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, WEDNESDAY, JANUARY 25, 1995 No. 15 House of Representatives

The House met at 11 a.m. minute and to revise and extend his re- years, though, it has evolved into now Rev. Elmer N. Witt, retired Lutheran marks.) that every freshman I run into asks me pastor, Tacoma, WA, offered the fol- Mr. BOEHNER. Mr. Speaker, our ‘‘Do you want to join my balanced lowing prayer: Contract With America states that on budget amendment?’’ God of Sarah and Abraham, whose the first day of a Republican House we The fact is, Mr. Speaker, that I want name is Wonderful, Counselor, You are will force Congress to live under the to show my colleagues what we have our nourishing Mother, our compas- same laws as everyone else, that we done. In the 12 years in which I was sionate Father. Before the awesome re- will cut one-third of the committee chairman of the Committee on Agri- sponsibilities of this day and this life, staff, cut the congressional budget, and culture, we reduced the budget by $65 we turn to You for our bearings and Mr. President, we have done that. billion. If every committee had done Your blessings. We depend on Your Mr. President, in the next 79 days, we the same way, we would not be talking commitment to humanity and to cre- will vote on the following 10 items: A about balancing the budget today. ation: to hear our pleadings, to right balanced budget amendment, which be- I want to thank my colleague, the our wrongs, to heal our failures, to fill gins today, and a line-item veto, a new gentleman from Texas, CHARLIE STEN- our needs, to empower our discussions, crime bill to stop violent criminals, HOLM, because the years when I was and our decisions with Your love. In welfare reform to encourage work, not serving as chairman, my time was lim- the midst of increasing hopelessness, dependence, family reinforcement to ited and he took over the job and has enable us to invest our lives in our crack down on deadbeat dads and to done an excellent job. Today will be words and Your strength in our deeds. protect our children, tax cuts for fami- the culmination of my original legisla- We ask this for the well-being of all lies to lift government’s burden from tion and his work through the years. people, in this Nation among nations. middle-income Americans, national se- f Lead us to be the best we can be, Gra- curity restoration to protect our free- cious God, in Your holy name. Amen. doms, Senior Citizens’ Equity Act to CONGRESS MUST SPEND TRANS- f allow our seniors to work without gov- PORTATION TRUST FUNDS TO ernment penalty, government regula- BUILD INFRASTRUCTURE FOR THE JOURNAL tion and unfunded mandate reforms, AMERICA The SPEAKER. The Chair has exam- commonsense legal reforms to end friv- (Mr. SHUSTER asked and was given ined the Journal of the last day’s pro- olous lawsuits; and congressional term permission to address the House for 1 ceedings and announces to the House limits to make Congress a citizen legis- minute.) his approval thereof. lature once again. Mr. SHUSTER. Mr. Speaker, our Pursuant to clause 1, rule I, the Jour- This, Mr. Speaker, is our Contract transportation needs in America are nal stands approved. With America. increasing. Passenger travel on our f f highways is growing at a rate of about 3 percent a year. By the year 2000, not PLEDGE OF ALLEGIANCE THE BALANCED BUDGET AMEND- too far away, we will experience a 30- The SPEAKER. Will the gentleman MENT, A CULMINATION OF LEG- percent increase in freight travel on ISLATION AND WORK BY DEMO- from Washington [Mr. METCALF] come our highways. forward and lead the House in the CRATIC AS WELL AS REPUB- Also, Mr. Speaker, airline travel con- Pledge of Allegiance? LICAN MEMBERS tinues to grow. It has doubled in the Mr. METCALF led the Pledge of Alle- (Mr. DE LA GARZA asked and was past 12 years, from 250 million pas- giance as follows: given permission to address the House sengers a year to 540 million passengers I pledge allegiance to the Flag of the for 1 minute and to revise and extend this past year, and at a 4-percent United States of America, and to the Repub- his remarks.) growth rate in the next 17 years, we lic for which it stands, one nation under God, Mr. DE LA GARZA. Mr. Speaker, Jan- will experience 1 billion passengers indivisible, with liberty and justice for all. uary 4, 1965, my first day in the Con- traveling on commercial airlines every f gress of the United States as a Demo- year. cratic Member from Texas, I intro- We need to spend our highway and THE CONTRACT WITH AMERICA duced a balanced budget amendment. aviation trust funds to keep building (Mr. BOEHNER asked and was given Mr. Speaker, few cared and less lis- infrastructure for America. These permission to address the House for 1 tened to me at that time. Through the transportation trust funds are deficit

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 595 H 596 CONGRESSIONAL RECORD — HOUSE January 25, 1995 proof. They are the keys to building for team, a team who the Nation’s experts Just like New Jersey, Americans the future, for getting ready for the picked to finish last. want a smaller smarter government. 21st century. Our transportation trust I would say to the minority, Mr. They want us to make the tough deci- funds are the foundation upon which a Speaker, never ever not support your sions here. The time for making ex- more productive and prosperous Amer- home team, but always take the point cuses is over. The time to act on our ica can be built. spread, and I would say to the gentle- promises is now. It has worked in New f woman from California [Ms. PELOSI], Jersey and it can work here in Wash- the Sees candy is going to taste great. ington. SOCIAL SECURITY EXEMPTION RE- f f DUCED TO SENSE-OF-CONGRESS RESOLUTION AMERICANS GUILTY UNTIL PROV- TRUTH-IN-BUDGETING (Mr. KLECZKA asked and was given EN INNOCENT IN DISPUTES WITH AMENDMENT permission to address the House for 1 THE IRS (Mr. STUPAK asked and was given minute and to revise and extend his re- (Mr. TRAFICANT asked and was permission to address the House for 1 marks.) given permission to address the House minute and to revise and extend his re- Mr. KLECZKA. Mr. Speaker, I take for 1 minute and revise and extend his marks.) the floor this morning to expose a remarks.) Mr. STUPAK. Mr. Speaker, last night caper which will be unfolding later Mr. TRAFICANT. Mr. Speaker, I say in the President’s State of the Union today. A couple days ago I and several to my colleagues, tell me, Congress, Message he laid out his challenges for of my colleagues went to the Commit- when did the IRS waive the Bill of this Congress and for the American tee on Rules to ask to be made in order Rights? Check this out. In Colorado, people to fulfill in the next year. The a balanced budget amendment which the IRS said that David and Millie President asked that these challenges would exempt Social Security. Evans owed them $42,000 in back taxes. be met in an open, honest bipartisan However, the Committee on Rules did Three weeks later they said it was a debate on all of the issues like the bal- not report favorably on that, and will mistake, it is $100,000, so they settled it anced budget amendment. deny us a very clean vote on exempting for $22,000. As the President mentioned in his re- Social Security from the balanced Evans sent a check. IRS stamped it, marks, we Democrats support a bal- budget amendment. What they did was received it, and IRS called them and anced budget amendment, with a full produce a sense-of-Congress resolution, said, ‘‘We don’t have your check prove and honest debate, not just between House Concurrent Resolution 17, which it.’’ They took them to court. They majority and minority Members but would exempt Social Security from liened their house. They sold their with the American people. any bills coming out of committees. business. They took their retirement The American people want to know, Know full well, this is the same account, all their bank accounts. as we begin this debate, how are we to mechanism, Mr. Speaker, that we de- It went to court, the court said the balance this budget by the year 2002. clare National Pickle Week around Evanses were not guilty. The IRS ap- Today we will have an opportunity as here, so the Republicans are treating pealed the decision, saying the judge we begin this debate to vote for a the trust fund for Social Security as if wrongfully instructed the jury by say- truth-in-budgeting amendment by the it were National Pickle Week. Know ing the burden of proof was on the IRS. gentleman from Michigan [Mr. CON- full well, it is becoming very clear to They said, ‘‘You must overturn this be- YERS]. I urge all of my colleagues to me and other people that the $423 bil- cause the tax code is quite clear, the support the truth-in-budgeting amend- lion surplus that currently is in the burden of proof is on the Evanses.’’ The ment which will tell us how we get to trust fund will be on the table once case was overturned. a balanced budget by the year 2002. this balanced budget amendment How else can we assure the American b passes. 1110 people they will have a opportunity to I support the balanced budget amend- Unbelievable, Congress. If there is a participate in this debate, to know ment, but let us not take that contract Contract With America, the American whether or not there will be cuts in we have made with our seniors and de- people do support much of your con- Medicare, to know whether or not stroy it because of this. The end result, tract. They support this contract, the there will be cuts in Social Security? Mr. Speaker, is that once this balanced basic tenet of our Bill of Rights: you The only way to guarantee it is truth budget amendment goes to the States, are innocent until proven guilty, and in budgeting. it will be defeated. damn it, if it is good enough for the Support the Conyers amendment. f Son of Sam, it is good enough for mom f and dad. TRIBUTE TO THE SAN DIEGO The SPEAKER pro tempore (Mr. PASS A BALANCED BUDGET CHARGERS DUNCAN). The Chair would advise the AMENDMENT TO PROTECT OUR (Mr. CUNNINGHAM asked and was gentleman from Ohio that he should CHILDREN’S FUTURE given permission to address the House avoid profanity in his remarks. (Mr. NORWOOD asked and was given for 1 minute and to revise and extend f permission to address the House for 1 his remarks.) minute.) Mr. CUNNINGHAM. Mr. Speaker, I TIME TO KEEP THE PROMISE OF A Mr. NORWOOD. Mr. Speaker, I would cannot tell the Members the disdain I BALANCED BUDGET AMENDMENT like today to welcome some young peo- have for some of my colleagues for not (Mr. FRELINGHUYSEN asked and ple from my district from the Athens supporting the San Diego Chargers. I was given permission to address the Academy in Georgia who are here in rise today to pay tribute to the new House for 1 minute and to revise and the gallery. champions of the American Football extend his remarks.) I rise today in support of the bal- Conference, the San Diego Chargers. It Mr. FRELINGHUYSEN. Mr. Speaker, anced budget amendment for young is no secret that America’s finest city last night in response to President people just like these folks here and has now America’s finest football Clinton’s State of the Union Message, young people across the Nation, and team. New Jersey Governor Christine Todd my granddaughter. Mr. Speaker, I want to salute presi- Whitman did not need equal time to The SPEAKER pro tempore. The gen- dent Alex Spanos and general manager get her message across. That message tleman should avoid references to Bobby Beathard, who have defied skep- was clear. those in the gallery. tics and produced a world class team Governor Whitman did not just The gentleman may proceed. through perseverance, hard work, and a promise change, she delivered. Mr. NORWOOD. We need the bal- little luck and a little stealth; to coach In New Jersey we cut spending and anced budget amendment to force dis- Bobby Ross and his team of coaches taxes. In New Jersey we have a bal- cipline on this body. This Nation is $5 who are proven motivators; and, fi- anced budget. In New Jersey we have trillion in debt. It is a debt that we are nally, to the players, the San Diego kept our promises. going to pass on to these young people January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 597 unless we act now. It is a debt that No. 4, it is in the Contract With to rescue Congress from itself, and to continues to grow. It is not enough to America. force it to do what 80 percent of our say that we would like to have a bal- No. 3, businesses balance their budg- constituents would have us do; that is, anced budget. Were it that easy, we ets, families balance their budgets. balance the budget. would have done it at least once during Now it is time for the House of Rep- Some say we do not need an amend- their lifetime. resentatives to balance the budget. ment to balance the budget, we just It is clear after 25 years, that we No. 2, if we do not pass a balanced says ‘‘no’’ to the special interests. must pass the balanced budget amend- budget amendment, even Big Bird will ment to force this body to act. not be able to teach our young children b 1120 Mr. Speaker, we must protect their to count as high as the debt is going. They say just balance the budget. future. We must take a stand here And the No. 1 reason why the Amer- They are wrong, tragically wrong. today so that the next generation will ican people deserve a balanced budget Jefferson said, ‘‘let no more be said not bear the burden of our mistakes. amendment: Because it would protect of confidence in men but bind them I urge my colleagues to support the the Social Security trust fund from down from mischief by the chains of balanced budget amendment. tax-and-spend bureaucrats. the Constitution.’’ f f f DIFFERENT APPROACHES TO A FEEL GOOD RESOLUTION BALANCED BUDGET AMENDMENT (Mr. VOLKMER asked and was given TWO MEN WORTHY OF PRAISE (Mr. RICHARDSON asked and was permission to address the House for 1 given permission to address the House (Mr. LEWIS of Georgia asked and was minute and to revise and extend his re- given permission to address the House for 1 minute and revise and extend his marks.) remarks.) for 1 minute.) Mr. VOLKMER. Mr. Speaker, it is in- Mr. LEWIS of Georgia. Mr. Speaker, Mr. RICHARDSON. Mr. Speaker, teresting, when I reviewed this morn- after all of the smoke and hot air I rise today to commend two individ- ing House Resolution 44 brought up by uals who yesterday performed acts clears from the debate on the balanced the Rules Committee, that I find that worthy of praise, one a Democrat, and budget amendment, what is the dif- the first order of business is not a bal- one a Republican. ference between the two parties on this anced budget amendment but it is real- The first, Mr. Speaker, is President issue? ly a fraud on the House of Representa- Clinton, who last night delivered a First, we Democrats support a bal- tives and the American people, which State of the Union Address in this anced budget, many of us a constitu- is known as House Concurrent Resolu- tional amendment, but unlike the Re- tion 17. It is a feel gooder. It does not Chamber that laid out a vision for our publicans, we want to specify where have any effect. It is not even ever Nation. It is a vision in which law- the cuts are so that the American peo- going to be signed into law. It is sup- makers put aside their partisan dif- ple know and the States can plan ade- posedly going to tell the people, our ferences and work together for the quately. senior citizens who receive Social Se- common good, for the well-being of the We Democrats support the Constitu- curity, that they are not going to be American people. It is a vision he calls tion and will oppose a supermajority touched. Well, folks, that is not the ef- the new covenant. that is clearly unconstitutional. The fect of a concurrent resolution. That The second individual I want to com- Republicans do not. basically is a fraud. mend, Mr. Speaker, is Congressman We Democrats believe Social Secu- The other thing I find in this rule, GERALD SOLOMON, the chairman of the rity should be excluded, and have an this is very interesting, is that the Committee on Rules in this House. amendment clearly stating that. Re- other body, the Republican Party, the Yesterday, in the spirit of the new cov- publicans have an innocuous amend- majority have now admitted that the enant, Mr. SOLOMON decided to remove ment that better should be known as House Committee on the Judiciary did from the wall of his committee room the ‘‘Endangered Chicago Seat Protec- the portrait of Howard W. Smith, a tion Act.’’ not follow the rules when they marked portrait that many Members of this Mr. Speaker, the President last night up the budget resolution for a balanced House felt was unworthy to hang in a was bipartisan. He was positive, and we budget. Right in here it says, ‘‘Points place of such distinction. should do the same in this body. of order against consideration of the joint resolution for failure to comply I want to thank Chairman SOLOMON. f with clause 2(g)(3) of rule XI are He is a man of honor, integrity, and TEN REASONS WHY THE AMER- waived.’’ good will. ICAN PEOPLE DESERVE A BAL- That is an admission, that is an ad- These two men, President Clinton ANCED BUDGET AMENDMENT mission that the Committee on the Ju- and GERALD SOLOMON, deserve our (Mr. CHRISTENSEN asked and was diciary did not follow the rules of the thanks and our praise. House when they marked up the bal- given permission to address the House f for 1 minute and to revise and extend anced budget amendment. his remarks.) Why should we waive that rule? Why should we say that the Committee on THE STATE OF THE UNION Mr. CHRISTENSEN. Mr. Speaker, SPEECH the top 10 reasons why the American the Judiciary does not have to follow people deserve a balanced budget the rules of the House? (Mr. DORNAN asked and was given amendment: f permission to address the House for 1 No. 10, fiscal discipline does not minute and to revise and extend his re- BALANCED BUDGET work. marks.) No. 9, we need to make it as difficult (Mr. METCALF asked and was given Mr. DORNAN. Mr. Speaker, my good to get into debt as it is going to be to permission to address the House for 1 friend, JOHN LEWIS, the only two in ei- get out of it. minute.) ther Chamber that were there the day No. 8, the national debt is $4.6 tril- Mr. METCALF. Mr. Speaker, at the Martin Luther King gave his stirring lion and climbing. end of every month Americans sit down speech, I hate to disagree with him on No. 7, 80 percent of the American peo- with a checkbook in one hand and a anything, but I was offended by Clin- ple want it. stack of bills in the other. They realize ton’s speech last night on 15 points. No. 6, since the people cannot raise that you cannot continue to spend I will do a 5-minute special order to- their annual income just to meet their what you do not have. night I have just signed up for. I can bills, Congress should not be able to ei- But Congress has never fully accept- only mention four. ther. ed that concept. Mr. Speaker, for dec- The first one is new covenant. The No. 5, contrary to Democratic rhet- ades Congress has led this Nation into Ark of the Covenant was the Old Cov- oric, tax increases may have never bal- a sea of red ink. Clearly a constitu- enant. The New Covenant was the Son anced the budget. tional amendment is now the only way of God, Jesus Christ. I was offended H 598 CONGRESSIONAL RECORD — HOUSE January 25, 1995 when he used that term in New York at Mr. FAZIO of California. We have a were the same words essentially as the Democratic Convention. He re- Commander in Chief. We have to have those earlier taken down and pre- peated it over and over and over again a certain decorum here and respect for viously ruled out of order. last night. the body, if not for the individual. We The Chair has ruled that those words No. 2, to put a Medal of Honor winner have a respect for the person who is were also out of order. in the gallery that joined the Marine our Commander in Chief. Mr. BONIOR. Mr. Speaker, reserving Corps at 16, fudging his birth certifi- I would like to know that the gen- the right to object, I think the Chair cate, that pulled that second grenade tleman from California [Mr. DORNAN] misinterprets my comments, and per- under his stomach, miraculously sur- not only understands that but will haps I was not clear. The words I am viving and saving his four friends, he apologize to his colleagues and to the referring to were the original 1-minute did that 6 days past his 17th birthday. President for his behavior. statement by the gentleman from Cali- Does Clinton think putting a Medal Mr. DORNAN. Unanimous consent to fornia [Mr. DORNAN], and I am particu- of Honor winner up there is not going proceed for 15 seconds? larly concerned with the last two lines to recall for most of us that he avoided Mr. LINDER. Mr. Speaker, reserving of it, and I would like them read back the draft three times and put teenagers the right to object. to the House. in his place possibly to go to Vietnam? The SPEAKER pro tempore. The gen- No. 3, the line on the cold war, . .. tleman from California [Mr. FAZIO] has b 1133 By the way, Mr. Speaker, the second the floor at this moment. amendment is not for killing little Mr. FAZIO of California. I would be PARLIAMENTARY INQUIRIES ducks and leaving Huey and Dewey and happy to yield to my colleague from Mr. BONIOR. Mr. Speaker, I have a Louis without an aunt and uncle. It is California, since I have the time, to parliamentary inquiry. for hunting politicians, like Grozny, hear his response. The SPEAKER pro tempore. (Mr. 1776, when they take your independ- Mr. DORNAN. Will the gentleman DUNCAN). The gentleman will state his ence away. yield? parliamentary inquiry. Thank you, Mr. Speaker. Mr. FAZIO of California. I yield to Mr. BONIOR. The Speaker in pre- Mr. FAZIO of California. Mr. Speak- the gentleman from California. vious days has asked that the gen- er, I move the gentleman’s words be Mr. DORNAN. To my distinguished tleman in question, upon words being taken down. friend and colleague, Maj. Earl Kolbile, taken down, be seated. The SPEAKER pro tempore (Mr. Lt. Comdr. J.J. Connell was beaten to Would that not be a proper request to DUNCAN). For what purpose does the death in Hanoi. I have had friends beat- be made at this point? gentleman rise? en to death in Hanoi, tortured and The SPEAKER pro tempore. That is Mr. FAZIO of California. You cannot beaten. You have not. correct. The gentleman from California Mr. FAZIO of California. I have asked just do that. [Mr. DORNAN] should be seated at this The SPEAKER pro tempore. All the gentleman—— point. Members will suspend. The Clerk will Mr. DORNAN. I will not withdraw Mr. LINDER. Mr. Speaker, will the my remarks. I will not only not apolo- report the words spoken by the gen- gentleman yield? gize, . . . tleman. Mr. BONIOR. I yield to the gen- I will accept the discipline of the b 1125 tleman from Georgia. House. Mr. LINDER. Mr. Speaker, the gen- PARLIAMENTARY INQUIRY Mr. VOLKMER. I ask that the words tleman from California [Mr. DORNAN] Mr. SOLOMON. Mr. Speaker, I have a of the gentleman from California be parliamentary inquiry. taken down. did say that he understood the rules of The SPEAKER pro tempore (Mr. Mr. DORNAN. Good, I will leave the the House, that he had been censured DUNCAN). The gentleman will state his floor, no apology, and I will not speak under the rules of the House for what parliamentary inquiry. the rest of the day. The truth is the he said, and he will not speak for the Mr. SOLOMON. Mr. Speaker, a num- truth. next 24 hours on the floor of the House, ber of Members were not on the floor, The SPEAKER pro tempore. The and it strikes me that we are operating including myself, when the gentleman House will be in order. The gentleman’s under the rules. uttered his words. Is it possible to have words have already been taken Mr. BONIOR. Mr. Speaker, I think those words read back so that we can down—— the request made by the gentleman all hear it? Mr. VOLKMER. Those words, those from California [Mr. FAZIO] is still a The SPEAKER pro tempore (Mr. words. valid and much-needed request and, in DUNCAN). The gentleman is correct. Mr. FAZIO of California. The gen- addition to that, I would certainly like The Clerk will report the words. tleman is challenging the words that to hear the last two lines of the gentle- The Clerk read as follows: were uttered in response to my ques- man’s original statement. Even Andrea Mitchell of NBC took note tion. Mr. FAZIO of California. I have a that is Ronald Reagan’s prerogative, George The SPEAKER pro tempore. The parliamentary inquiry of the Speaker Bush’s and all of us who wore the uniform or Chair rules that those words as follows at this point. served in a civilian capacity to crush the evil ‘‘I believe the President did give aid The SPEAKER pro tempore. The gen- empire. Clinton gave aid and comfort to the and comfort to the enemy, Hanoi,’’ tleman will state his inquiry. enemy. were also out of order. The Chair has Mr. FAZIO of California. When the The SPEAKER pro tempore (Mr. ruled that, based on the precedents of Speaker rules that the gentleman DUNCAN). In the opinion of the Chair, the House, the words of the gentleman should not be allowed to speak for 24 that is not a proper reference to the from California were out of order, and hours, does that encompass remarks President. Without objection, the without objection, both sets of words that might be placed in the RECORD, words are stricken from the RECORD. will be stricken from the RECORD. participation in special orders, and Mr. FAZIO of California. Mr. Speak- Mr. BONIOR. Mr. Speaker, reserving other activities that might not involve er, reserving the right to object—— the right to object, and I will not ob- the gentleman speaking on the floor? The SPEAKER pro tempore. Without ject unless I do not get a satisfactory The SPEAKER pro tempore. It is the objection, the words are stricken from answer to my concerns, my concerns House’s determination as to whether or the RECORD. were with, frankly, more than just the not the Member should be allowed to Mr. FAZIO of California. Mr. Speak- words that were read. I was particu- proceed in order for the remainder of er, reserving the right to object, I larly concerned with the last sentence the day. That determination shall not think the gentleman from California or two of the gentleman from Califor- be made by the Chair. [Mr. DORNAN] owes the entire institu- nia’s statement,and I would like those Mr. FAZIO of California. In other tion, the Congress, and the President words as well to be read to the House. words, is the House required to vote on an apology. The SPEAKER pro tempore. The whether or not remarks should be Mr. DORNAN. Hell no; hell, no. Chair has just ruled that those words placed in the RECORD? January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 599 The SPEAKER pro tempore. Unpar- TAKE A LOOK UNDER THE HOOD THE GREATEST INCENTIVE TO liamentary remarks cannot be inserted OF THE BALANCED BUDGET WORK IN AMERICA IS THE ABIL- in the RECORD. AMENDMENT ITY TO EARN A DECENT WAGE Mr. FAZIO of California. But re- (Mrs. SCHROEDER asked and was (Mr. WYNN asked and was given per- marks that are not ruled unparliamen- given permission to address the House mission to address the House for 1 tary may be placed in the RECORD if for 1 minute.) minute and to revise and extend his re- they are not uttered on the floor; is Mrs. SCHROEDER. Mr. Speaker, it is marks.) that the ruling of the Speaker? very hard to take the well after such Mr. WYNN. Mr. Speaker, I rise this The SPEAKER pro tempore. Unpar- an emotional time. I think Americans morning to say that the President got liamentary remarks should not be in- all wish we could get on with business it right last night. He talked about em- serted in the RECORD in any manner or and stop this kind of partisan fire- powering people, and critically he said, form. works, and yet today is the day where ‘‘You’ve got to pay a decent wage.’’ He Mr. FAZIO of California. They should I think, if a lot of Americans knew suggests that the greatest incentive to not be inserted at any time, but there what kind of business we were going to work in America is the ability to earn is a particular provision that we are do, and we were really going to be giv- a livable wage. dealing with here which removes the ing them the business, they would Mr. Speaker, I recall commenting Member from the ability to commu- want this partisan fireworks to con- about a seamstress who, when told, ‘‘If nicate with his colleagues here. tinue. you got an increase in the minimum wage, you might lose your job,’’ told a Is that communication written as We are going to take up a balanced reporter, ‘‘Look. I’ll take my chances well as oral? budget amendment. I say to my col- with a job. I want a better wage.’’ The SPEAKER pro tempore. In the leagues: There are young people all through- RECORD the gentleman is correct. ‘‘When you read the rule, you will find out that in the Judiciary Commit- out my district who say the same Mr. FAZIO of California. So in other thing: words, just to confirm the Speaker’s tee we didn’t have proper notice. As you know, the major amendments were ‘‘Congressman, we want to work, but ruling, we will not read or hear from never dealt with. We rolled it out here it’s got to pay a decent wage.’’ the gentleman from California [Mr. to the floor, and the very first thing we The President pointed out last night DORNAN] for the next 24 hours; is that are going to do today is take up a reso- that at the current minimum wage correct? lution saying, ‘Oops. Well, we really level of $4.25 an average American The SPEAKER pro tempore. Unless don’t mean Social Security to be in- makes $8,840 a year, less than we make the House permits him to proceed in cluded.’ But if you think that resolu- in 1 month. I think that is very telling order, the gentleman is correct. tion is going to outweigh a constitu- because subsequent to his speech last Mr. FAZIO of California. And for the tional amendment, you’re wrong. This night the American people in poll re- House to permit that would require a kind of haste is going to make people sults said by a margin of 72 percent majority vote? very, very angry. You don’t buy a car that they wanted a livable wage. The SPEAKER pro tempore. It would without looking under the hood, and Ladies and gentlemen of America, require either unanimous consent or a don’t buy this today. It really is not there is a difference. The President has majority vote of the House to permit what you think it is.’’ got it right. Let us pay a decent wage. the gentleman to proceed in order. f Mr. FAZIO of California. I appreciate f HAS THE PRESIDENT BECOME A the Speaker clarifying the situation. THE AMERICAN PEOPLE DEMAND REPUBLICAN? Mr. BONIOR. Mr. Speaker, the gen- A BALANCED BUDGET AMEND- tleman from California [Mr. DORNAN] is (Mr. HOKE asked and was given per- MENT on his feet. Is he not supposed to re- mission to address the House for 1 main seated until the determination? (Mr. GANSKE asked and was given minute.) The SPEAKER pro tempore. The gen- permission to address the House for 1 Mr. HOKE. Mr. Speaker, I say to my tleman can either be seated or leave minute.) colleagues, ‘‘Don’t get excited, every- the Chamber. Mr. GANSKE. Mr. Speaker, change is one. I don’t want to cause any par- Mr. BONIOR. He chose to leave the scary, especially for the folks who liamentary problems here today, and I Chamber; OK. liked things the way they were. But certainly don’t intend to impugn any- my job is to do the people’s work. one’s motives or integrity, but after The SPEAKER pro tempore. Is it the Mr. Speaker, the American people listening to the President’s speech last Chair’s understanding that the final have spoken. They want a leaner and night, I have to ask the question that words in the original 1-minute are in- less intrusive government. They want all of America wants to know: Has the cluded in the gentleman’s request? us to put our financial house in order. President become a Republican?’’ Mr. BONIOR. The Speaker is correct. And finally, they want us to end poli- Mr. Speaker, some in the Chamber The SPEAKER pro tempore. The tics as usual. might not take kindly to that label, Chair is attempting to have them tran- Congress has been on a spending but to most of us we consider it to be scribed at this moment. binge that has clearly lasted too long. a badge of honor, and I say to my col- The Clerk will report the words in This binge has created a huge national leagues, ‘‘If you’ve read recent polls, it the original 1-minute. debt that is costing our country $816 appears that, as the President has, the The Clerk read as follows: million every day in interest alone. American people are demanding the By the way, Mr. Speaker, the Second The American people demand that we same Republican principles of smaller, Amendment is not for killing little ducks get our financial house in order. It is less costly government, greater indi- and leaving Huey, Duey and Louie without time to end the bickering and get down vidual freedom based on personal re- an aunt and uncle. It is for hunting politi- to work. It is time to show the courage sponsibility.’’ cians, like Grozny, 1776, when they take your needed to pass a balanced budget That is exactly what the President independence away. Thank you, Mr. Speaker. amendment. For too long Congress has embraced last night, and that is ex- The SPEAKER pro tempore. The spent and spent, passing the bill on to actly the premise of our Republican Chair sees nothing unparliamentary our children and our grandchildren. Contract With America. Mr. Speaker, about those words. This has got to end. it is good to see the President has Without objection, the words already I recognize that the road ahead will joined with a majority of the voters in ruled out of order will be stricken from be tough. I also recognize there will be supporting the Republican agenda. We the RECORD. resistance. We must pass a balanced are the party of forgive and forget, and There was no objection. budget amendment. we welcome him to our cause. H 600 CONGRESSIONAL RECORD — HOUSE January 25, 1995 THE REPUBLICAN MAGIC MAS- lift the bottom rung of the occupa- We are going to continue to fight for SAGE TO BALANCE THE BUDGET tional ladder beyond their reach. our hard-working families. We will (Mr. BROWN of Ohio asked and was f work to pass a middle class tax cut to help families pay the mortgage and given permission to address the House SOUND FAMILIAR? for 1 minute.) send their children to school. We will Mr. BROWN of Ohio. Mr. Speaker, (Mr. HAYWORTH asked and was continue to reinvent government and the day that Congress votes on the bal- given permission to address the House cut bureaucracy, and we will not slash anced budget amendment I am troubled for 1 minute and to revise and extend Social Security and Medicare. Can our by the fact that the Republicans still his remarks.) Republicans say the same? have not told the American people Mr. HAYWORTH. Mr. Speaker, can f where the cuts are coming from. One anyone seriously tell me what was dif- thing the Republicans are telling us, ferent in last night’s State of the THE REPUBLICAN PROMISE TO however, is that they want to change Union Address from what the President THE AMERICAN PEOPLE the Consumer Price Index with smoke has done in his previous two addresses, and mirrors. They want to change the I mean besides the fact that it was (Mr. LEWIS of Kentucky asked and way the Consumer Price Index is cal- longer? was given permission to address the culated. There is nothing wrong with the House for 1 minute and to revise and What does that mean? It means that President’s words; it is not the Presi- extend his remarks.) Social Security benefits will be cut by dent’s speeches that have put him in Mr. LEWIS of Kentucky. Mr. Speak- $27 billion, cutting benefits for 42 mil- the fix he is in, it is his actions, and er, some of the President’s remarks lion senior citizens. Republican recal- the quicker the President figures that last night gave us reason to hope. The culation of the Consumer Price Index out the better off we all will be. President has done that before. How- means taxes will be increased by $21 The President says he wants less ever, let us remember that hopeful billion, raising taxes on 114 million Federal spending and a smaller, more rhetoric does not always lead to action. families. efficient Government. If that is the I know what kind of action the Wait a second. Are these the two case, I hope he supports the tax limita- American people want. Back in Novem- steps Republicans promised not to tion balanced budget amendment that ber the voters sent us a message—it is take, cutting Social Security and rais- we will vote on today. time to change Congress, no more ing taxes? Republicans again want to The President says he wants to re- overbloated, big spending, big govern- duce unfunded Federal mandates on magically massage budget numbers to ment status quo. The American people State and local governments. If that is balance the budget. Perhaps, Mr. demand change. the case, he should tell our Democrat Speaker, we can now expect Repub- Republicans are working to keep our colleagues to stop these obstructionist licans to name David Copperfield as promise to the American people. We the new CBO Director. tactics we have seen that have stalled the reform bill that we have been are committed to reducing the size, Mr. Speaker, Republican smoke and scope, and cost of our Federal Govern- mirrors will not fool the American pub- working on all week. The President says he wants to end ment. We are passing unfunded man- lic. dates legislation and balancing the f welfare as we know it. If that is the case, then he should support the Re- budget because that is what the Amer- b 1148 publican contract bill which will fun- ican people want. damentally change the role of welfare They want no rhetoric, just action. I MINIMUM WAGE in our society. But the President prob- hope the President’s party will join us (Mr. KNOLLENBERG asked and was ably will not do that, and next year he in a bipartisan way to deliver the peo- given permission to address the House will come back with a speech that will ple the action they want. for 1 minute and to revise and extend sound familiar to us all. f his remarks.) f Mr. KNOLLENBERG. Mr. Speaker, last night we heard President Clinton MIDDLE CLASS PROMISED PRO- A NEED TO SPECIFY WHERE THE call for an increase in the minimum TECTION IN PRESIDENT’S POSI- CUTS TAKE PLACE wage. Leon Panetta claims such an in- TIVE AGENDA (Mr. POMEROY asked and was given crease will ‘‘keep people interested in (Mrs. LOWEY asked and was given permission to address the House for 1 work rather than in welfare.’’ permission to address the House for 1 minute and to revise and extend his re- It must have been a busy week for minute and to revise and extend her re- marks.) the writers over at the White House. marks.) Mr. POMEROY. Mr. Speaker, at the Not only did they have to write a State Mrs. LOWEY. Mr. Speaker, last night finest moments of the State of the of the Union Address, but they had to the American people heard President Union speech last night the President rewrite basic economic theory as well. Clinton present a positive agenda for stressed bipartisan responses to the Last Wednesday, Mr. Carlos Bonilla, America’s long forgotten middle class. problems which face this country. an economist at the Employment Poli- He held out an olive branch to my col- I believe the new majority is making cies Institute, testified before the Op- leagues on the other side of the aisle a serious mistake in its tough partisan portunities Committee. He argued that and said the Democrats and Repub- response to his and other viewpoints. low wage jobs, not job training pro- licans must come together for the pub- This partisanship is evidenced in many grams, provide the best means to break lic good. ways, including the wholly inappropri- the cycle of dependency. He also But the President also made it very ate words uttered by the gentleman warned that raising the minimum wage clear that we will not allow the new from California a few minutes ago. would deprive many welfare recipients Republican majority to undermine the It is also evident in majority efforts of the opportunity to work their way progress we have made in fighting to stop this House from considering re- off welfare. crime, protecting the environment, and quirements that the balanced budget I urge my colleagues, who believe improving education. When the Repub- amendment specify where the cuts will that raising the minimum wage rate licans propose radical ideas like elimi- come from. Every single balanced will help the poor, to review Mr. nating the FDA, federalizing divorce budget amendment proposal considered Bonilla’s testimony. The President’s laws, criminalizing abortions, and by this body should specify where the intentions may be good, but raising the slashing Medicare and Social Security, cuts will come. I favor a balanced budg- minimum wage is bad policy. we will oppose them every step of the et amendment, but I deeply regret that As the House begins to consider legis- way. We want to move this country the new majority has not even allowed lation that will move welfare recipi- ahead to the 21st century, not go back us to vote on whether every proposal ents toward self-sufficiency let us not to the 19th. should specify where the cuts will be. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 601 OFF TO A GREAT START ON THE minute and to revise and extend his re- Mr. Speaker, I hope these incidents CONTRACT WITH AMERICA marks.) are just the result of errors made in (Mr. JONES asked and was given per- Mr. TIAHRT. Mr. Speaker, it was an haste during the rush of the first 100 mission to address the House for 1 honor last night to sit in this Chamber days, and not a more sinister campaign minute.) and listen to all three of the Presi- to return to the ugliness of the past. dent’s speeches: The one to the Repub- Mr. JONES. Mr. Speaker, Americans f want change. They want a balanced licans, the one to the Democrats, and budget amendment, unfunded mandate the one to the people. Clearly the President has heard the real State of ACT NOW ON CONTRACT WITH reform, a line-item veto, and a middle AMERICA class tax cut. People want change to the Union, which was given by the peo- make their lives easier and to get gov- ple last November 8. (Mr. KINGSTON asked and was given ernment off their backs. People want However, the President failed to com- permission to address the House for 1 less government, lower taxes, and more prehend how serious the people are minute and to revise and extend his re- control over their lives. about passing a balanced budget marks.) Just look at the November election amendment with a strong tax limita- Mr. KINGSTON. Mr. Speaker, last results. Last night I was listening to tion. Without a supermajority to raise night President Clinton gave a great President Clinton express the same taxes, Congress will be tempted to bal- marching speech. Left-right, left-right, ideas. He suggested that we stop impos- ance the books on the backs of working left-right. At times he was Reagan, at ing mandates on States, that we adopt families and the middle class, and they times he was Dukakis. But in the end a line-item veto to slash pork-barrel just cannot afford for that to happen it was the same old stuff, the White spending, and that we work together again. House weather vane rides again. In the Instead, each of us needs to make a for a $500 middle class tax cut. final analysis of his 11⁄2 hour vague, me- Mr. Clinton, welcome to the Repub- commitment to spend the people’s andering, heartwarming tales of innu- lican philosophy. money as if it were our own. We need endo, insinuations and soft truths, we This is the Contract With America. to sit down in a bipartisan manner and were led to nowhere. The Republican Party campaigned for get the scalpel out and begin to cut In contrast, New Jersey Governor government. Like the President said and the American people supported our Christine Wittman said ‘‘Actions will last night, let us change the govern- contract. We are off to a great start, so always speak louder than words.’’ ment; let us make it smaller, less cost- let us begin working together to Let us today start with actions by ly, and smarter, leaner, not meaner. achieve these goals for the people by passing the balanced budget amend- I am here because the people of Kan- starting with the balanced budget ment, go on to prohibit unfunded man- amendment. sas wanted real change. Now let us put it into action. Let us given it to them, dates, follow it up with the line-item f with a balanced budget amendment and veto, and the rest of the elements of RUSH TO JUDGMENT ON MEXICAN a strong tax limitation. the Contract With America, which is what the American people wanted and LOAN GUARANTEE f how they spoke November 8. (Mr. MENENDEZ asked and was DO NOT RETURN TO UGLINESS OF given permission to address the House THE PAST f for 1 minute and to revise and extend his remarks.) (Mr. PAYNE of New Jersey asked and SPELL OUT PLAN FOR BALANCED Mr. MENENDEZ. Mr. Speaker, the was given permission to address the BUDGET House for 1 minute and to revise and Contract With America does not in- (Mr. SKAGGS asked and was given clude a $40 billion bailout provision for extend his remarks.) Mr. PAYNE of New Jersey. Mr. permission to address the House for 1 Mexico, and, therefore, I cannot fath- minute and to revise and extend his re- om the need to rush to judgment that Speaker, yesterday members of the Congressional Black Caucus took a marks.) we are seeing in this House. Mr. SKAGGS. Mr. Speaker, amending This proposal is moving faster than a stand against allowing a symbol of seg- regation and racial division to be hon- the Constitution is always very serious bullet train without brakes, and we are business. The balanced budget amend- talking about $40 billion of U.S. loan ored in the House of Representatives. I refer to the decision which was made ment is particularly serious when, as guarantees. proposed in the contract, it is to be Now, there is a hearing today, but it earlier by Members of the new major- ity party to replace the portrait of joined with an increase in military is only with administration witnesses. spending, a cut in taxes, and a promise No dissenters need apply. The Inter- Claude Pepper, a great humanitarian and champion of civil rights and older not to touch Social Security. And, to national Relations Committee, I under- boot, we are supposed to make it al- stand, is holding no hearings. They are Americans, with a painting of a re- most impossible ever to consider even going to go direct to the Rules Com- nowned segregationist and outspoken an emergency tax increase on upper in- mittee and on to this floor. defender of slavery, former Representa- come Americans if that were necessary Each Member has a fiduciary respon- tive Howard W. Smith. I commend Rep- to reach balance. In other words, it is sibility to the taxpayers of this coun- resentative LEWIS of Georgia for speak- all to be done, all $1 trillion-plus, by try, and it is not to rush to judgment ing out on this issue, and let me also 2002 by cuts in spending. on $40 billion of loan guarantees. We point out that the new chairman of the Now the advocates of this approach heard the Mexican Government say Rules Committee, our colleague GER- say it can be done. Assuming they are they want no conditions. I cannot go to ALD SOLOMON of New York, to his cred- speaking in good faith, that must mean a bank, you cannot go to a bank and it, heard our grievance and agreed to they have some plan for getting it say you want to impose the conditions remove the portrait. We appreciate his done, and if they have such a plan, it under which you get a loan. response, but I am disturbed by what seems to me they ought to let the Mr. Speaker, let us not rush to judg- appears to be a pattern of turning back American people know what is in it. ment. Let us think about what we are the clock on the progress in racial rela- Let us know where this road leads be- doing. Let us exercise our fiduciary re- tions. This incident comes on the heels fore we start down it, promising to get sponsibility. of the controversy over the hiring of the House Historian, Christine Jeffrey, to the other end. And if they do not f who insisted that schoolchildren must have a plan, then let us know that now b 1200 be fair to the Ku Klux Klan, a secret too. society who appears in white sheets Unfortunately, however, the Commit- GIVE PEOPLE CHANGE and who have terrorized African-Amer- tee on Rules refused to make in order (Mr. TIAHRT asked and was given icans, Jews, Roman Catholics, and oth- an amendment that would give the permission to address the House for 1 ers they find unacceptable. American people the right to know. H 602 CONGRESSIONAL RECORD — HOUSE January 25, 1995 ACTIONS SPEAK LOUDER THAN reached the breaking point. Either this well to their new minority status. I WORDS House will pass the balanced budget thought it would take them at least (Mr. WELLER asked and was given amendment, or we will continue to several months to completely permission to address the House for 1 condemn future generations of Ameri- marginalize themselves in this Cham- minute.) cans to a lifetime of penance for our ber, but they appear to have accom- Mr. WELLER. Mr. Speaker, last mistakes. plished this in record time. night this Chamber was treated to Mr. Speaker, the American people While Republicans have busied our- quite a speech. At times it sounded as have grown cynical about the ability of selves at making good on out promises though the President had finally heard their Government to control spending, to the American people to end un- the message that the American people and why should they not? For decades funded mandates and pass a balanced sent last November. Americans want we have raised taxes rather than mak- budget amendment, the Democrats smaller government and less taxes. In ing the tough decisions necessary to have put all of their energy into creat- fact, there were times I was expecting cut spending and balance the budget. ing an atmosphere of cynicism and the President to pull out his copy of Now we have one last chance to force mistrust. the Contract With America and put his the Government to live within its But the delay tactics of the Demo- signature on it. means. We must pass the balanced crats will not prevent us from working But, Mr. Speaker, actions speak loud- budget amendment and save our grand- the will of the American people. We er than words. If the President is truly children from a debt they did not run Republicans will pass an unfunded serious about reducing the burden and up and they do not deserve. mandates bill, and, we will pass a bal- size of the Federal Government, I chal- f anced budget amendment. lenge him to join with the new Repub- Someone once noted that cynicism is lican majority and help pass the bal- PROTECT SOCIAL SECURITY IN frustrated idealism. Last November, anced budget amendment. Only with a BALANCED BUDGET AMENDMENT the Democrats witnessed the total re- balanced budget amendment will Con- (Mr. BECERRA asked and was given pudiation of their ideals. Now, they gress have the backbone and discipline permission to address the House for 1 have reduced themselves to a cynical to end the irresponsible and wasteful minute and to revise and extend his re- display of class-envy and obstruction- spending that has engaged this body in marks.) ism. the last 21⁄2 decades. Mr. BECERRA. Mr. Speaker, while f f some Republicans talk about buckling knees, President Clinton’s stance last b 1210 WE NEED TO GET OUR OWN HOUSE night was bold and firm: Cut the deficit IN ORDER and balance the budget, but not on the BALANCED BUDGET AMENDMENT (Mrs. KENNELLY asked and was backs of our senior citizens and chil- (Mr. HOYER asked and was given given permission to address the House dren. permission to address the House for 1 for 1 minute and to revise and extend The Republicans’ so-called balanced minute and to revise and extend his re- her remarks.) budget amendment requires $1.2 tril- marks.) Mrs. KENNELLY. Mr. Speaker, last lion in cuts. But get this, they will not Mr. HOYER. Mr. Speaker, last night night the President was gracious in his tell us how they are going to get there. President Clinton spoke of a covenant calls for bipartisanship whenever pos- We do know one thing for sure: Repub- of rights and responsibilities between sible in doing the people’s business. licans will not exempt Social Security Government and the American people. One area for such bipartisan approach and Medicare. In fact, during a recent Today we begin again the renewal of is the areas he suggested for tax deduc- hearing on the balanced budget amend- our responsibility to manage our Na- tions for postsecondary education. This ment in the Committee on the Judici- tion’s money with common sense and is in the best tradition of this country, ary, every Republican but one voted discipline. because we know that the surest route against an amendment to protect So- The issue of balancing the budget is to success is education. cial Security from the budget ax. not a conservative or liberal one, nor is However, before we can do the peo- I understand that Speaker GINGRICH it an easy one, but it is an essential ple’s business, we have to get our own has said in an interview recently that one for us in this House, for the Amer- house in order. It does no one any good Social Security is off the table. If this ican people, and most assuredly, for fu- to have someone come to this floor and is so, then why are his Republican col- ture generations. impugn the patriotism of the President leagues voting against such an amend- The 1980’s saw an explosion of debt in of the United States. Freedom of ment and why in the past has Speaker Government, in business, and in per- speech is the basis of our Government. GINGRICH himself said that ‘‘everything sonal finances. It threatened our eco- It is what every one of us stands for. is on the table’’? Everything includes nomic health and strength. We dra- But when someone unfairly attacks the Social Security. matically addressed this crisis in 1993, President of the United States on this Mr. Speaker, the President’s words and the debt is receding, but we must floor, we weaken our Government, we rang very true last night when he said ensure that the competing demands for weaken each and every one of us on the elderly have made us what we are. Federal resources do not erode our fis- whatever side of the aisle. It should And unlike the Republicans, the Presi- cal covenant of responsibility. That is end, it is unacceptable, and it is wrong, dent’s words were very clear and un- why I believe it so important for us to and the people do not want it. equivocal when he said ‘‘My budget adopt the Stenholm-Schaefer balanced f cuts a lot, but it protects education, budget amendment. veterans, Social Security, and Medi- PASS THE BALANCED BUDGET care.’’ f AMENDMENT Mr. Speaker, rather than just talk (Mr. BUNN asked and was given per- about balancing the budget, I challenge CONGRESS NEEDS A THREE- mission to address the House for 1 the Republicans to bring their real FIFTHS TAX LIMITATION ON THE minute and to revise and extend his re- budget cleaver out from underneath BALANCED BUDGET AMENDMENT marks and include extraneous mate- the table. (Mr. FORBES asked and was given rial.) f permission to address the House for 1 Mr. BUNN. Mr. Speaker, today, the minute and to revise and extend his re- House of Representatives takes up the DEMOCRATS ADJUSTING TO marks.) balanced budget amendment again. MINORITY STATUS Mr. FORBES. Mr. Speaker, the fami- This House has repeatedly rejected the (Mr. LAHOOD asked and was given lies in my home area, Suffolk County, balanced budget amendment. In that permission to address the House for 1 must live within their means and spend time our Government has grown ever minute.) only what they take in. They have to larger, our taxes continue to increase, Mr. LAHOOD. Mr. Speaker, I must live on a balanced family budget, and and the crushing burden of debt has say that the Democrats are adjusting in the seven towns and the villages and January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 603 the school districts, they also must In the Contract With America, the Mr. DIAZ-BALART. Mr. Speaker, live within their means and on their Republican majority says we should history puts so much in perspective budgets as well. balance the budget with a three-fifths and in context. We are going today to Only in the Nation’s Capital is the requirement to raise taxes, and put the bring forth before this House a con- notion an oddity, living within a bal- emphasis not on raising taxes but on stitutional amendment to require that anced budget. For decades now the cutting spending. Why is this? our Federal budget be balanced. Congress only seems to know about in- If we look at Federal spending over Very prosperous countries in the creased spending, and to feed that ad- the last 40 years, there has been no past, very wealthy countries, even in diction with increased taxes. year in which Federal spending went this hemisphere, for example, Argen- The Republican majority, in response down. Every year Federal spending has tina, if we look at the history in the to the American people and in concert gone up. In the years that we have had early part of this century, Argentina with them, have charted a new course, major tax increases, and we have had was among the most prosperous coun- a course that embraces a balanced 16 major tax increases in the last 30 tries in the world. If we look now at budget with a tax limitation provision. years, Federal spending has gone up the dilemma that we are faced with in This is a course that seems unique only and the deficit has gone up also. Mexico, an economy that is part of in Washington, DC, but commonplace Therefore, the American people want NAFTA, and it is a very thriving econ- everywhere else in the country. a real change. They want a tax limita- omy, these instances in our recent his- Like an errant child who needs dis- tion balanced budget amendment that tory and in the recent history of this cipline, Congress needs a three-fifths puts the emphasis on balancing the hemisphere point to the fact that fiscal tax limitation for that discipline. Let budget by cutting spending, not by irresponsibility can destroy even pros- us pass it before over taxes again. raising taxes. perous, even very growing economies. CONGRESS SHOULD ACCEPT THE Mr. Speaker, I hope my colleagues When we realize that even Keynes, PRESIDENT’S CHALLENGE AND will vote for the Barton-Hyde-Dade- Mr. Speaker, never envisioned perma- BEGIN TODAY TO GET TO WORK Geren balanced budget amendment to nent deficit spending, we realize that FOR AMERICA the Constitution with the three-fifths we must put our budget under con- requirement for a tax increase. (Mr. LUTHER asked and was given straints. We must put ourselves under permission to address the House for 1 f constraints, as every family in Amer- minute and to revise and extend his re- CONGRESS MUST BALANCE THE ica has to. We must pass this amend- marks.) BUDGET, BUT DO IT IN THE ment to balance the budget. Mr. LUTHER. Mr. Speaker, President RIGHT WAY f Clinton’s message last night was the (Mr. TUCKER asked and was given message I heard from the Minnesotans URGING THE PRESIDENT TO HELP I represent throughout last fall’s cam- permission to address the House for 1 minute and to revise and extend his re- IMPLEMENT REFORMS CON- paign: If you work hard and play by the TAINED IN THE CONTRACT WITH rules, you should be rewarded by a marks.) AMERICA chance at achieving the American Mr. TUCKER. Mr. Speaker, last night dream. the President addressed us. We have (Mrs. WALDHOLTZ asked and was As a new Member of this body, Mr. heard some of our colleagues indicate given permission to address the House Speaker, I came here to achieve results that he was equivocal, that he had one for 1 minute and to revise and extend on a bipartisan basis for the people of speech for the left and one speech for her remarks.) my district. I applaud this Congress for the right. Mrs. WALDHOLTZ. Mr. Speaker, Re- its quick action on congressional re- Indeed, however, Mr. Speaker, the publicans in this Chamber have vowed form but, Mr. Speaker, I say to the President was very lucid last night. He to keep faith with the American peo- Members, that is just the beginning. was very clear. What he said is that he ple. The Contract With America lays We must now get to work and fight believes in balancing the budget, but our specific guidelines to reform the to improve the lives of everyday Amer- the devil is in the details. way the Federal Government conducts icans. Middle-class families are crying What he said, Mr. Speaker, is that its business. out for jobs that pay a liveable wage, yes, he embraces some of the principles By ending unfunded mandates, our for an education that provides the in the Contract With America, but, Mr. Government will stop the process tools for the future, for affordable Speaker, as every good lawyer and, in- whereby the Federal Government sim- health care for themselves and their deed, as every good lawmaker should ply dictates policy to the States, what- kids, and for streets free of violence know, a contract is only as good as its ever the cost. And, by passing the bal- and drugs. These are the reasons we terms and conditions. You must look anced budget amendment, the Federal were elected, to improve the lives of at the specificities. Government will be forced to live with- our fellow Americans. The Republicans have not offered us in its means, a responsibility that Mr. Speaker, let us accept the Presi- any specificities on how they intend to American families accept everyday. dent’s challenge, stop the gridlock and balance the budget. All they can tell us Mr. Speaker, Americans have over- bickering, and get on with making a is if we do not balance the budget, we whelmingly endorsed this reform agen- better tomorrow. Let us begin today. will indeed be paying for it with our da. We urge the President to help im- f children’s future. If we balance the plement this agenda to restore to the budget on the backs of our children, on Federal Government the basic values of THE TAX LIMITATION BALANCED the backs of our Social Security recipi- accountability, responsibility, and in- BUDGET AMENDMENT TO THE ent, they will indeed by paying for it in dividual liberty. CONSTITUTION their future. (Mr. BARTON of Texas asked and Mr. Speaker, we must be conscien- f was given permission to address the tious. We must listen to the President b House for 1 minute and to revise and of the United States. We must do it 1220 extend his remarks.) right, but we must do it rightly. BATTLE OF THE CONTRACTS Mr. BARTON of Texas. Mr. Speaker, f today is a historic day. We are going to (Mr. DURBIN asked and was given consider the tax limitation balanced CONGRESS MUST PASS THE BAL- permission to address the House for 1 budget amendment to the Constitu- ANCED BUDGET AMENDMENT TO minute and to revise and extend his re- tion. PROTECT THE AMERICAN WAY marks.) No one, perhaps except President OF LIFE Mr. DURBIN. Mr. Speaker, stay Clinton and some of his senior eco- (Mr. DIAZ-BALART asked and was tuned America for the battle of the nomic advisers, seriously questions given permission to address the House contracts today on the floor of the U.S. whether we should balance the budget for 1 minute and to revise and extend House of Representatives. In one cor- anymore. The question is how to do it. his remarks.) ner the Republican contract, which H 604 CONGRESSIONAL RECORD — HOUSE January 25, 1995 will bring us today the balanced budget advance economic growth. And the 60- The gentleman held up a budget just amendment. And what is included in percent supermajority on budget mat- a minute ago that he said would bal- the amendment which my Republican ters, revenue, and public debt policy ance the budget. The only problem was colleague applauds? Opportunities to would mean the minority, not the ma- only 73 Members voted for that. The make deep, slashing cuts in Social Se- jority, would control, and gridlock over fact of the matter is that the people curity and in Medicare. In fact, every our most important fiscal decisions were not prepared to vote for it. version of the Republican contract on would result. What we see now is the effort of them the balanced budget amendment leaves During the last Congress we adopted to rush the balanced budget amend- Social Security and Medicare vulner- a budget to cut a record $500 billion ment through, but not have the cour- able. from the deficit. Contrast that with age of their convictions to tell Ameri- How vulnerable? In my home State of the new Republican majority proposal cans in advance where they will cut the Illinois some 30 percent in cuts in Med- to put off the budget balance in ex- budget. The last time they tried to do icare are projected, reducing the bene- change for a promise in the Constitu- this only 73 Members voted for it. So fits for senior citizens, more out-of- tion to do it after 7 years and two pres- what do they want to do now? They pocket payments and the closing of idential elections. want to rush the balanced budget rural and inner-city hospitals. And in fact, the new majority has through, not have the courage, the ul- And in the other corner the Roo- steadfastly refused to put its budget- timate cynicism of not trusting, not sevelt Democratic contract. Roo- cutting numbers on the table. We know trusting the American people to look sevelt’s contract for Social Security, 60 why. Our knees would buckle, the at their plan and make a decision years now of dignity and independence States’ knees would buckle, but most whether they want it or not. for senior citizens, and a Democratic importantly, the American citizens’ It is balanced budgeting in the dark, contract on Medicare, which makes knees would buckle. not in the open as they pledged to do. sure that seniors do not have to worry, as they did in the past, about the pay- f f ment of medical bills. CUTTING THE FEDERAL BUDGET KEEPING AMERICANS IN THE As Speaker GINGRICH and others (Mrs. JOHNSON of Connecticut asked DARK ABOUT THE BALANCED reminisce about FDR, they might want BUDGET AMENDMENT to reflect on his values and the time- and was given permission to address honored contract he made with the the House for 1 minute.) (Ms. WOOLSEY asked and was given American people, today, in this debate. Mrs. JOHNSON of Connecticut. Mr. permission to address the House for 1 Speaker, my Democrat colleagues minute and to revise and extend her re- f make a strange argument against the marks.) HOW TO SHRINK THE FEDERAL balanced budget amendment. They say Ms. WOOLSEY. Mr. Speaker, last BUDGET do not pass it because if we do, we will night the President said that his budg- (Mr. SOLOMON asked and was given have to cut spending. et ‘‘protects against any cuts in edu- permission to address the House for 1 The corollary of that is that they cation.’’ minute.) think it is wise to continue to increase But, the President’s determination to Mr. SOLOMON. Mr. Speaker, here is the deficit $100 to $300 billion every preserve education funding is on a col- a balanced budget, not a balanced year for the next decade. lision course with the Republican Con- budget amendment, but a balanced Two, this year the estimates are tract on America. This contract prom- budget that we voted on last March. Do down, but Members know a well as I do ises to balance the budget, cut taxes, my colleagues know what? This budget it is only a couple of years until they and increase military spending, all at did not raise taxes, did not cut Social zoom up to $400 billion a year. the same time. Clearly this contract is Security, did not cut into veterans’ Yes, a balanced budget amendment a puzzle which is missing most of its contracts or obligations that we owe will mean that we will have to cut pieces. them. spending, and to he extent that we do Today on the House floor we will be What it did was shrink the size of the it honestly by downsizing agencies, by debating one piece of this devious puz- Federal Government. It eliminated 150 raising the retirement age so that Fed- zle—the balanced budget amendment. programs like the Interstate Com- eral employees retire when the rest of Mr. Speaker, if Republicans stick to merce Commission. It privatized 25 the world retires, by means testing their contract, they will have to cut government agencies like the Federal Medicare premiums, by doing sensible, more than $1.3 trillion in nonmilitary Aviation Administration. It downsized realistic, honest changes in Federal programs in the next 7 years. the Department of Education, which public policy, to that extent, you bet I ask the Republicans—why won’t has not produced anything in edu- we will be able to protect Social Secu- you educate the American people about cation, from 5,000 employees down to rity, health care security for our sen- the cuts you plan to make in our chil- 500. Thirty-six thousand Commerce De- iors, and those programs critical to the dren’s education? Mr. Speaker, our partment employees have not produced American people. children and their parents have a right one nickel of profit in America, and we f to know the fine print of the contract. cut them from 36,000 down to 3,000. The Republicans say they want openness in That is how to shrink the size of the TRUSTING THE AMERICAN PEOPLE government, that they want to shine some Federal Government. We do not cut So- TO MAKE DECISIONS ON A BAL- light on this institution. But in this week's de- cial Security; we do not have to, and ANCED BUDGET bate on the balanced budget amendment, they my colleagues know that. (Mr. MILLER of California asked and are keeping America in the dark about the fu- ture of children. f was given permission to address the House for 1 minute and to revise and f BALANCE THE BUDGET WITHOUT extend his remarks.) A CONSTITUTIONAL AMENDMENT Mr. MILLER of California. Mr. BALANCED BUDGET AMENDMENT (Mr. CONYERS asked and was given Speaker, earlier this year the Repub- (Mr. DOYLE asked and was given permission to address the House for 1 licans got quite upset when people permission to address the House for 1 minute and to revise and extend his re- called their Contract With America a minute.) marks.) contract on America. Today we are Mr. DOYLE. Mr. Speaker, I rise in Mr. CONYERS. Mr. Speaker, bal- finding out, in fact, those who called it support of the only bipartisan, bi- ancing the budget is a good idea, but a contract on America were more accu- cameral balanced budget amendment. I using our country’s most precious and rate, because it is a contract on our speak of the Stenholm-Schaefer time-honored document, the Constitu- senior citizens, both to their Social Se- amendment, House Resolution 28, of tion, to do it is a bad idea. It is unnec- curity payments and to their health which I am a cosponsor. I cosponsored essary. It would delay the budget bal- care coverage given to them under this resolution because I believe it is ancing, and could impede rather than Medicare. absolutely imperative that the 104th January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 605 Congress pass a balanced budget Madam Speaker, the text of the 27th is nearly five times higher today than amendment this year. amendment was prepared September it was when Ronald Reagan became Today, we will begin the debate on 25, 1789, and was not ratified until May President in 1981. That is a disgraceful, several different proposals that have 19, 1992, 203 years later. bipartisan legacy of irresponsible been introduced as possibilities. All of With this amendment and the amend- spending and tax giveaways. these proposals have merit—and I be- ment for term limits, the majority pro- The total debt of the Federal Govern- lieve that all of them are serious ef- poses to ratify the Conmstitution two ment totals more than $4.6 trillion, forts at formulating the best possible times in 100 days. The House Commit- more than $16,000 for every man, amendment to the Constitution. tee on the Judiciary approved the bal- woman, and child in America. Interest However, I am concerned that we do anced budget amendment in exactly 1 alone will total more than $225 billion, not lose sight of our goal. As we engage week after we convened the 104th Con- more than 10 times all the Federal in this debate, and examine the gress. The Senate Judiciary Committee funds spent on all education programs strengths and weaknesses of the var- approved it 1 week after the House did. and assistance by the Federal Govern- ious proposals, I urge my colleagues to Now, 3 weeks after we have convened, ment. remember how important it is to pass a we are being asked to actually amend Some oppose the balanced budget balanced budget amendment. Our debt the Constitution and send it to the amendment over genuine concern for currently exceeds $4.3 trillion. Since States. This impetuous pace, this the fate of Social Security, child nutri- this House last voted on a balanced haste, is a far cry from John Marshall’s tion, education funding, or other meri- budget amendment last March, our of the Constitution as the document in- torious programs. An honest assess- debt has increased by more than $160 tended to endure for all ages. ment of these programs shows us they billion. Madam Speaker, amending the Con- have not done well while we accumu- This country needs a balanced budget stitution is a serious matter. It is not lated $4 trillion in debt these last 12 amendment and the Stenholm-Schaefer to be done in haste. years. amendment is our best hope. While all f There is not a penny in the Social Se- other proposals will be dead on arrival curity trust fund. It has all been bor- in the Senate—the Stenholm-Schaefer CREATE LOAN GUARANTEES HERE rowed and spent, replaced by a pile of amendment has the bipartisan support AT HOME IOU’s. needed to actually pass in the Senate (Mr. FLAKE asked and was given Twenty percent of my State’s chil- and I urge my colleagues to support it. permission to address the House for 1 dren live in poverty and go to bed hun- f minute and to revise and extend his re- gry every night. marks.) We all know the shortfall in edu- b 1230 Mr. FLAKE. Madam Speaker, this cation funding. It is time to balance morning we have spent a great deal of the Federal budget. THE BALANCED BUDGET time in Banking talking about a $40 AMENDMENT f billion potential guarantee to Mexico. (Ms. MCCARTHY asked and was We heard arguments that the reason PROVIDING FOR CONSIDERATION given permission to address the House we ought to do this is because it is OF HOUSE CONCURRENT RESO- for 1 minute.) good for America; it is good for Mexico, LUTION 17, TREATMENT OF SO- Ms. MCCARTHY. Madam Speaker, as because Mexico is on our borders; it CIAL SECURITY UNDER ANY debate begins on the balanced budget will create jobs. CONSTITUTIONAL AMENDMENT amendment, there are two issues we As I listened to the discussion, and I REQUIRING A BALANCED BUDG- need to keep in mind. give consideration to the fact that so ET, AND PROVIDING FOR CON- First, the mere ratification of the many of us are talking about reduc- SIDERATION OF HOUSE JOINT balanced budget amendment will not tions in various programs, welfare and RESOLUTION 1, PROPOSING A balance the budget. Between ratifica- other programs, I could agree with that BALANCED BUDGET AMENDMENT tion of the amendment and the year if we could also make the same kind of TO THE CONSTITUTION 2002—when the amendment would come passionate arguments for the creation into force—we will continue to face of loan guarantees in this Third World Mr. SOLOMON. Mr. Speaker, by di- yearly deficits of $200 billion. That is nation within our borders. If we could rection of the Committee on Rules, I why it is imperative that we stipulate conglomerate those communities, give call up House Resolution 44 and ask for how the deficit will be reduced and why loan guarantees to create small busi- its immediate consideration. we need to be up front with the Amer- nesses, then those persons we bring off The Clerk read the resolution, as fol- ican people and explain the detailed of welfare would have job opportunities lows: steps we will take in balancing the Na- in the communities in which they live. H. RES. 44 tion’s books. When the loans are repaid, we take Resolved, That at any time after the adop- Second, we have to guarantee that that money, reinvest it in those com- tion of this resolution it shall be in order to we will not balance the budget on the munities, create more jobs, create consider in the House the concurrent resolu- backs of the States. Shifting spending more job opportunities, and then we do tion (H. Con. Res. 17) relating to the treat- ment of Social Security under any constitu- from the Federal Government to State not have to worry about growing wel- and local governments is not the an- tional amendment requiring a balanced fare or other entitlement programs. budget, if called up by the majority leader or swer and—despite the Rules Committee Madam Speaker, I believe if we are his designee. The concurrent resolution shall not placing in order my amendment on looking for a way to be able to solve be debatable for one hour equally divided and cost shifting-our State and local gov- the probelm of the growing budget in controlled by the majority leader and the ernments deserve to be protected from this area, then the best way to do it is minority leader or their designees. The pre- any such attempt to do so. let us talk about loan guarantees, not vious question shall be considered as ordered on the concurrent resolution to final adop- f just for Mexico. If it is good for Mex- tion without intervening motion. ico, it ought to be good for America to SEC. 2. At any time after the disposition of THE CONSTITUTION: A DOCUMENT do it here at home. INTENDED TO ENDURE FOR the concurrent resolution made in order by f the first section of this resolution, the AGES TO COME Speaker may, pursuant to clause 1(b) of rule (Mrs. CLAYTON asked and was given THE NATIONAL DEBT AND THE XXIII, declare the House resolved into the permission to address the House for 1 BALANCED BUDGET AMENDMENT Committee of the Whole House on the state minute.) (Mr. DEFAZIO asked and was given of the Union for consideration of the joint Mrs. CLAYTON. Madam Speaker, permission to address the House for 1 resolution (H.J. Res. 1) proposing a balanced budget amendment to the Constitution of over a period of more than two cen- minute.) the United States. The first reading of the turies, we have amended the Constitu- Mr. DEFAZIO. Madam Speaker, we joint resolution shall be dispensed with. tion 27 times, 27 times in more than 200 cannot go on as a nation piling debt on Points of order against consideration of the years. debt year after year. The national debt joint resolution for failure to comply with H 606 CONGRESSIONAL RECORD — HOUSE January 25, 1995 clause 2(g)(3) of rule XI are waived. General may well be the most important mat- Republic of States in the first place, to debate shall be confined to the joint resolu- ter this Congress will consider over the provide for a common defense. tion and shall not exceed three hours equally next 2 years, a balanced budget con- Here we are spending just on the in- divided and controlled by the chairman and stitutional amendment. In order to ranking minority member of the Committee terest alone $235 billion this year. And on the Judiciary. After general debate the make it perfectly clear right up front if interest rates rise, heaven help us. joint resolution shall be considered for that the budget is not to be balanced But even if they do not, in just 4 or 5 amendment under the five-minute rule. The by cutting Social Security, this rule years the interest we pay out annually amendment in the nature of a substitute rec- first makes in order a resolution de- to foreign countries, like the Nether- ommended by the Committee on the Judici- signed to protect Social Security. lands and Great Britain and other ary now printed in the joint resolution shall The concurrent resolution directs the be considered as read, shall be debatable for countries that hold our national debt, committees which will be proposing the interest will rise to $400 billion a one hour equally divided and controlled by legislation to implement the require- Representative Barton of Texas and an oppo- year. What are we going to do to help nent, and shall not be subject to amendment ment for a balanced budget to leave So- people who are truly in need then, while pending. No further amendment shall cial Security alone. when all the money is going out either The concurrent resolution will be de- be in order except those designated in sec- for national defense or just to pay the tion 3 of this resolution. Each amendment bated for 1 hour, and then the House interest on the annual debt service? may be offered only in the order designated, will vote on that issue. Madam Speaker and Members, the may be offered only by the named proponent Next, the rule provides the most open or a designee, may be considered notwith- and the most fair process that has ever deficit for this year is projected at $176 standing the adoption of a previous amend- been used by this House to consider a billion, and that is underestimated. ment in the nature of a substitute, shall be balanced budget amendment. Next year it is projected to rise to $207 considered as read, shall be debatable for one billion, and that is underestimated. hour equally divided and controlled by the The record shows that very clearly. proponent and an opponent, and shall not be The rule provides 3 hours of general And by the year 2000 it is projected to subject to amendment. If more than one debate on the balanced budget amend- be almost $300 billion unless we do amendment is adopted, then only the one re- ment. After general debate, the rule something about it. That is in spite of ceiving the greater number of affirmative provides first for a vote on the commit- that huge tax increase in 1990 under votes shall be considered as finally adopted. tee amendment in the nature of a sub- President Bush and that huge tax in- In the case of a tie for the greater number of crease in 1992 under President Clinton. affirmative votes, then only the last amend- stitute. This is the Barton version of ment to receive that number of affirmative the balanced budget constitutional We are still running debts annually of votes shall be considered as finally adopted, amendment. It the version which in- $300 billion. What is going on around except that if the amendment in the nature cludes the requirement for a three- here? of a substitute recommended by the Commit- fifths’ vote to increase tax revenues; it Madam Speaker, the first step we can tee on the Judiciary is one of the amend- is this version that I strongly support. take is enacting a real balanced budget ments receiving the greater number of votes We need to balance the budget, but amendment. then it shall be the amendment considered as we need to do it without making it finally adopted. At the conclusion of consid- Now, you have heard these 1-minute eration of the joint resolution for amend- easy to raise taxes. That really is what speeches here today. The opponents of ment the Committee shall rise and report this debate is all about. After the vote these constitutional amendments will the joint resolution to the House with such on the committee substitute, there will say that amendments are not nec- amendment as may have been finally adopt- then be votes on the five additional essary because Congress can control ed. The previous question shall be considered substitutes, four of which are to be of- the problem any time it wants. That is as ordered on the joint resolution and any fered by the Democrats. a true statement. amendment thereto to final passage without This process is much more fair to the intervening motion except one motion to re- Well, let me just tell you this: In the commit with or without instructions. minority than at any other time the last Congress I offered an alternative, SEC. 3. The further amendments that may House has considered a balanced budg- and here it is right here. I offered an be offered after disposition of the amend- et amendment. Each of the six sub- alternative budget resolution which ment in the nature of a substitute rec- stitutes will be debated for 1 hour, with would have reduced the deficit to zero ommended by the Committee on the Judici- a separate vote taken on each one. And in just 5 years, and listen to this: With- ary are those printed in the portion of the the one that receives the most votes is out raising taxes, without cutting So- Congressional Record designated for that the version that will be put to a final purpose in clause 6 of rule XXIII with the fol- cial Security, and without cutting con- lowing designations: (a) the amendment vote; that is, requiring a two-thirds tractual obligations to our veterans. numbered 4 by Representative Owens of New majority, or 290 votes, to pass. We balanced the budget and are left Finally, the rule provides a motion York; (b) the amendment numbered 1 by with an $8 billion surplus at the end of Representative Wise of West Virginia; (c) the to recommit, which will give the mi- 5 years. Let me tell you something: amendment numbered 25 by Representative nority one final chance to offer any That budget provided for tough spend- Conyers of Michigan; (d) the amendment amendment which complies with the ing cuts. It included language saying if numbered 29 by Representative Gephardt of standing rules of the House. Missouri; and (e) the amendment numbered Congress did not like the specific 39 by Representative Schaefer of Colorado. Mr. Speaker, the numbers of the na- tional debt in this Nation have grown spending cuts that are in there—and b 1240 so large that they have become dif- they are specific and scored by the ficult for most of us to really com- Congressional Budget Office—Congress The SPEAKER pro tempore (Mrs. could do whatever it wanted. Congress JOHNSON of Connecticut). The gen- prehend, even those here, those of us could always substitute those cuts for tleman from New York [Mr. SOLOMON] who deal with it every day, much less others. That is what we are going to is recognized for 1 hour. the American people. have to be doing after we enact this Mr. SOLOMON. Madam Speaker, for Madam Speaker, the Federal debt has the purpose of debate only, I yield the tripled during the last 10 fiscal years to constitutional amendment. customary 30 minutes to the very dis- almost $5 trillion in accumulated debt. But was that adopted? No, this budg- tinguished gentleman from Massachu- How much debt is that? It is just al- et was not passed, not on your life. It setts [Mr. MOAKLEY] pending which I most incomprehensible. It is a thou- only got 73 votes; 55 or 56 Republicans yield myself such time as I may sand billion dollars, not a thousand and 17 Democrats. consume. million dollars but a thousand billion Madam Speaker and Members, we During consideration of this resolu- dollars five times over. That is how have come to a point where those of us tion, all time is yielded for the purpose much the accumulated debt is in this who care about our children and care of debate only. country. about our grandchildren—and I have 4 (Mr. SOLOMON asked and was given The interest alone is projected at $235 grandchildren, along with 5 children— permission to extend his remarks and billion for the current fiscal year. That we are going to have to take a very se- include extraneous material.) is almost as much as we spend on the rious step to put an end to the irre- Mr. SOLOMON. Madam Speaker, national defense of this country, which sponsible deficit spending that we have today we begin consideration of what is the primary reason we formed this been talking about here this morning January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 607 and which is drowning this country in Members and other people had new Utah [Mr. ORTON] to use sequestration a sea of red ink. And it is totally, to- ideas on the topic and were being sti- to bring us back to balance. tally irresponsible. A balanced budget fled. Unlike my Republican colleagues, Madam Speaker, the list goes on, and amendment will do just that. my position has been consistent. on, and on. Madam Speaker and Members, no one Madam Speaker, the Republicans Let me tell my colleagues all is not proposes that such a solution be taken would have us believe that constitu- lost. There is a chance really to fix this lightly. The problem requires drastic tional amendments must be considered rule. If we defeat the previous question, action, and the time is now, it is right under a gag rule, that they always are I will then offer a germane amendment now today. The longer we wait the considered under a gag rule. I would to the rule that will be an open rule deeper in debt this Nation will be and like to take this opportunity to say to and will give us an opportunity to con- the more difficult it will be to get out the American people that this is not sider a truth-in-budgeting perfecting of it. It is almost too late now. true. amendment. Madam Speaker, Congress has re- In closing I urge all my Members to peatedly shown that it is not prepared b 1250 vote no on the previous question and to deal responsibly with the problems In fact, constitutional amendments then vote yes on the amendment to without some kind of a prod. The en- are usually considered in the Commit- consider balanced budget under an actment of a balanced budget amend- tee of the Whole under an open rule. open rule and to allow the truth-in- ment will help to give Congress—and This tradition, Madam Speaker, began budgeting perfecting amendment. this is the point—it will help to give in the very first session of the First Madam Speaker, I reserve the bal- Congress that prod, that spine, that Congress when the Bill of Rights was ance of my time. backbone and, for some who need it, considered. People offered amend- Mr. SOLOMON. Madam Speaker, I the excuse to do what the American ments, including perfecting amend- yield myself 30 seconds to respond to people have to do, and that is to live ments. Some were accepted, some were the gentleman from Massachusetts within our means. [Mr. MOAKLEY] my good friend. I urge you to vote ‘‘yes’’ for this rule rejected, and none of them were print- ECORD As my good friend knows, A Demo- and then for the American people, ed in advance in the R . If an open please vote for the balanced budget rule worked for the first 10 amend- crat Member on his side of the aisle amendment. Let us give it to the peo- ments to the U.S. Constitution, Madam had a balanced budget amendment ple to let them ratify it. Speaker, if an open rule worked for our pending before our Committee on Rules Madam Speaker, I reserve the bal- Founding Fathers, it should work for in both the 102d and 103d Congresses, ance of my time. us here today with the balanced budget and our committee deliberately stalled Mr. MOAKLEY. Madam Speaker, I amendment. it and never let it come to the floor. yield myself such time as I may Over the past 30 years, Madam Madam Speaker, I yield such time as consume. Speaker, every single rule reported he may consume to the very fine gen- Madam Speaker, I thank my good from the Committee on Rules on a con- tleman from Kingsport, TN [Mr. QUIL- friend from New York, Mr. SOLOMON, stitutional amendment has been an LEN], the chairman emeritus of the for yielding me the customary 30 min- open rule except those that arrived as Committee on Rules. utes. a result of a discharge petition or rules (Mr. QUILLEN asked and was given Madam Speaker, I rise in strong op- designed to preempt discharge. I am permission to revise and extend his re- position to this very closed rule. talking about rules for amendments marks.) Madam Speaker, I am hearing a lot dealing with Presidential succession, Mr. QUILLEN. Madam Speaker, in of double talk these days, especially direct election of the President, grant- my 32 years here in this House, I have around the word ‘‘open.’’ When my Re- ing the vote for 18-year-olds, the Equal always tried to be helpful in passing a publican colleagues were in the minor- Rights Amendment, D.C. congressional constitutional budget amendment. I ity, they said that nearly every rule we representation, and let me repeat, think it is absolutely necessary that granted was closed, including rules Madam Speaker: we act today favorably, and that we that provided for time caps and re- Every one of those rules were open. pass this constitutional amendment quired amendments to be printed in the But today things have changed. I ask without any delay. The people of this RECORD. But now that they are in the my colleagues to look at what has been Nation demand it, the majority of this majority, Republican Members have excluded by what the Republicans call House demands it, and I think the ma- changed the meaning of the word a most open rule. Look at the new jority of the States will ratify it, not ‘‘open’’ 180 degrees. ideas denied debate: only the majority in total, but the ma- Now a rule that cuts off debate, re- A bipartisan substitute on unfunded jority required. Some of the 50 States stricts amendments and refuses to mandates; a substitute offered by the today have some kind of a balanced allow Members to work together as the gentleman from Alabama [Mr. budget amendment, meaning that they President urged us last night is not HILLIARD] protecting civil rights legis- cannot spend any more than they take just called an open rule but a most lation; a substitute offered by the gen- in. open rule. I do not know what that tleman from Wisconsin [Mr. OBEY] ex- Madam Speaker, Tennessee is a good means. cluding Social Security and allowing example of that. We have had it for Madam Speaker, Republican flipflops Congress to waive the requirements in years, and it works. The Federal Gov- are enough to give a weather vane case of a recession; a substitute offered ernment should have it, and it will whiplash. by the gentleman from Arkansas [Mr. work. We should give it a try, and I have heard my colleagues compare THORNTON] excluding capital invest- today is the day that we are going to this rule to other balanced budget ments providing long-term economic do just that. rules, but what they do not tell you returns; a substitute offered by the I commend the members of the Com- and they do not tell the American peo- gentleman from Colorado [Mr. SKAGGS] mittee on Rules in the majority for ple is that every one of the balanced on judicial review; a substitute offered bringing this to the floor of the House, budget rules is the result of either a by the gentleman from Pennsylvania and I know that these amendments, discharge petition or reported to pre- [Mr. FOGLIETTA] requiring a three- which will be discussed in full, embrace empt discharge, and closely imitated fifths vote to reduce funding for low in- all of the ideas that were introduced the discharge rule. come health, education and employ- that the gentleman from Massachu- What they do not say is that I op- ment programs; an amendment offered setts [Mr. MOAKLEY] alluded to. I know posed those rules too because they by the gentleman from Pennsylvania that we will have an opportunity to were too restrictive. Check the record. [Mr. FATTAH] on natural disasters; discuss those issues, and in the end I The last time the discharge rule al- amendments offered by the gentleman certainly hope that this House will act lowed only the amendments that were from New York [Mr. NADLER] clarifying responsibly and favorably and pass this made in order the Congress before, I led the phrase ‘‘increasing tax revenues; an constitutional budget amendment the opposition because I knew that new idea offered by the gentleman from without delay. H 608 CONGRESSIONAL RECORD — HOUSE January 25, 1995

Mr. MOAKLEY. Madam Speaker, I I say to my colleagues, ‘‘It’s cow- BALART], for yielding me this time, and yield 6 minutes to the gentleman from ardly to say that you’re for a balanced I congratulate the chairman of the Michigan [Mr. BONIOR], the minority budget and then to leave it to future Committee on Rules for revealing the whip of the Democrat Party. Congresses to figure out how that true specific plan to achieve a balanced Mr. BONIOR. Madam Speaker, I budget is going to be reached. It’s like budget, showing that it can be done. thank the gentleman from Massachu- something a retired auto worker in my Madam Speaker, on November 8 of setts [Mr. MOAKLEY], my friend, for district once told me. He said, ‘Think last year, the American people elected yielding this time to me, and I thank about this in common sense terms.’ He us to fulfill a contract. That contract my colleagues on the Committee on said, ‘I wouldn’t sign a mortgage with- includes allowing a vote on a balanced Rules and on the other side of the aisle out first knowing how much the budget amendment to the Constitu- for the good work they have done so far monthly payments are going to be. I tion. And not just any balanced budget this year. wouldn’t like a mechanic to do major amendment, but specifically one that Madam Speaker, the American peo- work on my car without first getting would permanently protect the Amer- ple have a right to know how we are an estimate on what the repair bill is ican taxpayer from further unwar- going to balance the budget, and they going to be.’ So he said, ‘I don’t see ranted tax hikes—tax hikes like the are not going to be fooled by fig leaves. why it’s so unreasonable to say that one in President Clinton’s 1993 rec- They are not going to be distracted by before we have a constitutional amend- onciliation—that come in the name of simple solutions. As my colleagues ment to require a balanced budget, we deficit reduction. The American people know, in a poll that was released just first have some idea how that budget signaled on November 8 that they want yesterday, 86 percent of the American will be balanced.’ ’’ us to vote on the Barton amendment, Madam Speaker, I know the majority people said that Republicans should and to require a three-fifths leader says that, if the American peo- specify what they intend to cut before supermajority to raise taxes. And ple saw the details, that our knees passing a balanced budget amendment, that’s what we will do here today—as would buckle. Well, I say to my col- and in the President’s State of the promised. Today’s modified open rule leagues, ‘‘I would guess that, if your Union Address that night one idea that is fair. It provides guidance to navigate bank gave an estimate on your month- went off the charts was the idea that ly mortgage payments that would through the 44 substitutes offered—in- we should be honest with the American cause your knees to buckle, you might cluding many overlapping proposals— people and spell out exactly what is think twice about buying that home.’’ by bringing forward four Democrat going to be cut to balance the budget. We all know what is going on here. substitutes and one bipartisan alter- I say to my colleagues: We all know why knees would buckle. native. There was ongoing consultation ‘‘Now the question isn’t whether or My colleagues do not want to come with the minority, and the minority not you support a balanced budget. The clean with the American people be- leader was given the opportunity to question is, and always has been, how cause they do not want them to know designate priority amendments. There do you intend to get there?’’ the truth, and the truth is they are is some merit in all of the proposals— Now balancing the budget is going to going to slash Social Security, they are notably the Schaefer substitute, which require a mammoth cut totaling over going to slash Medicare, they are going offers a well-known balanced budget $1.2 trillion. This will affect every man, to slash veterans’ benefits, they are amendment that this House has come every woman, every child in this coun- going to pick the pockets of our seniors close to adopting several times in the try for years to come. The American and balance the budget on the backs of past. But make no mistake, this debate people have a right to know: senior citizens and children because focuses on the version of the balanced ‘‘How are you going to get there?’’ that is what the Republicans have done budget amendment that Americans ‘‘How much are you going to cut traditionally, and if that is not true, if said they wanted, the one included in from Social Security?’’ I am wrong, then show us it is not true. the Contract With America. Some in ‘‘How much are you going to cut I say to my colleagues, ‘‘Show us your this minority will no doubt complain from Medicare?’’ hand. Show us how you intend to bal- that one or another specific proposal is ‘‘How much are you going to cut ance the budget.’’ left out of the process. But the Amer- from student loans?’’ Each and every one of these sub- ican people understand that this debate ‘‘How much are you going to cut stitutes that we have before us today should focus on the big ideas—and we from veterans’ benefits?’’ and tomorrow should be forced to re- won’t be sidetracked by those who op- Madam Speaker, the American peo- veal exactly what cuts they intend to pose balancing the budget and are ple want to know. make to balance the budget. using every excuse to slow down pas- My friend, Madam Speaker, the gen- sage of the balanced budget amend- b tleman from New York [Mr. SOLOMON], 1300 ment. American’s did not vote for just went like this, and we are not Madam Speaker, they way this rule delay—they voted for action—now. going to cut anything. But then he of- is written right now, that is not the Madam Speaker, as a member of the fered a substitute on the budget just case. I urge my colleagues to defeat the bipartisan Commission on Entitlement last year, let me tell my colleagues previous question and let us bring an Reform and as a Representative from what he did cut: open rule that applies a truth test to Florida, I am quite familiar—if not He wanted to eliminate all ag sub- every substitute that is before us acutely aware—with the situation fac- sidies except for dairy, he wanted 50 today. The American people deserve ing Social Security. According to all percent cut in job training, and he had better than what I think this gutless the experts, the Social Security trust $140 billion over 5 years cut in Medi- bill we have before us now provides. fund will continue to run a surplus care. I say to the gentleman, ‘‘We need They want to know, and they deserve until at least 2012—and it is not ex- to know what you’re about doing with to know, the truth. pected to add to the deficit until 2029. this balanced budget amendment.’’ I think, Madam Speaker, it is way The idea that passage now of the bal- Mr. SOLOMON. Madam Speaker, will past time that we gave it to them. anced budget amendment will mean the gentleman yield? Mr. DIAZ-BALART. Madam Speaker, immediate and drastic cuts in Social Mr. BONIOR. I will when I finish with I yield 31⁄2 minutes to the gentleman Security benefits is a scare tactic pure my statement. from Florida [Mr. GOSS], a very distin- and simple. That is just not the truth. Now, Republicans say it is unreason- guished member of the Committee on In fact, as demonstrated by the Enti- able, unreasonable to ask us where Rules. tlement Commission findings, the these cuts are going to come from. (Mr. GOSS asked and was given per- greatest threat to Social Security Madam Speaker, I guess I was brought mission to revise and extend his re- comes from our annual red ink and up under a different set of rules. I was marks.) mounting debt—if allowed to continue, taught if I were going to do something, Mr. GOSS. Madam Speaker, I thank interest payments on the debt alone I ought to have the guts to say how I my distinguished colleague, the gen- could eventually squeeze all other pro- am going to do it. tleman from Florida [Mr. DIAZ- grams—Social Security included—out January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 609 of the picture. Make no mistake, So- one to consider alone the three-fifths spending into balance. The solution is to act to cial Security is off-budget, and it will requirement to increase tax revenue—a cut spending and, if necessary, raise taxes. stay that way. The Flanagan resolu- perfecting amendment proposed by Mr. That is what the President and Congress did tion—House Concurrent Resolution VOLKMER—and another to require truth successfully in 1993, and that is what we 17—made in order under the rule, shows in budgeting proposed by the gen- should do this year and in the years ahead our firm resolve in this respect. The tleman from Michigan [Mr. CONYERS]. until the Federal budget is finally balanced. situation is serious: We are currently In addition, several substitutes that Voting for a constitutional amendment to in debt to the tune of $4.6 trillion, a were not made in order would have pro- balance the budget is easy; it does not require figure that continues to grow by over vided us with the opportunity to fur- cutting any spending program or raising any- $200 billion a year. Madam Speaker, in ther improve the final product of this one's taxes. It sounds good, and it allows us light of this I was startled to hear the debate. to say that we are for balanced budgets. But ranking minority member of the Judi- I refer particularly to the substitute the truth is, it is bad policy. ciary Committee testify to the Rules offered by the gentleman from Arkan- Passing a constitutional amendment to bal- Committee that the national debt is sas [Mr. THORNTON], which sought to ance the budget would give Congress an ex- currently being reduced. I’m not sure define capital budgets by going beyond cuse not to reduce the deficit until the year how he arrives at this, since every year investments for physical infrastructure 2002. It would allow us to say that we have that we run a deficit, we add to our na- alone, to include also investments in done something about the deficit when, in fact, tional debt. Surely the minority is not developmental capital such as edu- we will have done nothing real about it. advocating still bigger debt for our cation and training. In fact, if the House and Senate approve children to bear. In closing I urge my We should also have been allowed to any of these proposals, what we will have colleagues to support the rule and the consider, either as a perfecting amend- done is relegate the responsibility for deciding Barton amendment. ment or as a substitute, the suggestion Federal budget policy to the States. They will Mr. MOAKLEY. Madam Speaker, I of the gentleman from Ohio [Mr. HOKE] have to debate whether they want to ratify this yield 4 minutes to the gentleman from for keeping the minutiae and complex- amendment; they will have to decide if Con- California [Mr. BEILENSON]. ity of changes in the budget process it- (Mr. BEILENSON asked and was self out of the Constitution, allowing it gress is capable of bringing Federal revenues given permission to extend his re- to be handled separately as legislation, and spending into balance; they will have to marks.) and thus providing us with a choice for guess how Congress is likely to act in re- Mr. BEILENSON. Madam Speaker, I a simpler constitutional amendment. sponse to a balanced budget requirement. At thank the gentleman from Massachu- And, the gentleman from Colorado a time when we are trying to reach out and setts [Mr. MOAKLEY], former chairman [Mr. SKAGGS] offered several good pro- improve relationships with our counterparts at of the Rules Committee, and our rank- posals, including one that would allow the State level, passing this amendment will ing member, who has so ably helped us Congress to approve an unbalanced undermine all of our efforts to come to terms protect the rights of the minority and budget during a time of national secu- with which responsibilities to our citizens the citizens of our country through his rity emergency, short of a declaration should be handled at the Federal level, and work on this committee. I thank the of war, which is required in the pending which by the States. gentleman very much for yielding me proposal. I believe that it is highly unlikely that three this time. This rule, unfortunately, does not quarters of our States will ratify any version of Madam Speaker, this is certainly not give us that opportunity, and it should this constitutional amendment. They know that the open rule that we had been prom- be rejected. if the Federal Government is under a balanced ised, and while it is not entirely closed, Madam Speaker, through the course of this budget requirement, they are likely to face we are all disappointed in the restric- debate, however, I hope that it will become deep cuts in Federal aidÐcuts which will re- tive nature of this resolution for the abundantly clear why the House should not quire them to make substantial cuts in spend- consideration of a measure so momen- give final approval to any of the alternative ing or to raise taxes at a time when most of tous as an amendment to the Constitu- versions of this legislation. them already face that unpalatable choice. tion of the United States. As a longstanding proponent of eliminating Moreover, States will realize that the bal- As has been well noted by the gen- Federal budget deficits, and as a Member who anced budget requirement for the Federal tleman from Massachusetts [Mr. MOAK- has acted to achieve that result by supporting Government will be far more onerous than LEY], the history of the manner in and voting for many, many unpopular meas- those that the States themselves operate which constitutional amendments have ures to reduce deficits over the past dozen under. Most States require a balanced operat- been considered, clearly shows that the years, I share the feelings of frustration which ing budget, but allow borrowing for capital use of the open rule is the wisest ap- have led most of our colleagues to conclude spending. To the extent that they are able to proach, and the one that appears to that amending our Constitution is our only categorize spending as part of their capital have been most often used when the hope for solving the Federal Government's budget, they are able to borrow extensively. threat of a discharge petition was not persistent budget deficit problem. Unless the substitute offered by Mr. WISE is pending, as is currently the case. The enormous deficits the Government has adopted, there will be no such distinction for Even more disappointing, under this run for the last decade and a half are, without the Federal budget. rule no perfecting amendments are al- a doubt, the leading policy and political failure But if, in fact, enough States ratified the lowed. If even a few of the proposed of our generation. By running huge deficits, we amendment, Congress would undoubtedly go perfecting amendments had been made have produced a soaring debt which requires to great lengths to find ways not to comply in order, we could have accommodated that we spend 14 percent of annual Federal with it. Recall what happened under the most of the major concerns about the budgets on interest payments. We have done Gramm-Rudman-Hollings Act, which Congress legislation, and given Members of the a grave disservice to future generations of passed in 1985; when the President and Con- House a chance to express their feel- Americans who will be saddled with that debt; gress operated under a requirement to reduce ings on a number of very important ad- and we have damaged our Nation's economic deficits to specified levels each year and ditional issues—issues which are pre- prospects by allowing the debt to consume produce a balanced budget within 5 years, we cluded from considering under this pro- more than $200 billion a year that could other- did everything possible to circumvent the re- posed rule. wise be used for much-needed investment, in quirement and avoid hard choices. We used This is an immensely significant both the private and public sectors. unrealistic economic assumptions to produce matter that we are dealing with, and These huge deficits, and the debt they cre- inflated estimates of revenues, we moved pro- we should do everything in our power ate, are also a large part of the reason why grams off budget, and we delayed payments to ensure that we take this step—if, in voters are angry at Congress and why so into future years. When we ran out of creative fact, we are going to do it—as care- many feel that our political process just does bookkeeping methods, we changed the deficit- fully, and as thoughtfully, as possible. not work. reduction requirements and, finally, aban- There clearly were a handful of very But the solution to the deficit problem is not doned the requirements altogether. fundamental and important issues that to amend the Constitution; writing a balanced Just as our inability to comply with Gramm- should have been allowed to be consid- budget requirement into our Constitution does Rudman-Hollings in an honest way fueled ered as perfecting amendments, such as nothing in and of itself to bring revenues and public cynicism toward Congress, so too H 610 CONGRESSIONAL RECORD — HOUSE January 25, 1995 would our almost-certain response to a con- and spending. It is not clear whether the immediately provide a list of exactly stitutional requirement to balance the budget. President or the courts will enforce thisÐor how we plan to balance the budget. The reason that Congress would try to find whether it could be enforced at all. If the reso- Well, I say to my friends on the other ways to avoid complying with a balanced lution of a budget imbalance is left to the side of the aisle, they are well aware of budget requirement is the same reason we did courts, it would put unelected Federal judges the way the budget process works. We not comply with Gramm-Rudman-Hollings, and in the position of deciding our Nation's fiscal have a Committee on the Budget. The the same reason we are not voting to balance policy. responsibility for outlining those the budget right now: there is no political sup- Mr. Speaker, for all of these reasons, the things lies with that committee, not port for the deep program cuts and large tax proposals before us to amend the Constitution with a particular piece of legislation increases that would be required to bring to require a balanced budget should be re- like this amendment. spending and revenues into balance. We may jected, and the rule before us, as I said at the Clearly we know that we have the re- agree, in the abstract, that want to balance the beginning of my statement, should be rejected sponsibility to bring those proposed budget, but we also realize that the draconian as well. Let us resolve, instead, to build on the cuts forward, and it is going to be done spending cuts requiredÐif the budget is bal- work we began last Congress when we en- under the standing rules of this House, anced through spending cuts aloneÐare not acted legislation that is, in fact, reducing defi- something which tragically in the past supported by most Americans. cits by half a trillion dollars over 5 years. have been ignored, but something Ms. PRYCE. Madam Speaker, I yield A constitutional requirement to balance the which we are doing our darnedest to 3 minutes to the distinguished gen- budget is not going to suddenly give us the stick to just as well as we possibly can. tleman from Claremont, CA [Mr. political support and the political will to cut I also am concerned about the fact DREIER], a member of the committee. spending cuts and raise taxes. In fact, I would that behavior in the past has seen the (Mr. DREIER asked and was given point out that many of the Members of the other side use that ridiculous king-of- House who are most enthusiastic about a con- permission to revise and extend his re- marks.) the-hill procedure, whereby the last stitutional amendment to balance the budget standing measure, the last one voted are the same Members who are equally, if not Mr. DREIER. Madam Speaker, I would like to begin by thanking my on, even though it may not have gotten more, enthusiastic about cutting taxes. And, the greatest number of votes in the not surprisingly, they are finding themselves friend, the gentlewoman from Colum- bus, OH [Ms. PRYCE] for yielding me House, is carried. We have modified unable to develop a plan to show how we can that so-called king-of-the-hill proce- produce a balanced budget by the year 2002. this time, and I rise to congratulate the gentlewoman as well as the gentle- dure so that the provision which has Even if all tax-cut proposals were aban- the highest number of votes will be the doned, Congress would need to cut spending woman from Utah [Mrs. WALDHOLTZ], the gentleman from Florida [Mr. DIAZ- one that carries. It seems to me that or raise taxes from projected levels by more we need to realize that we are, were the than $1 trillion between now and 2002 to bal- BALART], and the other new members deliberative process, bringing this for- ance the budget. There is no doubt in my of the Rules Committee for the superb ward in a fair way, and I urge my col- mind that if we were voting on an amendment work they are doing, joining the force leagues to support this balanced ap- which also contained the actual measuresÐ of SOLOMON, QUILLEN, GOSS, and so proach to the balanced budget amend- the spending cuts and tax increasesÐwhich forth. ment. would balance the budget by 2002, there Let me say that on this issue of the Mr. MOAKLEY. Madam Speaker, I would be very few votes for it. balanced budget amendment, it is fas- yield 3 minutes to the gentleman from There is another reason we ought not to en- cinating to listen to the arguments Ohio [Mr. HALL]. shrine a balanced budget requirement in the that are being made in opposition to this rule by a number of my friends. I Mr. HALL of Ohio. Madam Speaker, I Constitution: A balanced budget is not always think it is important for us to take an too rise in opposition to this rule. My good economic policy. A requirement that historical perspective in looking at would force Congress to cut spending or raise colleagues on the other side of the aisle this issue. taxes in the middle of a recession could be claim that this rule is some sort of disastrous for our economy. We need flexibility b 1310 move toward openness. But let us look in Federal budget policy to counter the swings at what the rule actually does. I know my friend, the gentleman This is a closed rule. The Committee in the economy and the negative effects they from Florida [Mr. GOSS], raised a num- cause. Some of the alternatives before us on Rules received 44 requests for ber of these points. But it is worth not- amendments from Members of this would allow Congress to override a balanced ing that over the past 14 years, we have budget requirement by majority vote; but, if body, yet only 5 were made in order, in seen the balanced budget amendment addition to the committee substitute. that is the case, what is the purpose of such brought up to the House floor on four a constitutional amendment? Debate is choked off on many, many different occasions. Never once, never issues that directly affect the Amer- On the other hand, the alternative proposed once did the Committee on Rules re- ican people. People want to know what by Representative STENHOLM anticipates the port out a rule that provided the wide the programs are that will be cut under possible need for deficit spending by allowing range of options that are being pro- this amendment. Will they lose their expenditures to exceed revenues if three-fifths vided under this rule. Social Security, what is going to hap- of both Houses of Congress vote to approve The other thing, there was a fas- deficit spending. That provision, however, cinating argument made upstairs, and pen to Medicare, what about programs would enable a minority of MembersÐwhether my friend, the gentlewoman from Colo- like disaster relief, education benefits, or crime prevention? How much are we partisan, regional, ideological, or otherwiseÐto rado [Ms. SCHROEDER], raised great control the outcome of a decision on this mat- concern about this. The Committee on going to have to cut defense? ter, just as the Barton alternative, requiring a the Judiciary only had an 8-hour mark- I have part of one of the largest air three-fifths vote to raise taxes, would do on up on this measure when they met. In bases in the world in my district. What that question. previous Congresses, they did not allow is going to happen to that air base By giving minorities in both Chambers the 8 minutes of markup, much less 8 under this particular amendment? power to demand concessions in return for hours. So to argue that there was not We need to be fair and up front with their votesÐand the power to veto, in effect, an opportunity for wide ranging debate ourselves and with the American peo- legislation supported by a majority of Mem- in this markup is preposterous. ple. Therefore, I am going to vote bersÐthis provision would make it extraor- I think when we listen to the over- against the previous question, which dinarily difficult for Congress to govern. It whelming hue and cry that has come allows us to bring up a resolution would severely constrain Congress in its ability from across this country to balance the known as the truth-in-budgeting reso- to respond effectively, and in a way supported budget, we have the President who lution. This resolution simply requires by a majority of Americans, to the problems spoke here last night, and most of us us tell the American people what pro- facing our Nation. concluded that it was not the Presi- grams will be cut in order to achieve a Finally, we have little understanding of how dent’s finest hour. In fact, it was not balanced budget. a constitutional amendment requiring a bal- the President’s finest 2 hours here last I do not think that is too much to anced budget would be enforcedÐwhat would night. It seems to me that we need to ask. I am particularly concerned with happen if Congress failed to match revenues note that they are all calling for us to the effects of this balanced budget January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 611 amendment on some of our successful ashamed to leave this legacy to our ported from the Committee on Rules. antipoverty programs. According to children and grandchildren. Rather, they have been considered by the Children’s Defense Fund, a bal- Madam Speaker, let me say that I discharge petition or the Committee on anced budget amendment could result fully appreciate the seriousness of this Rules has simply reported a rule track- in approximately 7.6 million children legislation. And the rule which we have ing the provisions of a discharge peti- losing school lunches, 6.6 million chil- recommended is abundantly fair as it tion about to reach the floor, thereby dren losing Head Start opportunities, allows the House to consider six dif- limiting the terms of debate. and 231,000 blind and disabled children ferent versions of the balanced budget My Republican colleagues will re- losing basic income supports through amendment, four sponsored by Demo- spond by saying this rule provides for SSI. And the list goes on and on. crat Members, one by Republicans, and the most free and open debate ever There is no doubt that balancing the one bipartisan proposal. granted to a constitutional amendment budget requires tough cuts and very The fact that the House will soon to balance the budget. But I would like difficult choices. But that debate consider a balanced budget amendment to say that this rule does not really should take place in an open forum, just 3 weeks after opening day is proof provide for the free and open debate truthfully, and up front. positive that the new Republican ma- promised by Republican candidates for I offered a number of amendments to jority is serious about keeping its election to the 104th Congress. This the rule yesterday in the Committee on promises to the American people. I rule reported by the Republican major- Rules, allowing Members’ ideas to be congratulate Chairman SOLOMON and ity has limited the opportunities for brought to the floor and debated. Those the leadership for bringing this fair Members to express their views on how amendments had to do with Social Se- rule to the floor today. In terms of fair- to bring about fiscal restraint. The ness it is light years ahead of what curity, taxes, low-income programs, chairman notified the Members of the we’ve seen in Congresses past. I strong- civil and human rights and the dis- House that the committee might limit ly urge its adoption by the House. abled. They were defeated every time the consideration of amendments to Mr. MOAKLEY. Madam Speaker I by a partisan vote. those printed in the CONGRESSIONAL yield myself such time as I may Let us really show the public we can RECORD last Friday as well as to those consume. have an open and fair debate. Vote Madam Speaker, I would like to read amendments submitted in the form of against the previous question, and vote a statement: ‘‘With every closed rule, amendments in the nature of a sub- ‘‘no’’ on this closed rule. millions of voters are disenfranchised stitute. Yet the Republican rule con- Ms. PRYCE. Madam Speaker, I yield when their duly elected representatives tains a provision providing for the con- myself 2 minutes. are prevented from offering relevant sideration of a concurrent resolution Madam Speaker, today marks an- amendments to bills we consider.’’ which not one Democratic member of other historic day in the life of the These are the words stated by the the committee saw until yesterday, 104th Congress as the new Republican gentlewoman from Ohio [Ms. PRYCE] at just prior to our markup. majority continues working to fulfill a press conference held by the Rules The Republican majority on the its promises to the American people. task force on April 23, 1993. Committee on Rules recommended a On opening day, we adopted a sweeping Madam Speaker, I yield 3 minutes to rule that included consideration of five set of congressional reforms to make the gentleman from Texas [Mr. FROST]. substitutes to the joint resolution. The the House more open, efficient, and ac- Mr. FROST. Madam Speaker, for Republican majority on the Committee countable. Last week, we overwhelm- some time I have been a supporter of a on Rules rejected 23 amendments of- ingly approved a long-overdue measure balanced budget amendment to the fered to the rule by the Democratic to bring this institution into compli- U.S. Constitution. In the 16 years I members of the committee during our ance with the same laws it imposes on have served in this body, I have seen markup. Not one single amendment the rest of society. the public debt triple to well over $4 was agreed to during the markup by Last Thursday, as part of our plan to trillion and have watched as the Con- the Republicans. reduce the burden of Federal regula- gress has struggled to bring the Fed- A variety of reasons were offered. tions, we began debate on discouraging eral budget and the deficit under con- Time constraints prevented additional the practice of imposing costly, un- trol. Until recently, we in the Con- debate on further amendments. The funded, Federal mandates on States, gress, working with Presidents both rule makes in order four Democratic local governments, and the private sec- Republican and Democratic, have had alternatives as well as one bipartisan tor. And today, as we proudly begin de- only limited success in curbing the alternative. Debate in previous Con- bate on this historic rule, the House spriraling growth of Government gresses was far more restrictive. moves one step closer toward adopting spending. Thanks to the policies insti- Madam Speaker, I do not understand a constitutional balanced budget tuted in the last Congress, we are now the need to limit debate. amendment, the very cornerstone of witnessing a steady downward path of Mr. SOLOMON. Madam Speaker, will our contract’s plan to restore fiscal the deficit, but I remain convinced that the gentleman yield? sanity to the congressional budget stronger measures are called for if we Mr. FROST. I yield to the gentleman process. are to finally, once and for all, bring from New York. Madam Speaker, Congress can and the budget of this Nation into balance. Mr. SOLOMON. Madam Speaker, should balance the budget without And, for that reason, I will support pas- with all due respect, and the gentleman being forced to do so. But the fact re- sage of a constitutional amendment is one of the most respected Members mains, it hasn’t. And with a Federal when the House votes tomorrow. of this House, in the Congresses that he debt nearing $5 trillion and budget defi- However, Madam Speaker, in spite of has been here for 16 years, he has voted cits in 33 of the past 34 years, it is clear my record of support for just such a for every one of those restricted rules that Congress is unable to solve the constitutional amendment, I must rise that far more restrict Members on both Nation’s fiscal crisis entirely on its in opposition to this rule. My Repub- sides of the aisle. own. Some Members just don’t have lican colleagues made a number of Mr. FROST. Reclaiming my time, the stomach or the desire to make the points yesterday during our markup of Madam Speaker, I point out to the tough decisions. this rule saying that it provides for the chairman that his party ran on a plat- The time has finally come to give consideration of more options than form of open rules. I know that this constitutional expression to a policy have been considered in the past few gentleman is sincere. I know that this practiced by thousands of families and years. gentleman intends to have open rules. businesses across America every day: But for some reason we did not have an b learning to live within our means. 1320 open rule in this particular case. Without constitutional constraints to But I would like to clarify a point. In For that reason, I must oppose the deficit spending, future generations of the past the rules providing for consid- rule. Americans will be forced to bear the eration of balanced budget constitu- Mrs. WALDHOLTZ. Madam Speaker, costs of our excesses. We should be tional amendments have not been re- I yield 2 minutes to the gentleman H 612 CONGRESSIONAL RECORD — HOUSE January 25, 1995 from Miami, FL [Mr. DIAZ-BALART], a ican people are saying, OK, we gave the fiscal discipline it has repeatedly prov- member of the committee. Republican Party the authority. en it does not have. Mr. DIAZ-BALART. Madam Speaker, You are in charge. You want a bal- The rule that we have reported pro- as we debate this fair rule for consider- anced budget. You chair the commit- vides for the most inclusive, open, hon- ation of this very important constitu- tees. Bring out the balanced budget. est debate on a balanced budget amend- tional amendment, I ask the question: We know you cannot do that with a ment in the history of the Congress. Why is there a very serious financial $300 billion deficit, $5 trillion debt and Of critical importance, this rule will crisis in Mexico today that we are deal- $300 billion of interest payments. But allow us to reaffirm, through Concur- ing with precisely in this Congress be- in 10 years from now the Constitution rent Resolution No. 17, our commit- cause of its worrisome effects? Because is going to balance the budget with $7 ment to our seniors that we will not of lack of confidence by the inter- trillion of national debt, $500 billion in use Social Security to balance the national financial community on the interest on that payment, but the Con- budget. ability of Mexico to pay on debt that stitution is going to do it. b 1330 will shortly be coming due. Investors It is not the Constitution, Congress. will no longer buy bonds there due to It is the Tax Code. It is not the Con- Seniors will not pay the price for this uncertainty regarding whether they stitution, Congress. It is the trade Congress’ past mistakes. The will be paid, whether those bonds will laws. fearmongering by those less concerned be paid when they mature. In other The President did not mention the about the peace of mind of our seniors words, when they come due. $153 billion record trade deficit yester- than their own political agenda should Now, if our own debt continues to in- day and 20,000 jobs for every $1 billion end. crease indefinitely, even though, for in deficit, that is 3 plus million jobs at At the same time, Madam Speaker, example, even economists like Keynes, $30,000 a piece. this rule will allow us to protect our who believe in stimulation of the econ- Congress should be wise to remember children by ending Congress’ reprehen- omy through deficit spending occasion- history. There was a popular saying sible habit of spending away their fu- ally, he never, for example, supported during the depression by working peo- ture. Madam Speaker, it is long past permanent deficit spending. ple that said, Harding blew the whistle, time to pass a balanced budget amend- If our debt would continue to grow ment, and this rule will allow us to do Coolidge rang the bell, Hoover pulled indefinitely, $4 trillion, $5 trillion, $6 that. I urge my colleagues to join with the throttle, and all American jobs trillion, $7 trillion, theoretically, and me in keeping our word to the people went to hell. then there would one day be doubt as who sent us here, and to support this By the way, if Thomas Jefferson had to our creditworthiness, God forbid if rule and pass a balanced budget amend- a constitutional requirement to bal- that ever happened, who would bail us ment ance the budget, Thomas Jefferson out, Madam Speaker? Who would bail Mr. MOAKLEY. Madam Speaker, I would not have been able to consum- us out? The International Monetary yield 1 minute and 20 seconds to the mate the Louisiana Purchase. Fund? No, we pay more into the Inter- gentleman from Arkansas [Mr. THORN- It is the Tax Code and trade policies, national Monetary Fund than anybody TON]. Congress. We are killing jobs. We are else? Germany, Saudi Arabia? Who (Mr. THORNTON asked and was would bail the United States of Amer- penalizing achievement. We are re- given permission to revise and extend ica out, Madam Speaker? Is it accept- warding dependency, and we are insult- his remarks.) able to depend on other countries to ing the intelligence of the American Mr. THORNTON. Madam Speaker, I theoretically bail us out? No, it is not. people. thank the gentleman from Massachu- Let me say this: No Hail Mary pass We must stand on our own for our setts [Mr. MOAKLEY], the ranking mem- children and for their children and at the last minute to empower the Con- ber, for yielding time to me. their grandchildren, and we owe it to stitution to balance the budget is going Truth in budgeting is important. It is them to be able to stand on our own to solve our problems. It is jobs. You important to know what programs will and maintain due to fiscal responsibil- will find them in our Tax Code and our be cut and priorities will be protected. ity now and an end to fiscal irrespon- trade laws. And why do we not start Last night President Clinton told us sibility, the economic security into the dealing with it. of the heroic act of Jack Lucas and future that we require, that is why we Mrs. WALDHOLTZ. Madam Speaker, commended all veterans who are will- need to pass this rule and this con- I yield myself 2 minutes. ing to risk their lives for us, and he stitutional amendment. Madam Speaker, today we have an said, ‘‘We owed them a debt we could Mr. MOAKLEY. Madam Speaker, I opportunity to prove that we hear the never repay.’’ He then challenged us, as yield 3 minutes to the gentleman from people’s voice demanding real change we make cuts in Government spending, Ohio [Mr. TRAFICANT]. in this Congress and could keep our to remember our obligations to our (Mr. TRAFICANT asked and was commitment to them. As families sit children, parents, and others who have given permission to revise and extend down to plan their household budget, risked their lives by protecting edu- his remarks.) to pay the rent or the mortgage, to buy cation, Social Security, and Medicare, Mr. TRAFICANT. Madam Speaker, I back-to-school clothes for the kids, or and veterans’ benefits from those cuts. would like to put this debate in per- to repair the car, they want to know Madam Speaker, my proposed spective for the American people. The why Congress does not have to do what amendment would have accomplished Constitution empowers the Congress of they have to do, balance their budget. those goals. Last night, Madam Speak- the United States to balance the budg- Families make priorities. They give er, I was pleased that this suggestion et. But the Congress evidently cannot up some things they would like to do received a standing ovation from both do that or does not want to do that for things they need to do. And as Con- sides of the House, for these are truly anymore. So the Congress wants to em- gress moves to balance its budget, as nonpartisan goals. power the Constitution to balance the we must do, we are going to have to That is why I am so puzzled by the budget. make some difficult choices. Committee on Rules’ decision not to Now, Members would think by now But I have great faith in the Amer- allow a vote on this balanced budget Congress might have learned. It started ican people that not only do they ex- amendment, which has bipartisan sup- out with Gramm-Latta, then it went to pect us to make these decisions but port and would accomplish all of these Gramm-Kemp, then it went to Gramm- they will support us in making these goals. I find it truly amazing that even Rudman. Now it is going to be Gramm- decisions if we work with them and though our veterans put their lives on constitution in a 2-minute drill no less. talk with them and listen to them and the line in defense of our democracy, I say to the Congress, this is going to spend their money wisely on things we are not allowed today to even have turn into Gramm-bankrupt. Because they value most. a vote on whether to honor our com- Congress has to balance the budget. We need to pass a balanced budget mitment to those who have risked And let us look at the facts. The Amer- amendment to give this Congress the their lives for our democracy. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 613

Madam Speaker, I wanted to point House Joint Resolution 1, as well as five sub- ing with PETER VISCLOSKY to develop a revised out that truth in budgeting is impor- stitute amendments to that language. enforcement implementation plan. This spring tant. We need to know where the cuts I want to commend the Republican leader- I'll be working with Chairman KASICH amd will fall. ship for its prompt consideration of this critical Ranking Democrat SABO on the first install- The refusal to allow a vote to protect matter. As this body knows, it has taken her- ment of the 7-year glidepath to a balanced education, Social Security, Medicare, culean efforts on the part of many Members, budget. Teaming up with JANE HARMAN and and veterans’ benefits means that both Democrat and Republican, to bring this CHET EDWARDS, I will push for some of those those benefits are fair fame for the issue to the floor during the last three Con- budget process reforms that we believe will budget ax. We need an open rule so we gresses. In each case, we filed discharge peti- make a difference in the way business is done can have truth in budgeting. tions to the rules allowing for the consideration around here. Joining with DAVID MINGE, DAN Mrs. WALDHOLTZ. Madam Speaker, of these matters. In each case, we crafted MILLER, and other porkbusters I will seek to I yield 2 minutes to the gentleman rules which granted a fair and open debate on keep our appropriations bills clean and lean. from Lakewood, CO [Mr. SCHAEFER]. the major contending approaches to amending My wish is that even those who vote against (Mr. SCHAEFER asked and was given the Constitution for purposes of requiring a the constitutional amendmentÐin fact, espe- permission to revise and extend his re- balanced Federal budget. And in each case cially those who vote against a constitutional marks.) we, unfortunately, fell just short of the two- amendmentÐare ready to join me in saying, Mr. SCHAEFER. Madam Speaker, I thirds support necessary for passage. ``This is what I did this Congress, this year, thank the gentlewoman for yielding I am supporting this rule because I believe this day, to take the debt off of my children's time to me. it allows for debate on those relevant issues of shoulders.'' Madam Speaker, I rise in support of greatest concern to House Members. While I Again, Madam Speaker, I urge my col- House Resolution 44. Madam Speaker, I had suggested an alternative way to handle leagues to support this rule and, subsequently, want to commend the leadership and the rule which the committee did not adopt, I to support the balanced budget amendment. the Committee on Rules for putting to- believe that this rule is fair and I am pleased, Mr. SCHAEFER. Madam Speaker, I gether a rule that fulfills two items Chairman SOLOMON, to be able to support it urge support of the rule. that, I believe, are the cornerstone of today. Mr. MOAKLEY. Madam Speaker, I our party’s Contract With America. My great, great hope is that this year, at yield 1 minute to the gentleman from The first is an early vote on the bal- last, will be the final time to deliberate this California [Mr. BECERRA]. anced budget amendment, and for the issue. It is time for us to get the amendment (Mr. BECERRA asked and was given first time ever, we have not had to re- behind us so that all of this energy can be fo- permission to revise and extend his re- sort to end-running a reluctant leader- cused, instead, on the actual process of marks.) ship for trying to get a balanced budget achieving a balanced budget. Mr. BECERRA. Madam Speaker, I amendment on the floor. I think this All of the hours my staff and I, not to men- rise to oppose the rule proposed for rule does that. tion so many others, have been required to House Joint Resolution 1, the balanced It is the first item of business that put into this issue notwithstanding, I know that budget amendment. I support bal- brings up the contract version of the our forbears showed remarkable wisdom and ancing the Federal budget, but I be- BBA sponsored by my good friend, the foresight when they made it so difficult for us lieve, as an elected Representative of gentleman from Texas [Mr. BARTON]. I to amend the Constitution. This is no minor the people, that I owe them the respon- strongly urge every one of my col- task we will be undertaking for the next 2 sibility and respect to tell them how I leagues to support the three-fifths tax days. will do so. This balanced budget limitation version of the amendment. When we Representatives take our oath of amendment does not do that. The rule also fulfills another corner- office, we swear to uphold the Constitution of The Republican leadership, as the stone of the contract, and that is of the United States. That oath must not be new majority, made a commitment to open and fair rules. This carefully taken lightly. This is no place for games-play- procedural rules for open debate and crafted rule ensures that we let the ing. It is no place for seeking political advan- fairness. But sadly, the rule before us American people know who does and tage. It is no place for irresponsible, short- now is closed. Closed. does not support tax limitation, while sighted self-interest. I have an amendment that I would at the same time maximizing the like- I hope that the remarks which fill the debate like to offer. It provides for rainy day lihood that this body will send a bal- of the next 2 days, regardless of whether the funds for purposes of emergencies, nat- anced budget amendment to the States speaker be favorably or negatively inclined to- ural disasters. But I cannot offer it on for ratification. ward the amendments, reflect the seriousness the floor of this House today, even Mr. STENHOLM. Madam Speaker, of our endeavor. though I think it is a very worthy will the gentleman yield? Because when these 2 days are over, re- amendment, especially for folks in Mr. SCHAEFER, I yield to my good gardless of the final outcome of these votes, California, where I am from, where we friend and colleague, the gentleman we will find ourselves still facing the cancer of are suffering tremendously. We cannot from Texas [Mr. STENHOLM], who has debt which is destroying the fiscal flesh and do that. That is a closed rule. worked long and hard on this issue. bones of our country. Regardless of whether Madam Speaker, we have to admit (Mr. STENHOLM asked and was you vote yea or nay on House Joint Resolu- that we really have entered the world given permission to revise and extend tion 1 or on any of the amendments, each in- of Alice in Wonderland when Demo- his remarks.) dividual Member must be willing to say, ``This crats end up fighting harder than Re- Mr. STENHOLM. Madam Speaker, I is what I did today to make our country a bet- publicans to keep Republican promises. rise in support of the rule today. While ter place.'' It is time, Madam Speaker, that we I had offered a suggestion for a little I appeal to both sides, let us deliberate this try to do the people’s work and give different kind of a rule, I believe on issue straightforwardly and honestly. Espe- the people their day in court. It is a close analysis this is a fair rule for pur- cially to the freshmen Members I would say, slap in the face to our constituents poses of debating the relevant issues please evaluate this issue on its merits, not on when we cannot even come up here and that will come before us today. its internal or external politics. There is no to propose amendments that are valu- Madam Speaker, I would say, as one such thing as an easy vote on a constitutional able and will affect the Nation’s course of the coauthors of the Schaefer-Sten- amendment. of history, because we are talking holm amendment, to those who are I come here prepared to work hard these about an amendment to the Constitu- concerned about Social Security bene- next 2 days and my hope is that the hard work tion. fits, education, and all of the other ex- will pay off with 290 votes on final passage. Madam Speaker, I urge everyone to tremely important endeavors, there is But as I said last year at the beginning of this vote against this rule. nothing in our substitute that has any- debate, come Friday I'll have the same Mr. SOLOMON. Madam Speaker, I thing to do with a negative effect on gameplan whether the BBA wins or loses and yield 11⁄2 minutes to the gentleman any of those issues. That will be whether the tax limit wins or loses. Regardless from Georgia [Mr. LINDER], a member brought out in general debate. of how many votes there are, I'll be working of the Committee on Rules. Madam Speaker, I rise in support of House hard for the rest of the year to chip away at Mr. LINDER. Madam Speaker, this is Resolution 44 allowing for the consideration of our monstrous deficit. Next week I'll be work- an extraordinary day for those of us H 614 CONGRESSIONAL RECORD — HOUSE January 25, 1995 who have held dear to the Reagan-Bush Oppose the rule. Vote against the has 3 minutes remaining, and the gen- axiom that the Federal Government is rule. Allow us to bring all of the ideas tleman from Massachusetts [Mr. MOAK- too big and it spends too much. For too about changing this document. LEY] has 4 minutes remaining. long Government has been incapable of Mr. SOLOMON. Madam Speaker, Mr. SOLOMON. I would just say to managing its finances in a responsible yielding myself 30 seconds, I would the gentleman from Massachusetts manner, and the passage of a balanced point out to the gentleman from Utah [Mr. MOAKLEY] that we will be closing budget amendment is an important that Thomas Jefferson was not at the on this debate. first step in assuring that this Nation Constitutional Convention; he was the Mr. MOAKLEY. Madam Speaker, I is fiscally sound as we move into the Ambassador to France at the time. The yield 4 minutes to the minority leader, 21st century. gentleman from Utah last year voted the gentleman from Missouri [Mr. GEP- Madam Speaker, I also strongly sup- for the very closed restrictive rule. HARDT]. port the rule, which will allow consid- Now he is complaining about it. Mr. SOLOMON. Madam Speaker, may eration of a constitutional amendment Mr. Speaker, I yield 2 minutes to the I inquire, is the gentleman yielding his to balance the budget. Many duplicate very distinguished gentleman from remaining time to the minority leader? amendments were offered to the Com- Colorado [Mr. ALLARD]. The SPEAKER pro tempore. Yes. The mittee on Rules, but I am pleased that Mr. ALLARD. I thank the gentleman gentleman from Massachusetts had 4 six distinct constitutional amendments for yielding. minutes remaining and has yielded 4 will be considered on the House floor in Mr. Speaker, I would like to recog- minutes to the gentleman from Mis- the coming days. nize the gentleman’s leadership for the souri. Madam Speaker, it is important to fight in the balanced budget amend- (Mr. GEPHARDT asked and was note that in the past the House refused ment. He has been a very dedicated sol- given permission to revise and extend even to hold a markup on this bill. I dier in this regard. his remarks.) believe that the Committee on Rules Madam Speaker, I rise in support of Mr. GEPHARDT. Madam Speaker, I has been extraordinarily fair and pru- the rule. The deficit this year is fore- urge my colleagues to defeat this gag dent in approving twice as many mi- cast to be $176 billion. This is actually rule so that we can shred the veil of se- nority amendments as majority down from several years of deficits well crecy that shrouds this amendment amendments in this debate. in excess of $200 billion. and tell the American people what is The balanced budget amendment The accumulated national debt is really at stake in this debate. with the three-fifths tax limitation now $4.7 trillion. This includes both My colleagues, when we talk about provision will force Congress to curb debt held by the public and debt owed tacking amendments on to the Con- its spending, and will go a long way to- to the trust funds. If we do nothing, the stitution of the United States, we are ward eliminating Government waste deficit situation will grow far worse. talking about the most sacred respon- and Government abuse of taxpayer dol- Current CBO projections show the an- sibility we have as legislators: To en- lars. nual deficits increasing to over $300 bil- sure that the document that has Mr. MOAKLEY. Madam Speaker, I lion a year after the turn of the cen- steered our ship of state for more than yield 1 minute to the gentleman from tury. two centuries advances the goals we Utah [Mr. ORTON]. Madam Speaker, I strongly support share as a nation, openness, fairness, (Mr. ORTON asked and was given the balanced budget tax limitation opportunity for all. That is why I think permission to revise and extend his re- amendment included in the Contract it is crucial that a balanced budget marks.) With America, the Barton language. If amendment, an amendment that would Mr. ORTON. Madam Speaker, I rise that version fails to garner 290 votes, I touch on every aspect of the lives of in strong opposition to this closed rule. will support the alternative language our constituents, is considered in an In this and the last two Congresses, I offered by my good friend from Colo- open, fair, and honest manner. have filed a balanced budget amend- rado, DAN SCHAEFER. I would urge and urged yesterday an ment which is not a dilatory amend- The current amendments before this open rule for this debate, one that al- ment. It is a substantial amendment House are directed at ending annual lows every amendment that has been which the Committee on Rules refuses deficits. This is great. It means that in presented to be considered by the to allow to be brought here to the floor 2002 we will at least have stopped add- House, every argument that has been and voted upon. ing to the accumulated debt. But by presented to be heard, and every ave- Madam Speaker, it is a unique con- then, we will still have an accumulated nue for having a constitutional amend- cept. It is the only amendment which national debt of over $6 trillion, and ment to be understood. requires actual receipts and outlays to our children will have to pay interest How else will the American people be balanced, the only amendment with on this accumulated debt for every know that we looked before we leapt? an actual enforcement mechanism. year in the future. That interest will You see, for Democrats, the question is When presented to the Committee on force Federal taxes to be higher than not whether we balance the budget, the Rules, the chairman said ‘‘We have 46 they should be. question is how we balance the budget, amendments. We can’t possibly take Under current CBO forecasts, Federal and who is affected and how they are them all to the floor.’’ Why not? Why spending will grow an average of 5.3 affected. not? Is it because there are other issues percent a year. In order to achieve a When we ask our friends on the other in the contract to discuss? balanced budget, we must hold that side of the aisle what gets cut, whose This is the Contract With America, rate of growth at 2 percent, and we can belt will be tightened, to borrow the the Constitution of the United States. still pay for the tax cuts. This means words of my good friend the Republican Only 16 times in the last 200 years have that instead of spending $2.5 trillion leader, ‘‘Their knees buckle.’’ we amended this Constitution. There is more than if we froze spending, we can So we say we are not signing this nothing more important. spend $1 trillion more. It is clear to me contract until we can read the fine Suppose that Thomas Jefferson had that we can and must do this for our print. That is why I asked for a vote taken, then, the floor of the Constitu- children. during this consideration of the bal- tional Convention and said ‘‘We don’t Last November the American people anced budget amendment on a statute have time to listen to all of you. We sent a clear message to Congress. They that I call the honest budget bill that are going to take 5 ideas, debate them, want us to pass the toughest balanced would force the Congress to say in a and then vote.’’ budget amendment that we can. This is budget resolution exactly how we want how I will cast my vote. to balance the budget before the b 1340 Mr. SOLOMON. Madam Speaker, amendment is sent out to the States. We would have never have had the might I inquire as to the time remain- But this rule refuses to allow us to con- opportunity to hear of the great com- ing on both sides of the aisle? sider that legislation. promise which created the House and The SPEAKER pro tempore (Mrs. So my question is, is there a hidden Senate. We would have never had this JOHNSON of Connecticut). The gen- agenda here? Is there somewhere in Constitution. tleman from New York [Mr. SOLOMON] here a veiled attack on Social Security January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 615 or Medicare which some of our friends Let me just say this, Madam Speak- all rollcall votes on amendments in on the other side have threatened in er, the Democrat minority leader is committee. the past? Our States have a right to using the faulty argument that we Madam Speaker, the point of order know. And our people, most impor- should not require a balanced budget that lies against the Committee on the tantly, have a right to understand how until Congress adopts a detailed plan Judiciary report is the very same point this budget will be balanced. for balancing that budget. of order that applied to the unfunded I know the Republican majority is Using that kind of logic, if today’s mandates bill. trying to move fast on the contract. I House Democrats had been in charge at The Committee on Rules majority think it is because the contract is los- the time of Pearl Harbor, we would also failed to waive the point of order ing ground with every passing opinion still be debating today over a detailed on the unfunded mandates bill. poll. The reality is the more that the plan for winning the war in the Pacific, On January 19 the gentleman from people know about the contract, the before we could vote on a declaration Pennsylvania [Mr. KANJORSKI] made a less they like it, and I sympathize. of war. parliamentary inquiry to establish for But is this not what democracy is all That is what this is, the same anal- the RECORD that the point of order ap- about? Giving people the information ogy, the deficit is the war we are fight- plied, but he did not press in that point that they deserve to make informed, ing today. We are not going to be of order. educated, choices about their own forced to deal with it until we recog- The minority does not wish to ob- lives? Even if it means sometimes our nize we are under attack, declare war struct, but it is our responsibility to contracts, our ideas, our proposals, are on it, and then set about mobilizing call the majority as it tries to cir- rejected and we have to go back to the and planning to win that war. cumvent the very rules we adopted on drawing board. Having said that, Madam Speaker, opening day. I urge Members, vote for the previous before I close and move the previous If the new majority believes it is im- question, defeat this gag rule. If this question, let me explain that since we portant to require an accurate tally of amendment is not good enough to reported the rule yesterday, it has been each rollcall vote on amendments in withstand the bright light of truth, called to our attention that there is a committee, they should do it. At a then, my friends, it is not good enough discrepancy in the Committee on the minimum they should include a waiver for the American people. Judiciary report between the total in the rule when they do not live up to Mr. MOAKLEY. Madam Speaker, will votes cast for and against amendment their own requirements. the gentleman yield? No. 6 on the actual number of the To depend on our good graces not to Mr. GEPHARDT. I yield to the gen- Members listed by name as voting for press points of order week after week tleman from Massachusetts. and against the amendment. I appre- just cannot be acceptable. Mr. MOAKLEY. I think the minority ciate the minority calling this to our I thank the gentleman from New leader misspoke. We want to vote attention so we can correct this mis- York for yielding me the time. against the previous question. take by way of an amendment to this Madam Speaker, I yield 1 minute to Mr. GEPHARDT. Vote no on the pre- rule. the gentleman from Pennsylvania [Mr. vious question. The gentleman knew We hope we can work cooperatively FOGLIETTA]. what I meant. in insuring that our new accountabil- Mr. FOGLIETTA. Madam Speaker, I Madam Speaker, let me end with this ity rules will work for the good of the rise in opposition to the rule. This re- last point. This is perhaps the most im- House and for the public. strictive rule did not allow many im- portant legislation we will consider in AMENDMENT OFFERED BY MR. SOLOMON portant and substantive substitutes. our whole time in the Congress. There Mr. SOLOMON. Madam Speaker, I One of the substitutes offered and not is not a more important, far-reaching offer an amendment. allowed was one that I offered. bill or bills than this set of proposals. The Clerk read as follows: My substitute mirrored other bal- I urge Members to allow the fullest Amendment offered by Mr. SOLOMON: On anced budget substitutes requiring the possible debate. This bill will affect our page 2, at line 19, insert after ‘‘clause Federal Government to achieve a bal- people’s lives more than anything we (2)(g)(3)’’ the following: ‘‘or clause 2(l)(2)(B)’’. anced budget. It would have required a will vote on in the time we are in the Mr. SOLOMON. Madam Speaker, out three-fifths majority to raise taxes. House of Representatives. of courtesy to the minority, I ask However, it contained one important Vote no on the previous question, unanimous consent for 10 additional difference. It would also have required vote against the gag rule. Let all of the minutes for this rule, and that I be per- a three-fifths majority to cut spending alternatives be debated in a completely mitted to yield 5 minutes of that time for programs supporting the safety net open rule. to the gentleman from Massachusetts for the poor. Mr. SOLOMON. Madam Speaker, I [Mr. MOAKLEY] for the purposes of con- Specifically, it would have protected yield myself the balance of my time. trolling that time. these programs respecting subsistence, The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. Is there health, education, and employment. It tleman is recognized for 3 minutes. objection to the request of the gen- is my belief that these programs which Mr. SOLOMON. Madam Speaker, I tleman from New York? comprise the safety net for America’s would just say the distinguished mi- There was no objection. most vulnerable citizens deserve pro- nority leader is absolutely right, this is The SPEAKER pro tempore. The gen- tection. probably going to be the most impor- tleman from New York [Mr. SOLOMON] Programs likely to be slashed include tant vote we will cast in our career in will be recognized for 5 minutes and LIHEAP, Head Start, mass transit, and this Congress. The balanced budget the gentleman from Massachusetts the list could go on and on. Too often amendment is going to do what the [Mr. MOAKLEY] will be recognized for 5 poor families and their children are the American people want us to do for a minutes. least heard in Washington. They de- change. The Chair recognizes the gentleman serve to be heard and they deserve to I would just have to take exception from New York [Mr. SOLOMON]. be heard on my substitute. with the minority leader calling this a Mr. SOLOMON. Madam Speaker, I I urge my colleagues to defeat this gag rule. He has been here longer than have already explained the amend- rule. I have, but for the last 4 successive, ment, and I reserve the balance of my Mr. MOAKLEY. Madam Speaker, I preceding Congresses, he has voted per- time. yield 2 minutes to the gentleman from sonally, as has everyone on his side of Mr. MOAKLEY. Madam Speaker, I Michigan [Mr. BONIOR], the minority the aisle, for a much more restrictive yield myself such time as I may whip. gag rule than this one will ever be. consume. Mr. BONIOR. Madam Speaker, I Madam Speaker, the proposed thank my friend from Massachusetts b 1350 amendment to this rule waives clause for yielding me the time. This is a fair rule in which we took 2(l)(2). This clause reflects changes Madam Speaker, I want to point out into consultation the minority leader made on opening today to require that to my friends and colleagues here this and other Members of his party. committee reports accurately reflect afternoon, we started off this session H 616 CONGRESSIONAL RECORD — HOUSE January 25, 1995 with the first two rules being closed, grams could be cut while balancing the budg- should not take either lightly; I cannot think of and then we adopted a package of rule et? Many hard-working Americans rely on pro- a matter which is more deserving of our most reforms, some of which we agreed with, grams such as Medicare and Social Security thoughtful and careful deliberation. some of which we did not. to give them economic security and a safety The Subcommittee on the Constitution gave Our point here today is to make it net in times of trouble. this amendment less than 7 hours of time in clear to you that we intend to make Madam Speaker, we should defeat this rule actual debate and markup. We spent less than you live by the rules and the reforms and allow for one that would bring about care- 6 hours, if you exclude the time the majority that we instituted on that first day of ful consideration of the impact of this amend- spent with amendments perfecting their own session. ment and help protect programs important to version of the bill. This is astoundingÐI have We had one other chance to do what the public from deep budget cuts. We need a spent more time making my children's Hal- we are raising this afternoon and that rule that reduces the rhetoric and increases loween costumes than I was allowed to spend is to raise a point of order on the rule honesty in cutting the budget. That's what the in committee debating an amendment to our as it came out of the committee on the public wants to see. fundamental document of governance. The unfunded mandates bill. We did not do Mr. MOAKLEY. Madam Speaker, I Constitution of the United States deserves bet- that because we knew it would delay, just will say, when the gentleman ter from all of us. and we could not go on with the busi- makes the motion on the previous When debate in subcommittee was arbitrar- ness of the House, and we let it go. The question I hope that the Members will ily cut off, without any advance notice that issue was basically the same as it is vote no on it, so we can get an open there would be a limit to debate, significant is- today, that the report language coming rule that the gentleman from New sues had yet to be debated by the committee, out of the Committee on Rules was not York will be proud of. If he thinks this including: complete, in fact it was inaccurate. is the most open rule, we are going to The effects of the amendment during times So, I just want to make it very clear give him a most, most, most open rule. of recession, and whether the amendment this afternoon that we are determined Mr. SOLOMON. Madam Speaker, I would result in pro-cyclical, rather than to speak up and to protect the rule re- yield myself such time as I might counter-cyclical, spending; forms that were instituted in this consume. The role of the courts in interpreting and en- House and to prevent our Members But let me just say to my good forcing the amendment, including questions of from being gagged, from discussing friend, this may not be a completely standing; and these important issues as they come open rule, but it is the most fair rule What changes the amendment would bring before this body. We are not going to that ever came to this floor for a bal- about in terms of Presidential authority. tolerate further points of order re- anced budget amendment. Further, the debate the committee did en- quests without proper consultation and Let me just say the minority whip gage in left very significant questions unan- consideration for the needs of the peo- had mentioned that the report coming swered. We ended the committee process ple on our side of the aisle. out of the Committee on Rules was in without clear answers to questions of basic Mr. MOAKLEY. Madam Speaker, how error. It was not a report from the definition and implementation, including what much time do we have remaining? Committee on Rules. We do not make is a tax revenue, and what isn't, and what is The SPEAKER pro tempore (Mrs. errors. It was out of another commit- an outlay. JOHNSON of Connecticut). The gen- tee. Second, I would just point out that The most fundamental question that re- tleman from Massachusetts [Mr. MOAK- what this is all about is that there was mains unanswered is one that every American LEY] has 30 remaining seconds. a miscalculation on counting the yeas is entitled to have answered, because every Mr. MOAKLEY. Madam Speaker, I and nays on a recorded vote in the poll on this issue shows that it determines yield 30 seconds to the gentleman from Committee on the Judiciary. This sim- whether or not Americans support this amend- New Mexico [Mr. RICHARDSON], our Am- ply is to take care of that little mis- ment, and that is what cuts will be made to bassador to Korea. calculation. balance the budget. Polls show that Ameri- Mr. RICHARDSON. Madam Speaker, Second, we want to abide by these cans support this amendment if it means cuts I thank the gentleman for yielding me rules. You know, we have one which in defense, but not if it means cuts in Social the time. now requires committee reports com- Security or Federal support for education. Madam Speaker, I wish to add my ing out of the committees to simply What are we saying to the American people? voice to the opposition to this rule for record the yeas and nays of the individ- ``Trust us; we'll tell you about the cuts later?'' two reasons that have been stated very ual members and how they voted. That That is paternalism, not democracy. And we eloquently. First, the rule does not is part of Speaker GINGRICH’s orders to Members of Congress cannot know what protect programs important to the this House to be open and fair and ac- those cuts might be, because our knees will public, from severe cuts; and, second, I countable and let the American people, buckle. Instead, we hear only that they will be think that truth-in-budgeting provi- and I will use the word again, ‘‘be ac- draconian if Social Security is off the table, as sion is critically important to have. countable.’’ Let the American people everyone says it will be. Mr. Speaker, it is in- Madam Speaker, I rise in opposition of the know how we vote here on the floor of defensible to ask the Members of this House rule for two reasons: Although I support a bal- this House and in committees. to vote on a matter before we have the de- anced budget, this rule does not protect pro- There were a great many proposals tails. grams like Social Security and Medicare, im- developed by the gentleman from Cali- We need full and open debate, and must portant to the public from severe cuts. Sec- fornia [Mr. DREIER] and the committee guarantee that Americans will have the details ond, this rule precludes the truth-in-budgeting that I served on concerning the reform on how the budget will be balanced before the pensionÐwe need to explain what programs of Congress that went on to, as you constitutional amendment goes to the States we are cutting and be honest about what a know, to shrink the size of this Con- for ratification. balanced budget means. gress itself by a third, cutting off 700 Our duty to the Constitution is paramount. It Madam Speaker, when we are facing a pos- jobs and shrinking it, shrinking this is essential that the floor debate provide us sible total of $1.2 trillion in cuts from this Congress, setting the example of what with what the highly abbreviated committee amendment over the next 7 years, an open we are going to do to the Federal Gov- process did not: a thorough examination of rule to fully examine the impact of those cuts ernment in shrinking Government and what this amendment would mean to the and to protect important programs is certainly returning it to the private sector. American people in terms of the budget cuts in order. Many of the substitutes denied by the There were a whole slew of these. I it would bring about. I urge my colleagues to Rules Committee would have helped protect will not get into all of those now. I do vote against this rule. Social Security and other programs important appreciate the consideration of the Mr. SOLOMON. Madam Speaker, I to health and education. Apparently, the Rules gentleman. yield back the balance of my time, and Committee would like to continue the illusion Mrs. SCHROEDER. Mr. Speaker, it is par- I move the previous question on the that passing a balanced budget amendment ticularly important that we have full and open amendment and on the resolution. will mean no pain for any parts of our popu- debate on the balanced budget amendment The SPEAKER pro tempore (Mrs. lation in actually getting to a balanced budget. on the floor of the House, because we most JOHNSON of Connecticut). The question Madam Speaker, what is wrong with level- assuredly did not have full debate in commit- is on ordering the previous question on ing with the American people about what pro- tee. Amending the Constitution is a step we the amendment and on the resolution. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 617 The question was taken; and the Crapo Hunter Quinn Mascara Payne (NJ) Stenholm Cremeans Hutchinson Radanovich Matsui Payne (VA) Stokes Speaker pro tempore announced that Cunningham Hyde Ramstad McCarthy Pelosi Studds the ayes appeared to have it. Davis Inglis Regula McDermott Peterson (FL) Stupak Riggs McHale Peterson (MN) Tanner PARLIAMENTARY INQUIRY Deal Istook DeLay Johnson (CT) Roberts McKinney Pickett Tejeda Mr. MOAKLEY. Madam Speaker, I Diaz-Balart Johnson, Sam Rogers McNulty Pomeroy Thompson have a parliamentary inquiry. Dickey Jones Rohrabacher Meehan Poshard Thornton The SPEAKER pro tempore. The gen- Doolittle Kasich Ros-Lehtinen Meek Rahall Thurman Dornan Kelly Roth Menendez Rangel Torres tleman will state his parliamentary in- Dreier Kim Roukema Mfume Reed Torricelli quiry. Duncan King Royce Miller (CA) Reynolds Towns Mr. MOAKLEY. How does the gen- Dunn Kingston Salmon Mineta Richardson Traficant tleman go about getting a vote on the Ehlers Klug Sanford Minge Rivers Tucker Ehrlich Knollenberg Saxton Mink Roemer Velazquez previous question, a separate vote on Emerson Kolbe Scarborough Moakley Rose Vento the previous question? English LaHood Schaefer Mollohan Roybal-Allard Visclosky The SPEAKER pro tempore. The mo- Ensign Largent Schiff Montgomery Rush Volkmer Everett Latham Seastrand Moran Sabo Ward tion is not divisible. Ewing LaTourette Sensenbrenner Murtha Sanders Waters Mr. MOAKLEY. I am sorry, on the Fawell Lazio Shadegg Nadler Sawyer Watt (NC) amendment to the rule. Fields (TX) Leach Shaw Neal Schroeder Waxman The SPEAKER pro tempore. The Flanagan Lewis (CA) Shays Oberstar Schumer Williams Foley Lewis (KY) Shuster Obey Scott Wilson Chair is putting the previous question Forbes Lightfoot Skeen Olver Serrano Wise by voice vote. Those in favor will say Fowler Linder Smith (NJ) Ortiz Sisisky Woolsey ‘‘aye,’’ those opposed will say ‘‘no.’’ Fox Livingston Smith (TX) Orton Skaggs Wyden Franks (CT) LoBiondo Smith (WA) Owens Skelton Wynn In the opinion of the Chair, the ayes Franks (NJ) Longley Solomon Pallone Slaughter Yates have it. Frelinghuysen Lucas Souder Parker Spratt Mr. MOAKLEY. I have a further par- Frisa Manzullo Spence Pastor Stark liamentary inquiry. Funderburk Martini Stearns Gallegly McCollum Stockman NOT VOTING—5 The SPEAKER pro tempore. The pre- Ganske McCrery Stump Bishop Fields (LA) Smith (MI) vious question is ordered. Gekas McDade Talent Cubin Gibbons Mr. SOLOMON. Are we now putting Gilchrest McHugh Tate Gillmor McInnis Tauzin b 1420 the question on the amendment to the Gilman McIntosh Taylor (MS) resolution and not on the resolution it- Goodlatte McKeon Taylor (NC) Mr. WILSON changed his vote from self or on the previous question? Goodling Metcalf Thomas ‘‘yea’’ to ‘‘nay.’’ Mr. MOAKLEY. I object. I am sorry. Goss Meyers Thornberry So the previous question was ordered. Graham Mica Tiahrt The SPEAKER pro tempore. The pre- Greenwood Miller (FL) Torkildsen The result of the vote was announced vious question has just been ordered by Gunderson Molinari Upton as above recorded. voice, and the gentleman from Massa- Gutknecht Moorhead Vucanovich The SPEAKER pro tempore. (Mrs. Waldholtz Hall (TX) Morella JOHNSON of Connecticut). Accordingly, chusetts is on his feet. Hancock Myers Walker Mr. MOAKLEY. I object to the vote, Hansen Myrick Walsh the previous question is ordered on the Madam Speaker, on the ground that a Hastert Nethercutt Wamp amendment to the resolution and on quorum is not present and make the Hastings (WA) Neumann Watts (OK) the resolution. Hayes Ney Weldon (FL) point of order that a quorum is not Hayworth Norwood Weldon (PA) The question is on the amendment present. Hefley Nussle Weller offered by the gentleman from New The SPEAKER pro tempore. The gen- Heineman Oxley White York [Mr. SOLOMON] to the resolution, Herger Packard Whitfield House Resolution 44. tleman from Massachusetts objects to Hilleary Paxon Wicker the vote on the ground that a quorum Hobson Petri Wolf The question was taken; and the is not present, makes a point of order Hoekstra Pombo Young (AK) Speaker pro tempore announced that that a quorum is not present. A Hoke Porter Young (FL) the ayes appeared to have it. Horn Portman Zeliff quorum is not present, and under the Hostettler Pryce Zimmer RECORDED VOTE rule, the yeas and nays are ordered. Houghton Quillen Mr. MOAKLEY. Madam Speaker, I Pursuant to clause 5(b)(1) of rule XV, demand a recorded vote. the Chair may reduce to a minimum of NAYS—196 A recorded vote was ordered. 5 minutes the time for any electronic Abercrombie de la Garza Harman The SPEAKER pro tempore. As an- Ackerman DeFazio Hastings (FL) vote, if ordered, on the amendment to Baesler DeLauro Hefner nounced earlier, this is a 5-minute the resolution and on the resolution. Baldacci Dellums Hilliard vote, and the Chair may reduce to a Those in favor of the question will vote Barcia Deutsch Hinchey minimum of 5 minutes the time for aye, those opposed will vote nay. Barrett (WI) Dicks Holden Becerra Dingell Hoyer electronic voting if the next vote is Members will record their votes by Beilenson Dixon Jackson-Lee called for. electronic device on the question of or- Bentsen Doggett Jacobs The vote was taken by electronic de- dering the previous question on the Berman Dooley Jefferson vice, and there were—ayes 253, noes 176, Bevill Doyle Johnson (SD) amendment and the resolution. Bonior Durbin Johnson, E. B. not voting 5, as follows: The vote was taken by electronic de- Borski Edwards Johnston [Roll No. 38] Boucher Engel Kanjorski vice, and there were—yeas 233, nays AYES—253 196, not voting 5, as follows: Brewster Eshoo Kaptur Browder Evans Kennedy (MA) Allard Boehner Chrysler [Roll No. 37] Brown (CA) Farr Kennedy (RI) Andrews Bonilla Clement Brown (FL) Fattah Kennelly Archer Bono Clinger YEAS—233 Brown (OH) Fazio Kildee Armey Browder Coble Allard Bilirakis Camp Bryant (TX) Filner Kleczka Bachus Brownback Coburn Andrews Bliley Canady Cardin Flake Klink Baker (CA) Bryant (TN) Collins (GA) Archer Blute Castle Chapman Foglietta LaFalce Baker (LA) Bunn Combest Armey Boehlert Chabot Clay Ford Lantos Ballenger Bunning Condit Bachus Boehner Chambliss Clayton Frank (MA) Laughlin Barr Burr Cooley Baker (CA) Bonilla Chenoweth Clement Frost Levin Barrett (NE) Burton Cox Baker (LA) Bono Christensen Clyburn Furse Lewis (GA) Bartlett Buyer Crane Ballenger Brownback Chrysler Coleman Gejdenson Lincoln Barton Callahan Crapo Barr Bryant (TN) Clinger Collins (IL) Gephardt Lipinski Bass Calvert Cremeans Barrett (NE) Bunn Coble Collins (MI) Geren Lofgren Bateman Camp Cunningham Bartlett Bunning Coburn Condit Gonzalez Lowey Bereuter Canady Davis Barton Burr Collins (GA) Conyers Gordon Luther Bilbray Castle Deal Bass Burton Combest Costello Green Maloney Bilirakis Chabot DeLay Bateman Buyer Cooley Coyne Gutierrez Manton Bliley Chambliss Diaz-Balart Bereuter Callahan Cox Cramer Hall (OH) Markey Blute Chenoweth Dickey Bilbray Calvert Crane Danner Hamilton Martinez Boehlert Christensen Doolittle H 618 CONGRESSIONAL RECORD — HOUSE January 25, 1995 Dornan Kim Riggs Markey Pastor Stokes Hayes McHugh Seastrand Dreier King Roberts Martinez Payne (NJ) Studds Hayworth McInnis Sensenbrenner Duncan Kingston Rogers Mascara Pelosi Stupak Hefley McIntosh Shadegg Dunn Klug Rohrabacher Matsui Peterson (FL) Tejeda Heineman McKeon Shaw Ehlers Knollenberg Ros-Lehtinen McCarthy Pickett Thompson Herger Meehan Shays Ehrlich Kolbe Roth McDermott Pomeroy Thornton Hilleary Metcalf Shuster Emerson LaHood Roukema McHale Poshard Torres Hobson Meyers Sisisky English Largent Royce McKinney Rahall Torricelli Hoekstra Mica Skeen Ensign Latham Salmon McNulty Rangel Towns Hoke Miller (FL) Smith (MI) Everett LaTourette Sanford Meek Reed Traficant Horn Minge Smith (NJ) Ewing Laughlin Saxton Menendez Reynolds Tucker Hostettler Molinari Smith (TX) Fawell Lazio Scarborough Mfume Richardson Velazquez Houghton Montgomery Smith (WA) Fields (TX) Leach Schaefer Miller (CA) Rivers Vento Hunter Moorhead Solomon Flanagan Lewis (CA) Schiff Mineta Roemer Visclosky Hutchinson Morella Souder Foley Lewis (KY) Seastrand Mink Roybal-Allard Volkmer Hyde Myers Spence Forbes Lightfoot Sensenbrenner Moakley Rush Ward Inglis Myrick Stearns Fowler Lincoln Shadegg Mollohan Sabo Waters Istook Nethercutt Stenholm Fox Linder Shaw Moran Sanders Watt (NC) Jacobs Neumann Stockman Franks (CT) Livingston Shays Nadler Sawyer Waxman Johnson (CT) Ney Stump Franks (NJ) LoBiondo Shuster Neal Schroeder Williams Johnson, Sam Nussle Talent Frelinghuysen Longley Sisisky Oberstar Schumer Wilson Jones Oxley Tanner Frisa Lucas Skeen Obey Scott Wise Kasich Packard Tate Funderburk Manzullo Skelton Olver Serrano Woolsey Kelly Parker Tauzin Gallegly Martini Smith (MI) Ortiz Skaggs Wyden Kim Paxon Taylor (MS) Ganske McCollum Smith (NJ) Orton Slaughter Wynn King Payne (VA) Taylor (NC) Gekas McCrery Smith (TX) Owens Spratt Yates Kingston Peterson (MN) Thomas Geren McDade Smith (WA) Pallone Stark Klug Petri Thornberry Gilchrest McHugh Solomon Knollenberg Pombo Tiahrt Gillmor McInnis Souder NOT VOTING—5 Kolbe Porter Torkildsen Gilman McIntosh Spence Bishop Fields (LA) Rose LaHood Portman Torricelli Goodlatte McKeon Stearns Cubin Gibbons Largent Pryce Upton Goodling Meehan Stenholm Latham Quillen Vucanovich Goss Metcalf Stockman b 1430 LaTourette Quinn Waldholtz Graham Meyers Stump Laughlin Radanovich Walker Greenwood Mica Talent Mr. MEEHAN and Mr. SKELTON Lazio Ramstad Walsh Gunderson Miller (FL) Tanner changed their vote from ‘‘no’’ to ‘‘aye.’’ Leach Regula Wamp Gutknecht Minge Tate So the amendment was agreed to. Lewis (CA) Riggs Watts (OK) Hall (TX) Molinari Tauzin Lewis (KY) Roberts Weldon (FL) Hancock Montgomery Taylor (MS) The result of the vote was announced Lightfoot Rogers Weldon (PA) Hansen Moorhead Taylor (NC) as above recorded. Lincoln Rohrabacher Weller Hastert Morella Thomas The SPEAKER pro tempore (Mrs. Linder Ros-Lehtinen White Hastings (WA) Murtha Thornberry Livingston Roth Whitfield Hayes Myers Thurman JOHNSON of Connecticut). The question LoBiondo Roukema Wicker Hayworth Myrick Tiahrt is on the resolution, as amended. Longley Royce Wilson Hefley Nethercutt Torkildsen The question was taken; and the Lucas Salmon Wise Heineman Neumann Upton Speaker pro tempore announced that Manzullo Sanford Wolf Herger Ney Vucanovich Martini Saxton Young (AK) Hilleary Norwood Waldholtz the ayes appeared to have it. McCollum Scarborough Young (FL) Hobson Nussle Walker RECORDED VOTE McCrery Schaefer Zeliff Hoekstra Oxley Walsh McDade Schiff Zimmer Hoke Packard Wamp Mr. MOAKLEY. Madam Speaker, I Horn Parker Watts (OK) demand a recorded vote. NOES—172 Hostettler Paxon Weldon (FL) A recorded vote was ordered. Abercrombie Flake Mascara Houghton Payne (VA) Weldon (PA) The SPEAKER pro tempore. Pursu- Ackerman Foglietta Matsui Hunter Peterson (MN) Weller ant to rule 5(b)(1), this will be a 5- Baldacci Ford McCarthy Hutchinson Petri White Barcia Frank (MA) McDermott Hyde Pombo Whitfield minute vote. Barrett (WI) Frost McHale Inglis Porter Wicker The vote was taken by electronic de- Becerra Furse McKinney Istook Portman Wolf vice, and there were—ayes 255, noes 172, Beilenson Gejdenson McNulty Johnson (CT) Pryce Young (AK) Bentsen Gephardt Meek Johnson, Sam Quillen Young (FL) not voting 7, as follows: Berman Gibbons Menendez Jones Quinn Zeliff [Roll No 39] Bonior Gonzalez Mfume Kanjorski Radanovich Zimmer Borski Gordon Miller (CA) Kasich Ramstad AYES—255 Boucher Green Mineta Kelly Regula Allard Camp English Brewster Gutierrez Mink Andrews Canady Ensign Brown (CA) Hall (OH) Moakley NOES—176 Archer Castle Everett Brown (FL) Hamilton Mollohan Abercrombie de la Garza Hall (OH) Armey Chabot Ewing Brown (OH) Harman Moran Ackerman DeFazio Hamilton Bachus Chambliss Fawell Bryant (TX) Hastings (FL) Murtha Baesler DeLauro Harman Baesler Christensen Fields (TX) Cardin Hefner Nadler Baldacci Dellums Hastings (FL) Baker (CA) Chrysler Flanagan Chapman Hilliard Neal Barcia Deutsch Hefner Baker (LA) Clement Foley Clay Hinchey Oberstar Barrett (WI) Dicks Hilliard Ballenger Clinger Forbes Clayton Holden Obey Becerra Dingell Hinchey Barr Coble Fowler Clyburn Hoyer Olver Beilenson Dixon Holden Barrett (NE) Coburn Fox Coleman Jackson-Lee Ortiz Bentsen Doggett Hoyer Bartlett Collins (GA) Franks (CT) Collins (IL) Jefferson Orton Berman Dooley Jackson-Lee Barton Combest Franks (NJ) Collins (MI) Johnson (SD) Owens Bevill Doyle Jacobs Bass Condit Frelinghuysen Conyers Johnson, E. B. Pallone Bonior Durbin Jefferson Bateman Cooley Frisa Costello Johnston Pastor Borski Edwards Johnson (SD) Bereuter Cox Funderburk Coyne Kanjorski Payne (NJ) Boucher Engel Johnson, E. B. Bevill Cramer Gallegly Danner Kaptur Pelosi Brewster Eshoo Johnston Bilbray Crane Ganske DeLauro Kennedy (MA) Peterson (FL) Brown (CA) Evans Kaptur Bilirakis Crapo Gekas Dellums Kennedy (RI) Pickett Brown (FL) Farr Kennedy (MA) Bliley Cremeans Geren Deutsch Kennelly Pomeroy Brown (OH) Fattah Kennedy (RI) Blute Cunningham Gilchrest Dicks Kildee Poshard Bryant (TX) Fazio Kennelly Boehlert Davis Gillmor Dingell Kleczka Rahall Cardin Filner Kildee Boehner de la Garza Gilman Dixon Klink Rangel Chapman Flake Kleczka Bonilla Deal Goodlatte Doggett LaFalce Reed Clay Foglietta Klink Bono DeLay Goodling Dooley Lantos Reynolds Clayton Ford LaFalce Browder Diaz-Balart Goss Doyle Levin Richardson Clyburn Frank (MA) Lantos Brownback Dickey Graham Durbin Lewis (GA) Rivers Coleman Frost Levin Bryant (TN) Doolittle Greenwood Edwards Lipinski Roemer Collins (IL) Furse Lewis (GA) Bunn Dornan Gunderson Engel Lofgren Rose Collins (MI) Gejdenson Lipinski Bunning Dreier Gutknecht Eshoo Lowey Roybal-Allard Conyers Gephardt Lofgren Burr Duncan Hall (TX) Evans Luther Rush Costello Gonzalez Lowey Burton Dunn Hancock Farr Maloney Sabo Coyne Gordon Luther Buyer Ehlers Hansen Fattah Manton Sanders Cramer Green Maloney Callahan Ehrlich Hastert Fazio Markey Sawyer Danner Gutierrez Manton Calvert Emerson Hastings (WA) Filner Martinez Schroeder January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 619 Schumer Thompson Ward The SPEAKER pro tempore. The gen- sibility threatens Social Security. Dr. Scott Thornton Waters Serrano Thurman Watt (NC) tleman is correct. Myers said: Skaggs Torres Waxman Mr. FATTAH. Mr. Speaker, are we in In my opinion, the most serious threat to Skelton Towns Williams the Committee of the Whole? Social Security is the federal government’s Slaughter Traficant Woolsey The SPEAKER pro tempore. No, we fiscal irresponsibility. If we continue to run Spratt Tucker Wyden federal deficits year after year, and if inter- Stokes Velazquez Wynn are not in the Committee of the Whole. Studds Vento Yates This is the House meeting. est payments continue to rise at an alarming Stupak Visclosky It is the responsibility of the gen- rate, we will face two dangerous possibili- Tejeda Volkmer tleman from Pennsylvania to cast his ties. Either we will raid the trust funds to NOT VOTING—7 pay for our current profligacy, or we will vote in the House. It is his responsibil- print money, dishonestly inflating our way Bishop DeFazio Stark ity to decide how he allocates his time out of indebtedness. Both cases would dev- Chenoweth Fields (LA) between committee and the House Cubin Norwood astate the real value of the Social Security floor. Trust Funds. b 1439 Mr. FATTAH. Mr. Speaker, I thank Mr. Speaker, Mr. Jake Hansen, the Mr. CRAMER changed his vote from the Chair. I hope that the House will vice president of government affairs for ‘‘no’’ to ‘‘aye.’’ consider my comments. the non profit organization, the Sen- So the resolution, as amended, was f iors Coalition, recently elaborated on agreed to. Dr. Myers’ comments in a speech he The result of the vote was announced TREATMENT OF SOCIAL SECURITY gave to the National Taxpayers Con- as above recorded. UNDER ANY CONSTITUTIONAL ference. Mr. Hansen’s speech, entitled, A motion to reconsider was laid on AMENDMENT REQUIRING A BAL- ‘‘The Balanced Budget Amendment: the table. ANCED BUDGET Key to Saving Social Security,’’ was f Mr. FLANAGAN. Mr. Speaker, pursu- published in the January/February 1995 ant to House Resolution 44, as designee issue of the Senior Class, a bimonthly PARLIAMENTARY INQUIRY of the majority leader, I call up the publication of the Seniors Coalition. Mr. FATTAH. Mr. Speaker, I have a concurrent resolution (H. Con. Res. 17) But more to the point today, Mr. parliamentary inquiry. relating to the treatment of Social Se- Speaker, I bring to the House floor The SPEAKER pro tempore (Mr. curity under any constitutional Concurrent Resolution 17, a resolution KOLBE). The gentleman will state it. amendment requiring a balanced budg- that places Members of Congress clear- Mr. FATTAH. Mr. Speaker, I am a et, and ask for its immediate consider- ly on record as being committed to ful- duly elected Member of this House, and ation in the House. filling the promises of the past when I am a member of the Committee on The Clerk read the title of the con- the Federal Government established Government Reform and Oversight, current resolution. Social Security. which is ably chaired by a fellow Penn- The text of House Concurrent Resolu- Specifically, this resolution directs sylvanian, the gentleman from Penn- tion 17 is as follows: the Congress to leave the Federal Old sylvania [Mr. CLINGER]. We have been H. CON. RES. 17 Age and Survivors Insurance trust fund in a markup for a good part of today on and the Federal Disability trust fund a line-item veto, a very serious legisla- Resolved by the House of Representatives (the Senate concurring), That, for the purposes of alone when it is forced to comply with tive matter to come before the House. any constitutional amendment requiring a the balanced budget amendment. We just recessed so that we could come balanced budget, the appropriate committees House Concurrent Resolution 17 is a to the floor in response to the bells of the House and the Senate shall report to straightforward resolution that does ringing. their respective Houses implementing legis- two things: First, it directs the appro- I would like to know whether there is lation to achieve a balanced budget without some opportunity or protection in the increasing the receipts or reducing the dis- priate committees of the House and rules that would allow Members like bursements of the Federal Old-Age and Sur- Senate to report to their respective myself to be here for the debate on the vivors Insurance Trust Fund and the Federal Chambers implementing legislation to floor on what is an important matter Disability Insurance Trust Fund to achieve achieve a balanced budget amendment; that goal. and hear the debate so that we are and second, it requires that in doing so, casting votes that are informed votes The SPEAKER pro tempore. Pursu- the committees shall not do anything rather than to be handling one matter ant to the rule, the gentleman from Il- to increase Social Security taxes or re- of business someplace else and then linois [Mr. FLANAGAN] will be recog- duce benefits to achieve that goal. rushed to the floor. nized for 30 minutes and the gentleman Mr. Speaker, what that means is that I think this is a matter than should from Michigan [Mr. BONIOR] will be rec- the budget cannot be balanced on the be of concern to Members on both sides ognized for 30 minutes. backs of those currently paying Social of the aisle. I admit that I am new. I The Chair recognizes the gentleman Security taxes or on the backs of those come from the Pennsylvania Senate, from Illinois [Mr. FLANAGAN]. currently receiving Social Security but this is at least, in my perception, Mr. FLANAGAN. Mr. Speaker, I yield benefits. no way to run a railroad. myself such time as I may consume. The majority leadership thought it The SPEAKER pro tempore. The gen- Mr. Speaker, there are those who appropriate to report my resolution to tleman from Pennsylvania will be ad- claim that adding a balanced budget the floor today before the House con- vised that yesterday the House adopted amendment to the U.S. Constitution siders House Joint Resolution 1, the a motion permitting committees to would jeopardize Social Security bene- balanced budget amendment. Their meet during the 15-minute debate. fits. The truth is the other way around, reasoning, with which I completely Mr. FATTAH. Mr. Speaker, I thought failure to pass a balanced budget agree, is that this resolution is nec- that was in the Committee of the amendment is what will harm Social essary to fend off attacks by the critics Whole. Security. of a balanced budget who claim that The SPEAKER pro tempore. It is the It is the evergrowing Federal debt somehow proponents of a balanced responsibility of the gentleman from and interest payments that truly budget amendment have secret plans to Pennsylvania to vote in the House, and threaten Social Security. The balanced slash Social Security. Mr. Speaker, how he works out his time otherwise budget amendment is a way to put a this has no basis in fact. Most Members between his committee and the floor is halt to the spendthrift ways of Con- of this body, including myself, have al- a matter for him to decide. gress. Dr. Robert Myers, Social Secu- ready been on record as pledging to Mr. FATTAH. Mr. Speaker, further rity’s former chief actuary and deputy protect the retirement benefits of the parliamentary inquiry. I thought that commissioner has given his support to elderly. My resolution simply ensures the motion that was handled in the a balanced budget amendment as a that Members of Congress keep their House yesterday that the Chair re- means to protect Social Security. Dr. Social Security protection pledge. ferred to had to do with the carrying Myers has stated the case clearly as to As an original cosponsor of House on in the Committee of the Whole. how the Government’s fiscal irrespon- Joint Resolution 1, I believe the best H 620 CONGRESSIONAL RECORD — HOUSE January 25, 1995 way to ensure retirement benefits are point of order to prevent cuts in Social We are not going to let the other side safe from the budgetary ax, now and in Security. It does not ask the President balance this budget on their backs. We the future, is for the Congress to pass to sign legislation to say Social Secu- are not going to let the other side pick and the States to ratify a balanced rity will not be cut, and it does not im- their pockets to fulfill this Contract. budget amendment to the U.S. Con- pose sanctions if Social Security is cut. The American people are not going to stitution. It has no teeth to prevent Social Secu- be fooled by this fig leaf. Mr. Speaker, many of us, on this side rity from being cut. I suspect all of us are going to sup- of the aisle, felt that it was necessary In fact, Mr. Speaker, there is nothing port this meaningless amendment, but to bring forth this resolution as a way in this resolution to prevent Social Se- the true test, the true test of whether to offset the incorrect claims of critics curity from being cut at all. we are serious about protecting Social who portray proponents of the bal- Mr. Speaker, this resolution is noth- Security is whether or not we vote to anced budget amendment in a false ing but one big, giant fig leaf, one, big, make that promise part of the con- light. We were afraid that their fear giant fig leaf. It is one great big, trust stitutional amendment. mongering about the balance budget me. All it says to the seniors of Amer- Mr. Speaker, I urge my colleagues, amendment would disseminate into the ica is ‘‘Take our word for it, we won’t vote for this amendment, but do not be public as fact. The truth is, Mr. Speak- slash Social Security.’’ fooled by a fig leaf, because the Amer- er, a balanced budget amendment will I am sorry, Mr. Speaker, that is not ican people will know where Members be the first step toward guaranteeing good enough. Republicans have proven on the other side stand, and it will be the financial security of American re- time and again in the past that we can- in a few days. tirees. not take their word on Social Security. Mr. FLANAGAN. Mr. Speaker, I Some Members of Congress support a During the 1980’s two Republican thank the gentleman for his comments version of the balanced budget amend- Presidents tried to slash Social Secu- and his support. ment which specifically carves out So- rity and Medicare time and time again. Mr. Speaker, I yield 2 minutes to the cial Security. This may be smart poli- In 1986, the gentleman from Georgia gentleman from Illinois [Mr. EWING]. tics on the surface, but it is certainly [Mr. GINGRICH] himself offered a bill to (Mr. EWING asked and was given per- not sound public policy. Because Social Security is a program eliminate Social Security as we know mission to revise and extend his re- established by statute and not referred it. As recently as 2 weeks ago, Mr. marks.) to in the Constitution, amending that GINGRICH said he expects Social Secu- Mr. EWING. Mr. Speaker, I rise today historic document to provide an exclu- rity to be on the table in 5 years. in strong support of this resolution, sion from balanced budget computa- In 1984 the gentleman from Texas and I want to congratulate the gen- tions just creates an opportunity for [Mr. ARMEY] called Social Security a tleman from Illinois [Mr. FLANAGAN] potential, future mischief. Since Con- bad retirement, a rotten trick, and said for bringing it to our attention, and gress possesses the legislative author- it should be phased out over time. Mr. bringing it here to this House. ity to change statute, irresponsible Speaker, this is from a man who based It is important that the seniors in lawmakers could, at some point in the his first campaign for office on abolish- this country know that we are not future, by-pass balanced budget re- ing Social Security. This year, on the going to touch their Social Security quirements by merely redefining future 27th of September, Mr. Speaker, the with the balanced budget amendment. spending programs as, quote, ‘‘Social gentleman from Texas [Mr. ARMEY] Republicans have said this over and Security.’’ Under this loophole, Con- said ‘‘I would never have created Social over again. I come to the well today to gress could evade its responsibilities to Security in the first place.’’ say it again, because we hear so much balance the budget by making all man- This mind-set that I have just de- rhetoric from the other side which is ner and forms of spending Social Secu- scribed has trickled down through the totally inaccurate. rity programs. Republican ranks. Social Security is This says nothing about cutting So- Mr. Speaker, Members of Congress do not exempted from the Republican bal- cial Security. In fact, we have proposed not have to meddle with the Constitu- anced budget amendment. In fact, in repealing the tax that the President tion in order to protect the Social Se- the one chance, the one chance that and his party helped put on the senior curity trust funds. Instead, they could Republicans had to exempt Social Se- citizens last year. support House Concurrent Resolution curity in this Congress, in the Commit- There is no reason for Social Secu- 17 and vote for the balanced budget tee on the Judiciary 1 week ago, every rity to be touched to balance the budg- amendment. Mr. Speaker, I note that Republican but one voted to keep So- et. We can easily balance the budget if when I yield, it is for the purpose of de- cial Security on the chopping block. we control spending. If we would grow bate only. Now, Mr. Speaker, they come here our spending only 3 percent a year, in- Mr. Speaker, I reserve the balance of with this empty resolution and they stead of 5.4 percent, we could balance my time. ask the American people to take their the budget. word for it. Mr. Speaker, I may have Mr. Speaker, I wonder if most seniors b 1450 been born at night, but I was not born know that in fact today the deficit is Mr. BONIOR. Mr. Speaker, I yield last night. If Members truly want to really the greatest threat to their con- myself 5 minutes. exempt Social Security, the language tinued receipt of Social Security. We Mr. Speaker, this resolution is defini- must be in the amendment. It is that are getting a surplus every year in the tive proof that the Republicans intend simple. Social Security fund, but we use it to to cut Social Security. There is no The way to do that is to support the apply to the deficit. question about it. Gephardt balanced budget amendment. Mr. Speaker, we have in the Social However, if they really wanted to ex- Unlike this resolution, the Gephardt Security trust fund a giant drawer full empt Social Security from the bal- amendment explicitly takes Social Se- of IOU’s from the Federal Government. anced budget chopping block, they curity off the table. We are going to need those investments would have written that promise into Mr. Speaker, 60 years ago Franklin in the year 2013 to try and pay Social their constitutional amendment. They Roosevelt made a solemn, a solemn Security as it comes due. It will not be would make it explicit that Social Se- promise to the American people. He there if we have these continued defi- curity would not be cut. However, this called Social Security a sacred trust cits. resolution does no such thing. In fact, that must never, never be taken away. Mr. Speaker, it is a cruel hoax on the the resolution before us is more re- The senior citizens of this country American senior citizens to contin- markable for what it does not do than have given a lot to America. They ually bad-mouth the attempt to bal- what it does. fought in our wars, they built our econ- ance the budget as a way to cut Social The Flanagan resolution does not ex- omy, they struggled to give us a better Security. empt Social Security from the chop- life, and now many of them are strug- I would say to the gentleman from Il- ping block. It does not bind the House gling on $680 a month on their Social linois [Mr. FLANAGAN], I reiterate that to exempt Social Security. It has no Security check. this is a good resolution. It states our January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 621 purpose. I thank the gentleman for vivors Insurance Trust Fund and the Federal not allow for a point of order to stand. bringing it to us. Disability Trust Fund to achieve that goal.’’ They are purely political cover and not Mr. BONIOR. Mr. Speaker, I yield 2 We also are not going to raise taxes real protection for those with Social minutes to the distinguished gen- to do it. That is the other part of the Security. tleman from Michigan [Mr. CONYERS]. resolution. You can tell how serious our col- (Mr. CONYERS asked and was given Mr. Speaker, balancing the budget is leagues are on the subject of protecting permission to revise and extend his re- a day-by-day, step-by-step process. If Social Security because they did not marks.) we start today by trimming away use- even bother to print it in TV Guide Mr. CONYERS. Mr. Speaker, we must less and wasteful programs, we are which we have learned to be the source consider four questions if this is to be going to succeed in balancing the budg- of most of what we know about the fu- considered as a serious and compelling et without resorting to new taxes. ture of government in the United force to constitutionally bar cuts in I want to thank my good friend, the States today. Social Security benefits. gentleman from Illinois, for offering There are, of course, different ver- First, is it true that Social Security this resolution. The American people sions of this resolution that may come is currently off budget? Answer: Yes. In have been demanding a balanced budg- about. I understand the final copy will 1991 the Budget Enforcement Act did et amendment for a long time. When be on the finest parchment in the land, that. the House passes that amendment this will be read, interlined, will be in the Second, it is not true that the Bal- week, Americans will know that we do archives of the United States. Perhaps anced Budget Act puts the Social Secu- not need to raise taxes and that we do a copy will be available to mount on rity trust fund back on budget? An- not intend to cut Social Security. the wall of the gentleman from Illinois swer: True, it does. I strongly urge my colleagues to sup- to point to with everyone who has a Third, is it not true that even with port the resolution. Social Security card in this country, the Flanagan amendment, Congress Mrs. SCHROEDER. Mr. Speaker, I that they will have protection as a re- could subsequently raid the trust fund yield 3 minutes to the wonderful new sult of this resolution, a testament to to balance the budget under the Bal- freshman, the gentleman from Texas the skill of his legislative hand. anced Budget Act without penalty? An- [Mr. DOGGETT]. But I would suggest that today in swer: True. (Mr. DOGGETT asked and was given America, there are other people out Is it not true that the only ironclad permission to revise and extend his re- there working with their hands. Men protection for the Social Security trust marks.) and women, many of whom have only a fund is to write it into the balanced Mr. DOGGETT. Mr. Speaker, as I Social Security check to look for. And budget amendment, into the text, that look at this resolution, it is a little those people and their hands are left Social Security would not be counted flimsy. It is a little short. It is only a out of this resolution. as either outlays or receipts? sentence long. I do not think it is big Mr. FLANAGAN. Mr. Speaker, I yield Unless we do that, Mr. Speaker, what enough to cover what is happening 2 minutes to the gentleman from North we are doing here is merely a rhetori- with reference to this resolution. Carolina [Mr. FUNDERBURK]. cal exercise of stating good intentions I thought it particularly curious to (Mr. FUNDERBURK asked as was that will lead us no further along this learn in the rather unyielding remarks given permission to revise and extend compelling question, in the resolution of my colleagues from Illinois that the his remarks.) of it, than we were before this concur- majority leader had suggested this res- Mr. FUNDERBURK. Mr. Speaker, I rent resolution was adopted. olution to guarantee that once again am pleased to support House Concur- Please, Mr. Speaker, let us wait for the Republicans are not going to have rent Resolution 17 of my friend, the the Gephardt amendment that would their fingers in the social Security sys- gentleman from Illinois [Mr. FLANA- actually take care of this problem. tem, that the majority leader was the GAN] to help fulfill the promise of the b 1500 one who inspired House Concurrent Contract With America by pledging to Resolution 17. protect Social Security. Mr. FLANAGAN. Mr. Speaker, I yield For it was only a few months ago, on Mr. Speaker, the minority is at it 2 minutes to the distinguished gen- an important day in the history of this again. Once again they are doing their tleman from Illinois [Mr. HASTERT] country, September 27, 1994, when so level best to scare senior citizens into (Mr. HASTERT asked and was given many of our colleagues were out smil- thinking that Republicans are out to permission to revise and extend his re- ing on the steps of the Capitol with destroy Social Security. marks.) their contract that the majority leader Mr. Speaker, that ploy did not work Mr. HASTERT. Mr. Speaker, I am was asked to take the pledge in public in November and it will not work now. particularly pleased to rise in support not to cut people’s Social Security to Even though the American people of this concurrent resolution. I have meet these promises that were made have changed managers of this House, long been a supporter of the balanced here on the Capitol steps, and his re- the minority is still trying to use every budget amendment. But one of the nag- sponse on public television September available opportunity to make Social ging concerns of some of my constitu- 27 was, ‘‘No, I’m not going to make Security a frightening wedge issue. It ents and myself has been Social Secu- such a promise.’’ should be said again that the Repub- rity. The Republican Party has had a lican Party has taken Social Security Although the record of the Repub- record of looking at the Social Secu- off the table. The budget can and will lican Party has clearly shown that we rity system askance and this is simply be balanced by the year 2002 without have no intention of harming the So- a way to cover for what is about to touching the program most vital to our cial Security program, it seems like happen with the balanced budget senior citizens. not everyone believes us. The passage amendment. The balanced budget amendment will of this resolution will show the Amer- It was particularly unusual that—I protect Social Security because there ican people that we are serious when think it is particularly curious that a will be no more borrowing from the we say we are going to balance the Republican Member, a freshman Mem- trust funds which truly protect our Na- budget and we are not going to do it by ber would come forward with a com- tion’s retirees. robbing the Social Security trust fund. memorative resolution of this type, be- Compare that to what is happening Mr. HASTERT. Here is what the reso- cause this resolution will have the now. Skyrocketing budget deficits lution says: same effect as some of the other resolu- guarantee that the Government will ‘‘That, for the purposes of any constitu- tions that Republicans have offered to continue to borrow from trust funds to tional amendment requiring a balanced this body. mask the deficit. Sooner or later we budget, the appropriate committees of the I refer to National Quilting Day, will have to begin paying back the tril- House and the Senate shall report to their respective Houses implementing legislation Travel Agent Appreciation Day. These lions we have borrowed. Every dollar to achieve a balanced budget without in- are commemorative resolutions very we borrow further burdens Medicare creasing the receipts or reducing the dis- much like this document. They have and other priority programs. Each time bursements of the Federal Old-Age and Sur- absolutely the same effect. They will we borrow, the Congress feels more of H 622 CONGRESSIONAL RECORD — HOUSE January 25, 1995 an urge to raise working people’s taxes have done this with other trust funds iors beware, your benefits are in trou- to make up for its fiscal irresponsibil- and we must remember our Democratic ble. ity. colleagues slashed $56 billion out of Mr. FLANAGAN. Mr. Speaker, I yield While the other side talks a good Medicare funding and we have got to 1 minute to the gentleman from Ari- game about protecting seniors, it was remember our Democratic colleagues zona [Mr. HAYWORTH]. their 1993 budget which imposed $25 bil- put that tax increase on Social Secu- Mr. HAYWORTH. Mr. Speaker, I lion in higher Social Security taxes on rity without a single Republican vote thank the gentleman from Illinois for senior citizens. Now they want to cre- in support of either of those two posi- yielding me this time and for introduc- ate more mischief. If Social Security is tions. ing this bill. excluded from budget calculations, it b 1510 Mr. Speaker, I listened with great in- means that Congress will have to raise terest to the comments from the other So, we are going on record, we have payroll taxes and make serious adjust- side of the aisle. One of the previous made it clear where we are coming ments in Medicare and other senior speakers was quite correct to point out programs to make up for the shortfall. from, and I simply want to congratu- late my colleague, the gentleman from that before there was this contract Let there be no mistake. A balanced there was enacted a solemn contract budget is the first step toward guaran- Illinois [Mr. FLANAGAN], for introduc- ing this resolution. with the American people that we call teeing the financial security of retir- Social Security. And I rise in strong ees. It puts a stop to trust fund borrow- Mrs. SCHROEDER. Mr. Speaker, I yield 2 minutes to the dynamic gentle- support of the Flanagan resolution. In ing and stops the deficit explosion. The contrast with my colleagues on the best way, Mr. Speaker, to protect sen- woman from Connecticut [Ms. DELAURO]. other side of the aisle, I cannot classify iors and Social Security is to balance this as a fig leaf, for I remember, the budget now. Ms. DELAURO. Mr. Speaker, last night, in an eloquent State of the though I was not a Member of this Mr. Speaker, I rise in support of the body, in the 103d Congress, I remember Flanagan resolution. Union Address, President Clinton asked Americans to forge a new cov- a very clear record in that Congress, Mrs. SCHROEDER. Mr. Speaker, I when the former majority rose and yield 2 minutes to the wonderful gen- enant based on inalienable rights and solemn responsibilities. struck down benefits for seniors and tlewoman from Connecticut [Mrs. KEN- The President urged Members of this taxed seniors’ benefits, and strove to NELLY]. body to work together to pass welfare cut Medicare. Mrs. KENNELLY. Mr. Speaker, the reform, tax relief, and reduce wasteful Friends, that is the real history of item that we are discussing right now spending. He also emphasized the need what has transpired, and this resolu- is a concurrent resolution to protect to balance the budget. We agree. tion serves to guide us always, to make Social Security. Yet as every Member But, like the President, we’re here to sure that we understand the solemn on this floor knows, this resolution is draw the line. We will not balance the commitment of the intergenerational powerless if this body decides to cut Federal budget on the backs of seniors. contract with this Nation’s seniors. Social Security. We will not cut Social Security and Mr. Speaker, actions speak louder I also remember when many new Medicare to balance the budget. than words. We saw terrible actions in Members were paying allegiance to the Senior citizens built this country. contract that some of them did have a the last Congress. This Congress has a They have worked hard, raised fami- strong commitment to preserve the caveat, and that caveat was that Social lies, fought wars, and forged strong Security is off the table. That is be- rights of seniors. communities. Our senior citizens have Mr. BONIOR. Mr. Speaker, I yield 2 cause they realize that Social Security lived up to their responsibilities. And, is a contract with the American people. minutes to the distinguished gen- they have earned the right of a decent tleman from North Dakota [Mr. There are benefits that the American and dignified retirement. people worked for week in and week POMEROY]. We need a leaner, not a meaner Gov- Mr. POMEROY. Mr. Speaker, I rise in out, and they expect to collect on their ernment. That’s where Democrats and retirement. strong opposition to the resolution Republicans part company. While the under consideration. It represents, in That means that the Congress does Speaker has promised to spare Social not have the right to balance the budg- my opinion, the worst aspects of poli- Security, the Republican balanced tics, even as we deliberate an issue as et at the expense of Social Security. budget amendment shows Social Secu- Social Security did not bring about central to this country as amending rity no mercy. the Constitution to require a balanced this deficit and Social Security should Instead, the Republicans have put not be used to eliminate the deficit budget, what we are considering is a forth the Flanagan fig leaf resolution fraud. that we have before us and is so trou- we now have before us. This resolution Mr. Speaker, I favor a balanced budg- blesome to all of us. does nothing to protect Social Secu- et amendment with one essential pre- Let us protect Social Security. I rity—it has no force of law. It does not condition and that is that the Social think we all agree that that is a good ensure we will achieve a balanced Security trust fund be placed off lim- thing to do. But let us do it for real, budget that does not attack Social Se- and we will have an opportunity later curity, because it does not guarantee a its, not used to bail out unrelated Gov- to, in this debate. But do not do it by constitutional bar against cuts in So- ernment spending. a concurrent resolution. No matter cial Security benefits. So the Social In words alone, both parties agree, how good is sounds, it is powerless to Security trust fund surplus will still be all Members are saying Social Security protect Social Security. used to mask the real size of the defi- is off limits. Indeed, however, there are Mr. FLANAGAN. Mr. Speaker, I yield cit. deep divisions within this body. Some 1 minute to the distinguished gen- The President was right last night. of us will only support a balanced tleman from Illinois [Mr. CRANE]. The final test of everything we do budget amendment if the Social Secu- Mr. CRANE. Mr. Speaker, I thank should be a simple one: Is it good for rity trust fund, independent status of the gentleman for yielding me the the American people? All of the Amer- this vital program is protected. Unfor- time. ican people. The Republican balanced tunately, the majority opposes this I want to salute the gentleman for budget amendment does not pass that independent status. the introduction of this resolution and test, and our senior citizens will not be If we all agree Social Security is off try to clarify apparently some mis- fooled by this Flanagan fig leaf resolu- limits, let us get it in writing. If we understandings about where Republica- tion. buy a car, we buy a house and promises tions are coming from. We appro- Mr. Speaker, we are not trying to are made, we get them in writing. We priately have taken the Social Secu- make Social Security a wedge issue. get them in writing so that we can bind rity trust fund off budget and that is My Republican colleagues are trying to the contract in the future. where it should always reside. That fool seniors into believing that this That is why the balanced budget does not mean it is a sacred trust, be- resolution will protect their benefits. amendment test has to clearly protect cause we have to remember that we This resolution ought to be called: Sen- Social Security. It is the only way we January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 623 can bind this Congress, let alone a fu- tle piece of paper, this House Concur- benefits, cuts in their fixed incomes, ture Congress. The resolution is des- rent Resolution which is nothing more and threaten their way of life. picable, because it pretends to put in than what we use to declare National But this is not true. In fact, the Sen- writing a Social Security commitment, Pickle Day, has exactly the same impe- iors’ Coalition, a national organiza- but it does nothing, nothing at all. It is tus as National Pickle Day. tion, supports the balanced budget not worth the paper it is written on. For those of us who have been around amendment, because they know that This amendment is politics at its a long time, it took us a long time to spiraling deficits are the biggest threat worst because what it says in reality is get Social Security out of the general to our national well-being. you have a point on Social Security. budget. We got it out of the general We can achieve a balance without You have every reason to be concerned budget in 1991. And this resolution is a touching Social Security. Our party about Social Security, but we are not concession that this balanced budget and our leadership are on record oppos- going to deal with your problem. We amendment puts it back in the whole ing cuts in Social Security—opposing will pass a meaningless resolution, we thing for the deficit. And that is, in cuts—and so am I. will pretend to deal with your problem. other words, you would not need it. Now, passage of this resolution would It could just as well say we think those Mr. HYDE. Mr. Speaker, will the gen- do three things. First, it would hold tlewoman yield? of you who care about Social Security our feet to the fire in passing budgets Mrs. SCHROEDER. I am happy to can be tricked. We can fool you into under the balanced budget amendment yield to the gentleman from Illinois. thinking we have protected Social Se- that do not use the Social Security Mr. HYDE. Mr. Speaker, I just have a curity when we have done nothing, trust funds to mask the deficit or to higher regard for the gentlewoman’s nothing at all for your concerns. raid those funds for other purposes, Well, the people are not tricked by vote than perhaps the gentlewoman does herself. When you vote for this, whether increased spending or deficit this resolution, Mr. Speaker. The Na- reduction. tional Committee to Save Social Secu- you are making a statement you are not going to touch Social Security. I Second, it would force each Member rity, the second largest advocacy group of this House to go on record by voting for seniors in the country, has called believe you. I believe you. Mrs. SCHROEDER. I tell my chair- their intent to leave Social Security the Flanagan resolution meaningless off the table once a balanced budget is and they state, and I quote ‘‘Seniors man I not only am not not going to passed. will not be fooled.’’ vote for this resolution, I am going to And, third, it would allow us to de- Mr. FLANAGAN. Mr. Speaker, I yield do it; and I am going to go on and vote bate the merits of a balanced budget 1 minute to the distinguished gen- for a real amendment that says we are amendment in this Chamber without tleman from Illinois, Mr. HENRY HYDE, not going to let any constitutional restrictions from the distortions our chairman of the Committee on the Ju- amendment do it, because as a parent I opponents would like to throw at us diciary. know what this is about. This is about about how this is all some evil attempt (Mr. HYDE asked and was given per- the theory of Congressmen saying later to steal someone’s Social Security ben- mission to revise and extend his re- on to Social Security recipients, but efits. It is not. marks.) the Constitution made me do it, and What better guarantee can we give Mr. HYDE. Mr. Speaker, I thank the they are hoping that the people will gentleman for the 1 minute and I con- not figure out how the Constitution older Americans and all Americans gratulate him for this resolution. I made them do. that we have the political will and the would just suggest to my friends who Today is the day we are voting on the strength of our convictions to balance think this is a waste of time and the amendment that will say that the Con- the Federal budget without affecting equivalent of a commemorative resolu- stitution will make us do it and noth- Social Security or raising taxes than tion, that they vote ‘‘no.’’ They put ing will change that unless we vote for to pass this resolution first, then pro- their money where their mouth is and a real amendment to that constitu- ceed to passing the Barton version of tional amendment that takes Social vote ‘‘no’’ on this and send a message the balanced budget amendment? Security out. that they are intellectually honest. I respectfully urge your ‘‘yes’’ vote I hope all Members vote for the real You are not going to condemn it as a on both measures. thing. This is a play thing, and let us nothing and then vote for it, surely. Mrs. SCHROEDER. Mr. Speaker, I be perfectly clear, we are just playing As far as I am concerned, I am going yield 1 minute to the gentleman from with a play thing. to vote for it, because it is in writing California [Mr. TUCKER]. and when I vote that is my signature to b 1520 Mr. TUCKER. Mr. Speaker, I thank the writing that says we are not going the gentlewoman for yielding me this The SPEAKER pro tempore. The time. to touch Social Security. That is a sol- Chair will advise the Members the gen- Mr. Speaker, the prior speaker, asked emn promise. It is an undertaking of tleman from Illinois [Mr. FLANAGAN] the appropriate and relevant question: mine that I would recommend my next has 16 minutes remaining and the gen- What better guarantee can we give our opponent or the next six of them call tleman from Michigan [Mr. BONIOR] has senior citizens that Social Security me to account on if I break my word. 12 minutes remaining. This is something. This is a state- Mr. FLANAGAN. Mr. Speaker, I yield will be taken off the table? This is not ment of policy for all of those who sign 2 minutes to the gentleman from Ten- the better guarantee, Mr. Speaker. The better guarantee is the Gephardt it and for those who sign, know, it is a nessee [Mr. WAMP]. statement of their policy. (Mr. WAMP asked and was given per- amendment to the constitutional Mr. BONIOR. Mr. Speaker, I yield 2 mission to revise and extend his re- amendment. minutes to the distinguished gentle- marks.) Now, we understand that there are woman from Colorado [Mrs. SCHROE- Mr. WAMP. Mr. Speaker, I rise in going to be many Members who are DER]. support of the Flanagan resolution and going to vote for this to put their in- Mrs. SCHROEDER. I thank the gen- thank my colleague from Illinois for tent on the record. It is a pledge, it is tleman for yielding me this time. bringing this issue into the balanced a promise or a note. But what we want Let me answer the prior speaker that budget amendment debate in a produc- to see, Mr. Speaker, is for them to step was in the well. tive manner. up to the plate and them to really put The reason that it does not matter The same special interests who have their intent into purposes and into ef- how anybody votes on this is because for years tied up the balanced budget fect; that is on the Gephardt amend- this side of the aisle is going to go on amendment debate are now resorting ment which says we will have an and do the real thing. We are really to scare tactics to try to get older amendment to the constitutional going to take Social Security off the Americans on their side in opposition amendment that will emphatically and chopping block. Obviously, if Social to the balanced budget amendment. unequivocally take Social Security off Security were not on the chopping They have scared seniors in my district the table. block, we would not need this resolu- by saying that balanced budgets will They talk about their intent, Mr. tion at all. And we know that this lit- require cuts in their Social Security Speaker. We have heard their intent H 624 CONGRESSIONAL RECORD — HOUSE January 25, 1995 flop back and forward. They said it was Mr. FLANAGAN. Mr. Speaker, I yield It affords no protection to the senior on the table, they said it was off the 2 minutes to the gentleman from Indi- citizens of this country whatsoever. It table. Now it is time for them to put ana [Mr. MCINTOSH]. can be ignored at any time the Con- their money where their mouth is. Mr. MCINTOSH. Mr. Speaker, I thank gress chooses. It has no enacting They say the are the party of action the gentleman from Illinois for yield- clause. It has no force and effect on the and not the party of words. Let us take ing me this time, and I commend him rules of the House or Senate. action not on a mere symbolic commit- for bringing this important resolution ment, not on a mere symbolic one, Mr. to the floor. b 1530 Mr. Speaker, with the Flanagan reso- Speaker, like the Flanagan amend- It has no constitutional meaning, it lution we resolve that in our efforts to ment, but a real-teeth amendment, en- is absolutely nothing, it is a sham, it is bring fiscal responsibility to this insti- forceable amendment, like the Gep- a fraud, it is nothing. hardt amendment. tution we will not balance the budget upon the backs of older Americans. I will tell my Republican colleagues: Mr. FLANAGAN. Mr. Speaker, I yield You can run but you cannot hide. And, 11⁄2 minutes to the gentleman from Illi- Let us not forget that America’s older citizens have borne great burdens you assuredly cannot hide behind this nois [Mr. WELLER]. nonsensical piece of hooey. Mr. WELLER. Mr. Speaker, it is im- for this country. It was my mother’s generation who won World War II. Mr. FLANAGAN. Mr. Speaker, I yield portant that today we shed light on the 1 minute to the gentleman from Illi- scare tactics that are being used by Their stout hearts crushed the twin nois [Mr. LAHOOD]. some in the political arena to frighten evils of fascism and communism and Mr. LAHOOD. I thank the gentleman America’s senior citizens. Broadcasting built a half century of prosperity at home. It is that generation of older re- for yielding this time to me. false cuts in Social Security, these tired Americans we have to thank for Mr. Speaker and ladies and gen- fearmongers are needlessly scaring our advancing this country to her rightful tleman, I do not know a politician any- society’s most vulnerable citizens by place of leadership in the world. They where in America, not one, not one tying Congress’ efforts of balancing the have served this country valiantly and Democrat, not one Republican any- budget to alleged efforts to cheat sen- have planned their retirement based on where in this House that wants to cut iors out of their hard-earned Social Se- the Social Security system. Social Security. The biggest fig leaf is curity. This is inaccurate information We shall not repay their sacrifices by to have the distinguished Democratic purposely being delivered to the elder- threatening the incomes of older Amer- whip come on the floor and offer 4 min- ly in an attempt to conjure up false im- icans. The real party that wants to cut utes and 50 seconds of remarks speak- ages of bone-chilling results at the cost Social Security is the party of Alice ing against the resolution and then tell of our American senior citizens. Rivlin, the Democratic Party. us he is going to support it. He does not These individuals who are painting The only plan to cut Social Security want to cut Social Security; I do not the dark, inaccurate picture are doing that came out in the last election was want to cut Social Security, no Repub- so in an attempt to confuse and scare in President Clinton’s secret memo to lican wants to cut Social Security. The America’s senior citizens of the reality, drastically cut that program. The Clin- gentlewoman from Colorado does not, I the true changes, that are taking place ton administration’s record is clear. know. Nobody does. So do not stand here on Capitol Hill. They taxed Social Security. No Repub- Mr. Speaker, I strongly support the there, do not come to the floor, do not lican voted for that. They cut Medi- accuse us of wanting to do that. balanced budget amendment and com- care. No Republican voted for that. mend my colleague, the gentleman Help us pass the resolution. Let us set the record straight: Demo- Mrs. SCHROEDER. Mr. Speaker, I from Illinois [Mr. FLANAGAN], of the cratic fearmongers are wrong. This Re- Land of Lincoln, the State of Illinois, yield 2 minutes to the gentleman from publican Congress will never, never, Oregon [Mr. WYDEN]. for his initiative to put everyone’s never, vote to cut Social Security ben- name with an ‘‘aye’’ or a ‘‘nay’’ and (Mr. WYDEN asked and was given efits. permission to revise and extend his re- put us all on the record in saying We can and will balance the budget whether or not we want to protect So- marks.) without touching Social Security. If Mr. WYDEN. Mr. Speaker, it seems cial Security. my colleagues in the Democratic Party Republicans have made it clear that to me that it is very revealing that are sincere, they will quickly vote when my Republican friends feel Social Security msut not be touched as unanimously to pass the Flanagan res- strongly about the budget, they en- we work to balance the budget. olution and protect older Americans shrine their views in the Constitution. I urge my colleagues on the Demo- and then pass the balanced budget But when it comes to protecting senior cratic side of the aisle to join with us amendment to protect the country citizens, for the last half hour we have in our commitment to America’s senior from runaway debt caused by 40 years citizens by voting to adopt the Flana- of tax-and-spend policies. heard every manner of argument as to gan resolution to protect Social Secu- Mrs. SCHROEDER. Mr. Speaker, I why Social Security really does not rity. yield 1 minute to the very distin- need constitutional protection. Mrs. SCHROEDER. Mr. Speaker, I guished gentleman from Michigan [Mr. I am of the view that on a bipartisan yield 1 minute to the wonderful gentle- DINGELL]. basis Social Security deserves legally woman from Oregon [Ms. FURSE]. (Mr. DINGELL asked and was given binding, constitutionally protected Ms. FURSE. Mr. Speaker, I thank the permission to revise and extend his re- safety. Unfortunately, this resolution gentlewoman for yielding me this time. marks.) does not do that. Mr. Speaker, I am very grateful for Mr. DINGELL. Mr. Speaker, this res- Senior citizens deserve better, and on every opportunity I get to protect So- olution has no more meaning and no a bipartisan basis we should make sure cial Security. more use than side pockets on a cow. that it gets done. But I want to do it with law, not with This is a fraud. This is a sham. Mrs. SCHROEDER. Mr. Speaker, will smoke and mirrors. Now, this is a feel- My Republican colleagues are sud- the gentleman yield? good resolution. But, of course, it denly concerned that the senior citi- Mr. WYDEN. I yield to the gentle- means nothing, absolutely nothing. zens have discovered that nowhere in woman from Colorado [Mrs. SCHROE- Now, I like to do things that feel this amendment to the Constitution DER]. good, but I am paid to legislate. If my which they are pushing is there any Mrs. SCHROEDER. I thank the gen- colleagues want to protect Social Secu- protection for senior citizens on Social tleman for yielding. rity, let them do something real; let Security. So all of a sudden they come I really appreciate what the gen- them vote for the three balanced budg- forward with this wonderful document, tleman was saying because he is abso- et amendments that protect Social Se- but this document means nothing. It lutely right. We all do not want to curity. has no more significance than the soup touch Social Security, and there is one Let us, all of us, earn our pay, not made from the shadow of a pigeon way we can guarantee it, and that is to just feel good. which stood in place yesterday. vote for the amendment that says in January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 625 the Constitution it is not on the chop- ment is for real. We will not turn our Mr. Speaker, I yield 1 minute to the ping block. When it comes to these res- backs on the men and women who gentleman from Tennessee [Mr. BRY- olutions, we have a statement from Mr. worked so hard to make this country ANT.] CLINGER about a prior resolution of the greatest democracy the world has (Mr. BRYANT of Tennessee asked this order, who said it was totally de- ever known, and so I urge Members to and was given permission to revise and void of substance and offered little adopt this resolution. extend his remarks.) more than a parliamentary parlor Mr. Speaker, let us send a message of as- Mr. BRYANT of Tennessee. Mr. game. That is what resolutions are, surance to seniors of this great Nation. Speaker, in the debate over a balanced they are something that you hide be- Mrs. SCHROEDER. Mr. Speaker, I budget amendment, we are hearing hind but they do not stop a budget yield 2 minutes to the dynamic gen- from the opposition a worn-out and knife. tleman from Massachusetts [Mr. failed argument. They use it every So we may not want to touch it, but FRANK]. time we try to bring spending under the budget knife can go ahead and Mr. FRANK of Massachusetts. I control. touch it unless we do the real thing. thank the gentlewoman for yielding. They are trying to prevent fiscal re- I really thank the gentleman from Mr. Speaker, I offered a free standing sponsibility and change. Oregon [Mr. WYDEN] for yielding and substitute that would have protected The opponents of a balanced budget for pointing that out because we want Social Security and would have met amendment are now saying it will cut to make that point. We want to do the the argument that, ‘‘Oh, you could into Social Security. real thing, and that is to protect Social then call anything Social Security.’’ Mr. Speaker, that just is not true and Security with a protecting amendment. I offered an amendment to the Com- is misleading. Mr. FLANAGAN. Mr. Speaker, I yield mittee on Rules which would have Mr. Speaker, our budget can be bal- 2 minutes to the gentleman from Geor- taken the Barton amendment and sim- anced without touching Social Secu- gia [Mr. CHAMBLISS]. ply added language that said, ‘‘When rity. (Mr. CHAMBLISS asked and was you calculate whether or not there is a Social Security benefits will not be given permission to revise and extend surplus or a deficit, you exclude Social affected by a balanced budget amend- his remarks.) Security,’’ and defined it to be an old Mr. CHAMBLISS. Mr. Speaker, when age and survivors program with pay- ment. I would not support one if it did. I was elected to this Congress in No- ments. I do not want to hurt the 900,000 peo- vember, I felt a tremendous sense of So it was not open to that. ple in my State who benefit from So- honor and pride to have the oppor- The Committee on Rules said ‘‘No.’’ I cial Security. tunity to represent the many good peo- know now why they took Claude Pep- Mr. Speaker, we owe those who have ple of Georgia’s Eighth District. I was per’s picture down. They did not want paid their hard-earned dollars into So- excited to advance the contract that I Claude Pepper looking on when they cial Security their benefits. made with the people of my district, in killed an amendment that would have Mr. Speaker, for those out there who particular the piece of legislation we protected Social Security. But then would like to vote for this, I commend will take up today, the balanced budget they had second thoughts. They came this resolution to my colleagues for amendment. up with about as meaningless a resolu- their full support. Poll after poll reflects the same tion as I have ever seen. Members keep b truth, Mr. Speaker: The people want saying, ‘‘We don’t want to cut Social 1540 this Congress to deal with the deficit, Security.’’ But you are trying to pass a Mrs. SCHROEDER. Mr. Speaker, I and they want us to pass a balanced constitutional amendment that will yield 2 minutes to the distinguished budget amendment. create an incentive to cut Social Secu- gentleman from Wisconsin [Mr. KLECZ- Mr. Speaker, the American people rity because under the amendment KA]. elected a new leadership that will take being offered, if there is a deficit else- Mr. KLECZKA. Mr. Speaker, Mem- up the critical issues that will effect where, it could be offset by a Social Se- bers, I thank the gentlewoman from the type of change demanded in every curity surplus. Colorado [Mrs. SCHROEDER] for yielding town hall and around every kitchen We have had the Speaker of the this time to me. table in America. House say that we must recalculate the Mr. Speaker, Members, all this rhet- Now that the former leadership is re- consumer price index so that it pro- oric this afternoon would not be nec- duced to a minority status, they have vides less. That is primarily a means of essary if, in fact, the Committee on taken on a new strategy for killing the reducing cost-of-living increases for Rules would have adopted the amend- amendment: scare tactics. It seems odd Social Security recipients. ment offered by the gentleman from that the Democrats are such experts in Put the two together. Massachusetts [Mr. FRANK] or my telling the American people and the The Speaker threatens the Bureau of amendment to the Barton bill which new majority what programs it must Labor Standards and says, ‘‘You had would provide an exclusion from Social cut to balance the budget when it has better cut the CPI.’’ The main fiscal Security in the balanced budget been utterly incapable of doing so in impact of reducing the consumer price amendment. So, all this talk of protec- recent memory. I have a news flash for index is to reduce the cost-of-living in- tion and all the other rhetoric we are the old leadership: We can balance the crease for Social Security recipients, hearing, would not have been nec- budget, and we will balance the budget. which then swells the surplus, which essary, but let me quote for my col- But make no mistake about it, we will you then, under your constitutional leagues from some senior citizen orga- not sacrifice the future of our senior amendment, without our language, will nizations which have written to us in citizens to do it. use to hold down that deficit. the past couple of days. Probably the I commend the gentleman from Illi- So this piece of paper, being on So- most respected is the Association of nois for offering this well-meaning res- cial Security and knowing that you are Retired Persons, AARP. olution as our way of assuring the el- going to create a constitutionally driv- They indicated that the House Com- derly of our society that this leader- en incentive to reduce benefits to help mittee on the Judiciary voted to keep ship will not renege on this Govern- with the surplus, is like being on the Social Security on the table. To ex- ment’s contract to provide for seniors, Lusitania and getting word that the clude it, according to its chairman, one of whom is my mother, in their Titanic has just set sail to save you. would require us to make spending cuts sunset years. You have an entirely meaningless more sweeping than currently con- I would also like to personally take resolution, not binding on anybody, templated. This scare tactic is a quote this opportunity to assure the seniors that is supposed to offset a constitu- from our chairman of the Committee that I represent, seniors in my home tionally created incentive that people on the Judiciary, and it is from a sen- town of Moultrie, and in towns like will have to cut Social Security. ior citizen group who represents sen- Cochran, Eastman, and Pearson that Mr. FLANAGAN. Mr. Speaker, I iors throughout the country who re- our Contract With America is for real thank the Titanic speaker for his re- ceived a news release here from the Na- and that this balanced budget amend- marks. tional Committee to Preserve Social H 626 CONGRESSIONAL RECORD — HOUSE January 25, 1995

Security. They indicate that this rule FLANAGAN] for raising this important Mr. GANSKE. Mr. Speaker, I rise in shows, and I quote: issue. strong support of this resolution of- ‘‘This rule shows it’s gimmicks as The folks in my district have been fered by my neighbor, the gentleman usual. Instead of allowing a simple up frightened by some interest groups into from Illinois [Mr. FLANAGAN]. and down vote on Social Security, the believing that the balancing of the Before we recess tomorrow, Mr. House instead will vote on the mean- Federal budget will mean cuts in So- Speaker, this body should pass a strong ingless Flanagan concurrent resolu- cial Security benefits. Social Security balanced budget amendment. Passage tion. Seniors will not be fooled.’’ actually takes in more taxes than it of the Flanagan resolution will help en- Here is a senior group indicating pays out in benefits. The real threat to sure the balanced budget amendment that. the future of the Social Security sys- meets its goal of protecting senior citi- Another senior group did a poll na- tem is the annual budget deficits of zens. tionally, not of only seniors, but of all $200 billion. Mr. Speaker, it is our enormous na- Americans, and they indicated that a As long as the Federal Government tional debt that places Social Security national poll shows that 80 percent of continues to fund wasteful and ineffi- at tremendous risk, not a balanced the voters want Social Security ex- cient programs, the Social Security budget amendment. It is the trust fund cluded from the balanced budget trust fund, which had a surplus of over behind that debt that allows Congress amendment. So, these are people who $50 billion in 1994, will continue to fund to mask the true size of that debt, and are asking us to include it as part of wasteful projects. The best way to pro- big spenders in Congress are too often the balanced budget amendment and tect the trust fund is to restrain deficit tempted to dip into these critical re- not this meaningless resolution. spending and to balance the Federal serves to fund their big government What is a sense-of-Congress resolu- budget. initiatives. This resolution makes tion? As the gentlewoman from Colo- This legislation before us makes it clear that Congress will work toward a rado indicated, the way that we made clear that the Congress cannot touch balanced budget amendment that ulti- this pickle National Pickle Week was Social Security benefits as it makes mately protects, not endangers, Amer- to pass a resolution just like this. So the tough decisions to cut programs ican senior citizens. the resolution we are going to vote on and balance the budget. Our job, my shortly has the same effect as making colleagues, is to support this resolu- I join my colleagues in supporting this pickle National Pickle Week. tion. this resolution to ensure that the budg- The seniors will not be fooled. That Mr. FLANAGAN. Mr. Speaker, I yield et will not be balanced on the backs of is what the effect is. 1 minute to the gentleman from Penn- seniors, and it will ensure that future Does this go into the statutes? No. sylvania [Mr. ENGLISH]. retirees will have Social Security. Does the President sign it? No. (Mr. ENGLISH of Pennsylvania asked Mrs. SCHROEDER. Mr. Speaker, I I am reminded of the commercial of and was given permission to revise and yield 30 seconds to the gentlewoman kids sitting around the table. The lead- extend his remarks.) from Texas [Ms. JACKSON-LEE]. ership looked, and they found out they Mr. ENGLISH of Pennsylvania. Mr. (Ms. JACKSON-LEE asked and was needed to have this introduced, and Speaker, I rise in support of the resolu- given permission to revise and extend they said, ‘‘Let Mikey do it.’’ tion offered by my colleague from Illi- her remarks.) Mr. FLANAGAN. Mr. Speaker, I yield nois. Ms. JACKSON-LEE. Mr. Speaker, 1 minute to the gentleman from New During my campaign, Mr. Speaker, I this is a trust. This is a trust we have Jersey [Mr. LOBIONDO]. promised the voters in my district that with the American people. Mr. LOBIONDO. Mr. Speaker, my col- I would work to balance the Federal In talking to a person in my district leagues on the Democrat side of the budget. The new reform Congress has who worked in a simple, hard-working aisle continue to engage in political an unprecedented opportunity to put a job; he asked if he would be able to maneuvering, but, Mr. Speaker, the decisive end, once and for all, to the have the confidence that Social Secu- facts are very simple. For 25 years the Government’s unlimited power to rity exists when he retired. Mr. Speak- Democrats could not or would not bal- spend and borrow. It is time we apply er, I think it is most important that we ance our budget. For 25 years the to the Federal budget the common dis- uncover the coverup. We really need to Democrats played games with Ameri- cipline of the family budget. I have yet talk about bipartisanship. We can get ca’s books. For 25 years they recklessly to meet a single individual in my dis- to the bottom of this by supporting the placed Social Security in jeopardy. trict who does not agree that Govern- Gephardt-Bonior Social Security pro- Well, at long last there is finally ment spending is out of control and tection. some good news because we Repub- that something needs to be done about Mr. Speaker, it is so very important licans will stand firm for all of our peo- it. that we acknowledge that this could be ple, especially our seniors. Republicans We actually hear Members of this easily repealed. Mr. Speaker, let us will ensure we have a real balanced body who will argue that a balanced support the Gephardt-Bonior amend- budget in place and that Social Secu- budget amendment is a dangerous idea. ment. rity will be soundly protected. We are How do they justify this argument? Mrs. SCHROEDER. Mr. Speaker, I not going to play games and flap at the They will prey on the vulnerabilities of yield the balance of my time to the jaw like the Democrats who could not the voters. They will say that those in gentleman from Missouri [Mr. GEP- produce in 25 years. favor of this amendment will balance HARDT], our distinguished Democrat I say to my colleagues, ‘‘Work with the budget at the expense of older leader. us, and watch us do it right before your Americans by cutting Social Security. The SPEAKER pro tempore (Mr. eyes now, in real time, so that all of This is simply nonsense. KOLBE). The gentleman from Missouri our people, especially our seniors, folks We need to streamline Government is recognized for 21⁄2 minutes. like my mom and dad who are counting in areas which have been abused, in- (Mr. GEPHARDT asked and was on Social Security, will say, ‘Thank flated and mismanaged before even given permission to revise and extend goodness we have a new Republican considering sacrificing a fragile vital his remarks.) majority’.’’ program like Social Security. At a b Mr. FLANAGAN. Mr. Speaker, I yield time when some are talking about a 1550 1 minute to the gentleman from Ten- new covenant we should signal our Mr. GEPHARDT. Mr. Speaker, I urge nessee [Mr. HILLEARY]. clear intent to honor our social con- my colleagues to defeat the Flanagan (Mr. HILLEARY asked and was given tract with those who have participated resolution, to defend one of the great- permission to revise and extend his re- in and contributed to the Social Secu- est acts of Government that this Na- marks.) rity system. tion has ever known, the Social Secu- Mr. HILLEARY. Mr. Speaker, I rise I support this amendment. rity Act. Social Security needs to be in strong support of the House Concur- Mr. FLANAGAN. Mr. Speaker, I yield defended, because Republican Members rent Resolution 17 and congratulate 1 minute to the gentleman from Iowa of the House are pushing a balanced the gentleman from Illinois [Mr. [Mr. GANSKE]. budget amendment that could open the January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 627 floodgates to devastating cuts in this that the retirement benefits of the el- Mr. YOUNG of Florida. Mr. Speaker, as one program. derly are preserved and protected. who has protected the fiscal integrity of Social Let us be clear about what is at Mr. Speaker, never-ending deficit Security Program as vigorously as any Mem- stake: Social Security is not just an- spending compels Congress to keep pil- ber in this House, I rise in strong support of other line on a spreadsheet. It is not ing more annual budget deficits on top this resolution. just a poker chip to be bargained away of the current $4.6 trillion national Social Security is a self-financing program while Republicans renegotiate their debt. Consequently, the Government where the payroll taxes paid by employees faulty contract. Social Security is must continue to borrow from the Fed- and employers go into a separate, actuarially every American’s guarantee of dignity eral old-age and survivors insurance sound trust fund and can only be use to pay and decency and security in their gold- trust fund and Federal disability insur- retirement benefits to retired and disabled en years. ance trust fund. If that trend continues workers and their families. The Social Security That is why this party, the Demo- through 2013—the year Social Security trust funds cannot be used to provide for our cratic Party, fought to create it 60 benefit payments are projected to ex- national security, to pay for health care, or to years ago. And now, six decades later, ceed what the system collects in pay- build roads or bridges or anything elseÐex- it is incomprehensible that an elderly roll taxes—Congress then will have to ceptÐSocial Security. They can only be used American would die in poverty. That is decide what benefits will be reduced or to pay the benefits promised to retired work- our contract with the American people, which payroll taxes are raised. ers. a contract not forged in a focus group, Mr. Speaker, we must stem that tide This resolution expresses the sense of this but on the bedrock of decency and hu- now and affirmatively state that these Congress that in implementing a constitutional manity that has always been at the trust funds will be held harmless in amendment providing for a balanced Federal heart of this country. budget balancing considerations. budget, the Social Security Program and trust For years now we have been saying The only way Congress can keep its fund should be off limits. It reaffirms what I let us balance the Federal budget. Let promises to the American people, in- have long said and supported that in reducing us pass a constitutional amendment cluding Social Security, Medicare, stu- the Federal budget deficit we should look to even to do it. But let us not balance dent financial aid, and a whole host of cutting spending in those areas which are driv- our books on the backs of the senior other Federal programs, is for the Con- ing our Nation deeper into debt. That certainly citizens of this country. gress to balance the budget. House is not the Social Security trust fund which ac- The fact is Social Security pays its Joint Resolution 1 will do just that, tually runs an annual surplus, last year which way. And if we try to use it to close the and House Concurrent Resolution 17 totaled $61 billion. deficit, we threaten the program’s very will help ensure that senior citizens The passage of this legislation prior to the solvency and integrity. will not have to be sacrificed to obtain general debate on the balanced budget When we ask Republicans what gets amendment reaffirms our commitment to pro- deficit reduction. cut, who gets hurt, they squirm in tect our Nation's Social Security recipients The important thing is that we pro- their seats. When we say promise us from attempts to balance the Federal budget tect Social Security against being al- you will not cut Social Security, they at their expense. Instead, with the passage of tered solely for the purpose of bal- say trust us. They give us the Flanagan the balance budget amendment, Congress will ancing the budget. And that’s exactly resolution, a nonbinding, noncommit- be forced to make the tough choices to reduce what this resolution does. tal, and in my view, nonsensical fig Government spending, the kind of votes I Mr. Speaker, I urge all my colleagues leaf that promises nothing and accom- have made time after time in this House, in- to support my resolution, as well as plishes nothing. stead of succumbing to the temptation to raid the Barton-Hyde-Tate balanced budget We can do this. We can defeat this the Social Security trust funds. amendment. see-through resolution and include an As a Member who probably represents amendment that will truly exempt So- Mr. REED. Mr. Speaker, I rise in support of more Social Security beneficiaries than any cial Security. If we want to pass a reso- protecting Social Security, but I would like Member of this House, I am well aware of the lution, if Social Security is so impor- Rhode Island's senior citizens to realize that tactics that have been used by those who tant that we need this resolution, why the Flanagan resolution, House Concurrent want to kill the balanced budget amendment would we not put this in the Constitu- Resolution 17, is weak, nonbinding, and politi- by scaring older Americans into believing that tion? If it is important enough to say cal cover. it will have a severe impact on the Social Se- in the Constitution we are going to bal- Supposedly, House Concurrent Resolution curity program. As I said time after time, I be- ance the budget, let us put into the 17 puts the Congress on record as opposing lieve a balanced budget amendment actually Constitution we will not balance the cuts in Social Security to achieve a balanced ensures the financial security of the Social Se- budget on the backs of the senior citi- budget. However, nothing could be further curity trust fund and benefits for current and zens of this country. from the truth. future retirees. Do not vote for a fig leaf. Do not vote Unfortunately, House Concurrent Resolution Without the fiscal discipline imposed by a for a see-through resolution. Vote for 17 is the same kind of nonbinding resolution balanced budget amendment, Congress will the real thing. Vote for the Gephardt that was used in past Congresses to com- allow the national debt to continue its upward amendment and put the exemption in memorate ``National Pizza Week''Ðconcurrent spiral, driving our Nation deeper into debt as the Constitution of the United States resolutions are not law and they certainly do the annual interest payment to finance our of America. not supersede the Constitution of the United deficit spending continues to be the fastest Mr. FLANAGAN. Mr. Speaker, I yield States. growing component of the Federal budget. myself the balance of my time. If Members truly want to protect Social Se- These rising interest payments, estimated to The SPEAKER pro tempore. The gen- curity from the cuts needed to achieve a bal- be $339.1 billion in the current fiscal year, tleman from Illinois is recognized for anced budget, they should vote for the WISE, coupled with the past inability of Congress to 21⁄2 minutes. GEPHARDT, OWENS, or CONYERS versions of set fiscal priorities and make the tough deci- Mr. FLANAGAN. Mr. Speaker, we the balanced budget amendments. These pro- sions about which programs to fund and which have heard the arguments for and posals would really protect Social Security be- programs to eliminate, are the real threat to against this resolution and, in my cause they would prohibit Social Security cuts older Americans, not the balanced budget opinion, the proponents have won the under the Constitution. amendment. day. I see no reason why anyone would Indeed, if resolutions and laws are enough Rather than cast the tough votes to cut object to this piece of legislation which to protect Social Security, why aren't they suf- spending and reduce the reach of the Federal states in a loud and clear voice, that ficient to force Congress to balance the budg- Government required to get our fiscal house in the Social Security trust fund is off et. As a wise person once said, ``what's good order, Congress has continued to spend now limits when complying with the bal- for the goose is good for the gander.'' and worry about the deficit later. The day of ance budget amendment. Mr. Speaker, I will vote for the Flanagan reckoning, however, that I have long warned My resolution, along with House resolution, but more importantly I will support about has arrived as our Nation faces a rising Joint Resolution 1, the Barton-Hyde- those versions of the balanced budget amend- mortgage payment on our Nation's debt. The Tate balanced budget amendment, are ment which provide constitutional protection discipline imposed on Congress by a balanced important first steps in guaranteeing for Social Security. budget amendment will force the House and H 628 CONGRESSIONAL RECORD — HOUSE January 25, 1995 Senate to once and for all eliminate those pro- Mr. FLANAGAN. Mr. Speaker, I ob- Matsui Pickett Spence McCarthy Pombo Spratt grams our Government can no longer afford, ject to the vote on the ground that a McCollum Pomeroy Stark to permanently reduce spending and bring the quorum is not present and make the McCrery Porter Stearns Federal budget into balance. This relieves the point of order that a quorum is not McDade Portman Stockman present. McDermott Pryce Stokes future threat to the Social Security Program McHale Quillen Studds because Congress will wean the Federal Gov- The SPEAKER pro tempore. Evi- McHugh Quinn Stump ernment off American tax dollars by cutting dently a quorum is not present. McInnis Radanovich Stupak spending on programs, rather than by cutting The Sergeant at Arms will notify ab- McIntosh Rahall Talent McKeon Ramstad Tanner Social Security benefits or raising Social Secu- sent Members. McKinney Rangel Tate rity payroll taxes. The vote was taken by electronic de- McNulty Reed Tauzin There are those who say that the balanced vice, and there were—yeas 412, nays 18, Meehan Regula Taylor (MS) not voting 4, as follows: Meek Reynolds Taylor (NC) budget amendment should include a reference Menendez Richardson Tejeda to the Social Security trust fund. Just the op- [Roll No. 40] Metcalf Riggs Thomas posite is true, however. By writing into the Meyers Rivers Thompson YEAS—412 Mfume Roberts Thornberry Constitution an exemption for the Social Secu- Mica Roemer Thurman rity Program, Congress will leave a loophole to Abercrombie Crapo Hansen Ackerman Cremeans Harman Miller (CA) Rogers Tiahrt shelter a whole host of other programs for Allard Cubin Hastert Miller (FL) Rohrabacher Torkildsen scrutiny. Congress could later move program Andrews Cunningham Hastings (FL) Mineta Ros-Lehtinen Torres Minge Rose Towns after program under the veil of the Social Se- Archer Danner Hastings (WA) Armey Davis Hayes Mink Roth Traficant curity trust fund to provide protection from the Bachus de la Garza Hayworth Moakley Roukema Upton reach of the balanced budget amendment. In Baesler Deal Hefley Molinari Roybal-Allard Velazquez the end, the fiscal integrity and independence Baker (CA) DeFazio Hefner Mollohan Royce Vento Baker (LA) DeLauro Heineman Montgomery Rush Volkmer of the Social Security Program would be vio- Baldacci DeLay Herger Moorhead Sabo Vucanovich lated, not protected. Equally important, Con- Ballenger Dellums Hilleary Morella Salmon Waldholtz Barcia Deutsch Hilliard Myers Sanders Walker gress would once again avoid casting the Myrick Sanford Walsh tough votes on those programs that are the Barr Diaz-Balart Hinchey Barrett (NE) Dickey Hobson Nadler Sawyer Wamp cause for our rising national debt. Barrett (WI) Dicks Hoekstra Neal Saxton Ward s the founder and chairman of the bipartisan Bartlett Dixon Hoke Nethercutt Scarborough Waters Neumann Schaefer Watts (OK) Social Security Caucus, I have long led the Barton Doggett Holden Bass Dooley Horn Ney Schiff Waxman battle to preserve the long-term financial sta- Bateman Doolittle Hostettler Norwood Schroeder Weldon (FL) bility of the Social Security trust fund and en- Becerra Dornan Houghton Nussle Schumer Weldon (PA) sure that the promised retirement benefits will Beilenson Doyle Hoyer Oberstar Seastrand Weller Bentsen Dreier Hunter Obey Sensenbrenner White be available to current and future generations Bereuter Duncan Hutchinson Olver Serrano Whitfield of American workers. A constitutional amend- Berman Dunn Hyde Ortiz Shadegg Wicker Bevill Durbin Inglis Orton Shaw Wilson ment to require a balanced Federal budget will Owens Shays Wise remove any incentives for Congress to tamper Bilbray Edwards Istook Bilirakis Ehlers Jackson-Lee Oxley Shuster Wolf with Social Security benefits, by finally forcing Bliley Ehrlich Jacobs Packard Sisisky Woolsey Congress to make the tough decisions re- Blute Emerson Jefferson Pallone Skeen Wyden Parker Skelton Wynn quired to address the threat posed to all of us Boehlert Engel Johnson (CT) Boehner English Johnson (SD) Pastor Slaughter Yates by an ever-increasing national debt. Social Se- Bonilla Ensign Johnson, E.B. Paxon Smith (MI) Young (AK) curity is not the cause of our Nation's growing Bonior Eshoo Johnson, Sam Payne (NJ) Smith (NJ) Young (FL) debt. It certainly should not be and will not be Bono Evans Johnston Payne (VA) Smith (TX) Zeliff Borski Everett Jones Peterson (FL) Smith (WA) Zimmer a part of the solution as long as this Member Boucher Ewing Kanjorski Peterson (MN) Solomon serves in the House. Brewster Farr Kaptur Petri Souder Mr. Speaker, I support this legislation today Browder Fawell Kasich NAYS—18 to reaffirm the commitment of this Congress to Brown (CA) Fazio Kelly Brown (FL) Fields (TX) Kennedy (RI) Clay Kleczka Skaggs protect the Social Security Program while at Brown (OH) Filner Kennelly Dingell Moran Stenholm the same time taking definitive action to elimi- Brownback Flake Kildee Fattah Murtha Tucker nate Federal deficit spending with the enact- Bryant (TN) Flanagan Kim Gephardt Pelosi Visclosky Bryant (TX) Foglietta King Geren Poshard Watt (NC) ment of a balanced budget constitutional Bunn Foley Kingston Kennedy (MA) Scott Williams amendment. Bunning Forbes Klink NOT VOTING—4 Burr Ford Klug PARLIAMENTARY INQUIRY Burton Fowler Knollenberg Bishop Thornton Mr. FATTAH. Mr. Speaker, I have a Buyer Fox Kolbe Fields (LA) Torricelli parliamentary inquiry. Callahan Frank (MA) LaFalce Calvert Franks (CT) LaHood b 1613 The SPEAKER pro tempore (Mr. Camp Franks (NJ) Lantos KOLBE). The gentleman will state it. Canady Frelinghuysen Largent Mr. MORAN and Mr. KENNEDY of Mr. FATTAH. Mr. Speaker, I would Cardin Frisa Latham Massachusetts changed their vote from Castle Frost LaTourette ‘‘yea’’ to ‘‘nay.’’ like to know the legal effect of the res- Chabot Funderburk Laughlin olution in front of us. Is it binding? Chambliss Furse Lazio Mr. HASTINGS of Florida and Mrs. The SPEAKER pro tempore. The gen- Chapman Gallegly Leach MALONEY changed their vote from tleman is not stating a parliamentary Chenoweth Ganske Levin ‘‘nay’’ to ‘‘yea.’’ Christensen Gejdenson Lewis (CA) So the concurrent resolution was inquiry. Chrysler Gekas Lewis (GA) Mr. FATTAH. I am trying to under- Clayton Gibbons Lewis (KY) agreed to. stand the distinction between a concur- Clement Gilchrest Lightfoot The result of the vote was announced Clinger Gillmor Lincoln as above recorded. rent resolution as it is presently before Clyburn Gilman Linder the House. Coble Gonzalez Lipinski A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- Coburn Goodlatte Livingston the table. ant to House Resolution 44, the pre- Coleman Goodling LoBiondo f Collins (GA) Gordon Lofgren vious question is ordered on the con- Collins (IL) Goss Longley current resolution. Collins (MI) Graham Lowey PROPOSING A BALANCED BUDGET The previous question was ordered. Combest Green Lucas AMENDMENT TO THE CONSTITU- Condit Greenwood Luther TION The SPEAKER pro tempore. The Conyers Gunderson Maloney question is on the concurrent resolu- Cooley Gutierrez Manton The SPEAKER pro tempore (Mr. tion. Costello Gutknecht Manzullo KOLBE). Pursuant to House Resolution The question was taken; and the Cox Hall (OH) Markey 44 and rule XXIII, the Chair declares Coyne Hall (TX) Martinez Speaker pro tempore announced that Cramer Hamilton Martini the House in the Committee of the the ayes appeared to have it. Crane Hancock Mascara Whole House on the State of the Union January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 629 for the consideration of the joint reso- b 1620 longs, with the States, with local com- lution, House Joint Resolution 1. Foreign creditors now own 20 percent munities, and with American families. b 1615 of our debt. That is the reality lurking The long-neglected 10th amendment behind this romance with ever-bigger will be resuscitated and so will our IN THE COMMITTEE OF THE WHOLE Government that seems to consume economy. What we need to do is to con- Accordingly the House resolved itself the Democrats. vince America that we will make the into the Committee of the Whole House The balanced budget amendment is cuts and that we have the will to make on the State of the Union for the con- much more than a mere symbol. It the cuts necessary to bring the budget sideration of the joint resolution (H.J. would establish a binding, legal frame- Res. 1) proposing a balanced budget into balance. That was the clear signal work, a disciplined structure requiring amendment to the Constitution of the of November 8 last year. Congress to make the tough choices United States, with Mr. WALKER in the We have heard so much about Social with a bias toward cutting spending, chair. Security and we have heard it from the not increasing the debt and not in- The Clerk read the title of the bill. party that has taxed Social Security in creasing taxes. The CHAIRMAN. Pursuant to the rule, the last budget, taxed the Social Secu- In 1982, I wrote an op-ed piece ex- the joint resolution is considered as rity benefits that they so cavalierly pressing skepticism about a balanced read the first time. Under the rule, the refer to as sacred. It seems to me that budget amendment. Thirteen years gentleman from Illinois [Mr. HYDE] later, that skepticism has dissipated. I was a violation of sanctity, but none- will be recognized for 11⁄2 hours, and the am convinced nothing is going to work theless, that is their problem. gentleman from Michigan [Mr. CON- short of a balanced budget amendment. Social Security is off-limits. It is not YERS] will be recognized for 11⁄2 hours. To date we have rejected all serious ef- on the table. The Republican Party, The chair recognizes the gentleman forts to hold back this tidal wave of red the Republican leadership has made it from Illinois [Mr. HYDE]. ink that threatens to inundate us all. clear that Social Security will not be Mr. HYDE. Mr. Chairman, I yield my- In the past 10 years, three major legis- cut. self such time as I may consume. lative efforts have sought to reverse The budget can be balanced by the (Mr. HYDE asked and was given per- our chronic deficit pattern. Two of year 2002 without touching Social Se- mission to revise and extend his re- them have failed and the third is des- marks.) curity. tined to do so. I am convinced only a Mr. HYDE. Mr. Chairman, it is clear, One of my authorities for that is the long-term permanent legal commit- judging from the minority party’s reac- distinguished gentleman from Texas ment provided by a constitutional tions, that our quest to achieve a bal- and a fine Democrat named CHARLES amendment will harness a runaway anced budget has already encountered STENHOLM. Congress in pursuit of a balanced budg- fierce resistance. This is evidenced by It should be noted that a balanced et amendment. the cascade of amendments they have budget amendment will provide greater In short, this amendment is essential offered to the legislation barring un- protection for each American’s invest- to force Congress to make the kind of funded mandates and to the balanced ment in Social Security because by difficult choices it has evaded for budget amendment itself. balancing the budget, no additional years. It is a last gasp of a fiscal policy Why this lip service to the concept, Government bonds will have to be is- Mr. Chairman, but genuine obstruction suffocating from overspending. The balanced budget amendment is a sued to finance the deficit. Thus, there to the process? Mr. Chairman, as I was will be no more borrowing from the asking, why do the Democrats give lip procedural enforcement tool. It is not a detailed plan. trust fund which truly protects the fu- service to these concepts of banning ture of our Nation’s retirees. unfunded mandates and having a bal- Much has been made about the fail- ure of our amendment to specify where In contrast, if there is no amend- anced budget amendment, but yet the ment, starting in the year 2013, the process seems to be strewn with land the cuts are going to come and when Federal Government will have to begin mines? they will be made. Mr. Chairman, I think, and this is I suggest that a constitutional paying back from general revenues the just my personal opinion, they do not amendment should never include a trillions it will have borrowed by then want a balanced budget amendment, laundry list of spending cuts. It is a from the trust funds. Congress will despite what they say, nor do they statement of general principles, not an then have to face the inevitable task of want to forego unfunded mandates, be- inventory of details. It is irresponsible raising payroll taxes and/or reducing cause it is through their mandates and for balanced budget amendment critics benefits. deficit spending that Government to demand in a single legislative vehi- The Contract With America clearly grows bigger and bigger and bigger. cle a specific balanced budget plan cov- supports senior citizens. It helps sen- The minority party has a long-standing ering the next 7 years as a precondition iors in several ways. It raises the So- romance with big Government, and un- for passing the amendment. Making cial Security earnings limit to $30,000 funded mandates and deficit spending complete and accurate spending and over 5 years. It repeals the onerous are the flowers and the candy they revenue projections covering the entire Clinton/Democrat tax increases on So- keep bestowing on their beloved. 7-year timeframe is impossible at this cial Security retirees. It provides a $500 Why do we need a balanced budget time and they know it. It would be the elder care tax credit and tax incentives amendment? The current statistics, sheerest speculation and more mislead- to help individuals purchase private ing then informative. the figures, the money, are both ines- long-term care insurance. As George Will has said, ‘‘The Con- capable and staggering. Federal debt is Not only will the balanced budget stitution stipulates destinations. It now $4.7 trillion and growing; the 1995 amendment protect our seniors but it doesn’t draw detailed maps.’’ deficit, $176 billion, and by the year will protect our children and their chil- 2005 the deficit will be, if current ex- This year as part of the annual budg- dren as well. We steal from them by penditure rates continue, $421 billion. et process, Congress will begin to iden- thrusting the metastasizing Federal As a matter of fact, Mr. Chairman, the tify what specific cuts need to be made Federal Government has run deficits in between now and 2002. Passing the bal- debt on their shoulders. We will con- 33 of the last 34 years. anced budget amendment will give tinue to commit generational larceny Mr. Chairman, interest on the na- Congress the opportunity to reexamine if we fail to reduce the debt. It can tional debt is 14 percent of Federal virtually every function of Govern- only be done with the help of a bal- spending. It is the third largest item in ment. Like the base closing commis- anced budget amendment. the budget after Social Security and sion, it will impose a systematic re- One of the most interesting lines last defense. It now totals $235 billion, and form that will force elected officials to night in the President’s State of the next year debt service will jump to $260 make those tough decisions. The result Union speech was this: ‘‘None of us can billion. By the year 2000 it will be $310 will be what the voters said they want, change our yesterdays, but all of us billion and still counting, and still a smaller, less intrusive Government can change tomorrows.’’ Well we better mounting. and more power to reside where it be- be careful how we change tomorrows, H 630 CONGRESSIONAL RECORD — HOUSE January 25, 1995 by lightening the debt on our grand- delay but acted on a budget that has any fears that Washington will cascade children’s backs or by exacerbating it. brought us 3 consecutive years of defi- Federal responsibilities to States in If we do not have a balanced budget cit reduction for the first time in mod- the form of unfunded mandates—a sce- amendment, you know what is going to ern history. nario many consider inevitable if the happen and it is no present our grand- That is the way it should be, but that amendment becomes law—are magi- children or future generations. is not what House Joint Resolution 1 is cally resolved by the imminent passage Slowing the rate of growth of spend- all about. The proposed amendment is of unfunded mandates legislation. ing is the answer. Under current poli- the epitome of ‘‘trust me’’ politics. It You’ve got to be kidding. In the 103d cies, spending will increase by 5.4-per- rightfully is the heart of the Repub- Congress I chaired the committee with cent annually over the next 7 years and lican Contract With America—because jurisdiction over unfunded mandates. total spending during that period it is all style and symbolism, and no So I know that whatever unfunded amounts to $13 trillion. We can balance substance. mandates legislation Congress passes the budget by 2002 if we hold spending Most significantly, the new majority now, can and most likely will be super- growth to about 3-percent annually. refuses to put its money where its seded with subsequent legislation pass- If we do not act, what is going to mouth is by supporting the truth in ing the responsibilities—but not the happen? The longer we put this off, the budgeting concept. Not only that, they bucks—to the States. The amendment, tougher it gets. Where will we find the blocked our right to offer that measure in fact, is the mother of all unfunded money for essential Government serv- as a perfecting amendment. Why is mandates. The only way to stop that ices and programs when the debt serv- that? Are Republicans hiding the real from being so is to say in the text of ice grows to 30 percent or 40 percent of numbers because as one of their leaders the constitutional amendment. But Re- Federal spending? How will the private said that the ‘‘Congress may buckle,’’ publicans in lockstep said no to that. sector finance business startups, job or because as one of the majority mem- They stopped us from an amendment creation, with debt service eating up bers in the Judiciary Committee said on the floor to that effect also. Start- almost half of the private investment that the ‘‘States may buckle?’’ ing to get the picture? funds generated each year? What will What I object to most is the fact that It’s great to say we’ll balance the we do when the foreigners close their I believe that its proponents, relying budget in 6 or 7 years—well after two checkbooks? largely on public opinion polls, are try- more Presidential elections—but how The American taxpayer deserves and ing to buy their budget cutting wings are we going to do it? Is defense going demands relief. We need bold action to on the cheap. And because they are not to be cut in half—even as Republicans regain the confidence of the invest- answering fundamental questions state they’ll seek increased funding? ment community here and abroad. raised by the amendment, they are Will Medicare, veteran’s benefits, stu- More dollars will be available to the selling the American people a pig in a dent loans, or agricultural subsidies be private sector. Savings rates will in- poke. Well, I am from Detroit, and we reduced and by how much? crease. Interest rates will be lower. know that when buying a car, we first That evasiveness may make for good Capital investment will be encouraged. need to look under the hood. politics but do not make for good eco- More jobs available for more Ameri- This budget is going to force over $1 nomic policy and could turn a mild re- cans. trillion in cuts, but no one will say cession into a dramatic economic If the last election did not convert from where. Will our military have to downturn. Many countercyclical enti- you, perhaps you are beyond redemp- be cut in half’’ Will Medicare be on the tlement program for instance, such as tion. But to the rest I say, seize the chopping block. Will veterans’ benefits unemployment benefits, require budg- day, and now is the day. be up for grabs? How about student etary flexibility to keep our economy Mr. Chairman, I reserve the balance loans. When we tried to provide protec- strong when its runs sour. Today a 1 of my time. tions for these programs in the Judici- percent increase in unemployment Mr. CONYERS. Mr. Chairman, I yield ary Committee, the Republicans in would increase the deficit by $57 bil- myself such time as I may consume. lockstep said no. And, yes, what about lion—both because of declining taxes Mr. Chairman, I rise in opposition to Social Security? and increasing demand for benefits. House Joint Resolution 1 and have long Upon taking office, the new majority With such a proposed constitutional opposed the concept a constitutional promised that Social Security would be amendment, the Federal Government amendment to balance the budget be- protected from the hemorrhagic budget would be forced to increase taxes or cut cause it seeks to trivialize our most knife which must surely follow if the benefits by $57 billion during an eco- fundamental document by inserting an proposed balanced budget amendment nomic contraction. This would dra- ill-defined and unenforceable promise to the Constitution passes. matically aggravate the economy, cre- about budgetary policy. The Constitu- Less than 7 days later, one of its ate economic pressures increasing tion deals with real—not illusory— chief lieutenants, the respected Judici- rather than decreasing the deficit, and promises to safeguard the rights and ary chairman, HENRY HYDE, said during generally make a bad situation far liberties of all Americans. And while committee markup of the measure, worse. many are quick to point to simplistic that Social Security couldn’t be taken Had the constitutional amendment Gallup polls indicating widespread sup- off the table because if it was, the cuts been ratified in 1991 when the recession port for such an amendment, they se- in other programs would be ‘‘too draco- combined with the savings and loan verely underestimate the real desire of nian?’’ crisis created a $116 billion shortfall in the American people to see their Gov- Senior citizens of America beware. receipts, the amendment would have ernment take real responsibility for re- The balanced budget amendment re- plunged this country into a devastat- ducing the deficit—rather than simply moves current ‘‘off-budget’’ protections ing economic contraction which would taking credit for promising to do so of Social Security and places the pro- have been bad for all our goals, includ- after two more Presidential elections gram on the chopping block. It is clear ing deficit reduction. have passed into history by the year and simple. House Concurrent Resolu- And the amendment’s failure to pro- 2002. tion 17, a Republican proposal to pro- vide definitions for ‘‘receipts’’ and Make no mistake. All Members of vide implementing legislation without ‘‘outlays’’ would only mean more this body want to see the Federal budg- touching Social Security is a mirage, chaos. Are loan guarantees or contin- et balance. Its crushing weight will totally unenforceable, without any gent liabilities of Government corpora- dampen the dreams of our children, sanction if Congress fails to do it. The tions considered ‘‘outlays’’? We do not constrain capital flows, increase inter- only way, I repeat the only way to pro- know from the text of the amendment. est rates, and exert often regressive in- tect Social Security from cuts under What about zero coupon bonds on the fluences on the economy. Only using this amendment, is to put it in the text revenue side? Does Congress have the the Constitution both tivilializes that of the constitutional amendment. prerogative to declare certain items off precious document and delays action Proponents, and particularly Repub- budget, or outside the traditional ‘‘re- for 7 years. in the past 2 years, Presi- lican proponents, are telling Governors ceipts’’ and ‘‘outlays’’ categories. It’s dent Clinton and the Congress didn’t and other States’ representatives that unclear. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 631 Further the mechanics of such an for the accountability which Ameri- tax increases and national-debt in- amendment are not spelled out. The cans have demanded in this new Con- creases. No longer will a partisan ma- budget identified in the amendment re- gress. jority be able to ram a tax increase quires only estimates of overall spend- b 1640 down the throats of the American peo- ing and revenues, which are always in- ple such as happened in August 1993. It accurate because of unanticipated eco- Mr. Chairman, I reserve the balance will require a consensus in order to of my time. nomic circumstances. So what happens achieve a tax increase or in order to in- Mr. HYDE. Mr. Chairman, I yield 4 if revenues fall short, or there are over- crease the national debt. minutes to the gentleman from Wis- ages in entitlement outlays at mid- The President last night called for consin [Mr. SENSENBRENNER]. year? Does Congress enact a supple- consensus. We have not had consensus mental appropriations bill? Does the Mr. SENSENBRENNER. Mr. Chair- man, the balanced budget amendment in these areas in the past. We ought to President impound funds despite statu- have consensus in the future, and the tory requirements to provide outlays? is a question of discipline. It is a ques- tion of financial discipline on a Con- three-fifths vote will require that con- Do the courts step in? sensus to be had. Finally, there is nothing in the pro- gress which has had none. I would hope that this amendment posal before us to explain what the en- Amending the U.S. Constitution is would pass and be sent to the States forcement mechanism will be if Con- strong medicine, and in past history with the three-fifths vote. gress fails to honor its promise to bal- has occurred only to correct defi- Mr. CONYERS. Mr. Chairman, I yield ance the budget. Do the courts step in ciencies in the Constitution, which was 5 minutes to the distinguished gentle- on their own initiative and start mak- adopted in 1787, to abolish slavery, to CHROE- ing budget decisions will-nilly? Do im- give women the right to vote, and in woman from Colorado [Mrs. S pacted States and taxpayers have the other important matters such as the DER]. right to bring suit to make Congress Bill of Rights. Mrs. SCHROEDER. Mr. Chairman, I keep its Contract with America? Does I would submit the strong medicine thank the gentleman for yielding me a sequestration procedure kick in is in order to force Congress to put this time. which would cut back all expenditures America’s fiscal house in order. Con- I appreciate your leadership on our by a fixed amount? Do the capital mar- gress has tried and failed in the past to committee. kets ‘‘go on hold’’ while the inter- put discipline on itself in a statutory I must say, as I listen to this debate, manner. national monetary system is kept in I hear people accusing this side of the In 1990 we had the Bush budget agree- suspense about whether the U.S. Gov- aisle of being political, and it would be ment with discretionary spending caps ernment will be brought to a halt? I much easier for us to say, ‘‘Oh, let us and firewalls. That lasted 3 years be- think what this amendment does is to just go along; let us just vote yes, let fore it was replaced by the 1993 Clinton pass the buck ultimately to a unac- us take up this new idea of government agreement. countable Federal judiciary whose role by windsock or government by the slo- In 1985 we had the Gramm-Rudman is not to decide how much the Amer- gan of the day.’’ Clearly we would be law, which was amended twice before it ican people should be taxed and on more popular. was repealed, because the shoe started what tax dollars should be spent. Isn’t But it seems to me that when you to pinch too hard. deal with the Constitution, we are not it ironic that one of the first promises In 1981 we had the Gramm-Latta, and talking about popularity, and our fore- of the Republican contract is to abdi- in 1978 we the Harry Byrd law that re- fathers and foremothers in the past re- cate budgetary responsibility to an- quired Congress to balance the Federal other branch of Government. Make no budget by 1981. strained themselves and did not just mistake, if the amendment is ratified, To my knowledge that law still is on throw everything they could think of critical decision about taxes and Fed- the books, and since 1981 the national into this Constitution. eral spending could be made in a secret I must say, as the ranking member debt has increased by almost $31⁄2 tril- chamber without any checks whatso- lion. So we do need a constitutional on the subcommittee that dealt with ever. amendment to force the people who this amendment, I have been shocked Do individuals affected by any of the serve in this Chamber and the one by the whole process. As we saw today above courses of action have the right down the hall to start reducing the in the rule, they had to waive points of to sue? Much of our information about Federal budget deficit to zero so that order because of some of the violations the level of outlays on the mandatory we do not mortgage our children and that went on during the markup, im- side of the budget are not even cal- grandchildren’s future. proper notice, the problems we had of culable until 3 months after the fiscal It is no secret that many of the most not having, or of having very short year. vocal opponents of the balanced budget hearings. We had less time to mark In the past weeks the Republican amendment have big-spending records this bill up than it takes me to make a leaders have publicly admitted that on issues of taxing and spending, and costume for my children for Halloween. they will not spell out what cuts will they are the ones that do not want to You know, I always thought of a con- be necessary to bring the budget into put this constitutional discipline on stitutional amendment as being real balance because Congress’ knees would the House of Representatives so that serious. Yet it was like, ‘‘No, no, no, we buckle, or because the States’ knees they can go on spending as usual. have got to have it out here, we have would buckle or because the American The time has come to put a stop to got to have it now because it is on our taxpayer’s knees would buckle. Well that, and that is why House Joint Res- slogan, and there was some ad or some- buckle or not, the American people olution 1 should pass. thing in a TV journal and we have got have a right to know. And the amend- Now, tomorrow the biggest item of to have it now.’’ So here we are. ment I will be offering later will re- controversy will be the three-fifths quire Congress to specifically enumer- vote that would be required both to b 1650 ate how it will eliminate the deficit in raise taxes and to increase the national the next 7 years before it will go into debt. I favor a three-fifths Some of the amendments that we effect. supermajority in both cases and hope never dealt with in committee I think Well, do not fear: By passing the that the House of Representatives will are the most serious amendments of all amendment before us, we are on a approve it. and go right to the core of this amend- ‘‘glide path’’ to a balanced budget, be- Why should we not make it harder to ment. There are things like who has cause that’s what the Republicans increase taxes on the American people standing to sue. Now, that sounds like say—but do not vote to specify—about and to raise the national debt? We a technical thing. Obviously, the aver- the effect of the proposed amendment ought to do that so that a balanced age guy is not too interested in it. Un- after only 2 weeks of consideration by budget amendment simply is not com- less you can figure out what standing Congress. plied with by increasing taxes. to sue means, it is finding out can any- This effort is not serious, and by its But also a three-fifths supermajority body enforce this thing. Are we passing snake oil promises, does not augur well will require bipartisanship for future something and throwing it into the H 632 CONGRESSIONAL RECORD — HOUSE January 25, 1995 Constitution, and if the President has have not been joined by very many peo- et that will free us all, including our an unbalanced budget or we have an ple and have been beaten up for doing citizens, for the enterprise of the fu- unbalanced budget, something can be that. But that to me is what our mis- ture. done about it? sion is, trying to assess that angle. And Mr. CONYERS. Mr. Chairman, I yield Then I think the American people putting it in the Constitution or de- 3 minutes and 45 seconds to the former can be mad about it; we cluttered up mand we do a crash into the Constitu- Chair of the Subcommittee on Crime, the Constitution and nobody had any tion is not where I think we want to the gentleman from New York, enforcement. But we never got to the go. CHARLES SCHUMER. issue of standing. In fact, most of the Mr. HYDE. Mr. Chairman, I am Mr. SCHUMER. I thank the gen- witnesses said they felt, the way this pleased to yield 3 minutes to the dis- tleman for yielding this time to me. was drafted, no one had standing. So I tinguished gentleman from Pennsylva- Mr. Chairman, I rise in opposition to have real questions as to whether this nia [Mr. GEKAS]. the amendment, the Barton amend- is really worth anything. (Mr. GEKAS asked and was given ment, the amendment that is on the Then, second, if you got over the permission to revise and extend his re- floor. standing hurdle and somebody could marks.) You know, ladies and gentleman, I challenge this and it went to court, Mr. GEKAS. I thank the gentleman guess the balanced budget amendment what could the court review? for yielding this time to me. is something that the closer you get What we are saying today is the Mr. Chairman, I rise in support of the the worse it looks. Presidents have not been able to bal- balanced budget amendment, and I do You look at a couple of lines, ‘‘let us ance the budget, we have not been able so for several apparent and vivid rea- have an amendment in the Constitu- to balance the budgets, so now we are sons. tion to balance the budget,’’ and every- going to give it to the courts. The First, just to put it in the Constitu- one says, ‘‘Great idea, let’s do it.’’ courts have the right to decide we are tion and have it as a discipline for the Then you look at the mechanism of leaning too heavily on defense and can Members of Congress is reason enough how to do it, and it does not look that take it away? Or do the courts look at to support the balanced budget amend- good. our estimates? What do the courts do? ment. But if one looks at it more ana- And, finally, you look at the specific Of course, we never got to those lytically, one will find even additional proposal and the kind of cuts that it amendments. That was one of the over rationale for strong support of this would entail, and it looks very bad al- 20 amendments sitting at the desk that amendment. together. My guess is that a number of we never got to. In my judgment, and it has been said the strategists on the other side who Are insurance funds in this? Yes. You in various ways throughout the parts have put together this amendment buy crop insurance, you think you of the debate that have preceded this, hope it fails. It is a great campaign have got crop insurance. Surprise, the our Social Security funds, our trust issue: ‘‘We are for a balanced budget money goes to balance the budget. So- funds to which there has been ref- amendment.’’ But there is no way to do cial Security funds are on the table, as erence, our pension system, our budg- this amendment even if you should we well know from the prior debate. etary problems, our deficit, everything take our advice and leave Social Secu- Let us be honest, they are on the table. is on the table and will be helped when rity off the table, without decimating So are all the trust funds. we reform a balanced budget. Social programs like Medicare, like transit, You pay for gasoline, and you think Security, actuarially, will be even et cetera. that tax is going to buy highways. No, more sound than it is today. Veterans’ I believe we must balance the budget. we are going to put it into a budget benefits will stay in place and be But I believe we should be on a gradual balancing. Maybe that is what we strengthened when we reach that bal- glide path down, not a severe drop and should be doing. But we ought to tell anced budget. So why do we clamor for not a constitutional amendment that the American people what we are a balanced budget? To solidify our mandates that once you are in there doing. economy, to stabilize our debt situa- you can never get out. But let me tell you the real reason I tion, to make it possible in the near fu- I talked to a number of financiers on do not think this belongs in the Con- ture, 2002, borrowing power on the part Wall Street, ‘‘Wait until we are able to stitution: I was one of the Members on of citizens will be greater. Mortgaging make the cuts.’’ And yet we are unable this side, and there were only Members and lending that will allow the build- to raise the debt ceiling. This nearly on this side, who voted for the last ing of homes and the building of busi- happened a few years ago, and Wall budget, the last few budgets that have nesses will be made easier once a bal- Street tremored. Wait until it happens brought this deficit down. It is easy to anced budget has arrived. now. deplore the deficit, but we do not find Why? Because everyone in America The people who devised this amend- very many votes to vote for real cuts knows that when the Federal Govern- ment did not really know what govern- that really turn it around. We prefer ment comes to a point that it will ment is all about. They did not think it rhetoric to reality. cease to borrow from the private sector through. They did not go step by step So, being one of the realists who in order to finance debt, then that by step. They rather said, ‘‘Let’s find voted to bring it down, and also being money no longer required by the Fed- something that sounds good. The polls an airplane pilot, let me tell you what eral Government because we have back us up. Eighty percent of America I feel our challenge is in this body. reached a balanced budget, that money are for a balanced budget amendment.’’ Every year when we do a budget, it is will remain in the private sector. And But when told it would cut Medicare by like bringing an airplane down to the lo and behold, the banks and lending about one-third, which is about the cut ground. We are trying to bring the defi- institutions and all who are interested that I understand the majority on the cit down to zero, but we know we can- in the availability of private capital Budget Committee are considering, 76 not bring it down to zero, blam, or we for creation of jobs, for reduction of percent say, ‘‘No, forget about it.’’ So I crash just like an airplane. unemployment, for increasing workers’ say to the Members on our side who We were up in the airplane, and we benefits, for then considering the rais- know it is a bad idea but are a little want to bring it down to the ground, ing of the minimum wage, all those worried about opposing the big head- boom. No. You have to find a way to other matters that come with prosper- line-grabbers, just wait, the closer the bring an airplane down, just as we try ity will be given a yeoman’s chance if scrutiny, the closer we get to actual- every year to find what is the right we reach—and I say when we reach— ity, the less good this idea will be. angle of descent for this deficit so that the balanced budget in the year 2002. I think, in fact, that if you wanted to we do not throw this economy into a We must balance the budget not just make sure our side retakes the major- spiral or into a tailspin and have a de- to insert into the Constitution, as val- ity, make sure the balanced budget pression. And yet we also are able to uable as that is, the language of bal- amendment becomes law, and a few bring the deficit in the right direction. anced budget, but rather to do so for years after that we will have total Many of us have been voting for what the spirit of America in reaching finan- change and total revolution. Good poli- we thought was the right angle and cial sanity through the balanced budg- tics, maybe on the surface, although I January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 633 say ‘‘no’’ after a long period of time. colleagues, ‘‘Well, if you asked yourself Colorado [Mr. SCHAEFER] did, but not Good substance? No way. what happened, you probably guessed other Members. Mr. STENHOLM. Mr. Chairman, will it. We got the tax increases, but we We have a lot of rhetoric on this floor the gentleman yield? never got the spending cuts.’’ today that has no standing with re- Mr. SCHUMER. Mr. Chairman, I And history repeated itself in 1983 be- ality, and I would hope in our biparti- would be happy to yield to my friend, cause the same kind of arrangement san spirit we could start understanding the gentleman from Texas [Mr. STEN- was arrived at with the same kind of that we are serious, in the serious HOLM], who has pursued this with such results, and then in the middle of the mode now, regarding amending the sincerity and is one of the few who is 1980’s we passed the Gramm-Rudman Constitution of the United States, and willing to make the tough cuts re- bill, and the Gramm-Rudman bill just as my colleague stated on the floor quired and who supports this amend- began to work, and we began to see the a moment ago that CHARLIE STENHOLM ment. level of spending ratchet down, even if is for cutting Social Security, that is Mr. STENHOLM. Mr. Chairman, I it was ever so slowly, but, as it not true. I voted against the previous was just going to ask for a point of ratcheted down, it became very painful amendment for the merits of the clarification because I wanted to be to make those spending cuts, and we amendment. I am not for cutting So- sure that I did not hear the gentleman repealed the Gramm-Rudman bill. cial Security one penny, and no one saying that those who support the bal- Then our next major effort in 1990 can ever find anything in the RECORD anced budget amendment do not have a was when George Bush got together that suggests that our amendment that plan or cannot get there. I would take with the Democrat leadership, and we will offer tomorrow does that ei- very strong exception to that on behalf went out to Andrews Air Force Base, ther. But yet the rhetoric flows free in of a lot of folks on both sides of the and came back here with a deal and this House today, and that is what is aisle. We do, and we can, and we will. said, ‘‘We’re going to have a $170 billion wrong with the political rhetoric in- Mr. SCHUMER. I would say to the deficit remaining in 1995,’’ and that volved in this issue. gentleman that my guess is I certainly happens to be this year, ‘‘if we don’t do I am pleased to stand here today and think the gentleman understands the something,’’ and we imposed—I did not, rise in support of sending to the States severity of the cuts. He is willing to cut Social Security—— but the House collectively imposed— an amendment to the Constitution. I Mr. STENHOLM. No, sir. the largest tax increase in the history have not come to this position lightly. Mr. SCHUMER. My guess is 90 per- of our country on the American people I have come reluctantly because I cent of the supporters of the balanced to solve the deficit problem. Well, it would rather be doing almost anything budget amendment are not. Once we did not do it either. than amending the Constitution for have taken Social Security off, the And in 1993 President Bill Clinton any purpose, but I am convinced that cuts are at least one-third. came to the House and said we have to we must do so for the reasons that we I make the point that my analysis is, do something about the deficit, and will hear amplified over and over. But and I think it is uncontroverted, that once again we raised taxes, once again I have three simple reasons for wanting it would require about a one-third cut the biggest tax increase in the history to amend the Constitution for purposes in all discretionary programs. I do not of our country imposed on the Amer- of requiring a balanced budget. Those think most people are willing to take ican people, and guess what? Next year reasons are Chris, Cary, and Courtney that kind of cut. our projected deficit is not $170 billion Ann, my three children, and I have just Mr. HYDE. Mr. Chairman, I yield 3 which was projected in 1990. It is $180 this month learned that by the end of minutes to the gentleman from New billion. August, God willing, I will have a Jersey [Mr. SAXTON]. So, Mr. Chairman, not only did we fourth reason: our first grandchild. Mo- (Mr. SAXTON asked and was given not take the easy out to increase taxes, tivations do not come much stronger permission to revise and extend his re- but it also can be said quite clearly, ‘‘It than that. marks.) didn’t work. Our Constitution has always, in large Mr. SAXTON. Mr. Chairman, this is Now this is bad tax policy, creates a measure, been about protecting the un- truly an historic debate, and I do not lot of bad things, and particularly it represented from the abuses of govern- think there is any question about has a bad effect on our economy, and I ment. The threat to unrepresented, fu- where the sentiment lies in this House know that we like to do things around ture children from continued deficit relative to a balanced budget amend- here on a bipartisan basis, and I know spending is the type of governmental ment. I think there is a huge majority that if the three-fifths provision abuse appropriately proscribed by the that favor a balanced budget amend- passes, Mr. Chairman, it will pass on a Constitution. This point was made by ment, probably 300 or more Members. bipartisan basis. Thomas Jefferson who said, ‘‘The ques- The question is which one will we sup- So, I look at the history of tax in- tion whether one generation has the port. Will we support a balanced budget creases, look at the effect that they right to bind another by the deficit it amendment that makes it easier to have had on our deficit, and I ask for imposes is a question of such con- raise taxes, or will we support a bal- support for the three-fifths provision. sequence as to place it among the fun- anced budget amendment that makes Mr. CONYERS. Mr. Chairman, I yield damental principles of the govern- it more difficult to raise taxes to ac- 3 minutes to the gentleman from Texas ment.’’ complish the goal that we want to ac- [Mr. STENHOLM]. Our bipartisan, bicameral consensus complish? (Mr. STENHOLM asked and was balanced budget amendment that the I favor the bill that was reported given permission to revise and extend gentleman from Colorado [Mr. SCHAE- from the Committee on the Judiciary. his remarks.) FER] and I will offer tomorrow we be- It requires a 60 percent majority, or Mr. STENHOLM. Mr. Chairman, just lieve is based exactly on the same prin- three-fifths, in order to raise taxes to as I felt compelled to challenge the ciple as the rest of the Constitution. It balance the budget, and I have come to statement of my colleague from New will protect the fundamental rights of that conclusion after looking, at great York regarding those of us who support the people by restraining the Federal length, to what has happened in our ef- the balanced budget being unwilling to Government from abusing its powers, forts to balance the budget over the make the tough cuts, I found it very, from borrowing money day after day as last couple of decades. very difficult to restrain myself from we incessantly debate who is for cut- In 1991, Mr. Chairman, the Democrat the gentleman from New Jersey [Mr. ting spending and who is for raising leaders of the House, the Democrat SAXTON] a moment ago in asking for taxes. The easiest vote for any of us to leadership of the House, and the Repub- time because, when I look at some of cast is to vote ‘‘no’’ on everything and lican President got together, and they the tough votes that were cast last watch the deficit go up. worked out an arrangement where we year, like the Solomon amendment on The amendment which I introduce with Rep- would have a tax increase, and for the budget, he did not vote for it. When resentatives DAN SCHAEFER, JOE KENNEDY, every dollar of tax increases we would I look at the entitlement cap, he did MIKE CASTLE, L.F. PAYNE, NATHAN DEAL, and have $2 in spending cuts. I say to my not vote for it. The gentleman from 132 others on January 4, the amendment now H 634 CONGRESSIONAL RECORD — HOUSE January 25, 1995 numbered House Joint Resolution 28, is con- There are three fundamental tests of wheth- and necessity of adding a balanced sensus language that has been developed er an amendment will provide effective fiscal budget requirement to the Constitu- over the past decade. discipline and is an appropriate addition to the tion. This same language was introduced on Constitution. First, an amendment must have The Constitution both enumerates opening day as Senate Joint Resolution 1 by enforcement to make it more difficult for Con- and limits the powers of the Govern- Senate Majority Leader DOLE, Senators PAUL gress to borrow money. Second, the amend- ment to protect the basic rights of the SIMON, LARRY CRAIG, HOWELL HEFLIN, ORRIN ment must not include any loopholes that people. The Framers of the Constitu- HATCH, and others. Obviously, this language could be used to circumvent the amendment. tion saw balancing the budget and has strong bipartisan, bicameral support. Finally, a constitutional amendment should be promptly repaying debt as moral im- Requiring a higher threshold of support for timeless and reflect a broad consensus, not peratives fitting squarely within that deficit spending will protect the rights of future make narrow policy decisions. framework. Permitting the Govern- generations who are not represented in our Let me first address enforcement. Allowing ment to abuse its power over debt was political system but will bear the burden of our Congress to waive the balanced budget re- not simply considered economic folly, decisions today. quirement by a majority vote would gut the but a violation of a basic right of the The language of the Schaefer-Stenholm amendment. To be effective, an amendment people—the right to be free from the amendment is the product of years of careful must require a substantially higher threshold massive indebtedness of a wasteful gov- review and refinement. The amendment has of support to deficit spending. A requirement ernment. been improved over the years based on the for a super majority vote to increase the debt Our Constitution currently protects advice of Constitutional scholars, budget ex- limit is critical to ensure that gimmicks are not the people from the excesses of Govern- perts, numerous Members of Congress, and used to circumvent the amendment. ment that might infringe on their free- others. Changes were made in the amend- Second, taking the Social Security trust fund doms of religion or speech, right to ment to address criticisms that were raised in or capital expenditures out of budget calcula- keep and bear arms, be secure in their the numerous hearings on the amendment. tions would open up a tremendous loophole in persons, homes, and papers and other This exhaustive review process has produced the amendment. This loophole makes it pos- rights. In exactly this same spirit, the an amendment that is workable, flexible, and sible for the Government to fund any number balanced budget amendment would enforceable. of programs off-budget by redefining them as protect the American people—today and in future generations—from the I do have some concern that the hearings Social Security or capital expenditures. This would make the constitutional amendment burdens and harms created when a held in the Judiciary Committee this year were meaningless. Government amasses an intolerable just the start of any such review on the lan- Finally, we must ensure that the language of debt. guage incorporated in House Joint Resolution any approved amendment passes constitu- Amending the Constitution means 1. Nonetheless, I have always supported my tional muster. A balanced budget amendment dealing with the most fundamental re- friend and colleague, JOE BARTON, in his effort reflects a consensus that Congress and the sponsibilities of the Government and to bring this language before the House of President should set priorities through the reg- the broadest principles of governance. Representatives. I included his amendment in ular legislative process. Items such as capital Scaring up special interest opposition every discharge rule which I filed in each of budgeting, the treatment of the Social Security only cheapens the debate and drags the the past three Congresses. I also know that trust fund, and specific budget plans represent Constitution through the gutter of pol- JOE is sincere about his desire to reduce the narrow policy issues on which there is not itics. Federal deficit. JOE was one of the 37 brave necessarily a consensus. These issues do not Demanding to see specific spending souls to vote for the entitlement cap amend- belong in the Constitution. It would be particu- cuts before supporting a balanced budg- ment I offered last year. larly inappropriate to place the concept of cap- et amendment is little more than a The horrors conjured up when opponents ital budgeting in the Constitution when there is poorly supporting a balanced budget talk about balanced budget Constitutional no consensus on what should be included in amendment is little more than a poorly amendments are not really aimed at those a capital budget. disguised argument against a balanced amendments, but rather against what those We face a historic opportunity to add a budget itself. It is like demanding a amendments will require: significant deficit re- solid, credible, meaningful amendment to the list of every kind of speech which will duction. To those who assert that deficit re- Constitution, at last responding to Thomas Jef- be protected before agreeing to support duction will wreak havoc on the economy, I ferson's concerns. I urge my colleagues to the first amendment. must ask, ``What do you think the deficit is take responsibility for the future we will hand Mr. Speaker, the freedom from the doing to our economy?'' More importantly, our children and grandchildren. Vote for the harms of excessive Government debt, what do you think it will do to the lives of our balanced budget amendment. like free speech, is a right of the people grandchildren? Mr. HYDE. Mr. Chairman, I yield 5 that is absolute, not contextual. Reaching a balanced budget will require dis- minutes to the gentleman from Colo- There are literally hundreds of plans cipline, but it is a far cry from the doom-and- rado [Mr. SCHAEFER]. to balance the budget out there—one, gloom scenario portrayed by many opponents (Mr. SCHAEFER asked and was given in fact, for every Member of the House of the constitutional amendment. Federal permission to revise and extend his re- and Senate. There are countless ways spending is increasing now at about 5 percent, marks.) to balance the budget. What is lacking or about $75 billion per year. Trimming that Mr. SCHAEFER. Mr. Chairman, in is an overriding moral imperative— growth in spending to 3.1 percent would bal- the years I have watched this body at backed up with the might of the Con- ance the budget by fiscal year 2002. work, I have concluded that only a con- stitution—to force consensus. But the hard truth is that the budget won't stitutional amendment requiring a bal- After all, if we could have consensus be balanced without passing the amendment anced Federal budget will force the on how to balance the budget right first. consensus necessary for real deficit re- now, we would not be needing to debate I am committed whole-heartedly and single- duction. a constitutional amendment. mindedly to passing the constitutional amend- Opponents of the amendment are Mr. Speaker, the primacy of fiscal re- ment which can garner two-thirds support in pressing its supporters to present a sponsibility in the Government’s af- the House, two-thirds support in the Senate, plan to eliminate the deficit at the fairs, once taken as an unwritten and ratification by three-fourths of the States. same time Congress considers the given, should be explicitly returned to With the House scheduled to consider six amendment itself. its rightful place among America’s different balanced budget amendment propos- The debate over amending America’s first principles. I urge my colleagues to als from Members covering the political spec- founding document should not be a di- support the balanced budget amend- trum, it is clear that the overwhelming majority visive quarrel about narrow special in- ment. of the House supports the principle of amend- terest spending programs, as opponents b ing the Constitution to mandate a balanced are seeking to make it. Rather, I be- 1710 budget. The question therefore is not whether lieve the discussion should be elevated In closing, I would say that I want to we should pass a balanced budget amend- above politics, to a thoughtful and long give a lot of credit, much credit, to my ment, but whether the amendment that we over due discussion of the more fun- good friend, the gentleman from Texas pass will be effective and enforceable. damental issues of the appropriateness [Mr. STENHOLM] and his work over the January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 635 years, as well as all the other people vestments that will save operating In fact, it was precisely this weakness with who have worked on this specific issue costs in the long run. the Articles of ConfederationÐits requirements so long and so hard. And over the years Finally, the effort to fashion an es- for supermajority votes in Congress to make we have been able to sort out the argu- cape clause for national security: Is basic budgetary decisions, and the resulting ments that would be rallied against the ‘‘an imminent threat to national secu- national paralysisÐthat led to the convening language of the amendment that the rity’’ going to be whatever a future of the Constitutional Convention and the draft- gentleman from Texas [Mr. STENHOLM] Congress says it is, or are we again in- ing of the Constitution. In that Philadelphia and I have proposed. viting the Judiciary to get involved? I convention, the delegates repeatedly consid- Mr. WATT of North Carolina. Mr. do not know. No one can know. It is an ered, and rejected, proposals to require a Chairman, I yield 3 minutes to the gen- invitation to an intrusion by the Judi- supermajority for action by Congress, either tleman from Colorado [Mr. SKAGGS]. cial Branch that is absolutely inappro- on all subjects or on more subjects than the Mr. SKAGGS. I think the gentleman priate. five eventually specified in the original Con- for yielding. We evidently are not going to deal stitution. Those are for overriding a veto, rati- Mr. Chairman, we are engaged in par- with these very substantial problems. fying a treaty, removing officials from office, ticularly serious business this evening. My prayer is that our colleagues in the expelling a Representative or Senator, and In the 206 years of the Republic we State legislatures, with the time that proposing amendments to the Constitution. have amended the Constitution some 27 they will have to examine the rami- Amendments to the Constitution later added times. There have been over 11,000 pro- fications of this, will find the faults two others: restoring certain rights of former posals. and turn this down. rebels, and determining the existence of a Yes, indeed, we need to bring the Today we are being called upon to take the Presidential disability. None of those constitu- Federal budget, the operating budget of extraordinary step of amending to the Con- tional requirements for a supermajority threat- the Federal Government, into balance. stitution. In the 206 years that this Nation has en the basic functioning of the Government It is not a question of whether we do it, been governed by that charter of our democ- the way the three supermajority requirements but how we do it. We need to do it racy, about 11,000 possible amendments to it of the Barton amendment would. through a sensible process, not through have been introduced in Congress, with only It's not difficult to imagine the problems that an amendment to the Constitution 27 approved. There's good reason for this that I believe will prove unworkable conservative approach to our Constitution. could be created. In the midst of a recession and detrimental to the national inter- Amendments to the Constitution must be pre- or some other national emergency, an attempt ests. And let me explain why I think sumed to be for all time. to raise the debt ceiling or raise additional rev- the proposals that have been brought It isn't just a reverence for the document as enue could be supported by strong majorities to the floor will run into those kinds of now constituted, however, that leads me to in both bodies, but be blocked by a minority of problems. oppose the proposed amendments before us only 41 Senators, aligned by some particular First, those proposals with today. I do consider it essential to get our regional interest or political ideology. supermajority requirements: The rea- Government's financial house in better order, Imagine a situation in which a badly needed son we have a Constitution is that the and I have devoted much of my effort here in measure was blocked by the Senators of the Articles of Confederation required Congress to that end. But to achieve that end 21 least populous States. Senators from supermajorities for spending and tax- I am not willing to sacrifice the ability of our States with fewer than 30 million peopleÐless ing decisions, and they proved unwork- Government to function. We must act to elimi- than 12 percent of the countryÐcould effec- able and brought the early version of nate the deficit, but not by putting shackles on tively thwart the will of the remaining 88 per- this Nation into gridlock. We should the democracy. To varying degrees, that is cent. The amendment, in short, would give ex- not repeat that mistake by passing an what each of the six versions of a balanced aggerated power to small States, and would amendment that would give 41 Sen- budget amendment before us today would do. effectively give 41 Senators the power to hold ators, theoretically representing only Each would create more problems than it the country hostage. Recent experience gives 12 percent of the people of this country, would solve. us plenty of evidence that there are those who the power to bring Government to a Let me illustrate in five ways. are willing to do so. grinding halt. To begin with, the amendment proposed by We can't let this provision, which is essen- Second, the enforcement problem: Representative BARTON and supported by the tially an act of political gamesmanship, back The amendments that are before us are Republican leadership, would require a three- us and future Congresses into a legislative silent on how we deal with living up to fifths vote in both the House and the Senate corner that would be difficult, if not impossible, the promise that we are making. Now, to approve an unbalanced budget, raise more to get out of when our country most needs de- some assert that the courts could not revenue through taxes, or borrow more cisive and timely action. get involved. I have no reason to be- money. This would be constitutional lunacy. It A second major problem with all the dif- lieve that that is the case. The courts violates the basic constitutional principle of ferent versions of a balanced budget amend- have authority under the Constitution majority rule and would effectively place con- ment before us today is the possibility that ju- to deal with matters arising under the trol of the budget in the hands of 41 Sen- dicial interpretation and enforcement of an Constitution. Do we really want atorsÐwho might represent as little as 12 per- amendment could turn basic taxing and unelected and unaccountable judges cent of the American people. spending decisions over to unelected judges. making decisions about spending and All of us, I believe, recognize that there are If a deadlock in Congress or some other de- taxation? times when it will be necessary to spend velopment were to lead to an unbalanced Third, these proposals depend upon more, to tax more, or to borrow more. We budget, no enforcement mechanism has been budget estimates, notoriously— could not have won the Revolutionary War, or specified to resolve the issue. I would hope through our recent experience—prob- World War II, or the cold war, without doing that this would not lead to the Federal courts lematic and unreliable, and especially so. It can be hard enough here to achieve a stepping in and writing budgets, cutting spend- difficult when the economy may be simple majority vote on budgetary matters. ing, or raising taxes. But that possibility is not going into recession. Recall when we That's the nature of a representative democ- ruled out by any of the texts before us. And were dealing with 1981 with the fiscal racy, which is inherently constrained in making therefore, the general authority of the courts to 1982 budget, the Reagan administration decisions. consider cases arising under the Constitution estimated growth of 4.2 percent. That To raise the threshold for a decision by re- would apply. Anybody who is concerned about year ended up going into recession, a quiring three-fifths supermajorities in both the unelected judges making decisions that should decline in GDP of 1.9 percent. What House and the Senate is a prescription for be left to elected legislatures should be greatly would that have done if this amend- gridlock and failure. As a practical matter this alarmed about this possibility. ment were in effect? amendment would act as a straitjacket in A third concern is an example of subtler, but The distinction, fourth, between cap- those times when swift action will be most no less troubling, problems of definition and ital and operating: We need to be able needed. We could well be stuck with a policy- workability. to make investments. This amendment by-default that would turn an economic down- We should ask ourselves, for instance, hamstrings any ability of the Congress turn into a depression, or a manageable threat about the meaning and effects of these words in the future to make the necessary in- to our security interests into a major conflict. that appear in both the Barton and Stenholm- H 636 CONGRESSIONAL RECORD — HOUSE January 25, 1995 Schaefer versions: that deficit spending is pos- ways I would amend them in a respon- We’ve reduced the rate of increase in sible only if the United States faces ``an immi- sible manner to make them more work- most entitlements, and actually cut nent and serious military threat to national se- able and legitimate. I found two ways some. It would truly be a shame if, at curity.'' Would this be a Grenada-type situa- to amend—to improve—the six versions this promising moment, we were to tion? Panama? The Gulf War? What about before us today, to reduce or eliminate wave the rhetorical wand, pass this times of national economic crisis, or major nat- the problems that I see with them. Un- amendment, and allow ourselves to be- ural disasters? How can we respond in times fortunately, the Rules Committee de- lieve that we’ve won the battle, only of crisis if the Constitution itself tells us that cided not to let me offer any of those awaiting State ratification of that we cannot so act? amendments. amendment. Rather, there can be no A fourth problem has to do with the inherent My first proposed change would have letup in the hard work needed to weakness of budgetary estimates on which all made it clear that the courts would not produce sensible budgets, with reduced of the proposed amendments rely. The level of be brought into budget writing by liti- deficits, over the next several years. accuracy we've seen in revenue and spending gation on the enforcement of a bal- In the end, we should be mindful that projections is rarely equal to the job of making anced budget amendment. I would have when we amend the Constitution, his- budgets to which we must adhere, on penalty done so by adding a clause stating, tory will judge our actions with an es- of judicial enforcement, during the course of a ‘‘Neither the judicial power of the pecially critical eye. The Constitution fiscal year. There are Members here who well United States nor of any State shall grants primary responsibility for the remember 1981, when we started to dig this extend to any case arising under this budget to Congress for a reason: the de- deficit hole in earnest. The first Reagan budg- Article.’’ cisions we make ultimately reflect the et rosily forecast economic growth of 4.2 per- We should make it clear in this way, needs and preferences of the people we cent in the year ahead. The economy, appar- I believe, that a balanced budget represent. The progress we’re finally ently not in a mood to obey the President, pro- amendment doesn’t turn into a whole- making is proof of the ability of this ceeded to decline by 1.9 percent. sale abdication of Congress’ basic re- body, at its best, to discharge its re- The relevant lesson is that when we make sponsibility, as the people’s elected sponsibilities. We must continue and projections, often 18 months or more into the representatives, to make the final deci- strengthen the discipline recently future, our actions are based on economic sions on vital budget choices. It is irre- shown here. That is the best way for us models that are not perfect. And a lot can sponsible of us to create any possibility to honor both our fiscal responsibility happen in the space of only 18 months to of letting these choices be assumed by and our obligation to preserve and pro- overtake the best projections. Given the dif- unelected judges, and any amendment tect the Constitution. ficulty we would face in marshalling the to the Constitution should clearly I urge my colleagues to continue the supermajority required for us to take corrective state that it is Congress that will con- hard work we’ve already begun to dis- action, a balanced budget amendment could tinue to be responsible and accountable cipline our spending habits and reject well leave us stranded. for the Federal budget. the seductive and popular gimmickry Finally, it's impossible to make the invest- The second amendment I tried to be of these balanced budget amendments. ments we need in roads, bridges, airports, and able to present to the House was an al- Mr. HYDE. Mr. Chairman, I am the rest of the facilities that are vital to our ternative, simple amendment stating pleased to yield 3 minutes to the gen- economic health if we don't differentiate be- that Congress must pass a budget in tleman from California [Mr. tween an operating budget and a capital budg- which ‘‘total operating expenditures CUNNINGHAM]. et. Families, businesses, and State and local .. . for any fiscal year shall not exceed Mr. CUNNINGHAM. Mr. Chairman, governments can do that, the Federal Govern- total operating receipts’’ except in for 40 years, 40 years, this body failed ment should also have that ability. times of national security or economic to pass a balanced budget amendment. Balancing an operating budget makes emergency, as determined by majority No line-item veto. And yet the Gep- sense. That's the kind of balanced budget vote. It also would have required the hardt bill tries to scare you with the States are typically required to achieve. The President to send Congress a budget in Social Security card. more difficult issue is capital spending and in- which total receipts exceed operating Well, if you are so concerned with the vestment: something that all States, munici- expenditures for every fiscal year, and Social Security card, all those arguing palities, and individuals borrow to do regularly would have given Congress the power with the gentleman from Missouri [Mr. when they build a bridge or buy a house. We to enforce and implement the provision GEPHARDT], then why not support the regularly borrow from future revenues to invest by appropriate legislation. three-fifths to raise taxes, because it in future well-being. By effectively prohibiting This alternative would have avoided would take a three-fifths vote to in- borrowing for investment on the Federal level, the gridlock of supermajority require- crease the tax on Social Security. we'd force a wholesale shift in investment re- ments, would have left us with the But no, it is smoke and mirrors. You sponsibility to the States and localities. Or flexibility to make capital invest- want to raise taxes at will. You want worse, we'd force a foolish limit on needed in- ments, and would have placed the bur- to be able to pass on unfunded man- vestment that would only increase operating den on Congress to find the appropriate dates, the big tax and spenders. I would costs in the long run. mechanisms to enforce the new bal- say there is not a Member of the Black Each of the proposed amendments be- anced operating budget requirement. Caucus except the only Republican fore us now all fail for one or more of I’m not sure that even this would have that did not vote in the last Congress these reasons. That is why I have to re- ultimately proven acceptable in light to increase the taxes on Social Secu- ject all of them. But let no one mistake of my serious reservations about rity. No Republican voted for it. There my rejection of these proposals for a amending the Constitution, but this is not a Member that is arguing here desire to keep the budget unbalanced. simple approach certainly would be far today, except maybe the gentleman The Federal deficit, which has more less troublesome than any of the other from Texas [Mr. STENHOLM], that did than quadrupled since 1980, continues choices we face today. not cut Medicare by $56 billion, and not to act as a drag on the Nation’s econ- I’m deeply concerned, all of us are, a penny went for health care. Why? Be- omy, compromising our efforts to deal about the growing national debt. It has cause not a single Republican or Demo- with our fiscal problems and indentur- brought us to this point, where we con- crat voted for it in the Committee on ing our children, and their children, for sider exercising one of our most solemn Ways and Means. decades to come. powers, the power to amend the Con- Do you get the picture? Why not vote I do understand why most people be- stitution itself. for Gephardt? Because GEPHARDT kills lieve that the moral authority of the The irony of this is that after a dozen the rule of three-fifths in his bill to Constitution is necessary to force us to years of profligate spending, we’re fi- raise taxes. He kills the limitations to act to correct our fiscal problems. And nally moving in the right economic di- raise the debt ceiling. They want to be I know that the pressure to pass some- rection. Over the past 2 years, we’ve fi- able to raise the debt. Does that tell thing will likely lead to a proposed nally achieved a level of fiscal dis- you something about the real issue on amendment being passed by the House. cipline that hasn’t been seen around the balanced budget amendment? So I tried to examine the proposals here in a long time. We’ve approved a What about the limit on cutting being put forward to see if there were hard freeze on discretionary spending. spending. GEPHARDT kills that. And January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 637 that is why we do not support it. And My constituents in northern Michi- Mr. Chairman, it is my strongest be- we are asking him to support the gan understand that balancing the lief that the tax burden placed on our three-fifths that would stop those budget will require difficult choices society has created the circumstances I things and also the unfunded man- and painful cuts. Almost to a person, have mentioned. As a result of raising dates. they have indicated to me that they taxes, we have decreased the ability of Why does the gentleman from New are willing to make the tough choices. the American people to save and in- York [Mr. SCHUMER] and the gentle- But people in Michigan also understand vest, thereby damaging our economy. woman from Colorado [Mrs. SCHROE- a promise. Simply put, cutting Social Mr. Chairman, it makes it difficult DER] and the gentleman from Missouri Security is the same as cutting the for someone to save and invest when [Mr. GEPHARDT], the last Congress they Federal Government’s credibility. So- they wake up every morning knowing voted to cut Medicare, they voted to cial Security is not just statistics—it that Congress is making them work cut Social Security, and they also is the only thing which stands between from January to May to pay their voted to increase the marginal tax rate thousands of elderly Americans and taxes. of every middle-income American. All true poverty. In Michigan, more than Clearly, Mr. Chairman, raising taxes of them. But yet now they switch their 1.5 million people receive these bene- has not been the answer. There are the story. I guess it is easier to switch than fits—that is 1.5 million real people with nine States which have similar fight. real bills to pay and very real obliga- supermajority requirements in order to Take a look at the leadership and the tions to meet. raise their taxes. And in those nine Rivlin memo to GEPHARDT and the The Republican leadership claims Rivlin plan. The plan is to cut Social States, State taxes have gone down an that the adoption of House Concurrent average of 2 percent. Compare those Security. The plan was to cut Medi- Resolution 17, offered by the gentleman care. The plan is to cut veterans bene- numbers, Mr. Chairman, to the 41 other from Illinois, Congressman FLANAGAN, States without some type of fits and further dismantle the military. would protect Social Security from But yet now we are talking about pro- supermajority requirement to raise cuts. But, Mr. Chairman, if the Flana- State taxes. Their State tax burden has tecting Social Security. I will bet you gan resolution were currency, it would will not find hardly anyone, if any- gone up 2 percent. I repeat, Mr. Chair- be the peso—not worth a heck of a lot. man, nine States have supermajority body, that wants to touch Social Secu- As we all know, this resolution has no force rity in here. tax requirements for tax increases, and of law, and is really nothing more than saying these nine States have lower tax bur- b 1720 to our Nation's senior citizens ``I know we've dens. Then support the three-fifths, let us pointed a loaded gun at you, but we promise Mr. Chairman, today this country is we won't pull the triggerÐat least not until the not have the smoke and mirrors. The at a crucial crossroads of its history. Nation's bill for the tax breaks for the rich and gentlewoman from Colorado says we Now we have at the time opportunity spending in the GOP Contract With America had hard choices in the Clinton tax to change the way Congress goes about comes due.'' package, that the liberal leadership its business of taxing and spending. Op- Mr. Chairman, the Gephardt and Wise sub- twisted arms and only passed by one ponents of the idea of a balanced budg- stitutes are tough and responsible and keep vote last Congress, one vote. Well, she et amendment with a three-fifths pro- the promises that our Nation has made. I urge did. She cut Medicare and Social Secu- vision scoff at that idea. They say it my colleagues to support these balanced- rity. Those were the hard choices. They will not work. I say nonsense. Having a budget substitute amendments. cut in 1986 IRA’s. Now they want to balanced budget amendment with the support them back. They cut the annu- Mr. HYDE. Mr. Chairman, I yield 3 minutes to the gentleman from Ten- three-fifths provision for tax increases ities for senior citizens. will work. nessee [Mr. BRYANT], a member of the Get a life. Do we want to keep raising taxes and Mr. WATT of North Carolina. Mr. committee. Mr. BRYANT of Tennessee. Mr. borrowing money we do not have? I do Chairman, I yield 2 minutes to the gen- not think so, because either way the tleman from Michigan [Mr. STUPAK]. Chairman, I thank the gentleman for yielding time to me. taxpayer gets stuck with the tab. Tax- Mr. STUPAK. Mr. Chairman, I thank payers know it, and they are sick and the gentleman for yielding time to me. Mr. Chairman, I come before you tired of it. I rise today, to urge my colleagues to today behalf of the people of my dis- Mr. Chairman, we were sent here to support the Gephardt and Wise sub- trict to support a balanced budget make some tough decisions. We were stitute amendments to the Barton bal- amendment with three-fifths sent here to reform the way we do busi- anced-budget amendment. supermajority tax increase provisions ness. It is something that should and I have supported a balanced-budget because, Mr. Chairman, most every one amendment before my election to Con- of them is demanding relief: rightfully be expected of us. Requiring gress, and I am going to support one Relief from a Congress that has a three-fifths majority for tax in- today. But as long as I have believed in strapped each and every one of them creases in a balanced budget amend- a balanced-budget amendment, I have with a debt of over $4.5 trillion. Relief ment will invariably bring about the also believed that Social Security is a from a Congress that has taken away necessity of slowing spending. So it sacred contract between the Govern- from many of them the incentive to will ultimately force this body to make ment and its people. That is why I of- save and invest as a result of burden- some long overdue decisions about how fered my own substitute balanced some and stiff taxes. And relief from a we are spending taxpayers’ dollars and budget amendment. While not made in Congress that has created more than whether they should or should not be order by the House Rules Committee, ever a sense of distrust of this institu- spent. my substitute, like the Gephardt and tion. Some do not want to confront these Wise proposals, specifically exempted A balanced budget amendment with decisions but they must be confronted. Social Security from budget cuts and three-fifths majority tax provisions Otherwise, we are only saddling our- eliminated the unconstitutional and will give them this relief, Mr. Chair- selves and our future generations with unworkable super majority require- man. We have before us the oppor- more debt and more red ink. ment for raising revenue. tunity to restore the trust in this insti- The American people are demanding Not specifically exempting Social Se- tution, the opportunity to bring about a balanced budget. They expect Con- curity in the text of a balanced budget an economic climate that will encour- gress to curb its spending. They want amendment—as the Republicans fail to age savings and investment, and an op- to trust us and deserve that tax relief. do in their proposal—is to place this portunity to begin addressing the prob- Passing House Joint Resolution 1 will contract directly in the path of the un- lem of our ever-increasing debt by give them all. certainty of the annual budget process slowing spending. I urge my colleagues to support this. and subject the program to possible We can do all of this by supporting a Mr. WATT of North Carolina. Mr. cuts. That is irresponsible and unac- balanced budget amendment with a Chairman, I yield 3 minutes to the gen- ceptable. three-fifths majority for tax increases. tleman from Florida [Mr. PETERSON]. H 638 CONGRESSIONAL RECORD — HOUSE January 25, 1995 (Mr. PETERSON of Florida asked It was not a contract with America ecutive branch piling fiscal failure and was given permission to revise and that started us on this effort. It was be- upon failure. The situation is intoler- extend his remarks.) cause some of us feel that we need to able and it cries out for change. In my Mr. PETERSON of Florida. Mr. have a constitutional amendment for a mind, that change can begin with pas- Chairman, I thank the gentleman for balanced budget, but a sound one, one sage of the balanced budget amend- yielding time to me. that makes sense, not a three-fifths ment. Not an end unto itself, the BBA Mr. Chairman, I rise today in support majority, and that we need to do that will create a bulwark of fiscal dis- of the Nation’s future and for the pro- in order to arrive at balancing the cipline to the congressional budget tection of our children and grand- budget in the future. process, beyond which neither Congress children’s well-being. Right now both Mr. Chairman, I thank the gentleman nor the President can tread. for yielding to me. are in jeopardy because of the tremen- The BBA will reform the budget proc- Mr. PETERSON of Florida. Mr. dous national debt that we continue to ess by forcing Congress to make deci- Chairman, reclaiming my time, I will accumulate. Why do we keep borrowing sions between increasing taxes and cut- once again compliment my colleague from future generations? ting spending. If the tax cap provisions I will answer my own question: be- the gentleman from Texas [Mr. STEN- HOLM] for leading this battle, along are included with the BBA, then Con- cause the Government has not made with my friend over here, the gen- gress will have no choice but to the tough decisions necessary to bal- tleman form Colorado [Mr. SCHAEFER] prioritize its spending decisions. Even ance the budget and because of con- who really intently feel seriously about without the cap, however, the BBA will flicting signals from the American peo- this to the point of making the hard provide a line of defense for the Amer- ple to cut spending but not from their decisions necessary to balance this ican taxpayers that simply doesn’t favorite programs. budget. exist today. To stop us from passing the buck and We stand with them in this fight. A balanced budget amendment is an to force the Nation to commit to mak- idea whose time has come. While it is b 1730 ing the sacrifices necessary for the not the final answer to our fiscal prob- long-term in economic security, I will Mr. HYDE. Mr. Chairman, I am lems, it will provide a measure of dis- join many of my Democratic col- pleased to yield 1 minute to the gen- cipline that does not exist now, and it leagues in supporting the constitu- tleman from Colorado [Mr. HEFLEY]. will instigate reforms that otherwise tional amendment to the balance the Mr. HEFLEY. Mr. Chairman, every would not occur. For that reason, I ap- budget. year, we hear the same arguments used plaud this effort and support the bal- The bipartisan balanced budget against the balanced budget amend- anced budget amendment. amendment generally referred to as the ment: it is unnecessary, binding, and a Mr. WATT of North Carolina. Mr. Stenholm-Schaefer amendment, which blot on the Constitution. We are told Chairman, I yield 2 minutes to the gen- I cosponsored when I first was elected we need to tighten our belts, make the tleman from Indiana [Mr. VISCLOSKY]. to this House 4 years ago, contains no tough choices, stand up to special in- (Mr. VISCLOSKY asked and was gimmicks and no shell games. It sim- terest groups. given permission to revise and extend ply requires that total outlays not ex- There is one word you’ll never hear his remarks.) ceed total receipts. used against the amendment though: I along with many of my fellow commitment. Mr. VISCLOSKY. Mr. Chairman, I ap- Democrats have led the fight for this That is because opponents here in preciate the gentleman’s yielding time amendment long before the Republican Congress do not share our commitment to me. contract was drafted. We have pushed for cutting spending and reducing the Mr. Chairman, beside asking Ameri- to bring this amendment to the floor deficit. As Robert Reich made it clear cans to give their lives for their coun- each Congress and continually voted last week, neither does the administra- try, there is nothing more profound for its passage. And we came very close tion. It is just not important to them. that any of us can do than to amend to passing this amendment previously. But it is important to the American the Constitution of the United States. Today, I reaffirm my support for the people. It is important to our future. It After serving in this House for 10 Stenholm-Schaefer balanced budget is important to our children. years, I have come to the conclusion amendment and join my colleagues on Mr. Chairman, Congress does not that without an amendment, the budg- both sides of the aisle in taking aggres- lack for choices, it lacks commitment. et will never be balanced. That is why sive action now to protect the Nation’s The balanced budget amendment rep- I support the balanced budget amend- economic security and our children and resents a commitment to the American ment offered by the gentleman from grandchildren’s future. people to make the tough choices and Texas [Mr. STENHOLM] and the gen- cut spending. It’s the one budget agree- Mr. VOLKMER. Mr. Chairman, will tleman from Colorado [Mr. SCHAEFER]. ment Congress can’t repeal. the gentleman yield? Mr. Chairman, I support a balanced As a long-time cosponsor of the bal- Mr. PETERSON of Florida. I yield to budget amendment because I do not be- anced budget amendment, I am excited the gentleman from Missouri. lieve that the President and the Con- this legislation is before us, and I look (Mr. VOLKMER asked and was given gress will find the collective courage forward to successfully passing it, here necessary to balance the budget with- permission to revise and extend his re- and on to the States for ratification. marks.) out a Constitutional imperative. It is Last night, Bill Clinton told America my sincerest hope that the weight of Mr. VOLKMER. Mr. Chairman, I that he was working to cut spending the Constitution will force the bal- planned to take a couple of minutes to and reduce the deficit. He said his anced budgets necessary to secure a talk, but basically about the same budget would cut $130 billion over the prosperous future, our nation’s sov- thing that gentleman has mentioned. next 5 years. What he did not say was Some of us have been here, and I have that spending will continue to rise and ereignty, and a government that makes been here 18 years. I voted on the con- the deficit will continue to climb. smarter decisions. stitutional amendment for a balanced In fact, the legacy of the Clinton tax America has always been the land of budget back in 1982. increase of 1993 is higher spending, opportunity. A better life for each suc- We have consistently voted on it. I lower growth, and higher deficits. The cessive generation is one of the defin- have supported it. I am a cosponsor of 1993 reconciliation bill was just one in ing characteristics of our nation. Each the amendment of the gentleman from a long line of budget agreements de- generation’s hard work paved the way Colorado and the gentleman from signed to balance the budget through so that those who followed could travel Texas. Some of us have struggled and tax increases and spending constraints. farther down the road of prosperity. fought. We came close, 9 votes one Each time, the taxes were gathered, Unfortunately, in recent decades, the year, 12 votes, if I remember right, last but the spending cuts never material- economic policies of this country have year. We may see a culmination. If we ized. caused us to lose our way. Nations, just don’t, we are going to continue to We are presented today with the un- like families, must plan for the future. fight. savory picture of Congress and the ex- As a nation we have failed to plan. We January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 639 have borrowed to achieve a false sense It would be a cruel hoax on the The national debt is nearly 5 times of prosperity today, leaving the bills American people to pass a balanced higher today than it was when Ronald for our children to pay tomorrow. budget amendment without beginning Reagan became President in 1981. That In 1992, our government spent $290 to actually balance the budget. If we is a disgraceful bipartisan legacy of ir- billion more than it had. In 1992 alone, start our work today, the impact will responsible spending and tax give- $1,150 was borrowed from every single be less painful and our decisions less aways. person in America. Over the past 20 difficult than if we continue to post- The total debt of the Federal Govern- years, the average budget deficit has pone tough decisions. ment totals more than $4.6 trillion, grown from $36 billion in the 1970s, to To ensure that we make good on our $16,000 for every man, woman and child $156 billion in the 1980s, to the unprece- commitment to balance the budget, I in America. Interest alone will total dented $248 billion hole we have dug for am working to draft the Balanced more than $225 billion this year. That ourselves so far in the 1990s. This irre- Budget Enforcement Act of 1995. This is 10 times more than all the funds sponsible spending has resulted in a bill would force us—today—to begin spent by the Federal Government on debt hole so deep that this year’s inter- bringing the budget into balance by the all education programs and assistance est payment ($213 billion)—just the in- year 2002, while the ratification process this year. terest payment—will be larger than proceeds. It would do so by setting Some oppose the balanced budget this year’s deficit ($176 billion). spending caps and using across-the- amendment over genuine concern for Today’s talk about balancing the board cuts if the caps aren’t met. I the fate of Social Security, child nutri- budget, while also calling for increased don’t believe this bill is the only an- tion, education funding, or other meri- defense spending and lower taxes sadly swer to our budgetary problems, but it torious programs. An honest assess- assures me that fiscal responsibility is an answer and it will lead to bal- ment of those programs shows us they will be trumped by politics as usual. anced budget. have not done well during this decade These are the same misguided eco- There is little argument that bal- of spend and debt. We accumulated $4 nomic policies that tripled our na- ancing the budget is essential to the trillion of debt, but there is not a tional debt during the past 12 years. future of our country. However, the penny in the Social Security Trust Republican George Bush called it bickering begins and political courage Fund. It is full of IOUs. How are we going to cash those IOUs in when we ‘‘Voodoo Economics.’’ fades when we begin to talk specifics. It is time to summon the courage and need them? In 1798, Thomas Jefferson said that if start today. Twenty percent of Oregon’s children he could add one amendment to the Mr. HYDE. Mr. Chairman, I am live in poverty. Many go to bed hungry Constitution, it would be to prohibit pleased to yield 1 minute to the gen- every night. We know of the shortfall the Federal Government from borrow- tleman from New Jersey [Mr. in education funding. It is time to get ing money: ‘‘We should consider our- FRELINGHUYSEN]. our priorities straight, make some selves unauthorized to saddle posterity (Mr. FRELINGHUYSEN asked and tough decisions. As we make those with our debts, and morally bound to was given permission to revise and ex- tough choices, I am confident these pay them ourselves.’’ Our recent his- tend his remarks.) programs, the programs I care about, tory makes it clear we should heed Jef- Mr. FRELINGHUYSEN. Mr. Chair- will do better than they did during the ferson’s wisdom. man, I thank the gentleman from Illi- spendthrift decade. Our current spending spree cracks nois for yielding time to me. Mr. Chair- My home State of Oregon has a bal- the foundations of our nation’s sov- man, I rise today in support of the bal- anced budget amendment, as do most ereignty. At the beginning of the 1980s, anced budget amendment. other States. Every local government foreigners owed Americans much more Our current financial crisis is due to in Oregon is required to balance its than we owed them. Today, we are the overspending pure and simple, and I books every year, as does every respon- world’s largest debtor nation. We owe firmly believe that a balanced budget sible family. The Federal Government foreigners much more than they owe amendment will impose discipline on can do the same. us. And foreigners are collecting these Congress and the executive branch to Mr. HYDE. Mr. Chairman, I am debts by buying our office buildings, live within defined means. pleased to yield 1 minute and 30 sec- our companies, and our farms. We are Having worked under a similar man- onds to the gentlewoman from Wash- selling our nation to anyone who will date in the State of New Jersey as a ington [Ms. DUNN]. bankroll our outrageous spending. In State legislator, chairing the appro- Ms. DUNN of Washington. Mr. Chair- an era when economics plays a larger priations process, I am fully prepared man, I rise in favor of the Barton bal- role in the global order, our spending to work within the same spending and anced budget amendment. Some say binge threatens our sovereignty and taxing restraints on the Federal level that to propose a balanced budget ability to influence international to make those serious decisions. amendment without proposing how we events. It’s much harder to get Japan Mr. Chairman, I urge my colleagues would get there is wrong. I say non- to tear down its trade barriers when we to vote in favor of the Barton amend- sense. our indebted to them. ment to provide, finally, discipline to The American people are pleading A message sent loud and clear in the the Federal budget process. with us to set aside bickering and at 1994 elections was that Americans want Mr. WATT of North Carolina. Mr. least agree on the goal of living within us to make wise decisions. A balanced Chairman, I yield 2 minutes to the gen- our means. We must take that first budget will force the achievement of tleman from Oregon [Mr. DEFAZIO]. step toward a balanced budget amend- this goal because the decisions made Mr. DEFAZIO. Mr. Chairman, I thank ment, with or without the support of depends on the amount of money you the gentleman for yielding time to me. the President. Then we can debate the have to spend. This is proven true in Mr. Chairman, Harry Truman used to spending cuts necessary to achieve our daily lives. A person with $3 to say, in an earlier and perhaps better that goal. spend on lunch will make an entirely era here in D.C., ‘‘The buck stops Mr. Chairman, my colleagues on the different set of decisions than that here.’’ In today’s Washington, D.C. other side of the aisle have had 40 years same person with $10 to spend. The your buck barely gets a chance to wipe to control the power of the purse and Government just puts it on a credit its feet before it is back out the door in prove that Congress could be fiscally card. the form of some new Federal spending. responsible. The result: Congress has We must remember, however, that Without the fiscal discipline of a bal- left this country with a crippling debt voting for a balanced budget amend- anced budget amendment, I doubt this and with higher taxes. Americans can ment is the easy part. The amendment Congress will be able to make the no longer afford this sort of behavior has overwhelming public support and tough choices that are required, no from their Congress. simply voting ‘‘yes’’ puts each of us on matter what party is in charge. It is Mr. Chairman, now the burden of the right side of public opinion without time to quit passing the buck, or in proof should be on the Congress to jus- having to make the tough choices that this case, the debt, to future genera- tify dipping further into the taxpayers’ will put the budget into balance. tions and put our fiscal house in order. wallets. That is why we must pass the H 640 CONGRESSIONAL RECORD — HOUSE January 25, 1995 Barton substitute that requires a Mr. HOKE. I thank the gentleman for We have been cheated out of that as three-fifths majority to raise taxes. We yielding me the time. a Nation. We do not know what that is. must force this Congress to make Mr. Chairman, I rise today in support Until we are required to match reve- tough choices in spending cuts, not of the Barton balanced budget amend- nues against expenditures, until that taxing our way to a balanced budget. ment. happens, we will not know as a Nation Protect the taxpayer. Pass the Con- We are going to vote either tonight what it is that we want our Govern- tract With America version of the bal- or tomorrow on this amendment and ment to do. anced budget amendment. we are going to have the opportunity Mr. WATT of North Carolina. Mr. Mr. WATT of North Carolina. Mr. to complete 2 pieces of work that were Chairman, I yield 2 minutes to the gen- Chairman, I yield 2 minutes to the gen- begun 200 years ago and about 100 years tleman from Massachusetts [Mr. KEN- tleman from Utah [Mr. ORTON]. ago. One is the Constitution itself. NEDY]. (Mr. ORTON asked and was given Thomas Jefferson wrote in 1789 very Mr. KENNEDY of Massachusetts. Mr. permission to revise and extend his re- clearly and very well. He said: Chairman, I rise today in strong sup- marks.) If there is one omission that I fear in the port of the balanced budget amend- Mr. ORTON. Mr. Chairman, I rise in document called the Constitution, it is that ment. I have been for the balanced strong support of a balanced budget we did not restrict the power of the govern- budget amendment for the last several amendment. I am disappointed that the ment to borrow money. years, because I do not believe that we majority will not allow us to vote on What this constitutional amendment can find the will to make the necessary mine and other amendments which I does is it puts into the constitution the cuts to save the future generations of believe solve some of the problems, but restriction that the Founding Father this country without the support of the there are many similarities between and founder of the Democratic party, American people through a balanced the amendments we will look at. Thomas Jefferson, wanted to have put budget. There is, however, a real problem: in the Constitution, the restriction on The fact is the people say: How do we enforce it? We have looked borrowing money. It is the three-fifths Listen, JOE, you are a liberal Democrat, to a super majority in various amend- majority that is required to raise the how can you possibly be for a balanced budg- ments as a way to enforce it, or future debt ceiling. That is the operative lan- et amendment? It is going to cut the very legislation as a way to enforce it. Will guage that makes it very, very dif- programs that much of your family and oth- it work? The problem I see with these ficult, not impossible—by no means im- ers have stood for generations. amendments is that they rely upon es- possible—but it creates the hurdle over I say to them that those very pro- timates, not actual. Will it actually re- which we have to jump in order to bor- grams that stand up for the working quire us to balance the budget? No. row more money to make it possible to people and the poor and the senior citi- Why? deficit-spend. It is the essential ele- zens of this country have suffered the Mr. Chairman, I read in the Barton ment of this constitutional amendment worst cuts over the course of the last 15 amendment, section 1, the last line with respect to spending. or 20 years in this country as a result ‘‘Congress and the President shall en- On the taxing side, we are going to of budget deficits. sure that actual outlays do not exceed complete the 16th amendment to the Look at the housing budget. Cut by outlays set forth in this statement.’’ Constitution which allowed the income 77 percent over the course of the last 15 What about receipts? How do we guar- tax in the first place. That is, that we years. Look at those who have press antee that the projection of revenue is are going to require that there be a conferences that say they want to pro- actually going to show up? three-fifths majority to raise taxes as tect fuel assistance for the poor. Look If we say ‘‘Well, it will,’’ look at the well. at what has happened to the fuel as- last 14 years. CBO has missed in every These two together will complete the sistance program. Cut by 30 percent. one of those years by an average of, spending and taxing limitations and re- Aid to education. All of the programs overestimating revenue, an average of strictions that were begun 200 years that are designed to assist the very $25 billion per year. What is going to ago and need to be completed, need to poor, our vulnerable citizens, are the happen? At the time we figure out that be fulfilled in the Constitution of our programs that get cut. receipts did not come in, it is too late country. And after all, who pays the debt? It is to cut spending. We have already spent Our country was founded on limited the working families of America that it. It is the end of the fiscal year. Even government, not unlimited borrowing. pay the lion’s share of America’s taxes. if we could get three-fifths to raise To limit government, we need that We see a greater and greater percent- taxes, it is too late to do that. supermajority. To limit borrowing, we age of those taxes going for one par- need a supermajority to increase the ticular item, and, that is, to pay the b 1740 debt. And the BBA will reinforce the interest on the debt. There is one option and one option theme of the Constitution. What accounts have gone up in the only, that is, increase the debt limit. The other thing that the BBA does is last 15 years? National defense. We You are going to put a permanent ceil- it will change the way that the Amer- have seen the budget doubled. We have ing on the debt limit and you cannot ican people have been cheated out of seen a fantastic increase, from $70 bil- raise it without three-fifths. the definition of government. The prop- lion a year to $240 billion a year on the What you have done is in contraven- er definition of government is what the interest payments alone on the na- tion of the Founding Fathers’ intent, people are willing to pay for on a pay- tional debt. you will have placed control in 40 per- as-you-go basis. Does a working family get to educate cent of this body or the other body to We really have no idea what we as a their kid? Do they get to take care of hold us hostage. Nation believe our Government should a senior citizen, a parent? Do we see Let us say they decide they want be, what the size and scope of it should the bellies of our poorest children filled more welfare spending, and they are be, what its role should be, what its as a result of interest payments on the not going to vote for increasing the definition should be, because just as in national debt? debt limit unless you give them a high- a family you do not know how you The CHAIRMAN. The time of the er debt limit to spend more money on want to define your lifestyle except by gentleman from Massachusetts has ex- welfare, or defense, or anything else. what you are willing to pay for, just as pired. We had better back up. I will vote for in a company you do not know what Mr. HYDE. Mr. Chairman, I move and support the best constitutional you are willing to do, what you want to that the Committee do now rise. amendment we can, but I certainly do in terms of defining the direction of The motion was agreed to. hope the other body can do a better job your company and where you want to Accordingly, the Committee rose; and perfect this before we have to send go, the same is true with respect to our and the Speaker pro tempore (Mr. it to the State legislatures. Nation and our national identity and CUNNINGHAM) having assumed the Mr. HYDE. Mr. Chairman, I yield 3 what we are willing to pay for in terms chair, Mr. WALKER, chairman of the minutes to the distinguished gen- of defining what our government is Committee of the Whole House on the tleman from Ohio [Mr. HOKE]. going to be. State of the Union, reported that that January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 641 Committee, having had under consider- PROPOSING A BALANCED BUDGET Promises, promises, promises, prom- ation the joint resolution (H.J. Res. 1) AMENDMENT TO THE CONSTITU- ises, and every one of them was broken. proposing a balanced budget amend- TION It is time to keep our promise. The ment to the Constitution of the United The SPEAKER pro tempore. Pursu- deficit today is over $200 billion, and it States, had come to no resolution ant to House Resolution 44 and rule is as far as the eye can see $200 billion. thereon. XXIII, the Chair declares the House in In fact, by the turn of the century it is the Committee of the Whole House on not going to be $200 billion, it is not f the State of the Union for the further going to be $300 billion. The OMB, the consideration of the joint resolution, Office of Management and Budget is GENERAL LEAVE House Joint Resolution 1. projecting over $400 billion. Mr. HYDE. Mr. Speaker, I ask unani- I had a town meeting a couple of b mous consent that all Members may 1749 weeks ago and I had a very activist have 5 legislative days within which to IN THE COMMITTEE OF THE WHOLE Democrat stand up and say: revise and extend their remarks on Accordingly, the House resolved it- Fred, I have been against the balanced House Joint Resolution 1, the balanced self into the Committee of the Whole budget before because I did not think it budget constitutional amendment. House on the State of the Union for the would work. I thought we had laws that The SPEAKER pro tempore. Is there further consideration of the joint reso- made it work, but I’ve given up. When you get back to Washington, please, please, objection to the request of the gen- lution (H.J. Res. 1) proposing a bal- anced budget amendment to the Con- please, for our children and for our jobs, pass tleman from Illinois? a balanced budget amendment. There was no objection. stitution of the United States, with Mr. WALKER in the chair. It is time now to keep our promises. f The Clerk read the title of the joint It is time to pass a balanced budget resolution. amendment, a constitutional one. HOUR OF MEETING ON TOMOR- Mr. CONYERS. Mr. Chairman, I am b 1750 ROW, THURSDAY, JANUARY 26, pleased to yield 2 minutes to the gen- 1995 The CHAIRMAN. When the Commit- tleman from Alabama [Mr. BROWDER]. tee of the Whole rose earlier today, the (Mr. BROWDER asked and was given Mr. HYDE. Mr. Speaker, I ask unani- gentleman from Illinois [Mr. HYDE] had permission to revise and extend his re- mous consent that when the House ad- 52 minutes remaining in the debate, marks.) journs today it adjourn to meet at 9 and the gentleman from Michigan [Mr. Mr. BROWDER. Mr. Chairman, I a.m. tomorrow. CONYERS] had 47 minutes remaining in want to thank the gentleman from The SPEAKER pro tempore. Is there the debate. Michigan for yielding time to me. objection to the request of the gen- The Chair recognizes the gentleman Mr. Chairman, let me first commend tleman from Illinois? from Illinois [Mr. HYDE]. my colleague, CHARLIE STENHOLM, for LEGISLATIVE PROGRAM PARLIAMENTARY INQUIRY his leadership on the issue we are de- Mr. CONYERS Mr. Speaker, reserv- Mr. HOKE. Mr. Chairman, I have a bating today. We are considering, hope- ing the right to object, and I do not in- parliamentary inquiry. fully for the last time, passage of a bal- tend to do so, let me just take this op- The CHAIRMAN. The gentleman will anced budget amendment to the Con- portunity to clarify the schedule for state his parliamentary inquiry. stitution. I have been on this floor the remainder of the evening and for Mr. HOKE. Mr. Chairman, when the three times before pressing the Mem- tomorrow. Chair or the Speaker grants unanimous bers of this institution to let this de- bate out of Washington. Ratification is Can we confirm that the only re- consent that someone may revise and extend their remarks, does that mean, my ultimate goal, but more important maining legislative business for today is that implicit that that means within in my mind is the great public debate is to complete general debate, not the rules, or does that actually mean that will take place around this coun- going into the Barton amendment? that the remarks themselves can be re- try during the process of ratification. Mr. HYDE. Mr. Speaker, will the gen- vised in the RECORD? The balanced budget debate must be tleman yield? The CHAIRMAN. It means revisions expanded beyond the Washington Mr. CONYERS. I yield to the gen- and extensions within the meaning of betway and with passage in Congress tleman from Illinois. clause 9 of rule XIV. the debate will begin in earnest. For as Mr. HYDE. I believe that is correct. I Mr. HOKE. That have been adopted the states consider ratification, our have not been instructed otherwise, so by this House in the 104th Congress? country will begin a full and frank pub- it is correct. The CHAIRMAN. The gentleman is lic debate on the role of government— Mr. CONYERS. Will the gentleman correct. Federal, State and local—and the cost indicate to us whether we plan to fin- The Chair recognizes the gentleman of fulfilling that role. ish the balanced budget amendment to- from Illinois [Mr. HYDE]. If the politicians who designed past morrow or carry some of the bill over Mr. HYDE. Mr. Chairman, I am efforts to bring the budget into balance until Friday? pleased to yield 11⁄2 minutes to another had engaged the public in that process Mr. HYDE. I hope with the superb co- distinguished gentleman from Michi- then I doubt we would have dug—or operation I have come to expect from gan [Mr. UPTON]. been allowed to dig—such a huge defi- the distinguished gentleman from Mr. UPTON. Mr. Chairman, I thank cit hole. Michigan, we could finish it tomorrow. the gentleman from Illinois for yield- Mr. Chairman, the balanced budget Mr. CONYERS. Then, finally, on be- ing me this time. amendment incorporates into our fun- half of the Democratic leadership, I Mr. Chairman, there have been many damental law the principle that the have been asked to confirm that the efforts made in this Chamber to try Federal Government cannot spend Democratic side will be assured of at and balance the budget. I can well re- more money that it takes in, except least 20 1-minute speeches tomorrow member the Freeze Budget, the 1992 under special circumstances. That morning preceding our activity. Group Budget, the Pork Busters, our principle rightly fits in the Constitu- Mr. HYDE. At most, the gentleman is good friend Tim Penny who led many tion and would not, as some suggest, exactly correct. bipartisan efforts, and I can remember trivialize that basic document. But Mr. CONYERS. I thank the gen- Gramm-Rudman. Every one of these more importantly, the ratification tleman. was to no avail. process will allow, even force, the Mr. Speaker, I withdraw my reserva- Remember this button: ‘‘108 in ’88?’’ American people to focus on what they tion of objection. That meant under Gramm-Rudman our want from their government, what ben- The SPEAKER pro tempore. Is there deficit was going to be by law no great- efits they will surrender in the name of objection to the request of the gen- er than $108 billion in 1988. fiscal responsibility, and what burdens tleman from Illinois? Well, guess what? It was $187 billion, they will shoulder to do the important There was no objection. not $108 billion. tasks they ask their government to do. H 642 CONGRESSIONAL RECORD — HOUSE January 25, 1995 Mr. HYDE. Mr. Chairman, I am hon- we will do it. There are nine States theirs, but I also support the Barton ored to yield 3 minutes to the distin- that have tax limitation provisions. In three-fifths tax limitation as well. guished gentleman from Texas [Mr. those nine States their taxes have gone But it is the concept of what we are BARTON] up less and their spending has gone up doing. Let me just say I would like to (Mr. BARTON of Texas asked and less, an average spending of about 9 congratulate this entire House of Rep- was given permission to revise and ex- percent less and an average tax in- resentatives on considering the most tend his remarks.) crease—an average in the years be- significant chance to end doing busi- Mr. BARTON of Texas. Mr. Chair- tween 1980 and 1990—an average of ness as usual down here that we have man, I want to first of all thank the about 14 percent. probably ever considered, and doing it distinguished chairman of the Commit- We should vote for the balanced early on in January. I think it makes a tee on the Judiciary, HENRY HYDE, for budget amendment with tax limita- huge difference. his excellent leadership in shepherding tion. I ask for Members’ support. I thought the way I could spend what the balanced budget amendment proc- Mr. CONYERS. Mr. Chairman, I yield is left of my 3 minutes is to just tell ess this far. I want to thank our new 2 minutes to this gentleman from Geor- you a story about what has brought me Republican majority leadership for gia [Mr. DEAL]. to be so supportive of the balanced scheduling the debate immediately and Mr. DEAL of Georgia. Mr. Chairman, budget amendment, my own personal not having to force us to resort to dis- I thank the gentleman for yielding me experiences. charge petitions. I want to thank my this time. I am from the State of Delaware. I good friend, CHARLIE STENHOLM of Mr. Chairman, I would like to take was in the legislature of the State of Texas, for being such a stalwart for so us for a quick ride down our spending Delaware. I was there in the 1970’s. many years to keep the dream alive highway. If we assumed our income During that period of time, we had and all of the other true believers that equals our spending and we are travel- some difficult problems. We never bal- feel like we need to balance the Fed- ing at 55 miles per hour, if for every $1 anced our budget. We borrowed money eral budget in a bipartisan fashion. billion of deficit spending we increase in virtually any way you could possibly We have won the debate as to wheth- our speed by 1 mile per hour, instead of borrow money, short-term, long-term, er we should have a balanced budget at going the posted 55 miles a hour, we whatever it may be. We had the highest the Federal level, at least we have won are going 258 miles an hour. personal income taxes in the entire the debate everywhere but in the White And remember, that to get $1 billion United States of America, 19.8 percent House, in the Office of Management of revenue it requires approximately State taxes, this is. Businesses were and Budget, and with the Secretary of 250,000—that is right, a quarter of a leaving Delaware as fast as they could Labor. The question is not should we million—individual average tax re- make up their minds to be able to get balance the budget but how should we turns. So not only are we exceeding the out. Then we came along, and some in- do that, and there are really three speed limit by 203 miles a hours, we are dividuals, and I was not involved in basic ways: We can raise taxes; we can spending the money from 50,750,000 av- this, adopted a balanced budget amend- cut spending, or we can do a combina- erage individual tax returns that we do ment. We have the three-fifths tax lim- tion of both. not have. itation. We adopted the line-item veto. There are two serious amendments We have rainy-day. We have other b on the floor this evening and tomorrow 1800 cushions. We have everything you to get us to a balanced budget. The And that is just in 12 months. If we could possibly imagine. Schaefer-Stenholm amendment re- are to have to pay off our national debt Since that time, since we woke up in quires a three-fifths vote to borrow right now, it would require the taxes the end of the 1970’s, we have balanced money, a three-fifths vote to raise the from 1,171,000,000 average individual re- our budget 18 straight times in the national debt ceiling and that is a con- turns that we do not have. State of Delaware. We have reduced stitutional majority of 218 plus 1 in the Even if the debt never increased and our taxes five times in the State of House to raise taxes. The Barton-Hyde- we never paid any interest on it, it Delaware. We have created more jobs Geren amendment requires a three- would require all the revenue received than practically any other State on a fifths vote to borrow money, a three- from all the tax returns of all individ- percentage basis; I know, we are a fifths vote to raise the debt ceiling, and ual taxpayers in this country for al- small State. We did reduce poverty I think, significantly, a three-fifths most 11 years just to pay off the prin- more than any other State during the vote to raise taxes. That third three- cipal. So if you think we can slow this 1980’s. We became a financial success fifths vote to raise taxes in some ways vehicle down that is traveling 258 miles story. is the most important three-fifths vote, an hour by just posting a slow-down It is not easy. It was very tough to do because I believe the emphasis should sign, you are wrong. We have tried it. this. In addition to all those constitu- be on cutting spending. If you think we can slow it down by tional amendments and changes, we Why do I believe that? Go back to putting speed breakers in there, we had to struggle with small pay in- 1964; the entire Federal budget was have tried that, too. creases, in fact, no pay increase one $118.5 billion. In 1965 it actually Gramm-Rudman 1 and 2, the Budget year for State employees. We elimi- dropped. We spent $118.2 billion. Every Acts of 1990 and 1993, you are wrong; we nated waste. We had an early retire- year since 1965 Federal spending has hit those bumps, we picked up speed, ment option. It was a very difficult gone up. In the fiscal year we are in and $2 trillion in debt, since we hit matter to carry out. now we expect to spend them. We expended Medicaid perhaps a lit- $1,531,000,000,000. That is an increase of It is time we called out a traffic cop tle more slowly than some other States 1,300 percent in the last 29 years. with a radar gun to slow us down. That did. We did create economic opportuni- Federal spending has gone up every is what the balanced budget really is, ties, because we saw the other opportu- year since 1965. Mr. Chairman. It is time to call out the nities, because we saw the other side, if To put that in perspective, in the cops. we could bring in revenues, and we year we are currently in, we expect to Mr. HYDE. Mr. Chairman, I yield 3 have different banking laws in the spend 70 billion more dollars than we minutes to the distinguished gen- State of Delaware which have helped us spent last year, and last year we spent tleman from Delaware [Mr. CASTLE]. attract jobs to our State, and we have 53 billion more than the year before. Mr. CASTLE. Mr. Chairman, I par- made fiscal adjustments each and Simply put, it is not a lack of revenue ticularly thank the truly distinguished every year to keep our budget in bal- as to why the budget is not balanced. It chairman of the Committee on the Ju- ance. is simply the fact that spending is out diciary for yielding me this time. We are absolutely convinced that of control. I rise in support of the balanced this is the way to go, and I am con- If we want to restrain spending, we budget amendment. I am a name co- vinced this is what we should do in have got to balance the budget by cut- sponsor with the gentleman from Texas Washington, DC. ting spending. Put the tax limitation [Mr. STENHOLM] and the gentleman What if we do not pass the balanced provision in, the three-fifths vote, and from Colorado [Mr. SCHAEFER] on budget amendment? What if we just go January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 643 on as we have with business as usual? spending on Social Security, Medicare, with the American public the direction Well then, in my judgment, the easier and other vital programs. in which we are going. choice will be made virtually every Mr. Chairman, we do not need this In this Committee on the Judiciary time, that is, to extend, to expand, and dangerous amendment. In the last 2 time and time again in a bipartisan to add programs. The debt will bury years we have cut the deficit almost in spirit SHEILA JACKSON-LEE offered our future generations, and the ineffi- half. We need to continue a prudent fis- military preparedness, protecting Med- ciencies, because of political malaise, cal policy. We do not need to rewrite icare and Medicaid, offering Social Se- to make the tough decisions will sim- the Constitution. curity amendments, not to stop the ply carry on. Mr. HYDE. Mr. Chairman, I yield 1 progress but simply to provide for the For all of these reasons, I believe minute to the distinguished gentleman American public a realistic look at the that each and every one of us should from Ohio [Mr NEY]. balanced budget amendment. tomorrow realize that this is not just a Mr. NEY. Mr. Chairman, I want to There are too many questions that I procedural vote. It will lead to many, talk about reality and fact today ver- still have, and they are still left unan- many years of very difficult votes, both sus uncertainty and doubt. swered. Precipitive cuts in essential of which are going to benefit the people And the uncertainty and doubt men- Federal programs, especially programs of the United States of America. tioned is budget estimates. The reality that assure health, safety, well-being, I hope we will all support the bal- is it has been done. It has been done in and educational opportunities for our anced budget amendment. many States. citizens clearly are in the national in- Mr. CONYERS. Mr. Chairman, I yield But Ohio sets an example, one of the terest. The majority wants to balance 2 minutes to the gentleman from New larger budgets in the United States, our budget by cutting spending by 30 and you have the executive budget, you York [Mr. NADLER], a member of the percent without raising taxes. This will Committee on the Judiciary. have the legislative budget office. hurt our children’s programs, Medi- Mr. NADLER. Mr. Chairman, I op- Sometimes their statistics do not care, Medicaid, and veterans’ services. pose this amendment, because we agree. But you come to a middle point In Texas alone over 180,000 babies, should not write fiscal policy into the and you take the conservative end of preschoolers, and pregnant women Constitution. it. Usually that tends to give us the would lose infant formula and other basis to be able to operate on a bal- Of course, we want balanced budgets WIC nutrition supplements. If we pass ancing budget. most of the time. But it is nonsense to the balanced budget amendment, The doubt, it has not all been set out speak of a balanced budget without 420,000 children in Texas will lose food over the course of the next 7 years. The separating out a capital budget. stamps; over 500,000 would lose Medic- reality, the State of Ohio, like many Every State, every local government, aid health coverage. other States, has made it a reality that every business has a capital budget and b we set out a budget pattern. We accom- 1810 an operating expense budget. The oper- plish a short-term goal, and it works. While these alarming numbers are ating budget must be balanced, but the The doubt, this system will not work: specific to my State of Texas, I have to capital budget enables long-term in- The reality, it does. Last month I was stand up for my people in my State and vestment, highways, bridges, tunnels chairman of the senate finance com- in the entire Nation. As legislators it is to be financed by borrowing. mittee in Ohio. I guarantee you had we our responsibility to examine the ef- Any family borrows to buy a car or a told the members magically there is no fects of this legislation in detail and to house. more cap on the Ohio budget, the end truly understand the consequences of This amendment would prohibit the result is they would have crawled on what we are doing. Federal Government from ever borrow- glass to get there to spend money. It When we talk about dropping edu- ing except in wartime. This is non- does work. cation benefits, 37 percent of the people sense. Mr. CONYERS. Mr. Chairman, I yield say they support the balanced budget Second, budgets should be balanced 3 minutes to the gentlewoman from amendment. When we talk about cut- over time, not every year. In good Texas [Ms. JACKSON-LEE], a member of ting social security, only 34 percent of times, the operating budget should be the Committee on the Judiciary. the American people. balanced or have a surplus to pay down (Ms. JACKSON-LEE asked and was I simply ask that we detail where we the debt. During a recession we should given permission to revise and extend are going and what we are doing. I sim- prime the pump, cut taxes, increase ex- her remarks.) ply ask are we going to cut child wel- penditures, run a deficit to stimulate Ms. JACKSON-LEE. Formulating fare dollars or are we going to fight for the economy, to put more people to laws and studying our legal system has a new flight bomber? It is very impor- work, and to get out of the recession. occupied most of my adult life. At each tant, as we discuss a balanced budget, This amendment would force the level of my professional career, I have that we focus on the substantive im- Government to violate all we know of taken an oath to uphold the laws and pact and whether or not Congress and economic policy and cut spending dur- principles of the Constitution of the the President can actually achieve a ing a recession to offset the lower tax United States of America, and I take balanced budget amendment. receipts generated by the recession. this responsibility very seriously. We must understand the enforcement This is a good way to turn a recession I feel very great cause for concern mechanism. Who has standing? The into a depression. over this most recent attempt to alter question has never been answered. That is why the Owens amendment the Nation’s most sacred charter, not Does the senior citizen in the 18th which I support would suspend oper- that it has not been done, but simply district of Texas have the opportunity ation of a balanced budget amendment the process is one that bears a great to go to the Supreme Court and say when there is high unemployment. consideration and seriousness. they have been impacted negatively by Third, the proposed three-fifths rule Clearly any changes that are to be the balanced budget amendment? I would require a 60 percent vote to pass made to this document should only be think they should. The questions are bills to improve enforcement of the law made upon careful deliberation and di- still unanswered. against tax cheats, to close special-in- alog. At this time, however, I do not We have a great responsibility as we terest tax loopholes, or to revoke most- feel that we have gone forward in a bi- amend our Constitution, and I believe favored-nation status of countries that partisan spirit and open debate to do that we must give reverence to the violate human rights. A minority of this monumental task. Constitution of the United States. An the House would be able to block any Oh, I know the stories have been told open rule, and understanding of where of these actions. about the years of trying to balance we are going, that is what we need in a Finally, our large national debt and the budget and all the Congresses that balanced budget amendment, but we the Republican decision to increase have not, but I come here a new Mem- need most of all to understand and re- substantially defense spending means ber representing my constituents and spect the Constitution. inevitably that a balanced budget believing that we have the ability to Mr. HYDE. Mr. Chairman, I am de- amendment would force us to gut handle this in a manner that shares lighted to yield 2 minutes to the H 644 CONGRESSIONAL RECORD — HOUSE January 25, 1995 learned gentleman from New York [Mr. Medicaid, decimated; veterans bene- Mrs. CLAYTON. Mr. Chairman, de- HOUGHTON]. fits, decimated. You veterans who mocracy means majority rule, but it (Mr. HOUGHTON asked and was think you will continue to get out- also means government of, by, and for given permission to revise and extend patient services under a balanced budg- the people. his remarks.) et amendment, outpatient health serv- In the context of democracy, there Mr. HOUGHTON. I thank my learned ices, forget it. That will be gone. are two things that trouble me greatly chairman. Education, school lunches, magnet about the Barton constitutional Mr. Chairman, I am trying to figure school programs, forget it. Tremendous amendment for a balanced budget. out a way of how to get into this con- cuts. Our children are going to suffer in First, the resolution seems to tram- versation because so much of what I future years. ple on the right of the people to know had intended has already been said. Mass transit, Meals on Wheels, the under what burdens they must suffer at Let me just say one thing: I was environment, forget about clean water the hands of the Government. The reso- down here in 1982 with the Grace Com- and clean air, there will not be money lution, second, seems to ignore the sa- mission. We had a deficit of $200 bil- for that. credness of the Constitution of the lion. We had great plans, we had sug- More cops on the beat, housing, United States. gestions to close that gap, cut the health research. On one occasion, President John spending. Nothing happened. Federal pensions, we can forget about Adams spoke of the right to know. He I came here as a Congressman in 1987. all the things the American people said, ‘‘Liberty cannot be preserved Our deficit was still $200 billion, and we have come to expect. without a general knowledge among had all of these plans, Gramm-Rud- Wake up, America. If we do not have the people who have a right to know.’’ the guts here to do what we have to do, man-Hollings, all of the great laws. That right, he said, ‘‘is indisputable, a balanced budget amendment is not Nothing happened. unalienable, infeasible, and devine.’’ going to do it for us. All it is going to Here we are now with a deficit of still Passage of the proposed Barton con- do is impose terrible hardships on the $200 billion or approximating that. stitutional amendment in its current American people, senior citizens, and There was a man called C. North Cole form denies the people the right to our young people. know. Parkinson, who said expenses have a If Congress declares war, we have to tendency to rise to exceed income. In order to achieve a balanced budget have a separate vote on a military ac- by the year 2002, as provided in the That is what is happening here. tion and then a second vote to decide I think it is really a bad idea, if there amendments, an amendment must pro- to unbalance the budget. This is un- vide that we must make those hard were any other alternative to having a workable. constitutional amendment. However, I cuts. $1.2 trillion will have to be cut in It is a disaster for America, and I will a range of entitlement programs alone. am convinced now that it is the only vote ‘‘no.’’ way of doing this thing. I am not for Why will not the majority tell us Mr. HYDE. Mr. Chairman, I am how those cuts will be made? the three-fifths for the tax increase. It pleased to yield 1 minute to the distin- is not practical. It will not work. But I These are not social security alone, guished gentleman from California there are other entitlements beyond am for a balanced budget amendment. [Mr. PACKARD]. social security. If the tax cuts envi- Let me say one other thing: That is (Mr. PACKARD asked and was given sioned are made, indeed we must make the easy part. The hard part is to put permission to revise and extend his re- cuts beyond that. More than $450 mil- this into practice. Peter Drucker al- marks.) lion in additional cuts would be made. ways said that all great ideas ulti- Mr. PACKARD. Mr. Chairman, after That will mean farmers in my State mately degenerate into work. This is hearing the last remarks, the most and rural communities, water sewage, what is going to happen here. The easy scary scenario of all would be for us to all of those projects will be subject to part is passing this legislation; the continue to run this country into cut. hard part is going to be to put it into bankruptcy and then there are no pro- One of the sponsors of the amend- effect. grams that are going to get the benefit. Mr. CONYERS. Mr. Chairman, I yield Mr. Chairman, last November the ment has said that we should not let 2 minutes to the gentleman from New American taxpayers declared that the people know because, ‘‘If they York [Mr. ENGEL]. enough is enough. They are fed up with know they will buckle at the knees.’’ I Mr. ENGEL. I thank my friend for the Federal Government’s liberal tax- disagree. Knowledge is the beginning of yielding this time to me. and-spend policy. Passing the tax limi- wisdom. A wise America is a strong My colleagues, in the rush to pass a tation balanced budget amendment America and will make the decisions as constitutional amendment and tamper will insure that the Government will to the necessary cuts if they believe, if with the Constitution to do something balance its budget without raising they believe those cuts are necessary that we do not have the guts to do our- taxes. The three-fifths rule serves as a for the welfare of this country. selves, let us tell the American people vital disciplinary tool. It will help Con- My second concern is, while I agree what we are really doing. Let us be gress resist the temptation to fall back that the Constitution is a living, honest with the American people. into the liberal tax-and-spend habit of breathing document, it is not a docu- If the American people knew what the past 30 years. It will keep Congress’ ment that we should take lightly. It is this balanced budget amendment would sticky fingers out of the American tax- not subject to every political whim, do, there would be a hue and cry in the payer’s back pocket. Are not American and the people will say that we are land. people already being taxed enough? good politicians. It is a sacred docu- We are exempting social security. I Forty-nine States operate with a bal- ment. It has only been amended 27 agree. We are telling our senior citi- anced budget amendment. Every Amer- times in more than 2 centuries. There- zens that by exempting social security, ican working family must balance fore, we should take as sacred our re- they will be all right. Who is kidding their checkbook each month. sponsibility to first deliberate, then whom? Do you know the Medicare cuts Is it not time for the Federal Govern- understand, then to inform the Amer- that will come as a result of this bal- ment to start living within its means ican people what it is we are about to anced budget amendment? My senior as well? I urge all my colleagues to do. citizens and senior citizens across this vote in favor of the Barton amend- b country that are on Medicare and can- ment. 1820 not make ends meet now will face cuts Mr. CONYERS. Mr. Chairman, I yield Mr. HYDE. Mr. Chairman, I yield 1 of 20, 30, 35 percent. They cannot get 2 minutes to the gentlewoman from minute to the gentleman from Florida money to pay for prescription drugs or North Carolina [Mrs. CLAYTON]. [Mr. FOLEY]. the health services they need now. For- (Mrs. CLAYTON asked and was given (Mr. FOLEY asked and was given per- get it after the balanced budget amend- permission to revise and extend her re- mission to revise and extend his re- ment. marks.) marks.) January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 645 Mr. FOLEY. Mr. Chairman, I rise fast action when we have a recession disregard this most basic premise of de- today in strong support of the constitu- and need to do something counter- mocracy: majority rules. tional amendment to balance our budg- cyclical to deal with the recession. But Over the past 25 years, Mr. Chairman, et and especially the Barton amend- I will not vote for amendments that a clear willingness to borrow from to- ment with the three-fifths provision. allow for a minority to control budg- morrow for today’s gratifications has Almost 180 years ago, Mr. Chairman, etary decisions. been shown by administrations, Demo- Thomas Jefferson, a man well ahead of So, Mr. Chairman, I will vote against crat and Republican, by Congresses, his time, stated, ‘‘To preserve our inde- the Barton amendment and hope that Democrat and Republican, and the pendence we must not let our rulers it is defeated. American people. Therefore, Mr. Chair- load us with perpetual debt.’’ Mr. HYDE. Mr. Chairman, I yield 1 man, I think circumstances justify, or Now I have heard from a lot of people minute to the distinguished gentleman maybe even demand, a three-fifths re- today saying, ‘‘When the American from New Jersey [Mr. MARTINI]. quirement for a supermajority to bor- public finds out how you are going to (Mr. MARTINI asked and was given row money as it relates to our national do this, they will be outraged.’’ permission to revise and extend his re- debt and to place such a restraint in My colleagues, the American public marks.) our most basic document of govern- is outraged now, is asking us, ‘‘How do Mr. MARTINI. Mr. Chairman, I ment, the United States Constitution. you do it? If I bounce a check, the bank thank the gentleman from Illinois [Mr. Always in these arguments about will shut my account. If I go over my HYDE] for yielding this time to me. spending, Mr. Chairman, those whose limit on my Master Card, they will cut Mr. Chairman, once again the House voices are not heard in these decisions my credit.’’ is about to consider a balanced budget to raise the debt ceiling are those who The United States of America spends amendment. I rise today to throw my are not here: our children, our grand- money it does not have while parents support behind this important meas- children and their children. On the at home have to tell their children, ure, particularly the Barton amend- other hand, Mr. Chairman, there is a ‘‘You can’t go to the University of ment. significant and profound influence in Florida or Florida State. We have to For the last 25 years, Mr. Chairman, our body politic to prevent this or any keep you at home because we can’t af- ford the tuition.’’ Parents make those this Chamber has accumulated deficits Congress from raising taxes. choices every day. The American Gov- that defy logic. After a quarter century Mr. HYDE. Mr. Chairman, I yield 1 ernment must make those same of living on borrowed money, today I minute to the distinguished gentleman choices. say ‘‘Enough is enough.’’ from Florida [Mr. MILLER]. Mr. Chairman, we must balance this Previous attempts to balance the Mr. MILLER of Florida. Mr. Chair- budget in order to assure future gen- budget without a constitutional man, I rise in strong support of the tax erations the same opportunities we amendment have failed. Time after limitation balanced budget amendment have in this country. time Congress has shown that it lacks to the Constitution. Mr. CONYERS. Mr. Chairman, I yield the discipline to adhere to goals that it Without question, Mr. Chairman, this 2 minutes to the gentleman from Mas- sets for itself. It is clear only a new ap- is the single most important budget re- sachusetts [Mr. OLVER]. proach will bring lasting fiscal re- form contained in our Contract with (Mr. OLVER asked and was given straint on this body. America. permission to revise and extend his re- Mr. Chairman, the world will not As the recent debate over Federal marks.) come to an end if this amendment funding for the Corporation for Public Mr. OLVER. Mr. Chairman, we are passes. Those naysayers who claim Broadcasting has demonstrated, every fast approaching 5,000 billion dollars in that the sky will fall if we embrace fis- item in the Federal budget has a spe- debt, and the interest on that debt is cal responsibility in our Constitution cial interest constituency ready to $200 billion every year. That interest are just the guardians of an oversized lobby Congress to protect their funding on the debt is greater than the deficit government that has betrayed the and their programs. The outcry from for this year for the first time, and it American taxpayers by wasting too these organized interests will only get will be for many years in the future. much of their money. Let us end the louder as we continue to look for ways Much of that interest goes to foreign congressional spending spree and sup- to control the size of government. A sources, and it denies our people’s port the balance budget amendment. well-drafted constitutional amendment needs that we should be paying that in- Mr. CONYERS. Mr. Chairman, I yield will protect the general taxpayers’ in- terest. But how did we get here? 2 minutes to the gentleman from Ten- terests from this continued onslaught The majority of us in this Chamber nessee [Mr. TANNER]. of special interests, giving Congress were not here when the vast decisions (Mr. TANNER asked and was given the backbone to cut spending first. were made on this issue. For a 12-year permission to revise and extend his re- That is why tax limitation is so crucial period not one budget was presented marks.) to reducing the size and scope of gov- that was in balance by either President Mr. TANNER. Mr. Chairman, this is ernment. Bush or former President Reagan. And the fourth time that I have been on the As former President Ronald Reagan the Congress, after passing those budg- floor on this subject since I came here was fond of saying, ‘‘The American ets, those budgets which were than pre- 6 years ago. I am in my seventh year people are not taxed too little. The sented and signed by those Presidents, now. We have come within 12 votes one government spends too much.’’ all of those budgets which were out of year, 9 votes one year, and, I think, I say to my colleagues, ‘‘If you agree balance, not a single one of them was even 7 votes one time, and I want to that Federal spending, not lack of new vetoed. So, I deplore the history that commend the gentleman from Texas taxes, is the reason for the deficit prob- got us to that point, and it was in that [Mr. STENHOLM] and the gentleman lem, then support the tax limitation period of time that we went from 1,000 from Colorado [Mr. SCHAEFER] for balanced budget amendment.’’ billion dollars to 4,500 billion dollars of bringing once again, I think, a work- Mr. CONYERS. Mr. Chairman, I yield debt. able solution to our problems. 3 minutes to the gentleman from Indi- So, I intend to vote for some of the Abraham Lincoln, our 16th President, ana [Mr. ROEMER]. proposals for balanced budgets. I will once said, ‘‘A majority held in re- (Mr. ROEMER asked and was given vote for those that involve capital straint by constitutional checks and permission to revise and extend his re- budgeting because every family and limitations is the only true sovereign marks.) every State in this country provides of a free people. Whoever rejects it Mr. ROEMER. Mr. Chairman, I rise for some degree of amortization for its does, of necessity, fly to anarchy or to in very strong support of the balanced investments in the future, for con- despotism.’’ budget amendment, and I believe that struction of long-term nature at the I think, if he were here today, he this issue should unite Democrats and State level, for homes at the family would say the same thing. What he said Republicans, liberals and conserv- level. I will vote for the protection of was, in my words: There must be a atives, Perotists and populists. I be- Social Security. I will vote to allow the clear, cogent and compelling reason to lieve that we all should get behind a H 646 CONGRESSIONAL RECORD — HOUSE January 25, 1995 balanced budget, and I believe we and grandchildren. Our debate today about a Mr. HYDE. Mr. Chairman, I am should for the following reasons: balanced budget is really a debate about the pleased to yield 2 minutes to the dis- We are currently spending $212 bil- future of this country. tinguished gentleman from Texas [Mr. lion on interest on the debt. Let me re- Clearly, spending cuts are the best way to SMITH]. peat: $212 billion on interest on the achieve a balanced budget. Throughout my Mr. SMITH of Texas. Mr. Chairman, I debt. career, I have never hesitated to make the thank the chairman of the Committee b 1830 tough choices to cut spending, even where my on the Judiciary for yielding. votes were not always politically safe or popu- Mr. Chairman, on November 8, the That is 14 percent of our budget; $14 lar. Spending cuts must continue to be our top American people put their bloated Fed- out of every $100 collected from our priority. eral Government on a diet. The bal- taxpayers go to interest payments. While the balanced budget amendment is Now, to a fiscal conservative, natu- anced budget amendment with tax- not a panacea for all of our economic ills, I be- payer protection is step 1 in Washing- rally that would be outlandish and of- lieve that it will help. It will provide a badly fensive, to spend $212 billion on inter- ton’s weight loss program. needed element of discipline to the budgeting Federal fat has been growing for the est payments, and to a social liberal, to process, by requiring the President to submit past 25 years. Since 1969, when Con- spend $212 billion on interest pay- a balanced budget, and prohibiting Congress gress last balanced the budget, the debt ments, when you might argue that it from enacting a budget where spending ex- has grown to $4.6 trillion. How Con- should go to Head Start, immuniza- ceeds revenues. tions for children, technology invest- Mr. Chairman, while I strongly support the gress chooses to shed Federal fat is ments. All Democrats and Republicans balanced budget amendment, I want to make critically important. The balanced should be behind a balanced budget. it clear to the senior citizens in my district that budget amendment with taxpayer pro- But, Mr. Chairman, if this is the I believe that Social Security should be fully tection causes the Government to backbone, then comes the courage. We protected. I am pleased that earlier today the change its eating habits by cutting must work in bipartisan ways to come House passed overwhelmingly House Concur- spending first. up with majority votes to cut spending. rent Resolution 17 which directs Congress to Like so many would-be dieters, the Not Social Security, but cut spending leave Social Security alone when it is forced leaders of the minority have all kinds on a space station that is over budget, to comply with the balanced budget amend- of excuses as to why the Government cut spending in our own personal of- ment. can’t be made lean. These excuses can fices and pass a law so we can have Mr. Chairman, since I was first elected to be termed budgetspeak. that money go to the Treasury Depart- Congress, I have supported a balanced budg- Budgetspeakers contend that massive ment so we have it go to take down the et amendment. While a balanced budget cuts would be needed to balance the debt. We must come up with cuts in the amendment will not eliminate all wasteful Gov- budget. They argue that every Govern- Interstate Commerce Commission, in ernment spending, it represents a significant ment program is indispensable and ir- the Agricultural Conservation and Sta- reducible. bilization offices. Across the board we step toward controlling spending. In recent must look at programs in a bipartisan days, much attention has been focused on tax Outside the corpulent Capitol, the way. cuts. In my view, deficit reduction is the best American people know better. In re- Finally, I know that tax cuts are as tax cut for all Americans. ality, Congress can balance the budget popular as apple pie, but apple pie has Mr. Chairman, the future of our children and by reducing the increase in spending. to be paid for. We are talking about a their children is at stake. Let us pass the con- According to the Clinton administra- balanced budget. If we have to come up stitutional balanced budget amendment to en- tion’s own numbers, if spending in- with $200 billion for tax cuts, why do sure that their future is full of hope rather than creases by 3 percent rather than by 5 we not concentrate on the balanced crippling debt. percent, as currently projected, the budget for the next year, and then de- Mr. HYDE. Mr. Chairman, I am budget will be balanced in 7 years. termine if we have money for tax cuts? pleased to yield 1 minute to the very Budgetspeak also contends that by I think the American people want us to distinguished gentleman from Arkan- taxing Americans more, the Govern- make those tough cuts in spending, and sas [Mr. HUTCHINSON]. ment somehow will spend less. Yet balance this budget. Because if we bal- Mr. HUTCHINSON. Mr. Chairman, I both President Clinton and President ance the budget, that is the best tax rise in strong support of the Barton Bush painfully learned that tax in- cut we can give for all Americans. balanced budget amendment. creases cannot solve our fiscal woes. Working Americans, every American Mr. Chairman, I remind my col- Just last week, the President’s Budget benefits from lower interest rates, from leagues of a few facts: In the last 30 Director Alice Rivlin admitted that the a growing economy and jobs, and we years, the Federal Government has bal- administration had no plan to balance anced its budget exactly one time, 1969. get much-needed credibility back in the budget. The national debt amounts to $13,000 this institution that we can do things. Budgetspeakers deride this amend- per person in this country, and the in- I encourage all votes for a balanced ment as a gimmick. They assert that terest payments now amount to over budget amendment. Congress should instead make serious $800 per person per year. But opponents Mr. Chairman, I rise in strong support of the choices to reduce the deficit. Yet look say we do not need an amendment, just constitutional balanced budget amendment. As at the voting record of these we are all too well aware, Federal budget defi- let Congress make the spending cuts. Well, most proposals or spending cuts budgetspeakers. The National Tax- cits have been and continue to be a chronic payers Union, a nonpartisan watchdog problem which plagues the Nation. In 56 of are like the magician’s trick of sawing in half the lady in the box. There is a organization, tallied the votes of the the last 64 years, the Federal Government has 103d Congress and graded every Mem- run a deficit. We have now reached the point great deal of hoopla, there is a great ber of Congress on how carefully they where the public debt of the United States ex- deal of fanfare, and then something ap- spent the American people’s hard- ceeds $4.7 trillion. That is crazy! pears to be cut. But when it is all over, earned money. Every member of the According to the Congressional Budget Of- nothing much has changed. fice, the interest payments on the debt will That is why we need a balanced budg- Democratic leadership received an cost the American taxpayers $212 billion this et amendment, to discipline our own ‘‘F.’’ year alone. Put another way, 14 percent of profligate spending habits. And we Mr. Chairman, the American people every tax dollar that the Government collects need to have the supermajority re- understand budgetspeak is code for will be used to pay the interest on the debt. quirement, the tax limitation proposal. why the Government can’t diet today. These are funds which we could and should We have it in the State of Arkansas, Mr. Chairman, as chairman of the be using for programs such as Head Start, where I am from, and it works in Ar- contract with America’s working group child nutrition, education, job training, and so kansas and it will work here. that produced this amendment, I urge many other important programs. Mr. Chairman, deficit spending is its passage. This deficit continues to harm our Nation's stealing. It is stealing from our chil- Mr. HYDE. Mr. Chairman, I am economy, stifles economic growth, and jeop- dren and it is stealing from our grand- pleased to yield 2 minutes to the gen- ardizes the future prosperity of our children children, and it must stop. tleman from Virginia [Mr. GOODLATTE], January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 647 a very valuable member of the commit- three-fifths supermajority, tax limita- budget over 5 years. It would have cut tee. tion provision to keep future Con- over $698 billion in spending, and of- Mr. GOODLATTE. Mr. Chairman, I gresses focused on cutting spending fered the American people over 500 spe- thank the gentleman for yielding. and reducing the size of government. cific program cuts. Mr. Chairman, I keep hearing the op- In the Judiciary Committee, we It would have cut the grants that cre- ponents of this amendment claim that passed this version of the balanced ate jobs and private low income hous- they oppose the amendment because of budget with strong support of the ing in cities by $23.9 billion. the spending cuts that will affect their Members. It would have cut child nutrition pro- favorite programs that they feel are Here in this body we have heard the grams, like school breakfasts and going to hurt people when they are cut. message that people are tired of the lunches, and WIC, by $1.9 billion. But what about their concern for the waste, tired of the excess and tired of Medicaid payments to hospitals, future of our children and grand- the debt. Last November the people serving large populations of the poor, children as we continue to pile debt spoke and they want action on the BBA would have been cut by $27.5 billion. upon debt on them? now. The Solomon plan did not raise We now are averaging deficits of ap- However, there are still those who taxes. It did not touch Social Security. proximately $200 billion a year, a $4.7 continue to persist in a vain effort to And it increased defense spending. But trillion debt. That is $18,000 for every defeat the will of the people. A number at least it was honest. And altho that single person in this country. And as of self-serving arguments have been sounds a lot like the Contract with we increase that debt, we increase the made in defense of the status quo. One America, only 56 Republican Members interest payments. And right now by such argument is that we should not voted for it. doing that year after year, we are re- consider the balanced budget amend- We must then assume the proponents ducing the portion of the debt budget ment until we have laid out every sin- of this amendment are looking for each year that can be used to spend on gle line item to be cut. something different. And thus, the programs, because an increasing pro- That is like telling coach Seifert of question still stands. How do you cut portion of it has to go to pay for inter- the San Francisco 49ers that before he $1.3 trillion in spending? est on that debt. We need to stop that can play the Chargers this Sunday in I, along with JOHN CONYERS and JOSEÂ increase in the debt, we need to cut it the Super Bowl, he must turn over the SERRANO, sent a survey to every member of back. playbook before the big game. this House, asking how they'll cut the budget. Voting for this amendment is going It is an absurd argument to say we So far, we have not received a single re- to be an important part of this process, cannot vote on the balanced budget sponse. but it is only going to be the begin- amendment until we let opponents gut ning. We are going to have to step up the bill. Just as it is absurd to expect I am convinced that there is a reason why and make those cuts, but we are going the 49ers to play, knowing that their the proponents of this amendment won't tell to do it in the interests of our children opponent has their playbook. us how they'll find $1.3 trillion in spending and our grandchildren. What does make sense are rules that cuts. We must make sure that the budget apply to the big game and established Because the cuts will be so draconian that is balanced by cutting spending, which the limits that make the game play- they will destroy what is left of the safety net. never seems to happen in this House, able. In the same way, the American Because the cuts will be so severe that we particularly on the domestic spending people are demanding new rules, rules will have to break our contract with senior citi- side. We cannot do it by continuing to that set finite limits about spending, zens. increase the percentage of people’s in- and therefore, the size of government. Because the cuts will be so tough that they comes that goes to taxes. will bankrupt Urban America, I strongly urge b We have a situation where year after 1840 my colleagues to vote against the balanced year, whenever we have a crisis with Mr. CONYERS. Mr. Chairman, I yield budget proposal. our spending, we increase taxes, we do 3 minutes to the gentleman from Penn- I am convinced that they only amendment not decrease the spending. And that is sylvania [Mr. FOGLIETTA], creator of before us that will balance the budget in a re- why we have got to support the Barton the urban caucus. sponsible way is through the creation of a amendment to level the playing field, (Mr. FOGLIETTA asked and was capital budget. That's why the Wise substitute because historically we have found it given permission to revise and extend is the only responsible and honest amend- easier here to increase taxes than to his remarks.) ment. It allows us to borrow money to pre- cut spending. Mr. FOGLIETTA. Mr. Chairman, I serve and expand our capital, just like States This has historically proven to work thank the gentleman for yielding time and cities do, just like every American family in States that have the supermajority to me. does in attaining the American dream of home requirement, and I urge the support of Mr. Chairman, I rise today in strong ownership. It is important that it would leave the Barton amendment. opposition to the Republican balanced enough room in the opening budget to keep Mr. HYDE. Mr. Chairman, I am budget amendment proposal. The the safety net in tact, and spend money to pleased to yield 2 minutes to the dis- amendment forces us to play blind meet national priorities like education and eco- tinguished gentleman from Georgia man’s bluff with the economic prosper- nomic growth. [Mr. BARR]. ity of our Nation, and the safety net The remaining amendments leave us in the Mr. BARR. Mr. Chairman, I thank for our most vulnerable citizens. dark and could jeopardize this Nation's very the gentleman for yielding time. For 2 years, the work of our Presi- future. Mr. Chairman, for too long the Amer- dent and the Congress has reduced the Mr. HYDE. Mr. Chairman, I yield 1 ican taxpayer has suffered from Con- deficit. We can make much more minute to the gentleman from Ohio gress’ inability to control spending. progress with more hard work, more [Mr. CHABOT], a very valued member of That is why people all across the coun- tough decisions and more courageous our committee on the Judiciary. try, and in particular my constituents votes. Mr. CHABOT. Mr. Chairman, I rise in in Georgia’s seventh congressional dis- However, this legislation is far from support of the Barton amendment trict, so strongly support the balanced responsible. It is neither hard, nor which I believe will best protect the budget amendment as the first critical tough, nor courageous. What’s missing American taxpayer. Since this House step to reining in reckless spending here is honesty. Honesty that would last voted on a balanced budget amend- practices of the past. come if the proponents set out the de- ment, just 10 months ago, before I got Passing a balanced budget amend- tails of how $1.2 trillion in cuts would here, I might add, the national debt ment, however, is not enough. True be made. has increased by $160 billion, less than protection for the taxpayer means One time, we had a vote on such a a year, $160 billion. That is a whole lot passing the BBA with the Tax Limita- plan, though I did not agree with it. It of debt. tion or Taxpayer Protection Act. Put- came from the gentleman from New Well, it is time we had the courage to ting real teeth in the balanced budget York, now Chairman of the Rules Com- do something about it. It is time we amendment, means we must pass the mittee. It would have balanced the passed a balanced budget amendment. H 648 CONGRESSIONAL RECORD — HOUSE January 25, 1995 Let us face it, Americans are forced better in three ways: First, it puts the balance the budget in 5 years. And ac- to send far too many of their hard- numbers before the American people so tually, during that period of time, Fed- earned dollars to this city. We must they can understand the pain and sac- eral spending would go up, about $8.2 pass a balanced budget amendment rifice necessary to achieve a balanced trillion of spending over 5 years. We did now. I support balancing the budget by budget. That is fair disclosure. Second, not even touch Social Security. cutting spending, not by raising taxes. it holds the President and Congress ac- Mr. CONYERS. Mr. Chairman, I yield countable by requiring consideration. b 1850 3 minutes to the gentleman from Texas You have to vote on the issue, not just We thought it was a pretty good plan. [Mr. BENTSEN]. to waive the requirement as the It garnered 73 votes. Congress has (Mr. BENTSEN asked and was given amendment process would allow. And, failed to balance the budget for 25 permission to revise and extend his re- third it allows us to more quickly ad- years in a row. Who can look at this marks.) dress our budgetary problems because record and honestly say that they be- Mr. BENTSEN. Mr. Chairman, I rise this legislation can be adopted and im- lieve the budget will be balanced by in opposition to the resolution. I sup- plemented for fiscal year 1997. If we are trusting the will of Congress? Congress port a balanced budget, but the pro- really serious about balancing the does not lack ideas of specificity on posed constitutional amendment in no budget, we should begin the process how to balance the budget, it lacks the way guarantees that we will achieve now, not in 2002. political will to do so. one, and even then, not until 2002 at My colleagues, like many here today, Mr. Chairman, I would suggested the earliest. As the gentleman from Il- on both sides of this issue, I do not that the Barton balanced budget linois, the chairman of the Committee stand before you with an iron-clad plan amendment be passed. said in his opening statement, this leg- to balance the budget. I believe there is Russert: ‘‘Mr. Secretary, you sound like islation is about process, and I believe no one in this House who could achieve you don’t want to balance the budget. I this process is flawed for several rea- that plan without severe pain and sac- mean, how long would it take to actually sons. rifice. If we are going to get serious balance the budget?’’ First, this bill would amend the Con- about achieving that goal, then we Reich: ‘‘The President is against simply stitution to require the Congress to must be willing to go to the American balancing the budget . . .’’ achieve a balanced budget by 2002 or people and lay out the details. Russert: ‘‘. . . what about actually bal- the date after which the States have Like many of my new colleagues, I came to ancing the budget? How long would it take ratified such an amendment, but it in to actually bring its budget into balance the Congress from the private sector where with an orderly and disciplined campaign?’’ no way details how the President or balanced budgets are a necessity if you wish Reich: ‘‘But Tim, your question assumes Congress would meet the targets nec- to remain in business for a long time. I learned that the goal is to balance the budget . . .’’ essary to do so. It is ironic that as we that the only way to achieve cuts was by sit- Russert: ‘‘So the goal of a balanced budget begin this debate, few, if any of the ting down together, reviewing the data and is not your goal?’’ proponents have ever submitted a bal- sharing in the sacrifice. If we are going to bal- Reich: ‘‘The goal of a balanced budget is anced budget for consideration by the ance the budget, we must sit down with the not my goal.’’ Congress. Few, if any, have come to the American people at the same table and re- This was the exchange between Labor Sec- floor during this debate to explain to solve together a map toward a balanced budg- retary Robert Reich and Tim Russert of NBC the American people what a balanced et. I have a plan which provides the process News on Sunday, January 15. Secretary budget would look like. While many to do so which I have offered. This bill, in my Reich's comments epitomize the attitude of argue that Social Security is off the opinion, falls short of that goal because it fails the Clinton administration toward balanced table, we have no guarantees. Some to tell us how we get from here to there and budgets, and the balanced budget amend- have gone as far as to say that a bal- therefore I must oppose its passage. ment, which will soon be before Congress. anced budget would make one’s knees The CHAIRMAN. The Chair wishes to Secretary Reich's comments, and the Presi- buckle and to disclose such informa- announce that he inadvertently short- dent's continued opposition to the balanced tion would most certainly mean defeat ed the gentleman from Pennsylvania budget amendment, suggest that the adminis- of this measure. My colleagues, that [Mr. FOGLIETTA] by 1 minute and has, tration did not ``get the message'' of the last candor in lack of disclosure begs the therefore, added 1 minute back into the election. Two recent polls, CBS and USA question that we must answer for the time of the gentleman from Michigan Today/CNN, found that 80 percent of Ameri- American people, what cuts must we [Mr. CONYERS]. cans support a balanced budget amendment make to achieve a balanced budget? Mr. CONYERS. Mr. Chairman, I to the Constitution. Will it cut Medicare and veterans bene- thank the Chair. In the debate over this amendment, you will fits? Will it cut education and college Mr. HYDE. Mr. Chairman, that last hear many arguments by those opposing it. A loans? If that is the will of the Con- activity of the Chair is not debatable, I recent argument is that those supporting the gress, the people deserve a right to take it? amendment must itemize which programs know. The CHAIRMAN. No, it is not. would be ``cut'' before passing the amend- Second, this legislation, which I re- Mr. HYDE. Mr. Chairman, I yield 1 ment. That's been done: Last year Congress- state is one of process, is inherently minute to the distinguished gentleman men GERRY SOLOMON, FRED UPTON, and I flawed. Whichever you choose, the Con- from Illinois [Mr. FAWELL], the head of brought a budget plan to a vote which bal- gress may waive the requirement of a the pork busters caucus. anced the budget in 5 years without any tax balanced budget by a vote. So if we are (Mr. FAWELL asked and was given increases. There were no cuts in overall Fed- not willing to tell the American people permission to revise and extend his re- eral spending, but rather, decreases of how we would balance the budget will marks.) planned increases in spending! We itemized we be willing to actually follow Mr. FAWELL. Mr. Chairman, during 600 specific spending cuts, saving $700 billion through in 2002 when the knee buckling the debate Members argue, of course, over 5 years. Nevertheless, overall Federal hard decisions must be made? There is that we do not need a constitutional spending was still allowed to rise $327 billion no guarantee. amendment because Congress can be over 5 years. Yet, the plan garnered only 73 I believe we must take efforts to bal- trusted to balance the budget without votes, 218 are needed for passage. ance our budget, but to impose fiscal one. The point I'm making is that Congress does restraints through the Constitution Well, that is what I thought 10 years not lack ideas for how to balance the budget. without any explanation is not the ago, when I came to Congress. Since Congress lacks the political will to do it. A con- way. I have argued for, and I have in- then, Congress has rejected countless stitutional mandate will fortify that will. troduced, legislation which provides for attempts to balance the budget. Just Another argument often heard is that we a better, more efficient process. Rather last year the gentleman from New don't need a constitutional amendment be- than amend the Constitution, why not York [Mr. SOLOMON] and the gentleman cause Congress could be trusted to balance amend the Budget Control Act and re- from Michigan [Mr. UPTON] and I the budget without any constitutional amend- quire the President to submit a bal- brought a budget plan to the floor. ment. Technically, that's true. Nor do we need anced budget and the Congress to con- We specified, for instance, something the first amendment of the Constitution to sider one, next year. This process is like $700 billion worth of cuts. It would guarantee free speech. But we all feel safer January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 649 with that first amendment rather than trusting astate children by cutting Head Start What is left to cut $1.2 trillion to bal- Congress not to pass laws infringing on our and other children’s programs, but no ance the budget? Social Security, free speech. one who is saying they are for this is which the Republicans have refused to With respect to attempts to balance the saying how they will do it. Everyone include in this balanced budget amend- budget, we have tried the statutory route; and talks about how well families have to ment as exempted; Medicare, edu- tried, and tried. In 1974, Congress passed the balance the budget and local govern- cation, Head Start. What is the conclu- Budget Control Act to end deficit spending. ments have to balance the budget and sion? We have heard it before: ‘‘Read The deficit and debt grew. In 1985, Congress States have to balance the budget, and my lips.’’ The problem is we are not enacted Gramm-Rudman I which required a that is right. being told what there is. balanced budget by 1990. Congress ignored Let us take a family under his bal- Mr. HYDE. Mr. Chairman, I am it, then repealed it. In 1987, we passed anced budget amendment proposal by pleased to yield 11⁄2 minutes to the dis- Gramm-Rudman II which required a balanced the majority party. Could a family out tinguished deputy majority whip, the budget by 1992. Congress repealed it in favor in the real estate market go out there gentleman from Illinois [Mr. HASTERT]. of the 1990 Deficit Reduction Agreement, an- and buy a house? They could if they (Mr. HASTERT asked and was given other 5 year plan to cut the deficit which in- could come up with every single dollar permission to revise and extend his re- clude $222 billion in new taxes. It failed, new and dime and cent that that house marks.) taxes and all. With a new President, in 1993, would cost, because under this proposal Mr. HASTERT. Mr. Chairman, I rise in the third year of the previous 5-year plan, they could not run a deficit for a year, in the strongest possible support of the Congress tried again with the Deficit Reduc- so that family would not be able to tax limitation substitute of House tion Plan which included the granddaddy of all take out a 30-year mortgage, not be Joint Resolution 1 that has been put tax increases: $250 billion. Most of the 1993 able to take out a 15-year mortgage. forward by my friend, the gentleman plan's cuts were in the out years, years 4 and They could take out a 1-year mortgage, from Texas [Mr. BARTON]. I have heard but by the end of that year they had 5. It is another failure as deficits are expected comments from our friends on both to soar toward the end of the decade. better pay it all up or they cannot get sides, but especially one comment from Congress has failed to balance a budget for that house, and they are out. one of our colleagues on the other side 25 years in a row. Who can look at this record What about student loans? How many of the aisle several speeches ago that honestly and say they believe the budget will folks have children in school or desir- said ‘‘The President, over 12 years of be balanced by trusting the will of Congress? ous of going to college? Forget about There is a debate as to whether the con- borrowing money from the Government Republican Presidents, had never stitutional amendment should include a provi- under the NDSL, the GSL or other stu- signed the budgets that were unbal- sion requiring a ``three-fifths supermajority in dent loan programs at low interest anced, and he had never once vetoed both Houses,'' as opposed to a simple major- rates that allow people to do it, be- that budget.’’ ity, to raise taxes as part of any budget bal- cause by the end of the year that fam- That is not true, because the Presi- ancing plan. I support the inclusion of this ily has to balance its books. dent does not sign a budget and the supermajority provision in the Barton balanced Auto loans? Want a car? Need a car? President does not veto a budget. That budget amendment. Tax increases are not es- the person had better be able to pay all is part of the problem. The President sential in order to balance the budget. As I the cost of that car by the end of the does not have any control over this said, we don't even need an overall cut in year. budget. It is Congress that passes the Federal spending. It can be done by simply I had a amendment which would have budget. Forty years of Congresses have decreasing increases in spending. Should the changed the way we look at this bal- passed a budget that basically is out of Barton balanced budget amendment be de- anced budget amendment, and said if control. feated, I intend to support the Schaefer bal- we happen to have a surplus one year, The U.S. Congress has not been able anced budget amendment and pass the then let us use that surplus as a rainy to control itself in meting our dollars toughest balanced budget amendment pos- day fund for those days or those years and cents to the various programs sible. that come along when we have a reces- across this country, and do it without Mr. CONYERS. Mr. Chairman, I am sion. mounting that debt higher and higher pleased to yield 31⁄2 minutes to the gen- I could not even get that amendment and higher every year. tleman from California [Mr. BECERRA], considered in committee. I was blocked In the past, as recently as two short a distinguished member of the Com- in a closed rule which would not allow years ago, this House passed the larg- mittee on the Judiciary. the debate. If I wanted to add that est tax increase in history, and it (Mr. BECERRA asked and was given amendment today, I would not be able passed it off to the American people as permission to revise and extend his re- to because this debate is closed, only to deficit reduction. That is why the sub- marks.) that which the majority said we can stitute offered by the gentleman from Mr. BECERRA. Mr. Chairman, I debate. Texas [Mr. BARTON] is critical. Adopt- thank the gentleman from Michigan, This amendment, Mr. Chairman I ing this balanced budget proposal and the ranking member, for yielding time cannot offer, as much sense as it might requiring a super majority vote in to me. make. Understand something, all the order to raise taxes will ensure that we Mr. Chairman, having listened to all money that we spend in a year, if we can no longer look to the wallets and the remarks that have been said by end up with a surplus, those agencies the pocketbooks of the American tax- most of the Members, it occurs to me that ran that surplus know they can- payers to save us from ourselves. we probably, in these few hours, have not use that money. It goes back to the Mr. Chairman, a national debt of $4.5 had to debate what will be a constitu- Treasury. trillion should finally convince every tional amendment to the Constitution What does it encourage? The use or Member in this Chamber that Congress of this country, and hopefully will last lose mentality. ‘‘I have the money in has not got the discipline to solve its more than the 200 years that we have my account. I had better use it, or I am own problems. This balanced budget already spent as a democracy. It occurs going to lose it for next year.’’ That is amendment will put discipline upon us. to me perhaps the best thing we could not prudent spending. Mr. CONYERS. Mr. Chairman, I am have done is had every Member who Where will the cuts come? I believe delighted to yield 4 minutes to the gen- came on the floor to speak say exactly we can say that the majority here is tlewoman from California [Ms. PELOSI]. how he or she would propose that we playing hide and seek. First the Repub- Ms. PELOSI. Mr. Chairman, I thank cut the budget to balance it, if they in licans tell us they are going to increase the gentleman from Michigan for yield- fact are supporting a balanced budget military spending, not cut it, just in- ing time to me, and for his leadership amendment. crease it. Second, we know we have to on his amendment, which I will address That is the best thing we could do, pay the debt, the interest on the debt, in my remarks. because everyone says they want to do which is around $250 billion. That Mr. Chairman, I rise with the great- it and they do not want to inflict pain amounts to about 30 percent of the est respect for the gentleman from on seniors when it comes to Social Se- budget. Off the table, we cannot con- Texas [Mr. BARTON], and in strong op- curity, and they do not want to dev- sider it. position to his amendment. I object H 650 CONGRESSIONAL RECORD — HOUSE January 25, 1995 particularly to the three-fifths provi- people, so they treat the American peo- tures, the very body that will be sion of his legislation, but after care- ple as adversaries in this whole proc- charged with ratifying the balanced fully listening to the debate, I have ess. budget in the various State capitals concluded that while being a strong Ms. PELOSI. Reclaiming my time, around the country. proponent for reducing the deficit, I do Mr. Chairman, although we take pride But, Mr. Chairman, while I am some- not believe that we should amend our in San Francisco of the 49ers being a what disheartened by the fact that un- Constitution to do so. gentlemanly team, when we talk about funded mandates are not at issue in Mr. Chairman, as I was listening to football it is a tough game, and I do this amendment, we hope to take it up the debate, I thought it might be useful not think we should play hardball with separately this summer. to once again review, and we just made the American people. I think they have Mr. CONYERS. Mr. Chairman, I yield this quickly in our office, so this is not a right to know. 2 minutes to my friend and colleague, a very fancy chart, but just to call to We should support the Conyers the gentleman from California [Mr. the attention of our colleagues once amendment, and in addition to that, if TUCKER]. again some of the facts regarding our we are serious about balancing the Mr. TUCKER. Mr. Chairman, I thank budget. budget and reducing the deficit, we had the gentleman from Michigan for yield- The fact is, Mr. Chairman, we take in better get serious about real health ing me the time. each year more money than we spend care reform, so that we can reduce the Mr. Chairman, obviously we are all in our budget, except for the net inter- increase in health care expenditures est on our national debt. The projected that are the rising cost of our deficit in concerned with balancing the budget. deficit for this year is $167 billion. The our national budget. There are three areas, however, Mr. net interest on our national debt this Chairman, that are bones of conten- b 1900 year is $235 billion. We have taken in tion. The first one is the area that my $68 million more than we spend each But let us just remember once again, illustrious colleague who just yielded year, except for the interest on the na- we take in more than we spend except to me has produced an amendment tional debt. That is a great big excep- for the price tag on the failed trickle- about, and that is to have truth-in- tion. down economics. budgeting. My colleague, the gentleman from Mr. HYDE. Mr. Chairman, I yield 2 We should be honest with the Amer- California [Mr. BECERRA], referenced minutes to the gentleman from New ican people. As my colleagues just indi- that families cannot live within the Jersey [Mr. FRANKS]. cated before I came up here, Mr. Chair- limits if they have to pay for their (Mr. FRANKS of New Jersey asked man, we should not play hardball with house in one year, or their car, et and was given permission to revise and the American people. They are not our cetera, but we cannot even deduct this extend his remarks.) adversaries. Therefore, we should be interest from our taxes. This is the Mr. FRANKS of New Jersey. Mr. honest with them. Let them know price we are paying for the failed trick- Chairman, Federal spending is out of where the cuts are going to have to le down policies. Let us not make that control. It is bankrupting our national occur because they are going to have to mistake again in the contract. That is Treasury and threatening the quality occur right in their pocketbook, a little bit of a separate issue from the of life that our children will enjoy in whether we are talking about Social balanced budget amendment. the next generation. Security or whether we are talking Mr. Chairman, our other distin- There is only one iron-clad way to about our young. stop this runaway freight train, and guished colleague, the gentleman from It reminds me, Mr. Chairman, of an that is through the adoption of a con- Georgia [Mr. BARR], mentioned that it adage that says you can judge a society stitutional requirement that this insti- would be like the 49ers giving the play very carefully by how it treats its el- tution balance the American people’s book to the Chargers for this Congress, derly and how it treats its young. So this majority, to show what cuts they budget. That is why tomorrow I will be this is how we must look at balancing would make, we would make, to the the budget. American people before we approve bal- proudly casting a vote for the Barton The second area, Mr. Chairman, has anced budget amendment. balanced budget amendment but with a to do with this supermajority. We have I think that is one, with all due re- level of disappointment. That stems heard my colleagues on the other side spect to the gentleman, one sports from the fact that neither the Barton of the aisle indicate that this is the analogy too far. The Chargers should amendment nor any of the other only way that we can have a sagacious not see the 49er play book. The public amendments pending tomorrow strict- has a right to know what the cuts will ly prohibit unfunded Federal mandates. balancing of the budget. But in actual- be, so if it is true that Social Security Virtually everyone who has come to ity, that supermajority, that 60 percent is not to be cut, why not support the the podium today has indicated that is not going to preclude the raising of Gephardt-Bonior amendment? If Mem- there are only two ways to balance the taxes. What it is going to do is em- bers believe that the American people Federal budget: One is to cut spending power a minority rule. I do not believe, have a right to know, then why not and the other is to increase taxes. Mr. Chairman, that that was the origi- support the Conyers amendment, which But, Mr. Chairman, there is a third nal intent of the Framers of our Con- makes all the sense in the world? option, far more insidious than the stitution. In fact, I would submit and Mr. BECERRA. Mr. Chairman, will first two, and that would come from suggest to you that that is unconstitu- the gentlewoman yield? the Federal Government requiring tional and we should not adopt and ac- Ms. PELOSI. I am pleased to yield to States and local governments to pick cept and support the Barton amend- the gentleman from California. up the tab for programs currently oper- ment. Mr. BECERRA. Mr. Chairman, I ated and paid for by the Federal Gov- Third, Mr. Chairman, as we talk thank the gentlewoman from Califor- ernment in Washington, DC. That about balancing this budget, we cer- nia for yielding to me. could amount to an enormous tax hike tainly have to realize that we must be Mr. Chairman, I would like to just for local property taxpayers, some- honest and we must be fair with the explore that analogy that was made. thing that they can ill afford. American people and that we must bal- The interesting analogy that was made Mr. Chairman, judging from the past, ance the budget fairly. by the gentleman from Georgia [Mr. Congress will avoid tough budget Mr. HYDE. Mr. Chairman, I yield 3 BARR] about the playbook, about the choices whenever we can. So to shed minutes to the distinguished gen- 49ers and the San Diego Chargers, programs to other levels of government tleman from California [Mr. KIM]. makes it clear that the majority’s is a distinct possibility and we need to (Mr. KIM asked and was given per- opinion of this whole debate is that, as prohibit that possibility. mission to revise and extend his re- the 49ers, they have to keep the play That is why our amendment that marks.) book, in other words, how we will plan would have prohibited unfunded Fed- Mr. KIM. Mr. Chairman, I rise today to balance the budget, away from the eral mandates had the support of the in support of this balanced budget Chargers, which would be the American National Conference of State Legisla- amendment. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 651 Mr. Chairman, when I came to this for a vote, we lost by 12 votes. Some of So, families break their budgets up. body I was the owner of a small busi- us had hoped that we could have a bal- Yes, they have to balance, but they ness. It is tough to run a small busi- anced budget. For example, we had the break those budgets up into operation ness, believe me. It is tough to survive Solomon amendment a year ago. No and maintenance, or consumption and even. But one thing I learned running a tax increases, no Social Security cuts, investment, and so that is why we small business is that I cannot spend and we only had a handful of votes. make mortgage payments every month more than I can take in. Nor can I I have come to the conclusion that, and that is why we borrow for our spend more than I earn. If I do, I have of course, in 15 years we have had 5 automobiles and that is why we borrow no choice but to file bankruptcy. No statutes which promised a balanced for the most important probably of all, bank will bail me out, no government budget but all were circumscribed. to send our children to college and to will give me a loan guarantee, because school. So those are investments that b my business is not big enough, like 1910 we spread out over a long time, that is Chrysler. No, there is no other solution than a the cost of them. So I have a choice. I can lose every- balanced budget amendment. The way we balance our budget is we thing. My lifetime savings. Perhaps This morning at 9 o’clock something balance the consumption and we bal- even my wife. happened I hope that does not happen ance, and then we add in debt service Now, for some reason, the Federal to our country, but this morning at 9 on those investments. Not many of us, Government keeps borrowing end- o’clock we had a hearing here on Cap- this Member certainly not, cannot af- lessly, without any collateral or con- itol Hill on the Mexican peso devalu- ford to buy a House in one year or a car sent from taxpayers. Just keep borrow- ation. We were told by our leading peo- or a college education. ing and borrowing. That is not fair. ple in this country, the Secretary of That is what my amendment and the The Federal Government should op- the Treasury, the Secretary of State, amendment that many others are co- erate under the same rule. Laws should the Federal Reserve chairman, ‘‘We’ve sponsoring tomorrow does. It says you apply equally. got to do something; we’ve got to do should take Social Security off budget. Year after year, I am tired of listen- something.’’ Everyone said they do not want to ing to these promises. We keep promis- Well, that debate is for another day, touch Social Security. We give Mem- ing to the American people that Con- but I hope that that never happens in bers that opportunity. You cannot gress is going to do something about our country, that happens to our dol- touch it; it is gone; it is off budget. this runaway deficit. And here it is. We lar, but it is going to happen if we have But the other thing we do in this have got a chance, a golden oppor- these huge deficits. We now have a defi- that none of the other amendments tunity to do something about this. We cit of $4.6 trillion. How much further will do that will be in order, is to have have a resolution to adopt it, but here can it go? a capitol budget so the roads, the we go again. More excuses. I am listen- Since the last time we had elections, bridges, the infrastructure, those ing to criticism from colleagues for not our national debt has increased by $170 things which in some ways families saying exactly where the balancing billion. would pay mortgage payments on, the should come from. My friends, actions have con- Federal Government can now account Mr. Chairman, again back to private sequences, and this type of profligate for in the way that a family does. You business. In private business, we al- spending is going to come back and pay the mortgage on our House; we ways set the goal and then decide how bite us hard. would have debt service on our roads, we are going to meet this goal. Other countries come to the United on a bridge, on water or sewer systems, To me, the balanced budget amend- States for help. Where are we going to particularly those things that bring ment is good. We set the goal. Then go for help? Its time is now. If not us, back far more in economic return than later we sit down together and go who? If not now, when? what we ever spent on them. through this painful process where the Let us vote for the balanced budget We have to make sure this country cuts should be. That is how I look at it. amendment. grows. My major concern with many of We all know that we can do it. We all Mr. CONYERS. Mr. Chairman, I yield the balanced budget proposals, as well- know that we should do it. So we work 3 minutes to the gentleman from West intentioned as they are, is because together, instead of bickering, and go Virginia [Mr. WISE], a gentleman who they chop off growth because they through this painful process. has worked on budget matters for so count a dollar for investment the same Mr. Chairman, it is time to stop talk- long. as a dollar for welfare or a dollar for ing and start acting. Mr. WISE. Mr. Chairman, I have had food. That is my main concern. Mr. GEKAS. Mr. Chairman, I yield 2 the privilege of working with the chair- I urge Members to look at the Wise minutes to the gentleman from Wis- man for many years here and I want to substitute tomorrow, the only one we consin [Mr. ROTH]. thank him very much. will have a change to truly invest in Mr. ROTH. I thank the gentleman for Mr. Chairman, this is the Congress growth and have a chance to do what yielding me the time. that is trying to be family friendly. We American families do, recognize the Mr. Chairman, I must say you look hear a lot of talk about helping middle- difference. great in that position. class families and we talk a lot about Mr. BECERRA. Mr. Chairman, will The CHAIRMAN. The Chair thanks how families have to balance their the gentleman yield? the gentleman from Wisconsin. He still budgets, all of which is true. So we can Mr. WISE. I yield to the gentleman only has 2 minutes. learn from families. from California. Mr. ROTH. I was afraid of that. I have heard the analogy often about Mr. BECERRA. Mr. Chairman, the Mr. Chairman, many of us have wait- families sitting down around the table gentleman from West Virginia makes a ed a good long time for this vote to- at the end of the month, which is what very good point. I think some folks morrow. Because while we have had a we have to do, what every family I that may be watching may think those chance to vote on this issue any num- know has to do, to balance their budg- of us who are saying this balanced ber of times, we have never had a et. And as the families balance the budget amendment is the wrong way to chance to win. Tomorrow we certainly budget they know there is something go are against ever balancing the Fed- have a chance to win. crucial. They know the difference be- eral budget when of course we want to I want to thank Chairman HYDE and tween consumption and they know the balance the budget, but we want to be his committee and the Contract With difference between investment, they realistic. That is why the gentleman America, and I want to thank the know what it is, they know what is the from West Virginia’s alternative is American people for their vote on No- difference between a dollar that is really a sound way to go because, as I vember 8 because they are going to spent on children going to a roller rink explained earlier, if this was a family, make this victory on a balanced budget or to a movie, or a dollar spent for food and we are a family in America and we amendment tomorrow possible. or basic consumption and the dollar were trying to make decisions for this Mr. Chairman, we have had this issue spent for investment into the house, family of America, we would want to up before. The last time we had it up into the car, into education. be able to purchase a home and, we H 652 CONGRESSIONAL RECORD — HOUSE January 25, 1995 would like to be able to get a 30-year Mr. Chairman, I would like to spend think we look at every Federal pro- mortgage or send our kids to college a little bit of time explaining exactly gram.’’ and be able to get some student loans how the tax limitation provision in the We passed a resolution on the floor to help pay the cost. balanced budget amendment would earlier this afternoon that specifically If the gentleman can explain, does work. There has been gnashing of teeth exempts Social Security. So some peo- the balanced budget amendment that is about how stringent that process ple have come to me and they say, on this floor by the majority party, the might be and how difficult it might be ‘‘Well, that is only for this year. Why Republicans, allow for that? to implement. Fortunately for the not exempt Social Security in totality Mr. WISE. There is no capitol budget United States Congress, there is ample by putting it into the constitutional program. It counts a dollar of con- evidence of how tax limitation amend- amendment?’’ And the simple answer sumption exactly the same as a dollar ments to balanced budget amendment to that is because if you exempt any of investment, even though the invest- requirements would actually work. program in the amendment itself, it ment dollar will bring you back much I think it has been pointed out on the goes into the Constitution. It would more in economic growth and tax reve- floor earlier, there are 9 States that not be totally hypothetical to think at nues. have a tax limitation provision either some point in the future everything in Mr. BECERRA. And the gentleman’s in their Constitution or by statute, in- the Federal budget would be in that proposal which does provide for capitol cluding the State that the President is program. We could have an instance budgeting, could that allow for that from, the State of Arkansas, which has where the Social Security budget at type of process, a 30-year mortgage? a three-fourths requirement to raise some point in time, if it were specifi- Mr. WISE. Yes, it would. taxes. cally exempted in the Constitution, not The Heritage Foundation has done Mr. GEKAS. Mr. Chairman, I yield 2 only would include the Social Security extensive data collection to see if in minutes to the gentlewoman from budget as we know it today, it could those States that have tax limitation, Florida [Mrs. FOWLER]. include the defense budget. We do not it does work or it really does not work, (Mrs. FOWLER asked and was given want to put into the Constitution any and the record shows at the State level permission to revise and extend her re- specific exemptions. that tax limitation in point of fact marks.) does work. Finally, Mr. Chairman, let me simply Mrs. FOWLER. Mr. Chairman, I sup- Between 1980 and 1990, in those States state that the three-fifths requirement port passage of a strong balanced budg- that had a tax limitation provision, for a tax increase is important, because et amendment. taxes went up by a total of 87 percent it balances the amendment. We have We must obtain control over our in that 10-year period. In the States the three-fifths requirement in the debt. This Government has not pro- that did not have tax limitation provi- Stenholm-Schaefer amendment to duced a balanced budget since 1969. sions, their taxes went up 104 percent. raise the debt ceiling; we have the Today we are saddled with a $176 bil- That is a difference of 17 percent. In three-fifths vote requirement to borrow lion deficit, nearly $300 billion in an- States that have tax-limitation provi- money in a given fiscal year. If we do nual interest payments, and a debt of sions, taxes went up 17 percent less in not put the three-fifths requirement in some $4.7 trillion. a 10-year period between 1908 and 1990 for a tax increase, we have really cre- This situation cannot continue. than in those States that did not have ated an incentive, intentionally or not, We will soon consider several ver- the tax limitation provision. to balance the budget by raising taxes. sions of the balanced budget amend- Why do we want a tax limitation pro- So I would respectfully request that ment. I believe the Barton amendment, vision at all? when we actually come to the vote to- which requires a three-fifth’s vote to morrow that the colleagues in the raise taxes, is superior. However, if the b 1920 Chamber vote for the Barton-Hyde- Schaefer-Stenholm amendment, which Ultimately you want that, because Tate-Geren tax-limitation, balanced does not include this provision, garners you want to make government more ef- budget amendment and send it to the the most votes, I will support it on fective, you want to make government Senate where we encourage the Sen- final passage. more responsive to the people, and you ators to do likewise. Neither of these measures represents want the Government to spend less Mr. GEKAS. Mr. Chairman, will the a cure-all for out problems. But each money. gentleman yield? would require the Federal Government If you do not have as much money to Mr. BARTON of Texas. I am happy to to finally be accountable to the Amer- spend, you do not spend as much yield to the gentleman from Penn- ican people. money. sylvania. While a balanced budget amendment The States that, again, have a tax- Mr. GEKAS. As I was listening to the will require hard decisions, it is not limitation provision by statute or in gentleman recite the record of the synonymous with a threat to our sen- their constitution, their spending did States and the supermajorities in those iors. Rather, it is our monstrous debt go up, but it went up about 9 percent States, it dawned on me, someone else and the interest on it that most threat- less than in those States that did not has mentioned before that in those en social security and other truly vital have a tax-limitation provision on the States where the taxes were raised programs. books, again, in the period between even in the face of the supermajority, The time for easy decisions is over. 1980 and 1990. it almost had to be, did it not, a bipar- We must prioritize. I urge passage of a So what does that mean? If you take tisan vote that finally carried the day? strong balanced budget amendment. those numbers and put them at the Mr. BARTON of Texas. The gen- Mr. GEKAS. Mr. Chairman, may I in- Federal level, a 9-percent reduction in tleman is correct. quire as to the time remaining? Federal spending would be over $100 If I could respond, the gentleman is The CHAIRMAN. The gentleman billion in the fiscal year that we are in correct, because in the nine States that from Pennsylvania [Mr. GEKAS] has 18 today. So the bottom line is not only have tax-limitation requirements, it is minutes remaining, and the gentleman do we need to balance the budget in a bicameral, bipartisan legislature, and from Michigan [Mr. CONYERS] has 9 Washington, we need to balance it by my understanding is that it was a bi- minutes remaining. having a tax-limitation provision on partisan effort. Mr. GEKAS. Mr. Chairman, I yield 6 the books, because tax limitation does Mr. GEKAS. I thank the gentleman. minutes to the gentleman from Texas work. Mr. CONYERS. Mr. Chairman, I yield [Mr. BARTON]. If we do that, we are going to have to 3 minutes to the gentleman from Geor- (Mr. BARTON of Texas asked and make some tough calls. You know, peo- gia [Mr. LEWIS], who serves as our chief was given permission to revise and ex- ple have asked me, ‘‘Well, Congressman deputy whip, in addition to his other tend his remarks.) BARTON, you are the sponsor of this responsibilities. Mr. BARTON of Texas. Mr. Chair- provision. How are you going to bal- Mr. LEWIS of Georgia. Mr. Chair- man, I thank the gentleman for yield- ance the budget? Where are you going man, I want to thank my friend and ing me this time. to cut?’’ My answer is quite simple, ‘‘I colleague, the gentleman from the January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 653 State of Michigan, for yielding me this reform that the American people sent day on interest on the national debt. time. us here to do. We will destroy their standard of liv- Mr. Chairman, our Constitution is an The balanced budget amendment is ing, we risk our own democracy. extraordinary document. Our Constitu- at the heart of this contract. Since 1935 It is that serious. tion is the only document of its kind in the American people have been waiting We must balance the budget. We have the world to have lasted so long and to for Congress to pass this measure. Pa- no choice. have been used so often as a model for tiently they have waited year after Let us look at the record of this other nations. year, only to see another legislative body. I have been here 12 years, since This balanced budget amendment year pass by with no balanced budget 1985, and I have submitted balanced that we consider tonight would dis- amendment. budgets, line by line, cuts. They were honor our Constitution. It substitutes How long will we make them wait? reasonable when the problem was man- good politics for what is good policy, The opponents of the balanced budget ageable. for what is right. amendment and our own President of I have had the Democratic chairman Make no mistake. I want a balanced the United States last night said before of the Committee on the Budget get up budget like everyone else. I do not we pass the balanced budget amend- and say to the moderate Republicans want our children and unborn genera- ment and send it to the States for rati- who proposed this budget, ‘‘Good tions to bear the burden of the deficit fication we must specify every cut for thinking, thoughtful, real good effort. and increasing national debt. the next 7 years. I ask those opponents We are going to do most of this.’’ But But I believe we must deal with this if someone decides that they want to it never happened. issue in a responsible and sensible way. lose weight and live a healthier life, do I have submitted budgets, I have been Passing the buck to future sessions of they not first take a pledge to eat right part of bipartisan teams to submit Congress is not responsible. and exercise, and after taking that budgets, I voted for tax increases and The new Republican majority must pledge, then lay out a plan and a sched- spending cuts, and it has gotten worse tell the American people what they are ule of how they will attain their goal? and worse and worse. going to cut, whether it is Social Secu- Ladies and gentlemen, our Govern- So our record is bad. In the States, rity, Medicare, a school lunch program ment is fat with debt. The only way to that has been the harness, a balanced for our children. insure a healthy America is to pledge budget amendment, which forces atten- Our knees, the American people’s to this country a balanced budget and tion to this matter on a year-by-year knees, will not buckle as some on the define that commitment within the basis. It has worked for them. We must Republican side have suggested. United States Constitution. try it, because we are squandering the Two years ago Members on this side Once we have sealed our commit- Nation’s resources and compromising of the aisle made the hard choices ment, we will lay out a national diet of our children’s future. needed to reduce the deficit. We re- fiscal responsibility, balanced by the Third point: How do we achieve it? Of duced the Federal deficit by over $500 exercise of spending cuts across the course, we cannot tell you. How many billion. We acted responsibly. I expect board, and with any good diet, we will times have you walked into factories in no less from those on the other side of forbid the consumption of pork. We the aisle. will insure our agreement by mandat- your districts? I can tell you I have Now they are in charge. They are in ing that only the consent of three- walked into a factory in my district, control. Lay your cards on the table fifths of this body, as laid out in the faced with the absolute panicked look face up. Tell us the hard choices you Barton amendment, not just a simple on the faces of the leadership who had are willing to make, be straight with majority. just found out they were going to have our children and the elderly. Tell them We need to consider this Barton to be required to cut 20 percent of their what they will have to do and what amendment. We need to seriously con- workforce in 1 year. I said to them, they will have to do without. sider this, because it is very important. ‘‘How will you do it?’’ Their answer We do not need this amendment to We need to put handcuffs on our Fed- was, ‘‘We don’t know.’’ our Constitution, Mr. Chairman. What eral Government so they cannot turn I came back a year later, and I said, we need is courage, raw courage, to to raising taxes every opportunity they ‘‘How did you do it?’’ They said, ‘‘Well, make the tough choices facing our get. we did this, and then we did that, and country. My colleagues, this Nation is broke. then we found out we could do this and Have the courage to do the right Tax increases alone have not solved the do that, we discovered that not only thing and vote against this amend- problem. We must begin now to put could we do it, but we improved the ment. America back on track. quality of the product.’’ Mr. GEKAS. Mr. Chairman, I yield 3 I stand in strong support of the Bar- I remember in one factory I went to, minutes to the gentleman from Ne- ton balanced budget amendment and I said ‘‘So what now?’’ I get this ter- braska [Mr. CHRISTENSEN], the only encourage my colleagues to join in this rible stare that said, ‘‘We just learned unicameral State in the Union. effort. we have to do it again.’’ Mr. CHRISTENSEN. Mr. Chairman, Now, do we know how to do it? No. b in February 1982 President Ronald 1930 But we do know that if we have to do Reagan said the Federal Government Mr. GEKAS. Mr. Chairman, I yield 3 it, we can do it. We do know that if we has taken too much tax money from minutes to the gentlewoman from Con- have to do it, we will face up to the the people, too much authority from necticut [Mrs. JOHNSON]. fact that those kids cannot support the States, and too much liberty with (Mrs. JOHNSON of Connecticut asked public employees retiring 10 years be- the Constitution. Truer words were and was given permission to revise and fore they can retire. We do not like never spoken. extend her remarks.) talking about that. We do not want to That argument is as germane today Mrs. JOHNSON of Connecticut. I make that decision. as it was 13 years ago. Last year we ex- thank the gentleman for yielding this These are tough times. Let us do it, perienced the largest tax increase in time to me. let us have the guts, the courage to American history, and yet, sadly Mr. Chairman and my colleagues, I serve not only our people but our chil- enough, the deficit continued to grow. rise in strong support of the balanced dren. The time has come to restore fiscal budget amendment for three reasons. The CHAIRMAN. The Chair will re- sanity in our Government and pass the First of all, we have no choice. We are mind the committee that the majority Barton balanced budget amendment. spending $800 million every single day does have the right to close. I was sent to Washington to reform on interest. Soon we will be spending $1 Mr. CONYERS. Mr. Chairman, I yield government, to change the way Con- billion every single day on interest on 5 minutes to the distinguished gen- gress does business. In the first 3 weeks the national debt. We cannot ask our tleman from North Carolina [Mr. of the 104th Congress, we have barely children to support a growing number WATT], a very able and committed scratched the surface of the Contract of seniors living 20 and 30 years after member of the Committee of the Judi- With America, the vehicle for the very retirement and spend a billion dollars a ciary. H 654 CONGRESSIONAL RECORD — HOUSE January 25, 1995 Mr. WATT of North Carolina. I thank which I sit. The committee closed down will stop spending money we do not the gentleman for yielding this time to at 6:30 on Wednesday, 2 weeks ago, and have. me. said, ‘‘We are not going to take any The new paradigm is to come up here Mr. Chairman, I have sat throughout more amendments. We don’t care and balance the budget. I ask, ‘‘How do this debate, the entire course of it, and whether you are a member of this com- you do it? Do you do it by borrowing in I think we beat this dog probably as mittee or not, we are not going to let a capital account, as some have rec- much as we can beat it, as we say in you offer any amendments.’’ ommended?’’ Well, this Government North Carolina. I have not heard any- So I am being deprived of the value of borrows. Unlike most families in body come here who has not expressed my vote; I am being deprived of the op- America, Mr. Chairman, we borrow and a commitment to a balanced budget. portunity to offer amendments on this never pay the debt. The debt just piles But the American people should know floor, and I think that is the disservice up. We never pay the mortgage. It piles that it is really the debt, the national that we are doing to the American peo- up on us and our children. debt that is the drag on us. ple. Second, do we balance the budget by So a balanced budget is not going to We have got to debate these things raising taxes on Americans again, and get us there. It is going to take a series regardless of the outcome of the vote again, and again? That is the easy way, of surplus years to start the reduction and come in and vote and take those but they are telling us to cut spending in the national debt. hard choices, and then we can maybe first, and I say to my colleagues, ‘‘If I think everybody has talked about balance the budget. you want to cut spending first to bal- that at one level or another. I want to Mr. GEKAS. Mr. Chairman, I yield ance the budget instead of taxing the come at this from a slightly different 21⁄2 minutes to the impeccable gen- dickens out of the people at home, you angle because the real problem that I tleman from Louisiana [Mr. TAUZIN]. need to vote for the Barton-Hyde- have with the balanced budget amend- Geran-Tauzin amendment to the Con- b ment, this balanced budget amendment 1940 stitution.’’ and all of the balanced budget amend- Mr. TAUZIN. Let me first thank my Mr. CONYERS. Mr. Chairman, I yield ments that are coming before us under friend, the gentleman from Illinois myself the balance of my time. the series of amendments, is that they [Mr. HYDE], for assuming my position The CHAIRMAN. The gentleman jeopardize my right to have an equal as the second sponsor of the Barton- from Michigan [Mr. CONYERS] is recog- vote in this institution. Tauzin amendment which has been an nized for 2 minutes. Every amendment that is coming be- amendment before this body for many Mr. CONYERS. Mr. Chairman, all I fore this body has a three-fifths major- years. I can think of no finer gen- can think of is what has been the ity of some kind in it. Everything that tleman to assume this role in this new weight or the effectiveness of the dis- I stand for tells me that my vote and majority than my friend, Mr. HYDE. I cussion on amending the Constitution the votes of my constituents, based on also want to congratulate my friend, of the United States that has tran- constitutional principles, ought to be the gentleman from Texas [Mr. PETE spired on this floor today, and I think equally valued. GEREN], for the role he is playing in the on balance, as we study our CONGRES- So I cannot support a constitutional effort to pass the Barton-Hyde-Geren- SIONAL RECORD, as our citizens across amendment that says to me that next Tauzin—many Members—bipartisan the several States examine the argu- week or next year or in the year 2002 amendment to the U.S. Constitution, a ments for this important policy somehow my vote in this body is going required balanced budget and to re- change, I think that there will come up to be less valuable than another Mem- quire it in the right way. I want to a shortage of logic that would persuade ber of this body. make just three points tonight: people that we have now reached a sys- This three-fifths majority devalues In this age of cyberspace and high- tem or a process that would make my vote. speed technology in communications sense in making this massive change The second problem is that despite there is a word that is very current and out of desperation, to be sure, to the all of the protestations to the con- very popular right now called a new Constitution because the bulk of all of trary, the American people do not op- way of seeing things. It is a paradigm, the arguments that I have heard for erate their lives on a balanced budget it is called, a new way of looking at this amendment is that we are failing, every year. We fund the acquisition of things, a new way of seeing things, a we have tried everything else, and homes by borrowing, we finance edu- new order of things. The old paradigm there is nothing left to do. cation by borrowing. Those are invest- here in the U.S. Congress and in Amer- In my judgment that is not enough. ments that we make because we think ica has been very simple. People elect- In my judgment we have already start- they are important. ed Members to go to Congress to get ed reducing the deficit annually, and Over time, over a long period of time, back as much of their tax dollars as from that modest position that we find we pay those things off, but they pay they could, and bring them back home ourselves, Mr. Chairman, we could eas- dividends to us in the meantime. and spend them at home, and let me ily begin to build on increasingly re- Now I had an amendment that I of- tell my colleagues that paradigm has ducing the deficit and, ultimately, the fered before the Committee on Rules, I worked wonderfully. We have all done a national debt. tried to get it to address this issue of marvelous job of that. Every one of us So, Mr. Chairman, I leave this first devaluing my vote. has been extraordinarily good at com- day of leading the debate on this side I went to the Rules Committee and I ing to Washington, bringing back our on a constitutional amendment dis- said, ‘‘Here is an amendment that taxpayers’ dollars back to home and turbed that there has not been a per- would have a balanced budget amend- spending them at home. In fact we suasive case made for a constitutional ment to the Constitution, but when we have done such a wonderful job of it amendment. were going to waive that balanced that we spend a great deal of money Mr. GEKAS. Mr. Chairman, I yield 1 budget amendment, we come back in more back home, more than our tax- minute to the gentleman from Florida here and we would take a vote by ma- payers sent to Washington, DC. It is [Mr. WELDON]. jority so that every Member of this called a deficit. It is called a debt. We Mr. WELDON of Florida. Mr. Chair- House would continue to have an equal have operated under this old paradigm man, I speak out in support of the bal- value to their vote because that is the for many, many years now, and we anced budget amendment not only be- constitutional principle, that is the have riddled our country with debt as a cause I believe it is good policy or that majority rule principle, that is the result while we have brought the bacon it is a policy that is supported by many American way, that is the fair way.’’ home. of the leaders of this body, but because But the Committee on Rules, I say to I think the message of the last few it is a policy that is supported by the my colleagues and the American peo- elections has been very simple. The people of my district. There was no ple, elected not to make this amend- message of the last few elections has issue that I found stronger support for ment in order. I had nine other amend- been to cut it out. It is time for a new than a balanced budget amendment ments that I tried to offer to this bill paradigm. It is time for us to elect during my campaign, and I believe the in the Committee on the Judiciary on Representatives to Washington who reason that the public recognizes that January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 655 we need this is because they have seen guished gentleman from Illinois [Mr. Mr. MONTGOMERY. Mr. Chairman, I rise in in more than 30 of our States that the HYDE], an institution within an insti- support of the balanced budget amendment States, when they implement their tution. because it represents the strongest incentive constitutional amendment to balance The CHAIRMAN. The gentleman to force the Federal Government to live within the budget, that the leaders in their from Illinois [Mr. HYDE], an institu- its means. legislative bodies are able to balance tion, is recognized for 11⁄2 minutes. If we act now, we will still have the flexibility the budget. Yes, they have to work Mr. HYDE. I think the gentlemen are to set budget priorities to protect Social Secu- hard, make tough decisions, stay until suggesting I should be institutional- rity and other vital programs. If we delay, the late at night, but they are able to when ized. budget deficit will continue to grow and could the fire is put to their feet. Mr. Chairman, I just want to say as eventually threaten every Federal Government The people of this great country have to the supermajority on raising taxes: program in the future. been very patient with this body, ask- When the government expands its Today, interest payments take up 14 per- ing for the past 15 years that we bal- power from one level of gross domestic cent of our Federal budget. That means every ance our budget. They are not holding product to another in terms of its fis- day, we pay more than $800 million just to us to a higher standard. I believe we cal reach, that ought to be an extraor- service the Federal debt. If we take no action, need to submit to their will, pass a bal- dinary decision because we are reach- that percentage will continue to increase and anced budget amendment. ing into people’s pockets and we are claim even more Federal dollars, at the ex- Mr. GEKAS. Mr. Chairman, I yield 1 taking a great rate of the blood, sweat pense of other important programs. minute to the gentleman from Califor- and tears that they have earned The longer we wait, the worse the alter- nia [Mr. RIGGS]. through their own work. So that ex- natives are going to be. If we act now, some Mr. RIGGS. Mr. Chairman, I thank traordinary reach ought to be an ex- small sacrifice will be required of all Ameri- the gentleman from Pennsylvania [Mr. traordinary decision, and that ought to cans. If we wait, I am afraid we will be facing GEKAS] for yielding this time to me. call for an extraordinary vote. So to in- tremendous sacrifices and as we are to make The distinguished ranking member of crease taxes, to increase the reach of drastic cuts to programs throughout the Fed- the Committee on Government Reform government, it seems to me is an ex- eral Government. and Oversight just a moment ago said traordinary decision. It has not been Mr. Chairman, we can't afford to wait any that at the conclusion of the first day until now, but we are going to try to longer. The time is now to pass this amend- of a very important and historic debate make it an extraordinary decision, and ment and get on with the job of restoring fiscal in this country on the balanced budget not have that left to a simple majority responsibility. amendment he had not heard convinc- vote. Mr. SERRANO. Mr. Chairman, I rise in ing argument, a persuasive argument, strong opposition to House Joint Resolution 1, b for enacting a constitutional amend- 1950 proposing a balanced budget amendment to ment requiring the Congress and the Sixty percent is not that tough to get the Constitution of the United States. President, that is to say, the legisla- over 50 percent, but it is a little tough- Virtually every Member agrees that we must tive and executive branch, to enact an er, and we want to avoid the bias to- reduce the Federal deficit. We began in the annual Federal budget that is bal- wards increasing taxes as the line of 103d Congress with responsible steps to raise anced. Well, let me provide that argu- least resistance to balancing the budg- revenues in a limited way and to reduce ment, counterargument. et. spending, and those efforts must continue. But Congress has failed to control the I would say to my friend from North passing a constitutional amendment to require deficit despite legislative attempts to Carolina, the only amendment that the a balanced budget is not responsible. There cut Federal spending. At the end of gentleman offered to be brought before are two possible outcomes, neither of which is 1994, Mr. Chairman, the deficit was pro- the Committee on Rules was one we did desirable. jected to be $223 billion, and the public vote on in the full committee, and he One is that a balanced budget amendment debt, the national debt that is passed lost 13 to 19. I will agree the Commit- will be ignored and the respect due our Con- on to our kids and grandkids, all future tee on Rules did not have a relitigation stitution will be eroded. Federal taxpayers, which is the accu- of that issue, and I wish they had be- The other is that a balanced budget amend- mulation of each year’s deficit, will cause the gentleman is a member of ment will be obeyed, harming the economy reach $4.7 trillion. Left unchallenged the committee. But the other nine and limiting the Federal Government's ability the deficit will grow and continue to amendments that the gentleman says to meet national needs. reach crisis proportions early in the he had, I never did see them, but he But I don't only oppose House Joint Resolu- next century. said he had them. He must not have tion 1 because it is a balanced budget amend- The choices are hard, but necessary, thought too highly of them, because he ment; I oppose it because it is a bad balanced and that is why we must enact a bal- did not even offer them. budget amendment. anced budget amendment to impose a Mr. OLVER. Mr. Chairman, I also favor the House Joint Resolution 1 puts the entire very real fiscal restraint in this body. Wise capital budgeting balanced budget range of Federal activity, from responding to Mr. GEKAS. Mr. Chairman, I yield 30 amendment version because I do not support hunger and homelessness, to protecting seconds to the gentleman from Penn- adding public-policy-related supermajority re- health and safety, to investing in education, sylvania [Mr. FOX]. quirements to the Constitution. training, research and development, and infra- Mr. FOX of Pennsylvania. Mr. Chair- Supermajority votes are appropriate in the structure for long-term growth, at risk, along man, I appreciate the opportunity to checks-and-balances interplay between the with the contracts the United States has made address the body tonight inasmuch as co-equal branches of government, like ratifica- with our senior citizens, our veterans, our we really have a historic time to pass tion of treaties, override of vetoes, and the im- states and cities. what will be a balanced budget amend- peachment or approval of executive or judicial The populations most reliant on federally ment with a three-fifths tax limitation branch officers. They are also appropriate for supported income support programs are our which is what the country really explusion of Members of Congress, an ex- elderly and our children. wants. If we put our fiscal house in treme action which constitutes, in a sense, an But, however earnestly some Members order everything else in the Contract override of the will of the people. promise to keep Social Security off the table, With America can be accomplished, but But final say on issues like annual budget there is nothing in House Joint Resolution 1 to this is the most important part of the policy should not be constitutionally delegated protect it when the time comes to balance the contract. We want to make sure that if to a minority, as Madison warned in the Fed- budget. we have people, we have families, that eralist Papers. If we constrain revenue and ex- The Children's Defense Fund estimates have to be on budgets, this Congress penditure numbers to a supermajority require- that, if Social Security and defense are pro- has to be on a budget, and I thank the ment, we put ourselves on a slippery slope to tected, the BBA would force cuts in other Fed- gentleman from Pennsylvania [Mr. other ideologically based encroachments on eral spending of 30 percent. The impact on GEKAS] for this time that he has yield- the principle of majority rule, a fundamental children would be devastating. If the cuts sim- ed for this purpose. tenet of our Constitution as it now reads. ply reduce caseloads, 6.6 million children Mr. GEKAS. Mr. Chairman, I yield Irresponsible borrowing certainly must end, could lose Medicaid health care coverage, and the remainder of the time to the distin- but responsible governing should not. 4.3 million could lose food stamps; in New H 656 CONGRESSIONAL RECORD — HOUSE January 25, 1995 York, over half a million children would lose in the value of the balanced budget amend- much the Government can borrow and then Medicaid and nearly 300,000 would lose food ment. hoping that political pressure against taxes will stamps. While such an amendment sounded some- restrain Government growth. But programs for poor children, like those what radical sixteen years ago, it sounds al- Mr. BALLENGER. Mr. Chairman, I rise in for other poor and underserved people, may most mainstream today. I suggest, however, support of the Barton three-fifths tax limitation not see cuts held to 30 percent; having no that instead of a balanced budget amendment, version of the balanced budget constitutional votes and no highly paid lobbyists, our most we apply to the Federal Government a variant amendment. Earlier this month in an article in vulnerable people may be hit even harder. of what Michigan applied to its State govern- the Wall Street Journal, Milton Friedman, who House Joint Resolution 1 does not permit a ment in 1978 when it adopted the Headlee received the 1976 Nobel Prize in economics, waiver of the balanced budget requirement amendment to the State constitution. The argued why a tax limitation amendment is so when the economy is weak, so it is likely to basic components of the Headlee amendment very important. have a countercyclical effect. As unemploy- are: First a limit on the size of State govern- The Barton amendment's limitation on taxes ment rose and our people's need for federal ment achieved by holding state revenue to the would force the achievement of a balanced assistance grew, tax receipts would be falling, same fraction of personal income that it was budget through a reduction in spending rather and spending would have to be cut even when the amendment passed in 1978; sec- than an increase in taxes unless a super-ma- deeper to meet the BBA's requirements. Re- ond, a requirement that the state maintain its jority of three-fifths voted to raise taxes. The cessions would become more frequent and proportional share of spending to local govern- other amendments are not as strong, because deeper. ment and reimburse local units for any man- there is nothing in them to prevent balance House Joint Resolution 1 does not provide dates imposed by the State; and third, a provi- from being achieved by a massive tax in- for unforseen situations such as natural disas- sion requiring a vote of the local populace for crease. And, nothing to prevent further in- tersÐthe recent flooding in California. Tax in- any increase in local taxes. creases in Government spending as long as creases or spending cuts would be required to The purpose of the second provision was to they were accompanied by higher taxes. offset spending to meet emergencies. A disas- prevent the State government from avoiding After all, as Mr. Friedman argued, ``the real ter would bring suffering on many more people the limitations on its growth imposed by the burden on the economy is what the govern- than its immediate victims. first provision by shedding its financial support ment spendsÐor mandates others to spendÐ The requirement of supermajority votes for of the local units and requiring them to provide rather than how much it received in taxes.'' If raising taxes undermines the principle of ma- services and programs that the state was un- you raise taxes, you can spend moreÐeven jority rule, giving excessive power to a minority able or unwilling to pay for. A blue ribbon with a balanced budget amendment to the of the Members of each House. It also distorts commission appointed by Governor John Constitution, if that amendment does not limit the process of achieving a balanced budget Engler to study the Headlee amendment re- tax increases. and is likely to lead to indiscriminate cuts and cently concluded that the Headlee amendment I urge my colleagues to seize this oppor- possible elimination of critical Federal pro- had been effective in limiting the growth of tunity and cut Government down to size. Vote grams. State government. for the right kind of balanced budget amend- Mr. Chairman, beyond these issues, there In order to keep the requirement of a bal- mentÐthe Barton three-fifths tax limitation are many unanswered questions about and anced budget from resulting in massive tax in- amendment. deficiencies in House Joint Resolution 1. creases and a deterioration of the economy, Mr. FRELINGHUYSEN. Mr. Chairman, I rise Democratic Members of the Judiciary Commit- my suggestion is to limit the growth of federal today in support of the balanced budget tee tried to deal with these questions and defi- spending by setting a limit on the amount of amendment, House Joint Resolution 1. This ciencies by preparing amendments for full Federal outlays relative to gross domestic amendment to the U.S. Constitution to require Committee markup and the floor, but amend- product [GDP]. This would cap Federal outlays a balanced Federal budget is not a new idea. ments offered in Committee were defeated on at the percentage of GDP consumed at the Balanced budget amendment proposals have party-line votes, markup was cutoff before time of submission of the amendment to the been introduced since the 1930's and, in re- more than half of our amendments were of- states. Federal outlays could never, in any cent years, have fallen just short of passage fered, and the Rules Committee denied us the year, exceed the growth of GDP. In this way, in Congress on several occasions. In 49 right to offer them on the floor. if outlays were less than the ratio in one year, States, there is some form of balanced budget I can only note that, had these changes there would be a permanent reduction in the requirementÐincluding the State of New Jer- been made, House Joint Resolution 1 would ratio of Government spending to GDP. The sey. be much longer and much more detailedÐan Federal Government could not mandate that In Congress, this balanced budget amend- even clearer argument against making eco- the States provide any service that they are ment is only the beginning of the process of nomic policy in the Constitution. not already providing, unless it fully funded the amending the U.S. Constitution. It is a big step Mr. Chairman, Congress already has the mandate. Combining this with a phased-in bal- for Americans to amend the U.S. Constitution, tools to reduce the Federal deficit and has anced budget requirement would result in at- and that is as it should be. Of the several been using those tools for the last 2 years. tacking the real problemÐthe growth in Fed- thousand proposed amendments in 206 years, We know the choices will be extremely dif- eral outlays over time, whether this growth is only 27 amendments have been ratified by ficult, but making those choices is the only funded by taxes, borrowing, or inflation of the Congress and by the StatesÐand one of way to bring the deficit down. currency. those (the 21st amendment) repeals the ban We do not need a constitutional amend- Of course, there are details, and as they on alcohol proscribed by one otherÐthe 18th. ment, and we most emphatically do not need say, ``the devil's in the details.'' An emergency Amending the U.S. Constitution requires a House Joint Resolution 1. I urge my col- provision to allow deviations from the limits two-thirds majority in the U.S. House (290 leagues to vote against this and any other bal- during time of war is an example. The defini- votes) and in the Senate (67 votes), and ratifi- anced budget amendment to the Constitution. tion of federal outlays, which would appear to cation by three-fourths of the States (38 of the Mr. SMITH of Michigan. Mr. Chairman, I work at this time, will no doubt be strained 50 States). The drafters of the Constitution support a balanced budget amendment but over time. However, it is probably easier to set placed a great deal of weight on the powers suggest that a provision to limit Federal standards regarding outlays than debt, consid- delegated to the Federal Government and spending to the growth of the economy is also ering the pitfalls to defining debt that your edi- those that remain with the States, giving the desirable. torial pointed out. States the ultimate decisionmaking powers re- The problem of Federal deficits is simply a There are at least three reasons why a pro- garding amendments. symptom of the larger problem of massive vision to limit spending should be part of a They also saw a limited role for the Federal growth in the Federal Government. James Bu- balanced budget amendment. First, it is a Government in taxation and borrowingÐa role chanan and Richard Wagner discussed what moderate proposal. It does not require a re- which has been greatly expanded during the happens when the populace begins to believe duction in the absolute size of the Federal current century. The Framers of the Constitu- that the Federal Government need not prac- Government, but only that the Federal Gov- tion clearly saw Federal debt as an emer- tice fiscal restraint. Their 1997 book ``Democ- ernment not get larger relative to the size of gency matter at times of national or inter- racy in Deficit''Ðpublished before the era of the economy. Second, it has been tried at the national crisis, not as a means of normal oper- $200 billion a year budget deficitsÐdescribes State level and appears to have accomplished ations. Likewise, taxation was for specific and how this opens the door to ever-increasing its basic purpose. Third, it gets directly at the justifiable purposes. It is the breakdown of deficits, which are then monetized by the Fed- problem of growth of the Leviathan rather then both of these principles that has led to our eral Reserve, leading to continuous reduction trying to get around it indirectly by limiting how current budget problems. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 657 I believe Congress has an obligation to troublesome path by imposing the budgetary There was no objection. send this question to the States, so that we discipline necessary to safeguard our future can engage in a much needed and lively de- generations. f bate on the broader questionÐwhat is the role I would also like to take this opportunity to of the Federal Government and at what cost? make very clear my support of the three-fifths PREDICTIONS OF DISASTER Our experiences with State budget bal- proposal contained in the Barton amendment. (Ms. KAPTUR asked and was given ancing requirements have provided several Raising taxes should be a matter of last re- permission to address the House for 1 positive outcomes from this important fiscal sort. The process of raising taxes should not minute and to revise and extend her re- discipline. It imposes discipline on legislators be simple or easy. We need a mechanism to marks and include extraneous matter.) and executive branch. It, therefore, requires a force spending reduction before new taxes are Ms. KAPTUR. Mr. Speaker, the ad- closer working relationship between these two levied, just as we need a mechanism to force ministration claims it knew nothing of branches of Government. And, the require- a prioritization of spending issues to achieve a the pending financial disaster in Mex- ment ultimately will force all parties to sit down balanced budget. ico. Mexico’s administration claims it and work out their differences to maintain the The majority party is committed to following knew nothing. required balance. through on its promises. The balanced budget Let me remind both administrations Having worked under the balanced budget amendment is supported by 85 percent of the of what they certainly did know. Both requirement, I believe it will promote better American people. If hard-working taxpaying the Mexican and the United States communication and governanceÐat least families have to live within their means from Governments knew the truth about the that's been my experience as a State legisla- paycheck to paycheck, then there is no ex- shaky peso and United States specu- tor in New Jersey. It has been 25 years since cuse that it has been 25 years since the Fed- lators’ interests down south for at least the last time the Federal Government's books eral budget has enjoyed a surplus. The bal- 2 years before the meltdown. As re- were balanced. Of every dollar collected in anced budget amendment is a common sense ported by the Wall Street Journal dur- Federal taxes, 15 cents goes to pay interest mechanism that will enforce the necessary ing the NAFTA debate, the two govern- on the national debtÐmore than $200 billion a budgetary discipline in Congress and I urge year, further drawing down the amount avail- ments went so far as to negotiate a se- support for the Barton amendment. cret line of credit worth $6 billion be- able for other Government programs. The CHAIRMAN. All time for general Clearly, our current situation is not due to cause of the pending financial crisis in debate has expired. Mexico. Both governments knew; both under-taxation, but to over-spending. The Fed- Mr. HYDE. Mr. Chairman, I move governments kept it quiet. eral Government collects $5 in taxes today for that the Committee do now rise. Now Congress is expected to remain every $1 it collected 25 years ago. The prob- The motion was agreed to. muzzled with truncated committee lem is that Government spending today is up Accordingly, the Committee rose; hearings and limited debate. $6 for every $1 spent in 1968. and the Speaker pro tempore (Mr. Congress cannot remain silent. Let Some may claim that the balanced budget GEKAS) having assumed the chair, Mr. the truth come out before we vote no amendment is a gimmick. Rather, I believe it WALKER, Chairman of the Committee on this taxpayer bailout of Wall Street will finally provide the discipline to the Federal of the Whole House on the State of the budget process that has failed, to date, to con- Union, reported that that Committee, speculators in foreign countries. trol Federal spendingÐeven with the best ef- having had under consideration the Mr. Speaker, the Wall Street Journal forts of individual Members committed to defi- joint resolution (H.J. Res. 1) proposing article to which I referred is as follows: cit reduction and despite the demands of the a balanced budget amendment to the [From the Wall Street Journal Mar. 28, 1994] American taxpayers. Constitution of the United States, had HOW MEXICO’S BEHIND-THE-SCENES TACTICS Mr. EMERSON. Mr. Chairman, the Constitu- come to no resolution thereon. tion is fundamental law; indeed, it should deal AND A SECRET PACT AVERTED MARKET PANIC f only with fundamental questions. I agree with (By Craig Torres) Thomas Jefferson: ``The question whether one COMMUNICATION FROM THE HON- MEXICO CITY.—The muted reaction in generation has the right to bind another by the ORABLE DAN BURTON, MEMBER Mexican stock and currency markets Friday deficit it imposes is a question of such con- OF CONGRESS after the assassination of presidential can- sequence as to place it among the fundamen- The SPEAKER pro tempore laid be- didate Luis Donaldo Colosio was no acci- tal principles of government. We should con- fore the House the following commu- dent—but it also wasn’t guaranteed. sider ourselves unauthorized to saddle poster- A panic developed among investors right nication from the Honorable DAN BUR- ity with our debts, and morally bound to pay after the slaying and could have sent the TON, Member of Congress. them ourselves.'' I urge you to keep these im- markets tumbling. But Mexican authorities portant words in mind as we debate the cru- HOUSE OF REPRESENTATIVES, managed to maintain calm through a once- cial issue of balancing our budget. Washington, DC, December 22, 1994. secret agreement with the U.S. Treasury and SPEAKER, a complex mix of moral suasion and vague In my 14 years in Congress, my record has U.S. House of Representatives, threats to investors who might have profited demonstrated my strong commitment to the Washington, DC. from a panic. senior citizens of this country. For this reason, DEAR MR. SPEAKER: This is to formally no- This is the story of that effort. I resent the attempt by some in this Chamber tify you pursuant to Rule L (50) of the Rules At 9:30 p.m. in Mexico City last Wednes- to scare senior citizens with misinformation of the House that my office has been served day—21⁄2 hours after the assassination, Jose about how the balanced budget amendment with a subpoena issued by the State of Indi- Angel Gurria, head of the powerful develop- might affect Social Security. There is nothing ana, Madison Superior Court for the County ment bank Nacional Financiera, and several in the balanced budget amendment that says of Madison, in connection with a civil case of Mexico’s most senior financial officials that the Social Security trust fund will be cut involving constituent casework. were assembling at 2 Arturo Street, a colo- After consultation with General Counsel, I nial mansion converted into Finance Min- or that Social Security benefits will be reduced have determined that compliance with the for anyone. istry offices. subpoena is consistent with the privilege and Mr. Gurria and everyone else in the room The fact is that Congress can balance the precedents of the House. knew Mr. Colosio was dead, even though the budget without touching Social Security. The Sincerely, government hadn’t yet acknowledged that to budget can be balanced in the year 2002 by DAN BURTON, the world, knowing the panic that could be simply restraining the growth of all other Fed- Member of Congress. created when the news was let out, Mr. eral spending to 3 percent per year, instead of f Gurria reflected that either Mexico was allowing it to increase by 5.4 percent annually about to prove the strength of its financial under current policies. A balanced budget GENERAL LEAVE team, or the markets would send Mexico into amendment is the first step toward guarantee- Mrs. CHENOWETH. Mr. Speaker, I chaos. ing the financial security of our retirees. Be- ask unanimous consent that all Mem- ‘‘It was like Colosio’s body was lying on cause the Government must continue borrow- bers may have 5 legislative days within the table’’ in front of the group, he says. ‘‘We knew we had a job to do.’’ ing from the Social Security trust fund to fi- which to revise and extend their re- Mexican financial markets were already nance the current debt, we are on a course of marks on House Resolution 44. fragile. Economic growth in 1993 registered a destruction toward the painful task of cutting The SPEAKER pro tempore. Is there pathetic 0.4%. The Chiapas peasant revolt, benefits or raising payroll taxes. By enacting a objection to the request of the gentle- the kidnapping of a well-known executive balanced budget amendment, we halt this woman from Idaho? and surprising rifts within the ruling party H 658 CONGRESSIONAL RECORD — HOUSE January 25, 1995 had all raised questions about social At 4 a.m., Finance Minister Aspe returned CONGRESS NEEDS TO CAREFULLY stability. Stocks had tumbled in recent to Arture Street with an answer from Presi- CONSIDER CONSEQUENCES TO weeks, and the peso was down 8.1% dent Salinas: Thursday would be a day of NATIONAL SECURITY ON ENACT- against the dollar this year. mourning for Mr. Golosio. Banks and cur- MENT OF BALANCED BUDGET As calls poured into the Finance Ministry rency markets would close. AMENDMENT and Banco de Mexico, the central bank, it be- Now it was time to bring out the secret came clear that there could be a full-fledged weapon, the $6 billion swap agreement. Mr. (Mr. DICKS asked and was given per- run against the peso. Ortiz, the undersecretary of finance, picked mission to address the House for 1 Speculators were looking for ways to sell up the phone and dialed the home in Wash- minute and to revise and extend his re- the peso short, a bet on its decline. Mexican ington of Lawrence Summers, the undersec- marks and include extraneous matter.) banks, while friendlier to the government retary of international affairs for the Treas- Mr. DICKS. Mr. Speaker, a few days than foreign investors, would clearly dump ury. Mr. Summers thought he could secure ago the comptroller of the Department pesos to protect themselves and make a prof- the swap line. of Defense testified before the Commit- it, if they had to. In addition, the Finance The hope was to close the Mexican stock tee on the Budget about the con- Ministry knew that Japanese banks and cor- exchange, too, but Bolsa authorities wanted porations had already been unloading huge sequences of a balanced budget amend- to make sure that there wouldn’t be any positions in peso securities to raise cash and ment on our country’s national secu- trading of Mexican shares in New York, ei- dress up year-end financial statements. A rity. Let me tell the Members what he currency crisis could spark further huge ther. Mr. Summers said he would see if that could be done. said. sales by the Japanese. He said: However, Hacienda, as the Finance Min- Later, Mr. Ortiz learned that Treasury had istry is know, had a secret weapon. asked for a closure of Mexican stocks, but This is one of the major reasons for the ad- Just before the North American Free the U.S. Securities and Exchange Commis- ministration’s opposition to the Balanced Trade Agreement debate between Ross Perot sion and the New York Stock Exchange were Budget Amendment. Unless legislatively ex- and Vice President Al Gore, Hacienda’s un- resisting the idea. It looked like the U.S. empted from reductions, defense spending dersecretary of finance, Guillermo Ortiz, had markets would open Mexican shares after could end up being the primary bill-payer to quietly negotiated a $6 billion swap line with only a short delay. make Federal budgets balance. That would the U.S. Treasury. The idea was to give the But trading of Mexican stocks in London fundamentally undermine the security of our Nation. If the Balanced Budget Amendment Mexican central bank more dollars to use to was turning out to be disorderly, a sign of were adopted, America’s defense posture support the value of the peso if Nafta failed panic. Shares in bellwether Telafonos de would be vulnerable to two different prob- to win approval. But the agreement—which Mexico were down more than 5 percent. had remained secret because it was never lems: the impact on defense to reach a zero The Arturo Street team turned to Carlos deficit, and the effect on defense of the an- formally signed—was still around, and Mr. Mendoza, a young Stanford Business School Ortiz hoped to invoke it now—Announcing nual budget process under the budget amend- graduate who runs National Financiera’s $1.5 the agreement would give Mexican authori- ment. billion Mexican stock fund. Mr. Mendoza had ties a crucial psychological boost with inves- Depending on the final provisions of the tors by showing that anyone attacking the won the respect of international traders late Balanced Budget Amendment, Department peso would have to take on both Mexico and last year when he managed to sell $1 billion of Defense budget cuts from FY 1996 to FY the U.S. of Telmex shares into the markets without 2002 could range from $110 billion to $520 bil- But it might take a day to get all the ap- anyone’s noticing. Sleepless and worried, Mr. lion, or about 30 cents on the dollar. For na- provals from the U.S. government. Could the Mendoza called Mexican brokers in London, tional defense the best case scenario would Mexican markets be shut down? Mr. Ortiz encouraging them to keep markets orderly. have a serious effect on national security. wondered. To keep things under control, while still not The worst case would be a disaster. By 11 p.m., with international investors committing much of National Financiera’s I hope we will take a careful look to nervous, and European markets about to money, he gave the London trades an indica- the consequences of our national secu- open, Mexican financial officials were in dis- tion where he might buy or sell Telmex rity of a balanced budget amendment. cussions about shutting trading in stocks shares. That hint tightened the spread, or Mr. Speaker, I include for the and the currency for a day, to let things set- difference between the buying and selling RECORD the complete statement of tle down. But a full-scale argument broke price. Under Secretary of Defense John out about the kind of signal the closings Less than an hour before the New York would show. The meeting split up into work- opening, Telmex shares had recovered. Hamre before the Committee on the ing groups and took until 2 a.m. to decide With the Arturo Street meetings finally Judiciary: that at least the currency markets and the over as the sun was coming up in Mexico STATEMENT OF UNDER SECRETARY OF banks should be closed. Pedro Aspe, the fi- City, the finance officials began trying to DEFENSE (COMPTROLLER) JOHN J. HAMRE nance minister, and Miguel Mancera, the win back investor confidence by calling ev- Mr. Chairman, members of the Committee, central bank head, then left for President eryone they could think of around the world thank you for the opportunity to appear be- Carlos Salinas’s offices. fore you today to discuss the Balanced Budg- With at least some decisions made, offi- from traders to chief executives. Judging by et Amendment, and the likely impact that it cials called Roberto Hernandez, the chief ex- the calls, international investors were still would have on America’s defense posture. ecutive of Banamex-Accival, Mexico’s larg- scared. But the Mexicans began winning The Balanced Budget Amendment (BBA) est bank, informing him of the bank and cur- them back, one at a time. could severely jeopardize America’s national rency-market closure. The Hacienda officials ‘‘The performance was magnificent,’’ says security, and that is one of the major rea- said the banks would certainly be free to a Trust Co. of the West portfolio manager. sons for the Administration’s opposition to trade Friday—but they also warned that Ha- ‘‘Almost every investment bank and every it. Unless legislatively exempted from reduc- cienda would be watching closely for any investor in the U.S. was on the phones from tions, defense spending could end up being speculative challenge. 8 to 9 in the morning and had it all laid out the primary billpayer to make federal budg- At 3:30 a.m. in Boston, Robert Citrone, for them by the Mexicans.’’ ets balance, and that would fundamentally manager of Fidelity Investment Manage- By Thursday afternoon, the tide had undermine the security of our nation. ment’s New Markets Income Fund, was back turned. Stories burst across the news wires If the Balanced Budget Amendment were in the firm’s warren-like offices. A few hours announcing the ‘‘new’’ $6 billion swap agree- adopted, America’s defense posture would be earlier he had stepped off the train in Acton, ment, approved by President Clinton. Also, vulnerable to two different problems: the im- Mass., greeting his wife and newborn son. in a rare example of quick agreement, Presi- pact on defense to reach a zero deficit and ‘‘I have bad news,’’ his wife had said. dent Salines had managed to gather govern- the effect on defense of the annual budget The garage flooded with snow-melt again, ment, business and labor leaders to announce process under the BBA. Mr. Citrone thought. Then his wife told him a re-signing of the country’s basic economic Mr. Colosio had been shot. IMPACT ON DEFENSE TO GET TO A ZERO DEFICIT pact. At home through the evening, Mr. Citrone To illustrate the impact of getting to a Telmex shares finished just 5.6% lower on phoned central-bank contacts or anyone else zero deficit, several assumptions have to be who could give him a reading on the situa- the Big Board, and they rebounded Friday made about the final date and provisions of tion. A Mexican central-bank official at one once the Mexican Bolsa reopened. Investor the BBA. Let us assume that the year of point convinced him that it had enough cur- confidence had been restored. BBA implementation is 2002, and make cal- rency reserves to defend the peso. That was ‘‘The whole world was grading our ability culations based on the most recent deficit true, but what if other investors panicked? to manage the unexpected,’’ Mr. Curria says. projections by the Congressional Budget Of- Brokers were already talking about a 300- ‘‘Everybody at the Arturo Street meetings fice. Balancing the budget on a phased point decline in Mexican stocks, and that said, We have to make this work because we basis—14 percent per year in 1996 through would also mean the currency would be in have to make Mexico work.’’ 2002—would require a total of $1,040 billion in trouble. spending cuts and/or revenue increases. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 659 Exactly how much the Department of De- cuts in end strength. Our military and civil- CBO RULE OF THUMB fense (DoD) would have to contribute to ian professionals require extensive training achieving a zero deficit would depend on how and experience. We cannot recruit and retain Deficit impact much revenue would be increased and wheth- top-notch military and civilian profes- First year 5-years er entitlements would be cut. Under the sionals, if they are vulnerable to summary worst case scenario, there would be no in- dismissal. 1% rise in interest rates ...... $5B $108B crease in revenue and no cuts in the entitle- Repair parts must be ordered three years 1% fall in real growth ...... 9B 289B ment programs. This means the budget ahead of anticipated use, in order to ensure f would have to be balanced by cuts in discre- the readiness of U.S. forces. Many years of research and development are needed to en- tionary spending, of which national defense A GLOOMY PICTURE WITHOUT THE represents about one half. The best case sce- sure that our forces are never outgunned or nario assumes half of the deficit would be outmaneuvered. The average major weapons BALANCED BUDGET AMENDMENT offset by increases in revenue and the other procurement program requires 8 years of de- (Mr. DUNCAN asked and was given half proportionately to spending for entitle- velopment and testing. Production lines are permission to address the House for 1 ments and domestic and defense discre- necessarily set up anticipating stable pro- minute.) curement rates; they cannot be stopped and tionary programs. Mr. DUNCAN. Madam Speaker, Depending on the final provisions of the started, in order to offset a downturn in rev- Balanced Budget Amendment, DoD budget enues or surge in entitlements. Because of former Senator Paul Tsongas wrote in cuts from FY 1996 to FY 2002 could range the long-lead times needed for our weapons the Christian Science Monitor a few from $110 billion to $520 billion. systems, DoD is unique among executive de- months ago these very important For national defense, the best case sce- partments in that we must have detailed words: five-year plans incorporating them. It would nario would have a serious impact on na- If you think sending a chunk of your hard- be extremely costly, and essentially unwork- tional security. The worst case would be a earned income to the Internal Revenue Serv- able, to turn on and off defense programs, disaster. Achieving these totals would entail ice was tough this year, imagine the re- when the BBA forced deep budget cuts. substantial reductions to defense people and sponses of future taxpayers who will face av- In sum, budgeting under BBA would inject programs, which are already downsized to erage lifetime tax rates of an incredible 82 great uncertainty and chaos into defense the minimum acceptable level deemed nec- percent. planning, which needs to have stability and essary in the Bottom-Up Review. Our forces Confronted with the burdens of a mon- a long-term perspective. would become hollow and we would have to strous national debt, an aging population, give up our quality of life initiatives such as Small changes in the U.S. economy would mean even bigger budget problems. Using the and runaway federal entitlement programs, adequate compensation for military person- tomorrow’s Americans will be turned into a nel, child care programs, decent barracks CBO rule of thumb, a one percent rise per year in interest rates would increase the fed- generation of indentured servants. They and family housing and other programs that won’t stand for it. Without action today, we provide a sense of community and support eral budget deficit $5 billion in the first year and $108 billion over five years. A one per- are likely to see generational political wars for military families. We would have to stop by the end of the decade. the modernization and recapitalization, cent fall per year in real growth in the econ- omy would increase the deficit $9 billion in which is needed and planned in our current We need to heed those words of the first year and $289 billion over five years. five-year budget. We would have to cut back former Senator Tsongas. That is why Thus under the BBA, even modest changes in our emphasis on science and technology and we need a balanced budget amendment. the economy could trigger sweeping cuts to technology reinvestment programs, and That is what this is all about. It is to federal programs. thereby risk the technological edge that has give our children and grandchildren always given our forces an advantage over CLOSING some hope for a good standard of living our adversaries. The Balanced Budget Amendment address- and for an economic future as bright as es a very important issue, but it would dra- Reductions such as these would fundamen- ours has been. tally change the character of America’s mili- matically complicate our ability to plan for tary posture, make our new strategy and manage a strong Department of Defense. Madam Speaker, I am including at unsupportable, call into question our ability Defense programs would be especially vul- this point in the RECORD the complete to fulfill U.S. commitments to our allies and nerable under the BBA, because DoD ac- article by former Senator Paul Tson- to protect our interests worldwide, and un- counts for about half of all discretionary gas, as follows: spending. And that is critical because the dermine America’s global leadership. [From the Christian Science Monitor] BBA had no implementation details. Unless THE ANNUAL BUDGET PROCESS UNDER THE BBA the BBA becomes a vehicle by which reve- JUST WHEN YOU THOUGHT THE DEFICIT WAS Let me now turn to the second problem: nues are increased or entitlements cut, DoD UNDER CONTROL—THE FINE PRINT IN CLIN- Life under a balanced budget amendment. could well have to pay for half of every dol- TON’S BUDGET PAINTS A GLOOMY PICTURE What about the affect on defense of the an- lar of deficit reduction. (By Paul Tsongas and Jonathan Karl) nual budget process under the Balanced DoD budget authority, in real terms, has Budget Amendment? The BBA annual budget If you think sending a chunk of your hard- been in decline since FY 1985. We have fi- earned income to the Internal Revenue Serv- process could routinely end up removing nally reached the end of our builddown. It from our elected political leaders the deci- ice was tough this year, imagine the re- would be dangerous to continue to downsize sponses of future taxpayers who will face av- sion about what level of defense spending is our forces at this time. The Balanced Budget prudent. America’s defense preparedness erage lifetime tax rates of an incredible 82 Amendment would cut defense spending to percent. could get determined by economic shifts, whatever level its arbitrary formula dic- Confronted with the burdens of a mon- cost growth in entitlements, and other non- tated, and thereby displace the carefully strous national debt, an aging population, defense factors. Even if threats to America’s considered judgments of Members of Con- and runaway federal entitlement programs, global interests were increasing or our forces gress, Presidents, and civilian and military tomorrow’s Americans will be turned into a deteriorating, the BBA could lead to deep de- leaders as to what spending is necessary and generation of indentured servants. They fense cuts. wise. I do not believe such an approach to won’t stand for it. Without action today, we The fact that these consequences could be questions of national security would serve are likely to see generational political wars avoided with 3/5 approval of each house of America well. by the end of the decade. Congress is scant reassurance. Preservation IMPACT ON DEFENSE TO GET TO A ZERO DEFICIT of an adequate defense posture would become It’s a mess created by bipartisan fiscal ir- In order to assess the impact on DOD, as- dependent on exceptional political efforts. responsibility in Washington. And far from sumptions have to be made about final date The BBA process would be heavily skewed in addressing the problem, the politicians are and provisions of the Balanced Budget favor of cutting defense to compensate for insisting the deficit is ‘‘last year’s issue.’’ Amendment: whatever was escalating elsewhere in the The bad news can be found buried deep budget. Even when a 3/5 majority minus one within President Clinton’s 2,000-page, four- in either house believed that BBA cuts were volume budget for 1995, which was recently passed by Congress. unjustified, the minority view would prevail. Assumption Not exactly ideal for the world’s most power- f ful democracy and best hope for future peace Year of implementation ...... 2002. Projected deficit at implementation . Current budget projection. and stability. Will revenue be increased? ...... If yes, 50%/50% revenue/spending. SPECIAL ORDERS The BBA would threaten frequent inter- Will entitlements be cut? ...... If yes, in proportion to outlays. The SPEAKER pro tempore. Under ruptions to the many long-term processes that are essential to maintaining a prudent SMALL ECONOMIC CHANGES MEAN BIG BUDGET the Speaker’s announced policy of Jan- defense posture. The quality and morale of PROBLEMS uary 4, 1995, and under a previous order our people must be continually nurtured, Modest changes in the economy would ne- of the House, the following Members and would be devastated by rapid and deep cessitate sweeping program cuts. are recognized for 5 minutes each. H 660 CONGRESSIONAL RECORD — HOUSE January 25, 1995 The SPEAKER pro tempore. Under a budget without raising taxes to do it. us take tough votes and see who really previous order of the House, the gen- That is way I will vote for the three- is serious about changing the course of tleman from Kansas [Mr. BROWNBACK] fifths provision requiring a this country. is recognized for 5 minutes. supermajority not to raise taxes. I will never disagree or take issue [Mr. BROWNBACK addressed the There is a lot at stake in this debate, with somebody who is voting their con- House. His remarks will appear here- and to me the real issue is: Are we science. I just expect you to do that. I after in the Extensions of Remarks.] going to try to be everything to every- expect no less of myself. f body and ruin the next generation not f yet born? Everybody talks about put- The SPEAKER pro tempore. Under a ting them in debt, but are we request- CONCERNS ABOUT THE PROPOSED previous order of the House, the gen- ing to create a society where they look MEXICAN BAILOUT tleman from New York [Mr. OWENS] is always outward and never inward? recognized for 5 minutes. The SPEAKER pro tempore (Mr. There is a lot at stake, and I can’t GEKAS). Under a previous order of the [Mr. OWENS addressed the House. tell you exactly how we are going to House, the gentleman from Michigan His remarks will appear hereafter in balance the budget. I don’t have a plan the Extensions of Remarks.] [Mr. STUPAK] is recognized for 5 min- that, as some people from the Demo- utes. f crat Party will point out, that tells Mr. STUPAK. Mr. Speaker, I am here you exactly how we are going to get VOTE FOR THE BARTON VERSION tonight to express my concerns about there. I just know we must. I know the proposed Mexican bailout. OF THE BALANCED BUDGET there are a lot of people in this build- AMENDMENT Proponents of NAFTA suggested that ing working on those plans, and I want its passage would create jobs in Amer- The SPEAKER pro tempore. Under a to give them a shot. The consequences ica, promote free-market economics in previous order of the House, the gen- of not doing it is to continue to have a Mexico, raise living standards in both tleman from South Carolina [Mr. GRA- debt that goes beyond imagination. countries, and encourage Mexico’s HAM] is recognized for 5 minutes. I hope we will have the courage to move toward democracy. Those who Mr. GRAHAM. Mr. Speaker, last No- say no to ourselves by a constitutional thought that NAFTA would be a magi- vember the people of the 3rd District of balanced budget amendment, and I cal elixir were wrong. NAFTA has not South Carolina sent me to Washington hope we have the courage to cut spend- fulfilled its promises because the cur- in hopes of changing the direction of ing and say no to a lot of people who rent political and economic conditions the country. My constituents expect have never been said no to by the Fed- in Mexico make that fulfillment impos- me to display courage in making tough eral Government. If we don’t start now, decisions. I will not let them down. I when will we start? sible. The same conditions that existed will vote for the balanced budget We are about to go into the 21st cen- in Mexico when we debated NAFTA amendment, the Barton version, with a tury, and I think the character of the exist today. Necessary changes can tax limitation provision. Now I am American people has changed in the only happen one way—through the going to put my speech up. last 20 or 30 years, in many ways for Mexican Government. But Salinas did There has been a lot of talk tonight the worse. And if you want to look at not do it, and President Zedillo has about what the consequences of a bal- the reasons why, I think you can start given no indication that he will be any anced budget would mean to different here at the Federal Government. We different from Salinas. groups in this country. There is one have taken every function of our lives First, this bailout will not save thing I think we have in common, and centralized it in Washington, DC. NAFTA. Mexico’s problems run far whether you are young or old, black or If you want to change this country, deeper than short-term debt. white, rich or poor. If we don’t do it, it change the way you spend money in Second, this bailout will not help re- is a bad deal for everybody. this country. store international confidence in the The thing that I think has been over- Anybody have any questions? Mexican economy. looked that I would like to comment I can’t think of anything more im- Third, this bailout will not help on for a minute or two is what does it portant to talk about, and I am tired of Mexico’s or our working and middle mean when you are $4.5 trillion-plus in talking about it. I have been here class. debt? The honest answer is I cannot about 10 days now. I am a freshman in The direct beneficiaries of this pack- even imagine that money in real terms. this body. I know why I got elected. I age will be members of the Mexican The real serious consequences of spend- feel very frustrated not being able to business and political elite seeking to ing that much money more than you get on with it. protect their wealth against further de- have is that over time you ruin the valuation of the peso. b character of your people. Over time, 2000 When the taxpayers of the United everybody in the country begins to I know Members on the other side States are asked continuously to prop look to the Federal Government to and within my party have differences, up the Mexican economy—and with solve every problem they have. and I respect their differences. I want continued devaluation of the peso, I am 39 years of age, and I would say them to have a chance to say what is there is no indication that this will be that my generation always looks out- on their mind and to advocate their the last time—they deserve some ac- ward instead of inward; that there is side, but more than anything else, I countability. While I do not believe somebody to blame, there is some Fed- want us to start voting in this body. this $40 billion will be the last for Mex- eral program, some State program, to President Clinton made a speech last ico, the way I see it, there is only two make it right. night, some of its sounded really good. ways that this agreement is going to be When you can be everything to ev- I have heard a lot of great speeches in palatable to the majority of Members. erybody, in my opinion, eventually you my small term of politics. Maybe I First, stringent conditions need to be will ruin everybody. The only way I made a few that sounded pretty good. I placed on the issuance of such a loan know to change things, after a lot of am tired of you having to rely on what guarantee to ensure prompt repay- thought and a lot of debate and a lot of LINDSEY GRAHAM says, or Bill Clinton ment—and these conditions must be reasoning, is to change the Constitu- or anybody else in this body. I want us part of the legislative language. The tion. Whether you are Republican or to vote and I want us to take tough generosity of the United States has Democrat, I do not trust you enough to votes. often been our own worst enemy in get- come sit in this body and spend money The only hope we have of, in my ting repaid. We have consistently dealt without a bad check law. And that is opinion, changing this country is to with international debt owed to us called the constitutional balanced take the balanced budget amendment through reduction or cancellation—ul- budget amendment. that the gentleman from Texas [Mr. timately to the detriment of our tax- Whether you are a Republican or BARTON] has proposed with the tax lim- payers. There must be guarantees that Democrat, I don’t trust you enough to itation bill provision in it, get it out of this loan will be repaid in full and in a come into this body and balance the the Committee of the Whole and make timely manner. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 661 Second, American taxpayers must treaty. There should be no U.S. loan Lowered water levels can cause significant get something genuine and tangible in guarantee until Rios and other indicted problems with drinking water intakes. Lowered return for our continued generosity. perpetrators are brought to justice in water levels could affect hydro-electric power This can be best accomplished in the the United States. production. Lowered water levels could dra- areas of law enforcement and environ- In addition to the question of law enforce- matically affect navigation in the Great Lakes mental protection. ment, language protecting our natural re- and eventually Hudson Bay. Lowered water The United States is party to an ex- sources must be included in the bailout lan- levels can damage the valuable coastal wet- tradition treaty with Mexico, which guage. NAFTA promotes free trade in re- lands of the Great Lakes basin. provides for extradition of Mexican na- sources by limiting the rights of a government Mexico could increase its demand for fresh tionals who cross the border and com- to enact measures restricting such trade. water. One in four Mexicans lack access to mit offenses. However, in practice, the Chapter 3 of NAFTA sets out blanket prohibi- potable water and 55% of available water is Government of Mexico does not extra- tions against government regulation of natural being used for urban, industrial, and agricul- dite its own nationals. According to ar- resource trade. No Government is permitted to tural activities. As we see by this proposed ticle 9 of the Extradition Treaty Be- regulate or prohibit the flow of natural re- bailout, Mexico is not afraid to come to the tween the United States and Mexico (31 sources including water. United States for help when their own policies UST 5059; TIAS No. 9656), singed on Specifically, Article 309 of NAFTA reads: begin to destroy the fabric of the country. May 4, 1978: Parties may not adopt or maintain any Mexico is ripe to become a net importer of Neither Party shall be bound to deliver up prohibition or restriction on the importation Great Lakes water. Two proposals were born its own nationals, by the executive authority of any good of another party, or the expor- out of the 1960's to accomplish just such a of the requested Party shall, if not prevented tation of any good destined for another coun- try. goal: the North American Water and Power Al- by the laws of the Party, have the power to liance, and the Great Replenishment and deliver them up if, in its discretion, it be There is no clause in NAFTA that exempts Northern Development Canal (the Grand deemed proper to do so. water exports from these provisions. Water is Canal). In fact, the National Geographic maga- The problem is that Mexico has a subject to the same requirements of goods as zine, November 1993, cites the real possibility habit of not deeming it proper to extra- other goods described in Article 309. Water is of water diversion. dite its citizens who commit crimes listed as item 22.01 in the NAFTA tariff head- In putting protection against diversion in the here in the United States. While under ing; it states in part: loan guarantee legislation, we are not asking the treaty, at least four United States Including natural waters not containing Mexico to do anything that United States State citizens have been extradited to Mexico added sugar or other sweetening matter nor flavored, ice, and snow. governments haven't already done. Since for crimes committed there, no Mexi- 1980's, Midwestern leaders have (1) signed a can citizens have been extradited to This could mean Great Lakes water. In ad- regional Great Lakes CharterÐan agreement the United States for crimes commit- dition, the national treatment provisions of among Governors of 8 Great Lakes States ted in this country. NAFTA prohibit governments from according and Canadian regional premiers to limit diver- As a member of Chairman CONDIT’s foreign investors any less favorable treatment sion, (2) enacted the United States Water Re- Information Justice Subcommittee in than is provided domestic corporations. This sources Act of 1986 which gives Governors of the 103d Congress, I was present at a provision could permit foreign corporations to 8 Great Lakes States a veto over any pro- hearing regarding the extradition of demand the same access to water resources posed diversion of Great Lakes water, (3) they one Serapio Rios. On September 14, that domestic consumers have. rejected a significant proposed increase in the 1992, Mr. Rios crossed into California, Several other features of NAFTA could di- existing Chicago diversion of Great Lakes kidnapped and raped a 41⁄4-year-old girl, rectly influence existing protection against water in 1988 when the Governor of Illinois and fled back into Mexico to hide be- water diversion. Article 302 of NAFTA requires proposed increased diversion, etc. Further- hind this so-called extradition treaty. that parties not increase duties on items in- more, the citizens of the Great Lakes region As the distraught mother testified: cluding resources, or adopt new ones, and Ar- have supported the concept that Great Lakes It took nine months to get extradition pa- ticle 315 limits the right of parties to restrict water must remain in the Great Lakes 80% of pers processed and served to the Mexican trade through duties, taxes or other changes. the population opposes diversions of water. government. We have a treaty with Mexico, All of these articles could be applicable to Great Lakes is one of our region's, and indeed but Mexico has never extradited one of its Great Lakes water. Again if our natural re- our country's, greatest resources. citizens back to the U.S. for trial. My gov- sources are not specifically excluded, they ernment should press for change. Congress should not continue this pattern of may as well be included. giving and giving without a hint of reciprocity If this mother were here today, she In the simplest terms, NAFTA articulates from a Mexican Government that continues to would say to you, three years later, rules of trade that will restrict the ability of sov- artificially depress wages, that allows its banks that the Mexican Government did not ereign governments, and the people who elect to stack debt on borrowers, and that considers find this violent felon extraditable. them, to regulate the export or diversion of our extradition treaty a joke. This bailout, like The Mexican Government knows where fresh water resources. NAFTA facilitates the NAFTA, is an opportunity to force change, but Rios is, but they refuse to extradite trade of water by making it virtually impos- we must make the most of this opportunity. I him, even after the Mexican Govern- sible, under a toothless dispute resolution call on my colleagues to demand change in ment promised a Member of this body process, to refuse water export proposals. Mexico. This bailout needs to be tied, inex- in exchange for the Member’s NAFTA Is this diversion a legitimate possibility? It tricably to this change. I want to see some vote, that Rios would be extradited. certainly is. It is already happening, albeit le- good faith moves on the part of the Mexican I want to let this mother, and those gally, on a small scale via the Chicago River Government, or I intend to bail out on the bail- that have similar stories, know that diversion project and could easily happen on out. they are not forgotten. I feel that this a larger scale. proposed bailout presents us with a No grand pipeline or huge engineering f unique opportunity to press for change. project is required to accomplish this. Cur- While it may not be feasible at this rently, the Chicago Diversion project diverts NFIB, SMALL BUSINESS AGENDA time to change the language of the 1978 3,200 cubic feet per second to the Midwestern The SPEAKER pro tempore. Under a treaty, President Zedillo needs to get plains but the Army Corps of Engineers has previous order of the House, the gen- the message that $40 billion of U.S. co- calculated that the Chicago diversion could ac- tleman from California [Mr. RIGGS] is operation demands reciprocity. The commodate 8,700 cubic feet per second if recognized for 5 minutes. area of extradition is one place where necessary. Over a limited amount of time, Mr. RIGGS. Mr. Speaker, I take the the Mexican Government can show such an increase could lower water levels on floor here during special orders to good faith by extraditing Rios and the Lake Michigan-Huron by 1¤2 foot. Should the bring to the attention of my colleagues Mexican perpetrators who are accused Government of Mexico lay claim to Great a very important little pamphlet enti- of committing 24 major crimes such as Lakes water, increased diversion through Chi- tled ‘‘NFIB, Small Business Agenda.’’ rape and murder, here in the United cago would take Great Lakes water to the NFIB, of course, standing for the Na- States, and then flee across the border confluence of the Mississippi and Ohio Rivers tional Federation of Independent Busi- to Mexico because they know Mexico where it could meet up with engineering nesses, which is the largest nationwide will not extradite them under the 1978 projects designed to take it over the border. small business advocacy organization H 662 CONGRESSIONAL RECORD — HOUSE January 25, 1995 in the country, with over 600,000 mem- is the average size of the American that in a rush to enact that contract, bers. small business. that the Republican leadership has tar- The NFIB, of course, with the trans- He told me on that occasion, he said, geted a powerless, pretty much formation of the Congress and the as- ‘‘You know, Frank, things have really nonvoting population: America’s hun- cendancy of the Republican Party and gone awry in this country, because for ger, their children, their families. our opportunity to be in the majority the first time in our history, the risks What they are proposing is not a so- and prove to our fellow Americans that of owning your own small business ac- lution to hunger and poverty, or a bet- we have the ability to govern and that tually outweigh the rewards.’’ Again, ter way to do it, but block grants that we will, in fact, follow through on our small business ownership is a part of may ultimately expand hunger prob- commitments as expressed in the con- the American dream. lems in America, and in fact shift costs tract to perform and reform the way I think we need to change that equa- to the States. This is not reform, this Washington does business, the NFIB tion, and when we do, we will know is denial. This is shifting responsibil- has become a very important part, an that our economy is moving in the ities from the Federal Government to integral part of our legislative efforts right direction again. If we want to the State government, something I in Washington. help grow our small businesses—and by thought we were going to stop doing I just wanted to bring that to my col- the way, study after study has indi- around here. leagues, because I will take time on fu- cated that small and very small busi- I challenge our new leadership to end ture occasions under special orders to nesses give us most of our new job cre- hunger and poverty, not the programs go into more detail on each one of ation in the private sector—if we want that feed hungry families and their these points. to grow these type of businesses and children. Republicans are passing the But I do want to stress to my col- create new jobs, then we need to sup- burden of responsibility and the price leagues the legislative priorities of the port five actions: tag to the States. My State alone, Or- National Federation of Independent One, we need a regulatory revolution egon, under their proposal would be Businesses, as we proceed with the here in Washington; two, we have to handed the programs for poverty and Contract with America for the first 100 cut and simplify taxes, particularly on hunger, currently federally assisted days, and then as we develop and delib- entrepreneurs and small business own- programs, with $64 million less than in erate a legislative agenda for the sec- ers, the people who are taking the fi- 1996 to solve the problem. How is that ond and third 100 days. nancial risks to create the jobs and to going to help the State of Oregon? The pamphlet starts out by saying, provide their fellow Americans with However, the Republicans have a so- ‘‘America’s small business owners have economic opportunity; three, we have lution for that, too. Their unfunded heard enough talk about what is good to make health care available and af- mandates legislation has an effective for the country. Now they want results. fordable to small businesses; four, we date of next October. You know why And small business owners believe that have to end the legal nightmares and the effective date is next October? Be- what is good for Main Street will be reduce and hopefully, to the extent cause they know they have hidden good for America.’’ possible, eliminate the regulatory bombs in the Contract for America, And that really is the fundamental maze that small business owners have huge new unfunded mandates for the purpose and mission of the NFIB. They to navigate. States, cuts in successful State pro- represent Main Street, not Wall Street. Lastly, a very important subject that grams. They represent the kind of mom and we are debating on this floor today, to- However, they don’t want to apply pop businesses and the small business night, and tomorrow, we have to force the unfunded mandates legislation be- owners who in fact really are the eco- the government to stop spending more fore or during the adoption of the Con- nomic backbone of the communities of our tax dollars than it takes in. tract on America, particularly those that we are fortunate enough to rep- This, Mr. Speaker, is the small busi- provisions that go to welfare and hun- resent here in the Congress. ness agenda, and it dovetails very nice- ger, because they know this is their in- As we know, small business owners ly, of course, with our Contract With tention, to shift costs to the States, last year said no to mandated health America, which goes to the heart of the not to look at a way of improving these insurance. They played a very critical concerns of small business men and programs so we can better combat this role in helping to defeat President women across this country. problem. Clinton’s health care plan. They rose Mr. Speaker, I commend this little In a nation number one in the indus- up from the grass roots and sent a mes- pamphlet, which again I will be talking trialized nations in defense spending, sage to Congress that mandates cost about on future occasions under Spe- national wealth, and the number of bil- jobs. And as a result, they helped us cial Orders, to your consideration: the lionaires, I think it is a pretty sad stop the President’s health care man- NFIB Small Business Agenda. commentary on our priorities that we dates dead in its tracks. f are also number one in child and elder- Again in November, small business ly poverty and hunger. owners rallied at the polls, and they THE REFORM OF AMERICA’S WEL- Many of our anti-hunger programs turned out politicians who had sup- FARE AND HUNGER PROGRAMS were enacted in the 1960’s and 1970’s in ported anti-Main Street legislation— The SPEAKER pro tempore (Mr. response to a documented wide range of that is, in fact, one reason I am again GEKAS). Under a previous order of the problems of malnutrition. These pro- serving in this body—and elected can- House, the gentleman from Oregon [Mr. grams have in good part worked. We didates who know the importance of DEFAZIO] is recognized for 5 minutes. have decreased the incidence of infant small business to the American econ- Mr. DEFAZIO. Mr. Speaker, I rise in mortality and low birth weight babies. omy. this hiatus in the debate for the Bal- We have improved necessary nutrition anced Budget Amendment and the un- food intake, both for our children and b 2010 funded mandates to discuss something elderly, by 20 to 40 percent. Small business owners sent the mes- that I think is most appropriate. That Mr. Chairman, if we want to take, sage that they want the security to is the reform of the welfare programs say, the hardest-hearted green eye- pursue the American dream of entre- and the hunger programs in our Na- shade view of this issue, there is an- preneurship. Let me touch on that tion. other way to look at it. These pro- point for a moment, because I think Mr. Speaker, I certainly do not rise grams save the American taxpayers that underscores how wrong things to say that the current system is per- money. They not only improve the have become in America, because in fect. There is a lot of need for improve- quality of life for the next generation, the course of the election campaign I ment and reform. However, the ques- but they save money. Every dollar that recall meeting with a small business tion is, if we look at the Republican is invested in the WIC program saves owner, an expert machinist who em- Contract for America and we look at up to $4 in Medicaid savings, and a ployed about somewhere in the neigh- their provisions regarding welfare re- whole lot of other funds for the States borhood of 6 or 7 people, which frankly form and hunger programs, I am afraid in terms of special education programs January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 663 and other things that would be nec- obvious, I think, to all of us in this posal than they would receive under essary if we were dealing with a new body and to all of America, that we current law, and all States would even- epidemic of low birth weight babies. desperately need: We desperately need tually be given less money in the long If we are really talking about invest- that discipline. run. For example, Texas would lose ments that make sense, if we are talk- Now, finally, or once again, I should over $1 billion, which would result in ing about reforms that make sense, say, we have an opportunity. We have a either a reduction in benefits or a de- then we should be putting more money great opportunity to be able to give nial of benefits to many needy fami- into this program, not less. However, that gift to the American people. lies. that is not in the contract. I have a little bit of background as a Second, the major nutrition pro- We often have these academic de- State legislator from the great State of grams, food stamps, school lunch, and bates around here, and it sometimes New Jersey. We live with a balanced school breakfast would no longer be en- helps to put a little bit of a face on it. budget in the State of New Jersey and titlement programs. There would be a My background is in gerontology. I it works. cap on the annual appropriations for have worked with senior citizens. I b 2020 the block grant. The cap would be ad- have seen seniors—people who have justed each year for changes in popu- given their whole lives, raised a couple Yes, very often there are some tough lation and food prices, but not for of generations, their kids, their decisions that have to be made. There changes in unemployment or poverty. grandkids, and worked and worked and are some tough choices. But that is Congress could appropriate less, but worked, and are living on a small So- what life is all about. And America has not more than the cap. cial Security—I have seen them cry to make some tough choices. But I That means that if there is an in- when I brought them a hot meal, be- think this choice is relatively simple, crease in poverty due to a recession, cause it was the only hot meal that and I would like to see us join together States will be unable to expand their they had had in days. in a bipartisan fashion to be able to nutrition programs to meet the in- Are we going to end these programs? present this to the American people, creased need for nutrition benefits. It Are we going to turn back the clock? something I believe they feel is long also means that every year States will The Contract would, or it will say, overdue that would bring Congress need to fight at the Appropriations ‘‘Well, we are going to give a block back into the real world that they live grant to the States, but we are going to Committees for scarce funding for in. their nutrition programs. cut the funding.’’ How are the States f going to pick up that additional bur- AGRICULTURAL CONCERNS den? If the Contract is honest, then the MAINTAINING EFFECTIVE NUTRI- Not only could the nutrition block Contract will adopt the unfunded man- TION PROGRAMS IN FACE OF grant have an adverse impact on the dates legislation tomorrow so we know WELFARE REFORM States, but it could also mean that less what costs we are shifting to the The SPEAKER pro tempore (Mr. money is available to support food pur- States next year. GEKAS). Under a previous order of the chases and agricultural incomes. f House, the gentleman from Texas [Mr. Studies have shown that retail food NEW REFORMS BRING BADLY DE LA GARZA] is recognized for 5 min- spending might decrease when the NEEDED DISCIPLINE TO GOVERN- utes. same level of assistance is provided in MENT Mr. DE LA GARZA. Mr. Speaker, as cash instead of in food stamps. USDA we begin the debate on welfare reform, estimates that there could be a reduc- The SPEAKER pro tempore. Under a let their be no mistake that the Demo- tion in retail food sales of between $4.25 previous order of the House, the gen- crats on the Committee on Agriculture billion to $10.5 billion. This decrease tleman from New Jersey [Mr. welcome the opportunity to further re- will result in reduced earnings of food LOBIONDO] is recognized for 5 minutes. form the Food Stamp Program and the manufacturing and distribution firms. Mr. LOBIONDO. Mr. Speaker, we commodity distribution programs. And agricultural producers would, joined together just a few short weeks Those of us who have worked with therefore, suffer decreases in farm in- ago in an initial gift, really, I think, to these programs labored long and hard come. For livestock, vegetables, and the citizens of this country by in a bi- to make needed changes, but are well fruit producers alone, farm income partisan way coming together to vote aware that there are areas where they on the Congressional Accountability could drop by as much as $1 to $2 bil- can be further improved, as with any Act. I believe that that can set the lion. other good program. They can be made stage for the endeavor that we are now In the short run, implementation of more responsive to the needs of poor embarking on, which would allow us to the block grant could result in a loss of give another gift to the American peo- people by encouraging them to attain 126,000 to 138,000 jobs, and rural areas ple, that of a balanced budget amend- self-sufficiency, and they can be made would suffer the most because of their ment. more efficient for the States that ad- heavy dependence on the agriculture Mr. Speaker, my district, the south- minister them. This is not to say that sector. In the short run, rural areas ern part of New Jersey, is rural and ag- we haven’t tried. We have. would lose twice as many jobs as met- ricultural. We have many small busi- But our challenge now is to make ropolitan communities. nesses. I try to get around to the fire sure that in making these reforms we Under the block grant, almost all au- halls, the church halls, for the bar- do not throw out the baby with the thorities for USDA to purchase and dis- becues, for the breakfasts, to listen to bathwater. tribute food commodities to schools people, to look in their eyes, and to be These are complex, well-intentioned, and other outlets, like TEFAP, would able to hear what their concerns are. and largely successful programs. The be eliminated. Although the proposal What they have told me is that they Federal nutrition programs have re- would add new authority for USDA to do not understand why Congress does duced hunger in this country dramati- sell food commodities to States for not live in the real world the way they cally and improved the nutritional food aid purposes, it is not clear how do. They tell me that they live with a quality of the diets of poor families. the Department would acquire the non- balanced budget amendment of their We should not lose sight of that fact by price-support commodities in the first own. They cannot spend more than rushing to pass legislation that could place. The proposal would, therefore, they take in, not for very long, wheth- threaten the good work of these pro- make it impossible for USDA to sta- er they are individuals or whether they grams. bilize markets for non-price-support are businesses. They have to live with STATE CONCERNS commodities in times of surplus pro- that discipline. Two aspects of the nutrition block duction. I come from a small business back- grant proposed in H.R. 4 could seri- Commodity distribution programs that now ground. I know what it is like to be ously threaten the effectiveness of our serve a dual purpose of supporting commod- able to put that dynamic together, nutrition programs. First, all but eight ities in times of overproduction and providing that dynamic that seems to be missing States will be given less money in fis- those commodities to nutrition programs would from Government, something that is cal year 1996 under the block grant pro- no longer be available. H 664 CONGRESSIONAL RECORD — HOUSE January 25, 1995

RECIPIENT CONCERNS some of the most successful programs tunity to have healthy babies. They Finally, and most important, the nutrition in the history of this Government and are about our elderly living out the block grant proposal could result in an in- the history of this Nation. These are twilight of their life with dignity, and crease in hunger in America. Fifty-two percent the programs that have lifted our el- the security of their own surroundings, of food stamp recipients are children. Approxi- derly out of desperate situations when and not bankrupting their children or mately $9 of every $10 spent for food stamp they did not have enough income to themselves because they have to go to benefitsÐ89 percentÐare provided to house- feed themselves, have dramatically re- a nursing home because there is no one holds with children, elderly, or disabled peo- duced the incidence of low-birth-weight to take care of them in the city in ple. Families with children receive 82 percent and very-low-birth-weight children to which they now live. of food stamp benefits. Thirteen million chil- pregnant women, to families, to pre- dren receive food stamps in an average vent them from suffering the setback b 2030 month. and the disappointment and the heart- That is what these programs are If States choose to handle the reduced break of birth defects of a critically ill funding levels by restricting eligibility to nutri- child at the moment of birth, and at about. And they are about making sure tion programs, 6 million food stamp recipients, the same time to alleviate the tax- that there is in fact a safety net for most of them children, will no longer be eligi- payers and others of the cost of the working Americans so that when hard ble for nutrition benefits in fiscal year 1996. I thousands of dollars a day it takes to times come they can get some help don't believe that the American people intend bring a very-low-birth-weight child up until they can get the next job. for welfare reform to increase hunger among to normal weight and the efforts so Twenty percent of the families re- our children. that they can take that child home. ceiving Food Stamps are working fami- All welfare reform proposals should be ana- These are the programs that have al- lies in this Nation. The go to work lyzed on the basis of how well they will sup- lowed our senior citizens to live in every day. They have not lost their job, port and encourage people to attain self-suffi- their own home. One of the leading but they do not make enough to be ciency, and not simply on how much money causes of people being put into nursing above the poverty line. they save. They must be analyzed on how homes is that they can no longer cook Some of those families are in the they will affect our children, who are our fu- for themselves. So we used a program U.S. military. They are serving this ture. Simply reducing funding, and eliminating called Meals on Wheels. I have deliv- country. But they do not make enough, the entitlement status of our nutrition pro- ered the meals, my wife has delivered so that they are eligible for Food grams, does not result in effective welfare re- the meals, our children have delivered Stamps, and to make ends meet for form. We all want welfare reform, but we must the meals to the elderly in our commu- those military families they go down be concerned not just with the short-term im- nity. That is the reason they can live and they participate in the Food pact, the present impact, but also with the fu- in a surrounding that they are com- Stamp Program. That may be a shame ture impact. I urge my colleagues to move fortable with. They can no longer cook, that that is the situation with the carefully and thoughtfully on welfare reform. but we can deliver a nutritious meal to military families in this country but it Mr. Speaker, as long as we have the human those individuals. is a fact. In fact, if we look at these nu- element involved, there will be fraud and What happens when we do that? We trition programs, they are an indict- abuse; our challenge is to minimize it. But, my reduce the nursing home cost, the ment of this country, for our inability friends, a block grant is not going to cure this. health care cost, and the whole Nation to provide jobs to create wages so peo- Let us not deceive ourselves on this, it might benefits, and those people get to live in ple can feed themselves, so that people even make it worse, for there will be no uni- a surrounding they are comfortable that find themselves in tough economic formity. So, again, I urge my colleagues to with. straits can get a bridge out, to get tem- move carefully and thoughtfully to achieve the These are the programs that have al- porarily help. But we do not. end result. We cannot, we must not, gamble lowed people to go into their homes We see homeless people on our with such a precious commodity as our chil- and to cook for those individuals so streets. In 1980 the Reagan administra- dren. that they could stay in those surround- tion said it was an emergency and tem- f ings. porary. They said they were there be- These are the programs that when The SPEAKER pro tempore. Under a cause they wanted to be. And in 1990 people find themselves unemployed, previous order of the House, the gen- they were counted in the census as a through no fault of their own, they tleman from Virginia [Mr. BLILEY] is permanent part of the American land- went to work every day, they worked recognized for 5 minutes. scape. in the steel mills, in the automobile That is unacceptable and, the nutri- [Mr. BLILEY addressed the House. factories, in the insurance companies, His remarks will appear hereafter in at IBM or Xerox, and all of a sudden tion programs stand between millions the Extensions of Remarks.] they had no family income, because of of Americans and that fate. And that f restructuring or downsizing or layoffs should be block granted. or unemployment, whatever the words Mr. Speaker, the question I put to you today IN DEFENSE OF NUTRITION are that you want to use. is: Where is the mandate? Who is mandating PROGRAMS But they had to feed their families. the repeal and block granting of the Federal The SPEAKER pro tempore. Under a So they were entitled to go over, and nutrition programs? previous order of the House, the gen- to get food stamps to give them help No one has contacted my office to support tleman from California [Mr. MILLER] is while they were unemployed. Their a nutrition block grant, and hundreds have recognized for 5 minutes. children might be eligible for a school written opposing it. Exactly who is asking for Mr. MILLER of California. Mr. lunch because they have no family in- the demolition of these programs that have Speaker, in a rush to cut governmental come. proven so successful in saving the taxpayers' spending, the Republicans seem intent Now we say we are going to cut those money, preparing our kids to support them- not to look at whether or not programs programs across the board? We are selves when they get older, and increasing the are effective, whether or not programs going to cut those programs across the health of our seniors? have been successful, but simply to cut board for Americans that went to work The Economic and Educational Opportuni- and to block-grant those programs so every day. And they worked hard. They ties Committee had to cancel a hearing this that they can realize the savings that just happened to be so unfortunate morning on the nutrition block grant because they want to pay for the other things that their job was yanked away from they couldn't get a Republican Governor to that they wish to do, whether it is an underneath them. testify in support of it. The Governors them- increase in the defense spending or to I do not think that is the message selves have serious concerns about the nega- provide tax cuts to the very wealthy of that America wants to send to its fami- tive impact the block grant will have on our this country. lies, but that is what these nutrition citizens and our country. Unfortunately, the programs caught programs are about. they are about the Speaker GINGRICH is mandating this block up in that whirlwind happen to be the prevention of birth defects. They are grant to pay for his tax cut for the rich. In nutrition programs. These are among about letting families have an oppor- order to save a few billion dollars to pay for January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 665 the contract's tax cut for the rich, and in com- House, the gentlewoman from Arkan- Before we can appreciate the value of plete disregard of the merits of these food as- sas [Mrs. LINCOLN] is recognized for 5 these programs, we need to understand sistance programs, the Republicans are risk- minutes. the problems they address and the ef- ing incurring significant long term Federal, [Mrs. LINCOLN addressed the House. fectiveness of their results. State, and local cost of health care, remedial Her remarks will appear hereafter in Today, many seniors do not eat ade- education, and decreased worker productivity. the Extensions of Remarks.] quately because they cannot afford to Of course, there is room for improvement in f do so. Moreover, they lack the skills to the programsÐwe work on this every year. The SPEAKER pro tempore. Under a prepare nourishing, well-balanced Congress is constantly working to improve effi- previous order of the House, the gentle- meals. Because many of these elderly ciency, decrease paperwork, and end fraud in people have limited mobility, it can be woman from Ohio [Ms. KAPTUR] is rec- these programs. Last year the Ed. and Labor ognized for 5 minutes. difficult to shop and cook for them- Committee reauthorized the School Lunch Act. selves. Also, many seniors experience [Mrs. KAPTUR addressed the House. I worked with Members on both sides of the feelings of loneliness which sometimes Her remarks will appear hereafter in aisle to add a strict penalty for anticompetitive hinder their incentive to make a meal the Extensions of Remarks.] bid-rigging by food suppliers. Almost every and eat it alone. year Mr. DE LA GARZA and the members of the f These and other physiological, social, Agriculture Committee have passed legislation NUTRITION PROGRAMS and economic changes that occur with to curb fraud in the Food Stamp Program. aging, result in a pattern of living that The SPEAKER pro tempore. Under a These programs are good for the recipients causes malnutrition and further phys- previous order of the House, the gentle- and the taxpayers. The block grant contains ical and mental deterioration. no requirement that the food programs States woman from Florida [Mrs. THURMAN] is recognized for 5 minutes. Since 1973, the Nutrition Program for create maintain any uniform nutrition stand- the Elderly has provided older Ameri- ards. The recommended daily allowances for Mrs. THURMAN. Mr. Speaker, If you look closely at the fine print of the Re- cans, particularly those with low in- kids and adults in California is the same as comes, nutritionally sound meals. The those in New York. Only the ability of the chil- publican welfare reform plan, there is a proposal that threatens the lives of al- broad objective of the Nutrition Pro- dren and their families to pay for that food var- gram for the Elderly is to nourish the ies. most 5 million older Americans. This proposal threatens to force our seniors whole older person, not simply to sup- The current taxpayer savings the Repub- to go hungry. But so far, this issue has ply basic nutrients. licans are putting in jeopardy are: gone virtually overlooked in the large- About 3.3 million seniors are served Every $1 spent in the WIC program saves scale national debate over welfare re- hot meals in strategically located cen- between $2 and $4 dollars in Federal Medic- form. ters such as schools, churches, commu- aid costs. It is buried deep within the legisla- nity centers, and senior citizen centers. Every $1 spent on elderly programs— tive language of the Republican’s Con- Seniors in this program depend on the Meals-on-Wheels and Congregate Meals tract With America. It is contained fruit, milk, meat, and potatoes because program—saves $3 on Federal Medi- under the section that consolidates nu- it is often their only balanced meal of care, Medicaid, and veteran’s health trition programs for the poor. It seeks the day. care costs. Malnourished patients stay to eliminate the crucial nutrition sec- Public and private facilities are also in the hospital nearly twice as long as tion of the 30-year-old Older Americans used where seniors can obtain other so- those who are well-nourished, costing Act and to lump funding for senior citi- cial and rehabilitative services. This an additional $2,000—$10,000 per stay. zen nutrition programs in with all encourages older persons to maintain Malnutrition permanently impairs other food programs. independence by encouraging social brain development and a child’s ability Seniors are at particular risk under interaction, while at the same time im- to learn, causing an increase in the the proposal. While the welfare plan proving nutrition. This program is the number of children failing in school does spell out some mandatory mini- cornerstone of a comprehensive, com- and a significant increase in the local mums each State must spend on nutri- munity based and managed service sys- and Federal cost of remedial education. tion programs, it does not specify any tem aimed at providing opportunities Nutrition programs significantly de- minimum for elderly nutrition. for older people to remain independent crease anemia in adults as well as chil- Therefore, this proposal would allow and selfsufficient. dren and the elderly. Studies show ane- States to completely wipe out Meals- For those who are homebound, meals mia lowers worker productivity and On-wheels and other vital services. No are delivered and other supportive ability to learn new and emerging protection is afforded by the Federal services are provided, where necessary fields, hurting our ability to compete Government. and feasible. Nationally, more than in global economy. Pulling senior nutrition out of the 794,000 seniors, 49,000 now in my home In my district, as in all other dis- Older Americans Act and separating it State of Florida, have meals delivered tricts across our country, this block from other other services for the elder- to their homes. Yet, the program today grant means more than a loss in food ly will make it much harder for com- cannot serve all who need it. If the nu- assistance. In Contra Costa County munities to assist older people with trition program is to be continued as alone it means almost 400 fewer gro- complex needs. None of us want to cre- part of a block grant, it is estimated cery store jobs, $6.6 million less in ate a situation where competing inter- that nearly 20 percent of the seniors wages, and the closure of over a dozen ests are vying for their fair share. We now served would no longer receive food stores. cannot allow a situation to develop meals and nutrition services due to re- I understand the Republicans want to where the needs of seniors are pitted ductions in funding. move quickly in debating their pro- against the needs of hungry children. Besides promoting better health posed legislation in order to meet their There is no question that our current among the elderly through improved 100 day-deadline. However, if the cost welfare system is in need of reform. nutrition, this program is aimed at re- will be measured in taxpayer dollars The debate over welfare reform taking ducing the isolation of old age and of- and human lives, it would be uncon- place across this country needs to fering Americans the opportunity to scionable of the Republicans not to focus on connecting recipients to the maintain self-sufficiency. The nutri- slow down. Please, talk to your con- workplace. It should deal with personal tion program is a fundamental part of stituents, visit a WIC center, eat a responsibility and work, not just sav- a comprehensive service system aimed school lunch, and find out why these ing money. We should be guided by at keeping older people at home, sup- programs are so popular and successful. principles that help us solve problems, porting family caregivers, and avoiding You owe at least that to yourself, our not create new ones. unnecessary and costly nursing home children, and our country. The Elderly Nutrition Program, as care. f part of the Older Americans Act, is a These programs are supported through a The SPEAKER pro tempore (Mr. program that works. They have a prov- vast network of volunteers and through cash GEKAS). Under a previous order of the en track record of success. and in-kind support from local private sector H 666 CONGRESSIONAL RECORD — HOUSE January 25, 1995 groups. Finally, these programs have tradition- Or this letter, that comes from a retired PETER DEFAZIO, in introducing the In- ally served those older persons with the great- pharmacist, from New Port Richey, who lives dian Federal Recognition Administra- est economic need. A significant portion of the alone since the death of his wife. Each day, tive Procedures Act of 1995 which will cost of these programs are borne by the par- instead of sitting home alone, he comes to the create an efficient and fair procedure ticipants themselves. Seniors contributed at Elderly Nutrition dining site. He looks forward for extending federal recognition to least $171 million last year to the programs to volunteering at the site and delivering meals certain Indian tribes. Similar legisla- based on their ability to pay. to the homebound. tion was passed by the House of Rep- Moreover, these programs are some of the He writes to tell me that if the criteria for eli- resentatives last Congress but, unfor- most effective in keeping administration costs gibility in the Nutrition Program is changed tunately, failed to pass in the Senate extremely low. Much of the administrative and he is found to be unqualified, it will leave by the end of the session. costs of these programs are provided by vol- a huge void in his life. He feels that he would Mr. Speaker. There remains a great unteers. The reduction of funding will have an become depressed if he had to stay at home need for redesign of the current process adverse effect on the potential of providers to ``staring at four walls.'' for federally recognizing Indian tribes. recruit increased numbers of volunteers. Fur- He has the means to pay for his meals in For instance, it was not until 1979, 157 thermore, the number of volunteers would be a restaurant, but would be unable to find the years after the establishment of the decreased as well, since many senior volun- socialization and companionship that he needs Bureau of Indian Affairs, that a com- teers are participants in the programs. from other seniors there. Due to physical dis- prehensive list of Indian tribes was This proposal from the Contract With Amer- abilities, he is unable to interact in recreational published. It fact, the concept of Fed- activities. At the lunch site he finds more ap- ica does not make cost effective sense. The eral recognition did not even become a propriate activities to fulfill his needs. logic of this proposal is faulty on its face. The significant legal issue until the 1970s, Mr. Speaker, the debate on welfare has proposed changes will result in more people following two federal appellate court been focused on moving people off welfare going to nursing homes since preventive and decisions and recommendations of the and into work. The American people do not supportive services, including meals, will be American Indian Policy Commission. decreased. Every recipient who receives want to continue an endless entitlement pro- gram without requiring any responsibility on The current recognition process is meals at home is considered frail and gen- very cumbersome, lengthy and, in erally at risk of nursing home placement. the part of the recipients. What we need to understand, is that the El- many cases, ill-suited to factual and If this block grant was created, 5,040 home fair determinations. Unfortunately, delivered meal recipients would be dropped derly Nutrition Program is not welfare. Unfortu- nately, the Nutrition Program for the Elderly federal regulations are by no means from the program, these frail seniors would clear regarding the criteria that a tribe most likely be unable to remain in their homes got swept along in a big net cast out to reform the welfare system. This is a program that seeking federal recognition must sat- and would be at high risk of entering a nursing isfy, nor what evidence the BIA must home. This would cost the Federal Govern- serves very vulnerable seniors. This program verify. In addition, the current process ment $86 million per year in Medicaid funds. does not belong in the debate on connecting has led to a backlog of petitions. Since As opposed to the present cost of $7.5 million recipients to the work place. 1978, the BIA has received over 116 new under the Older American Act and related The welfare debate is about personal re- petitions. The BIA has resolved only 25 state funded programs for home based care. sponsibility and work. The Elderly Nutrition cases since 1978, nine in favor of rec- Rember, this $86 million is only for Florida. Program is about keeping seniors alive and ognition, and 13 against recognition. It is more than 10 times less expensive to independent. Not a single person has alleged While in the past two months, the BIA keep people in their homes, where they want that the program is anything less than a suc- has acted on two petitions, in both to be in the first place. Obviously, the results cessful program that has improved the nutri- cases announcing proposed findings of of block granting these programs have not tion and physical and mental health of millions denial, the process remains unwieldy. been thought through. It is just another one of of seniors in our country. the shallow plans Republicans are offering Mr. Speaker, I urge my fellow members to Mr. Speaker, in addition, the costs to without thinking through the personal or finan- examine these elderly nutrition programs and tribal petitioners of participating in recognize the fact that they do not belong in cial consequences. This plan would end up the federal recognition process are pro- the welfare debate. Including them in a mas- costing us billions of dollars and cutting vital hibitively expensive, averaging be- sive block grant, as offered by the Repub- services to the elderly. tween $300,000 and $500,000. In addition, licans in the Contract With America, would be Mr. Speaker, the average age of the people the BIA’s own system appears to suffer a massive mistake. It would in the most cruel in my district makes it the second oldest in the internal conflicts because the same way, pit one generation against another in the state. I have worked closely with a number of agency individuals who conduct the re- fight for survival. programs in my District that provide these nu- search into a tribe’s history also make Last night, President Clinton said that sen- trition programs to my constituents. I know the final recognition decision. iors have made us what we are as a nation. from first hand experience how important they Mr. Speaker, this legislation re- He is right. We shouldn't thank them for their are to a great deal of the elderly folks in Flor- sponds to these problems by creating sacrifices to the present generation by kicking an independent Commission on Indian ida. them out on the street. Nutrition studies from the University of Flor- Recognition, comprised of three indi- f ida have shown that 69 percent of the con- viduals. The Commission would receive gregate meal participants were at moderate to The SPEAKER pro tempore. Under a petitions for recognition. The legisla- high risk for malnutrition. Moreover, 89 percent previous order of the House, the gentle- tion prescribes procedures for consider- of the home delivered meal participants were woman from California [Ms. ESHOO] is ing petitions, and affords petitioners at moderate to high risk for malnutrition. recognized for 5 minutes. the right to adjudicative hearings and Mr. Speaker, I have talked to many partici- [Ms. ESHOO addressed the House. appeals, and access to federal courts. pants of these nutritional programs and I re- Her remarks will appear hereafter in For instance, the bill would allow peti- ceive letters like these every day. the Extensions of Remarks.] tioning groups to conduct discovery Like the one from this 83 year old woman. f and cross-examine witnesses and evi- She has been going to the same site in New dence in a Commission hearing. More Port Richey every day since 1983. Her son THE INDIAN FEDERAL RECOGNI- importantly, the bill sets forth more brings her every morning and picks her up TION ADMINISTRATIVE PROCE- objective, consistent, and streamlined afterwards. She loves to be around people DURES ACT OF 1995 standards for acknowledging groups as and feel useful instead of just sitting at home. The SPEAKER pro tempore. Under a federally recognized Indian tribes. By She is very healthy and goes to the site to previous order of the House, the gen- so doing, the legislation greatly en- enjoy the camaraderie of other seniors her tleman from American Samoa [Mr. hances the ability of the federal gov- age. She is very active at the site and is a FALEOMAVAEGA] is recognized for 5 ernment to more accurately, effi- regular volunteer. minutes. ciently, and fairly determine whether She is grateful to this elderly nutrition pro- Mr. FALEOMAVAEGA. Mr. Speaker, or not to extend federal recognition to gram and stated that ``the program keeps her I am pleased to join with my good tribal petitioners. young.'' If this program were based on income friends, Mr. BILL RICHARDSON, Mr. PAT Mr. Speaker, today I attended a eligibility she would not qualify for it. WILLIAMS, Mr. GEORGE MILLER, and Mr. White House meeting with a number of January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 667 tribal leaders and officials of non-rec- ed States to Indians because of their status (18) The term ‘‘petitioner’’ means any ognized tribes. The tribal leaders were as Indians. group which has submitted a letter of intent very adamant about their (3) The term ‘‘autonomous’’ means the ex- to the Commission requesting acknowledg- unsatisfaction with the current rec- ercise of political influence or authority ment that it is an Indian tribe. independent of the control of any other In- (19) The term ‘‘political influence or au- ognition process and urged both the dian governing entity. Autonomous must be thority’’ means a tribal council, leadership, Administration and Congress to make understood in the context of the history, ge- internal process or other mechanism which wholesale changes in the law. I would ography, culture and social organization of the group has used as a means of influencing like to emphasize that the legislation the petitioner. or controlling the behavior of its members in that I am introducing today is only the (4) The term ‘‘Bureau’’ means the Bureau significant respects, or making decisions for starting point for further discussion of Indian Affairs. the group which substantially affect its and debate. I remain open to, and look (5) The term ‘‘Commission’’ means the members, or representing the group in deal- forward to, the advice and input of my Commission on Indian Recognition estab- ing with non-members in matters of con- sequence to the group. ‘‘Political influence other colleagues, as well as agency and lished pursuant to section 4. (6) The term ‘‘community’’ means any or authority’’ is to be understood in the con- tribal recommendations. I firmly be- group of people, living within a reasonable text of the history, culture and social orga- lieve that together we can arrive at a territorial propinquity, which can dem- nization of the group. fair and workable solution to the prob- onstrate that consistent interactions and (20) The term ‘‘previous Federal acknowl- lems associated with the federal rec- significant social relationships exist within edgment’’ means any action by the Federal ognition process. its membership and that its members are dif- government the character of which is clearly I urge my colleagues to support this ferentiated from and identified as distinct premised on identification of a tribal politi- measure. from nonmembers. ‘‘Community’’ must be cal entity and clearly indicates the recogni- understood in the context of the history, cul- tion of a government-to-government rela- I include a copy of the bill, as fol- tionship between that entity and the Federal lows: ture and social organization of the group, taking into account the geography of the re- government. H.R. 671 gion in which they reside. (21) The term ‘‘restoration’’ means the Be it enacted by the Senate and House of Rep- (7) The term ‘‘continuously’’ or ‘‘continu- reextension of acknowledgment to any pre- resentatives of the United States of America in ous’’ means extending from the first sus- viously acknowledged tribe which may have Congress assembled, tained contact with Euro-Americans had its acknowledged status abrogated or di- throughout the group’s history to the minished by reason of congressional legisla- SECTION 1. SHORT TITLE. tion expressly terminating that status. This Act may be cited as the ‘‘Indian Fed- present substantially without interruption. (8) The term ‘‘Department’’ means the De- (22) The term ‘‘Secretary’’ means the Sec- eral Recognition Administrative Procedures retary of the Interior. Act of 1995’’. partment of the Interior. (9) The term ‘‘documented petition’’ means (23) The term ‘‘sustained contact’’ means SEC. 2. PURPOSES. the detailed, factual exposition and argu- the period of earliest sustained Euro-Amer- The purposes of this Act are— ments, including all documentary evidence, ican settlement or governmental presence in (1) to establish an administrative proce- necessary to demonstrate that these argu- the local area in which the tribe or tribes dure to extend Federal recognition to certain ments specifically address the mandatory from which the petitioner claims descent Indian groups; criteria established in section 5. was located historically. (2) to extend to Indian groups which are de- (10) The term ‘‘historically’’, ‘‘historical’’ (24) The term ‘‘treaty’’ means any treaty— termined to be Indian tribes the protection, or ‘‘history’’ means dating from the first sus- (A) negotiated and ratified by the United services, and benefits available from the tained contact with Euro-Americans. States on or before March 3, 1871, with, or on Federal Government pursuant to the Federal (11) The term ‘‘Indian group’’ or ‘‘group’’ behalf of, any Indian group or tribe; trust responsibility; means any Indian, Alaska Native, or Native (B) made by any government with, or on (3) to extend to Indian groups which are de- Hawaiian tribe, band, pueblo, village or com- behalf of, any Indian group or tribe, from termined to be Indian tribes the immunities munity within the United States that the which government the United States subse- and privileges available to other federally- Secretary of the Interior does not acknowl- quently acquired territory by purchase, con- acknowledged Indian tribes by virtue of their edge to be an Indian tribe. quest, annexation, or cession; or status as Indian tribes with a government- (12) The term ‘‘Indian tribe’’ or ‘‘tribe’’ (C) negotiated by the United States with, to-government relationship with the United means any Indian, Alaska Native, or Native or on behalf of, any Indian group in Califor- States; Hawaiian tribe, band, pueblo, village or com- nia, whether or not the treaty was subse- (4) to ensure that when the Federal govern- munity within the United States that the quently ratified. ment extends acknowledgment to an Indian Secretary of the Interior presently acknowl- (25) The term ‘‘tribal relations’’ means par- tribe, it does so with a consistent legal, fac- edges to be an Indian tribe. ticipation by an individual in a political and tual and historical basis; (13) The term ‘‘indigenous’’ means native social relationship with an Indian tribe. (5) to establish a commission which will to the United States in that at least part of (26) The term ‘‘tribal roll’’ means a list ex- act in a supporting role to petitioning groups the petitioner’s traditional territory at the clusively of those individuals who have been applying for recognition; time of first sustained contact with Euro- determined by the tribe to meet the tribe’s (6) to provide clear and consistent stand- Americans extended into what is now the membership requirements as set forth in its ards of administrative review of documented United States. governing document or, in the absence of a petitions for Federal acknowledgment; (14) The term ‘‘letter of intent’’ means an governing document setting forth those re- (7) to clarify evidentiary standards and ex- undocumented letter or resolution which is quirements, have been recognized as mem- pedite the administrative review process by dated and signed by the governing body of an bers by the tribe’s governing body. In either providing adequate resources to process peti- Indian group and submitted to the Commis- case, those individuals on a tribal roll must tions; and sion and indicates the group’s intent to sub- have affirmatively demonstrated consent to (8) to remove the Federal acknowledgment mit a petition for Federal acknowledgment being listed as members. process from the Bureau of Indian Affairs as an Indian tribe. (27) The term ‘‘United States’’ means the and invest it in an independent Commission (15) The term ‘‘member of an Indian group’’ 48 contiguous states, Alaska and Hawaii; and on Indian Recognition. means an individual who is recognized by an does not include territories or possessions. SEC. 3. DEFINITIONS. Indian group as meeting its membership cri- SEC. 4. COMMISSION ON INDIAN RECOGNITION. For purposes of this Act: teria and who consents in writing to being (a) ESTABLISHMENT.—There is established, (1) The term ‘‘aboriginal group’’ means any listed as a member of that group. as an independent commission, the Commis- Indian group or tribe that is presently lo- (16) The term ‘‘member of an Indian tribe’’ sion on Indian Recognition. cated in Canada or the United States of Mex- means an individual who meets the member- (b) MEMBERSHIP.—(1)(A) The Commission ico and consists of individuals who are de- ship requirements of the tribe as set forth in shall consist of three members appointed by scendants of the people who inhabited the its governing document or, in the absence of the President, by and with the advice and area now constituting those two countries a governing document which sets out these consent of the Senate. prior to their first sustained contact with requirements, has been recognized as a mem- (B) In making appointments to the Com- Euro-Americans. ber collectively by those persons comprising mission, the President shall give careful con- (2) The term ‘‘acknowledgment’’ or ‘‘ac- the tribal governing body; and has consist- sideration to— knowledged’’ means a determination by the ently maintained tribal relations with the (i) recommendations received from Indian Commission on Indian Recognition that an tribe or is listed on the tribal membership tribes; Indian group constitutes an Indian tribe rolls as a member, if such rolls are kept. (ii) individuals who have a background in with a government-to-government relation- (17) The term ‘‘petition’’ means a petition Indian law or policy, anthropology, geneal- ship with the United States, and whose mem- for acknowledgment submitted or trans- ogy, or history.; and bers are recognized as eligible for the special ferred to the Commission pursuant to sec- (iii) individuals who, at the time of nomi- programs and services provided by the Unit- tion 5 of this Act. nation, are employed by the United States H 668 CONGRESSIONAL RECORD — HOUSE January 25, 1995 Government and would be eligible to partici- ing to the number, classification, and Gen- date of such petition as an autonomous In- pate through the Intergovernmental Person- eral Schedule rates) of an Executive Director dian tribal entity; nel Exchange Act. of the Commission and of such other person- (C) groups, or successors in interest of (2) No more than two members of the Com- nel as the Chairman deems advisable to as- groups, that prior to the date of enactment mission may be members of the same politi- sist in the performance of the duties of the of this Act, have petitioned for and been de- cal party. Commission, at a rate not to exceed a rate nied or refused recognition as an Indian tribe (3)(A) Each member of the Commission equal to the daily equivalent of the annual under regulations prescribed by the Sec- shall be appointed for a term of four years, rate of basic pay prescribed for level V of the retary; except as provided in subparagraph (B). Executive Schedule under section 5316 of (D) any Indian group whose relationship (B) As designated by the President at the title 5, United States Code; and with the Federal Government was expressly time of appointment, of the members first (B) procure, as authorized by section terminated by an Act of Congress; and appointed— 3109(b) of title 5, United States Code, tem- (E) any Indian group that, in any action in (i) one shall be appointed for a term of two porary and intermittent services to the same a United States court to which the group was years; extent as is authorized by law for agencies in a party, has previously attempted to estab- (ii) one shall be appointed for a term of the executive branch, but at rates not to ex- lish its status as an Indian tribe or a succes- three years; and ceed the daily equivalent of the annual rate sor-in-interest to an Indian tribe that was a (iii) one shall be appointed for a term of of basic pay prescribed for level V of the Ex- party to a treaty with the United States, four years. ecutive Schedule under section 5316 of such and— (4) Any vacancy in the Commission shall title. (i) was determined by such court not to be not affect its powers, but shall be filled in (2) The Commission is authorized to— an Indian tribe; or the same manner in which the original ap- (A) hold such hearings and sit and act at (ii) was determined by such court not to be pointment was made. Any member appointed such times; a successor-in-interest to an Indian tribe to fill a vacancy occurring before the expira- (B) take such testimony; that was a party to a treaty with the United tion of the term for which the member’s (C) have such printing and binding done; States; or predecessor was appointed shall be appointed (D) enter into such contracts and other ar- only for the remainder of that term. A mem- (iii) was the subject of findings of fact by rangements, subject to the availability of such court which, if made by the Commis- ber may serve after the expiration of that funds; member’s term until a successor has taken sion, would show that the group was incapa- (E) make such expenditures; and ble of establishing one or more of the cri- office. (F) take such other actions, (5)(A) Each member of the Commission not teria set forth in this section. otherwise employed by the United States as the Commission may deem advisable. Any (3)(A) No later than 30 days after the date Government shall receive compensation at a member of the Commission may administer on which all of the members of the Commis- rate equal to the daily equivalent of the an- oaths or affirmations to witnesses appearing sion have been appointed and confirmed by nual rate of basic pay prescribed for level V before the Commission. the Senate, the Secretary shall transfer to of the Executive Schedule under section 5316 (3)(A) The Commission is authorized to se- the Commission all petitions pending before of title 5, United States Code, for each day, cure directly from any officer, department, the Department and not then under active including traveltime, such member is en- agency, establishment, or instrumentality of consideration that request the Secretary, or gaged in the actual performance of duties au- the Federal Government such information as the Federal Government, to recognize or ac- thorized by the Commission. the Commission may require for the purpose knowledge an Indian group as an Indian (B) Except as provided in subparagraph (C), of this Act, and each such officer, depart- tribe, except those groups whose petitions a member of the Commission who is other- ment, agency, establishment, or instrumen- are under active consideration at the time of wise an officer or employee of the United tality is authorized and directed to furnish, the transfer. States Government shall serve on the Com- to the extent permitted by law, such infor- (B) On the date of such transfer, the Sec- mission without additional compensation, mation, suggestions, estimates, and statis- retary and the Department shall cease to but such service shall be without interrup- tics directly to the Commission, upon re- have any authority to recognize or acknowl- tion or loss of civil service status or privi- quest made by the Chairman of the Commis- edge, on behalf of the Federal government, lege. sion. any Indian group as an Indian tribe, except (C) All members of the Commission shall (B) Upon the request of the Chairman of those groups under active consideration be reimbursed for travel and per diem in lieu the Commission, the head of any Federal de- whose petitions have been retained by the of subsistence expenses during the perform- partment, agency, or instrumentality is au- Department pursuant to subparagraph (A) of ance of duties of the Commission while away thorized to make any of the facilities and this paragraph. from home or their regular place of business, services of such department, agency, or in- (C) Petitions transferred to the Commis- in accordance with subchapter I of chapter 57 strumentality available to the Commission sion under subparagraph (A) of this para- of title 5, United States Code. and detail any of the personnel of such de- graph shall, for purposes of this Act, be con- (6) At the time appointments are made partment, agency, or instrumentality to the sidered as having been submitted to the under paragraph (1), the President shall des- Commission, on a nonreimbursable basis, to Commission in the same order as they were ignate one of such appointees as Chairman of assist the Commission in carrying out its du- submitted to the Department. the Commission. ties under this section. (b) PETITION FORM AND CONTENT.—Except (c) MEETINGS AND PROCEDURES.—(1) The (C) The Commission may use the United as provided in subsection (c), any petition Commission shall hold its first meeting no States mails in the same manner and under submitted under subsection (a) by an Indian later than 30 days after the date on which all the same conditions as other departments group shall be in any readable form which members of the Commission have been ap- and agencies of the United States. clearly indicates that it is a petition re- pointed and confirmed by the Senate. (f) FEDERAL ADVISORY COMMITTEE ACT.— questing the Commission to recognize that (2) Two members of the Commission shall The provisions of the Federal Advisory Com- the Indian group is an Indian tribe and which constitute a quorum for the transaction of mittee Act shall not apply to the Commis- contains detailed, specific evidence as to business. sion. each of the following: (3) The Commission may adopt such rules SEC. 5. PETITIONS FOR RECOGNITION. (1) A statement of facts establishing that (consistent with the provisions of this Act) (a) IN GENERAL.—(1) Any Indian group may the petitioner has been identified as an as may be necessary to establish its proce- submit to the Commission a petition re- American Indian entity on a substantially dures and to govern the manner of its oper- questing that the Commission recognize that continuous basis since 1871. Evidence that ations, organization, and personnel. the Indian group is an Indian tribe. the group’s character as an Indian entity has (4) The principal office of the Commission (2) The provisions of this Act do not apply from time to time been denied shall not be shall be in the District of Columbia. to the following groups or entities, which considered to be conclusive evidence that (d) DUTIES.—The Commission shall carry shall not be eligible for recognition under this criterion has not been met. Evidence to out the duties assigned to the Commission this Act— be relied upon in determining a group’s In- by this Act, and shall meet the requirements (A) Indian tribes, organized bands, pueblos, dian identity may include one or a combina- imposed on the Commission by this Act. communities, and Alaska Native entities tion of the following, as well as other evi- (e) POWERS AND AUTHORITIES.—(1) Subject which are recognized by the Secretary as of dence of identification by other than the pe- to such rules and regulations as may be the date of enactment of this Act as eligible titioner itself or its members: adopted by the Commission, the Chairman of to receive services from the Bureau; (A) Identification of the petitioner as an the Commission is authorized to— (B) splinter groups, political factions, com- Indian entity by Federal authorities. (A) appoint, terminate, and fix the com- munities, or groups of any character which (B) Relationships of the petitioner with pensation (without regard to the provisions separate from the main body of an Indian State governments based on identification of of title 5, United States Code, governing ap- tribe that, at the time of such separation, is the petitioner as an Indian entity. pointments in the competitive service, and recognized as being an Indian tribe by the (C) Dealings of the petitioner with a coun- without regard to the provisions of chapter Secretary, unless it can be clearly estab- ty, parish, or other local government in a re- 51 and subchapter III of chapter 53 of such lished that the group, faction, or community lationship based on the Indian identity of title, or of any other provision of law, relat- has functioned throughout history until the the petitioner. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 669 (D) Identification of the petitioner as an in determining that the petitioner meets (E) other records or evidence identifying Indian entity by records in private or public this criterion may include one or a combina- present members or ancestors of present archives, courthouses, churches, or schools. tion of the following: members as being descendants of a historic (E) Identification of the petitioner as an (i) The group is able to mobilize significant tribe or historic tribes that combined and Indian entity by anthropologists, historians, numbers of members and significant re- functioned as a single autonomous political or other scholars. sources from its members for group purposes. entity. (F) Identification of the petitioner as an (ii) Most of the membership considers is- (c) EXCEPTIONS.—A petition from an Indian Indian entity in newspapers, books, or simi- sues acted upon or taken by group leaders or group which can demonstrate by a prepon- lar media. governing bodies to be of personal impor- derance of the evidence that it was, or is the (G) Identification of the petitioner as an tance. successor in interest to, a— Indian entity by other Indian tribes or by na- (iii) There is a widespread knowledge, com- (1) party to a treaty or treaties; tional, regional, or state Indian organiza- munication and involvement in political (2) group acknowledged by any agency of tions. processes by most of the group’s members. the Federal Government as eligible to par- (H) Identification of the petitioner as an (iv) The group meets the criterion in para- ticipate in the Indian Reorganization Act of Indian entity by foreign governments or graph (2) at more than a minimal level. 1934 (25 U.S.C. 461 et seq.); international organizations. (v) There are intragroup conflicts which (3) group for the benefit of which the Unit- (2)(A) A statement of facts establishing show controversy over valued group goals, ed States took into trust land or lands, or that a predominant portion of the member- properties, policies, processes or decisions. which the Federal government has treated as ship of the petitioner comprises a commu- (B) A petitioner shall be considered to have having collective rights in tribal lands or nity distinct from those surrounding it and provided sufficient evidence to demonstrate funds; or has existed as a community from historical the exercise of political influence or author- (4) group has been denominated a tribe by times to the present. Evidence to be relied ity at a given point in time by demonstrat- Act of Congress or Executive Order, upon in determining that the petitioner ing that group leaders or other mechanisms shall be required to establish the criteria set meets this criterion may include one or a exist or existed which: combination of the following: (i) Allocate group resources such as land, forth in this section only from the date of (i) Significant rates of marriage within the residence rights or the like on a consistent that Federal action to the present. group, or, as may be culturally required, pat- basis. SEC. 6. NOTICE OF RECEIPT OF PETITION. terned out-marriages with other Indian pop- (ii) Settle disputes between members or (a) PETITIONER.—Within 30 days after a pe- ulations. subgroups such as clans or moieties by medi- tition is submitted or transferred to the (ii) Significant social relationships con- ation or other means on a regular basis. Commission under section 5(a), the Commis- necting individual members. (iii) Exert strong influence on the behavior sion shall send an acknowledgement of re- (iii) Significant rates of informal social of individual members, such as the establish- ceipt in writing to the petitioner and shall interaction which exist broadly among the ment or maintenance of norms and the en- have published in the Federal Register a no- members of a group. forcement of sanctions to direct or control tice of such receipt, including the name, lo- (iv) A significant degree of shared or coop- behavior. cation, and mailing address of the petitioner erative labor or other economic activity (iv) Organize or influence economic sub- and such other information that will identify among the membership. sistence activities among the members, in- the entity who submitted the petition and (v) Evidence of strong patterns of discrimi- cluding shared or cooperative labor. the date the petition was received by the nation or other social distinctions by non- (C) A group that has met the requirements members. in paragraph (2)(B) at a given point in time Commission. The notice shall also indicate (vi) Shared sacred or secular ritual activ- shall be considered to have provided suffi- where a copy of the petition may be exam- ity encompassing most of the group. cient evidence to meet this criterion at that ined. (vii) Cultural patterns shared among a sig- same point in time. (b) OTHERS.—The Commission shall also nificant portion of the group that are dif- (4) A copy of the petitioner’s present gov- notify, in writing, the Governor and attorney ferent from those of the non-Indian popu- erning document including its membership general of, and each recognized Indian tribe lations with whom it interacts. These pat- criteria. In the absence of a written docu- within, any State in which a petitioner re- terns must function as more than a symbolic ment, the petitioner must provide a state- sides. identification of the group as Indian, and ment describing in full its membership cri- (c) PUBLICATION; OPPORTUNITY FOR SUP- may include, but are not limited to, lan- teria and current governing procedures. PORTING OR OPPOSING SUBMISSIONS.—The guage, kinship or religious organizations, or (5) A list of all current members of the pe- Commission shall publish the notice of re- religious beliefs and practices. titioner including each member’s full name ceipt of the petition in a major newspaper of (viii) The persistence of a named, collec- (and maiden name, if any), date and place of general circulation in the town or city near- tive Indian identity continuously over a pe- birth, and current residential address, as est the location of the petitioner. The notice riod of more than 50 years, notwithstanding well as a copy of each available former list of shall include, in addition to the information changes in name. members based on the petitioner’s own de- described in subsection (a), notice of oppor- (ix) A demonstration of historical political fined criteria, and a statement describing tunity for other parties to submit factual or influence pursuant to the criterion set forth the methods used in preparing those lists. legal arguments in support of or in opposi- in paragraph (3). The membership must consist of individuals tion to, the petition. Such submissions shall (B) A petitioner shall be considered to have who have established descendancy from an be provided to the petitioner upon receipt by provided sufficient evidence of community at Indian group which existed historically or the Commission. The petitioner shall be pro- a given point in time if evidence is provided from historical Indian groups which com- vided an opportunity to respond to such sub- demonstrating any one of the following: bined and functioned as a single autonomous missions prior to a determination on the pe- (i) More than 50 percent of the members re- entity. Evidence of tribal membership re- tition by the Commission. side in a particular geographical area exclu- quired by the Commission includes (but is sively or almost exclusively composed of not limited to)— SEC. 7. PROCESSING THE PETITION. members of the group, and the balance of the (A) descendancy rolls prepared by the Sec- (a) REVIEW.—(1) Upon receipt of a docu- group maintains consistent social inter- retary for the petitioner for purposes of dis- mented petition, the Commission shall con- action with some members of the commu- tributing claims money, providing allot- duct a review to determine whether the peti- nity. ments, or other purposes; tioner is entitled to be recognized as an In- (ii) At least 50 percent of the marriages of (B) State, Federal, or other official records dian tribe. the group are between members of the group. or evidence identifying present members of (2) The review conducted under paragraph (iii) At least 50 percent of the group mem- the petitioner, or ancestors of present mem- (1) shall include consideration of the peti- bers maintain distinct cultural patterns such bers of the petitioner, as being descendants tion, supporting evidence, and the factual as, but not limited to, language, kinship or of a historic tribe or historic tribes that statements contained in the petition. religious organizations, or religious beliefs combined and functioned as a single autono- (3) The Commission may also initiate other or practices. mous political entity; research for any purpose relative to analyz- (iv) There are distinct community social (C) church, school, and other similar en- ing the petition and obtaining additional in- institutions encompassing a substantial por- rollment records identifying present mem- formation about the petitioner’s status and tion of the members, such as kinship organi- bers or ancestors of present members as may consider any evidence which may be zations, formal or informal economic co- being descendants of a historic tribe or his- submitted by other parties. operation, or religious organizations. or toric tribes that combined and functioned as (4) Upon request by the petitioner, the Li- (v) The group has met the criterion in a single autonomous political entity; brary of Congress and the National Archives paragraph (3) using evidence described in (D) affidavits of recognition by tribal el- shall each allow access to the petitioner to paragraph (3)(B). ders, leaders, or the tribal governing body its resources, records, and documents, for (3)(A) A statement of facts establishing identifying present members or ancestors of the purpose of conducting research and pre- that the petitioner has maintained political present members as being descendants of a paring evidence concerning the status of the influence or authority over its members as historic tribe or historic tribes that com- petitioner. an autonomous entity from historical times bined and functioned as a single autonomous (b) CONSIDERATION.—(1) Except as other- until the present. Evidence to be relied upon political entity; and wise provided in this subsection, petitions H 670 CONGRESSIONAL RECORD — HOUSE January 25, 1995 shall be considered on a first come, first SEC. 10. APPEALS. resentatives and to the Committee on Indian served basis, determined by the date of the (a) IN GENERAL.—Within 60 days after the Affairs of the Senate a report on its activi- original filing of the petition with the Com- date the Commission’s decision is published ties, which shall include at a minimum the mission, or the Department if the petition is under section 9(d), the petitioner may appeal following: one transferred to the Commission pursuant the determination to the United States Dis- (1) The number of petitions pending at the to section 5(a). The Commission shall estab- trict Court for the District of Columbia. beginning of the year and the names of the lish a priority register including those peti- (b) ATTORNEY FEES.—If the petitioner pre- petitioners. tions pending before the Department on the vails in the appeal described in subsection (2) The number of petitions received during date of enactment of this Act. (a), it shall be eligible for an award of rea- the year and the names of the petitioners. (2) Petitions that are submitted to the sonable attorney fees and costs under the (3) The number of petitions the Commis- Commission by Indian groups that meet one provisions of section 504 of title 5, United sion approved for acknowledgment and the or more of the requirements set forth in sec- States Code, or section 2412 of title 28 of such names of the acknowledged petitioners. tion 5(c) shall receive priority consideration Code, as the case may be. (4) The number of petitions the Commis- over petitions submitted by any other Indian SEC. 11. EFFECT OF DETERMINATIONS. sion denied for acknowledgement and the group. A determination by the Commission that names of the petitioners. SEC. 8. PRELIMINARY HEARING. an Indian group is recognized by the Federal (5) The status of all pending petitions and (a) IN GENERAL.—Within 60 days after the Government as an Indian tribe shall not the names of the petitioners. receipt of a petition by the Commission, the have the effect of— SEC. 14. ACTIONS BY PETITIONERS FOR EN- Commission shall set a date for a prelimi- (1) depriving or diminishing the right of FORCEMENT. nary hearing. At the preliminary hearing, any other Indian tribe to govern its reserva- Any petitioner may bring an action in the the petitioner and any other concerned party tion as such reservation existed prior to the district court of the United States for the may provide evidence concerning the status recognition of such Indian group, or as the district in which the petitioner resides, or of the petitioner. same may exist thereafter; the United States District Court for the Dis- (b) DETERMINATION.—(1) Within 30 days (2) depriving or diminishing any property trict of Columbia, to enforce the provisions after the conclusion of the preliminary hear- right held in trust or recognized by the Unit- of this Act, including any time limitations ing under subsection (a), the Commission ed States for such other Indian tribe as it ex- within which actions are required to be shall make a determination either— isted prior to the recognition of such Indian taken, or decisions made, under this Act and (A) to extend Federal acknowledgement to group; or the district court shall issue such orders (in- the petitioner; or (3) depriving or diminishing any previously cluding writs of mandamus) as may be nec- (B) that the petitioner proceed to an adju- or independently existing claim by a peti- essary to enforce the provisions of this Act. dicatory hearing. tioner to any such property right held in (2) The Commission shall publish the deter- trust by the United States for such other In- SEC. 15. REGULATIONS. mination in the Federal Register. dian tribe prior to the recognition of such In- The Commission is authorized to prescribe (c) INFORMATION TO BE PROVIDED PRE- dian group. such regulations as may be necessary to PARATORY TO AN ADJUDICATORY HEARING.—(1) SEC. 12. IMPLEMENTATION OF DECISIONS. carry out the provisions and purposes of this If the Commission determines under sub- (a) ELIGIBILITY FOR SERVICES AND BENE- Act. All such regulations must be published section (b) that the petitioner proceed to an FITS.—(1) Subject to paragraph (2), upon rec- in accordance with the provisions of title 5, adjudicatory hearing, the Commission ognition by the Commission that the peti- United States Code. shall— tioner is an Indian tribe, the Indian tribe SEC. 16. GUIDELINES AND ADVICE. (A) make available its appropriate evi- shall be eligible for the services and benefits (a) GUIDELINES.—No later than 90 days dentiary records to the petitioner to assist from the Federal Government that are avail- after the date of enactment of this Act, the the petitioner in preparing for the adjudica- able to other federally recognized Indian Commission shall make available suggested tory hearing, and shall also include such tribes by virtue of their status as Indian guidelines for the format of petitions, in- guidance as the Commission considers nec- tribes with a government-to-government re- cluding general suggestions and guidelines essary or appropriate to assist the petitioner lationship with the United States, as well as on where and how to research required infor- in preparing for the hearing; and having the responsibilities and obligations of mation, but such examples shall not preclude (B) within 30 days after the conclusion of such Indian tribes. Such recognition shall the use of any other format. the preliminary hearing under subsection subject the Indian tribes to the same author- (b) RESEARCH ADVICE.—The Commission, (a), notify the petitioner in writing, which ity of Congress and the United States to upon request, is authorized to provide sug- notice shall include a list of any deficiencies which other federally recognized tribes are gestions and advise to any petitioner for his or omissions on which the Commission relied subject. research into the petitioner’s historical in making its determination. (2) Recognition of the Indian tribe under background and Indian identity. The Com- (2) The list of deficiencies and omissions this Act does not create an immediate enti- mission shall not be responsible for the ac- provided under paragraph (1)(B) shall be the tlement to existing programs of the Bureau. tual research on behalf of the petitioner. subject of the adjudicatory hearing. The Such programs shall become available upon SEC. 17. ASSISTANCE TO PETITIONERS. Commission may not add to this list once it appropriation of funds by law. Requests for is issued. appropriations shall follow a determination (a) GRANTS.—(1) The Secretary of Health and Human Services may award grants to In- SEC. 9. ADJUDICATORY HEARING. under subsection (b) of the needs of the dian groups seeking Federal recognition to (a) IN GENERAL.—Within 180 days after the newly recognized Indian tribe. enable the Indian groups to— conclusion of the preliminary hearing, the (b) NEEDS DETERMINATION.—Within 6 (A) conduct the research necessary to sub- Commission shall afford the petitioner de- months after an Indian tribe is recognized stantiate petitions under this Act; and scribed in section 8(b)(1)(B) an adjudicatory under this Act, the appropriate area offices (B) prepare documentation necessary for hearing. The hearing shall be on the list of of the Bureau and the Indian Health Service the submission of a petition under this Act. deficiencies and omissions provided under shall consult and develop in cooperation (2) The grants made under this subsection section 8(c)(1)(B) and shall be conducted pur- with the Indian tribe, and forward to the re- shall be in addition to any other grants the suant to section 554 of title 5, United States spective Secretary, a determination of the Secretary of Health and Human Services is Code. needs of the Indian tribe and a recommended authorized to provide under any other provi- (b) TESTIMONY FROM STAFF OF COMMIS- budget required to serve the newly recog- sion of law. SION.—The Commission may require testi- nized Indian tribe. The recommended budget (b) COMPETITIVE AWARD.—Grants provided mony from its acknowledgement and re- shall be considered along with recommenda- under subsection (a) shall be awarded com- search staff or other witnesses. Any such tes- tions by the appropriate Secretary in the petitively based on objective criteria pre- timony shall be subject to cross-examination budget-request process. scribed in regulations promulgated by the by the petitioner. SEC. 13. ANNUAL REPORT CONCERNING COMMIS- Secretary of Health and Human Services. (c) EVIDENCE BY PETITIONER.—The peti- SION’S ACTIVITIES. tioner may provide such evidence as the peti- (a) LIST OF RECOGNIZED TRIBES.—Not later SEC. 18. AUTHORIZATION OF APPROPRIATIONS. tioner deems appropriate. than 90 days after the date of the enactment (a) COMMISSION.—There are authorized to (d) DECISION BY COMMISSION.—Within 60 of this Act, and annually on or before every be appropriated for the Commission for the days after the end of the hearing held under January 30 thereafter, the Commission shall purpose of carrying out the provisions of this subsection (a), the Commission shall— publish in the Federal Register a list of all Act (other than section 15 17), $1,500,000 for (1) make a determination as to the exten- Indian tribes which are recognized by the fiscal year 1996 and $1,500,000 for each of the sion or denial of Federal acknowledgment to Federal Government and receiving services 12 succeeding fiscal years. the petitioner; from the Bureau of Indian Affairs. (b) SECRETARY OF HHS.—There are author- (2) publish its determination under para- (b) ANNUAL REPORT.—Beginning one year ized to be appropriated for the Administra- graph (1) in the Federal Register; and after the date of the enactment of this Act, tion for Native Americans of the Department (3) deliver a copy of the determination to and annually thereafter, the Commission of Health and Human Services for the pur- the petitioner, and to every other interested shall submit a report to the Committee on pose of carrying out the provisions of section party. Natural Resources of the House of Rep- 17, $3,000,000 for each fiscal year. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 671 b 2040 vested 4 to 5 percent, and it sees a cor- woman from North Carolina [Mrs. responding productivity increase. CAPITAL BUDGETING AND ITS RE- Clayton] is recognized for 5 minutes. Incidentally, Japan, with half the LATION TO THE BALANCED Mrs. CLAYTON. Mr. Speaker, there population and about 60 percent the BUDGET AMENDMENT is much talk in this House about this size of economy of ours, has productiv- being a family-friendly Congress. What The SPEAKER pro tempore (Mr. ity growth far exceeding. constitutes a family-friendly Congress. GEKAS). Under a previous order of the The next chart, I think, is also im- Is it just that we are given a schedule House, the Gentleman from West Vir- portant. It shows it a little differently. which allows us time to spend with our ginia [Mr. WISE] is recognized for 5 These are all different countries, and it families? This of course is very impor- minutes. shows the percent of gross domestic tant to all of us. But as leaders we have Mr. WISE. Mr. Speaker, tonight what product that they put into their public I would like to discuss is capital budg- infrastructure, and then it also shows the responsibility of also being friendly eting an its relation to the balanced growth of those economies, and once to the families which we represent. In budget amendment of the Constitution, again, you see the United States a flat being friendly to these families, we for one of the amendments that will be line relative to all the other nations, should be able to ensure them that on the floor tomorrow will be the and so you can see the more you invest they will be given the option of meet- amendment that I appreciate the Com- in your infrastructure the more return ing their basic needs—such as clean mittee on Rules making in order, my you get in productivity which means water to drink, fresh air to breathe, amendment, the Wise amendment, that your economy grows, your payrolls and food to eat. During the recent de- says that the budget must be balanced grow, your jobs grow. bates on the unfunded mandates, we by the year 2002. It takes Social Secu- We do not have that system here. have discussed in great detail the clean rity off budget, and it puts in place What I am asking for in this balanced water and fresh air issues. It is now capital budgeting for physical infra- budget amendment is that we recognize time to focus our attention on nutri- structure. A real mouthful. What does investment, that we recognize invest- tion. it mean? It simply means that it per- ment in physical infrastructure, that I believe that we have come to a con- mits that kind of investment that pro- we recognize what all of these other sensus on both sides of the aisle that duces much more economic return than nations do, and that we create an in- our current welfare system needs it costs. It permits investment to be in- centive for investment. major reform. But reform should be di- cluded in any kind of balanced budget People do not want the balanced rected at moving people out of pov- approach. budget amendment simply to cut a def- It recognizes there is a difference be- icit and yet at the same time leave us erty—not into poverty. The President tween the dollar that you spend for in bankruptcy. What they want is a said on last evening, we need a lean but consumption and the dollar you spend balanced budget amendment to bring not mean government. It should not for investment. I call this the family us to truly end our deficit but at the mean cutting nutrition programs budget amendment, because what it same time to do it so that we are a which are essential to the well-being of does is to recognize what the American growing economy. million of our citizens—the disadvan- family does. The American family sits You cannot do it if you are going to taged, our children, our elderly and the down at its kitchen table every month shut off this kind of investment. And disabled. These are the groups of people to balance the checkbook and it writes so what we will do with our balanced who in many instances cannot fend for out checks for the heating bill, the budget amendment is to say Social Se- themselves and need assistance for food bill, the doctor, whatever that curity is off budget, and most impor- their basic existence. They are not ask- consumption, and also those invest- tantly, capital investment will be rec- ing for much—just a little sustenance ments that the family made because it ognized for physical infrastructure, not to help them through the day—to keep was important for the family to be able for other things. It is not a grab bag their children alert in class or help the to grow in the house, the investment you can count your way out of any adults be productive on their jobs. I am for the car, and the investment for the problem, but for physical infrastruc- speaking specifically of the nutrition college education. ture only, highways, roads, bridges, programs which in many cases provide What is the significance of capital airports, water, and sewers, buildings, the only nutritious food many of our budgeting? I have two charts that I those kinds of things. think tell this story well. What we are In the domestic budget, discretionary Nation’s poor receive daily. We are all talking about here is being able to ac- budget, $60 billion roughly goes to cap- aware that poor nutrition breeds poor count for our infrastructure, our roads, ital investment. That is nondefense. If development in children and low pro- our bridges, or highway systems, our you choose to include defense in there ductivity in adults. I am not nec- airports, our water and sewer systems, as well, the battleships and those essarily speaking of the homeless popu- those things that make us grow, to ac- things that protect us, aircraft car- lation—I am speaking of those people count for them in the same way every riers, the fighters and so on and amor- who, although they are working, are State and business does. tize them over the life of the asset, still struggling to make ends meet— What is it important? The first chart, then you are talking about another $60 and cannot afford to feed their fami- I think, bears this out. Studies are now billion, but I think you are talking lies—one-fifth of families receiving showing, and these studies are now about something else as well. food stamps are working families who showing and particularly from Dr. Right now there is a disincentive, have gross incomes below the poverty David Aschaur, that there is a direct strong reasons not to do this kind of level. Aren’t these people suffering correlation between productivity in- investment, because it is not rewarded enough? Can we in good conscience say creases and capital budgeting and in- in our Federal accounting system. to these citizens that feeding your fam- frastructure investments. Under our budget amendment, it is ily is not important to the Members of Because the United States has not rewarded. It is recognized. Is this some- Congress. been investing at the same rate that it thing radical, different? Please check Currently the Food Stamp Program once did in its roads, its bridges, its in- every State. We say we want to model frastructure, its productivity has been this after the States as well as the fam- serves over 27 million people in the essentially a flat line of 1 percent ilies. Please check every State. You United States—over half of them are growth a year since the year 1978. And will find every State has a capital children—51 percent. Seven percent are yet look what has happened to Canada, budget. The United States can do the elderly. The program allows only 75 Italy, France, and Japan who are all same. cents per person per meal—75 cents per investing far more in relation to their f person per meal—when was the last gross domestic product that the United time you were able to buy a 75 cent States. The United States is investing NUTRITION AND THE FAMILY- lunch in the cafeteria? Have you no- somewhere around 1 percent, and it FRIENDLY CONGRESS ticed the price of a McDonald’s happy sees about a 1 percent productivity The SPEAKER pro tempore. Under a meal lately? Not even a happy meal for gain a year. Japan has consistently in- previous order of the House, the gentle- H 672 CONGRESSIONAL RECORD — HOUSE January 25, 1995 the kids. Are we saying that the Fed- IMMIGRANTS AND THE NUTRITION care and adoption assistance upon the eral Government can’t afford to buy a BLOCK GRANT death of her parents. hungry child lunch? The SPEAKER pro tempore (Mr. A 23-year-old woman legally present It is essential that we continue these GEKAS). Under a previous order of the in the United States, forced from her nutritional programs. The School House, the gentleman from California home in flight from an abusive hus- Breakfast Program as we know it [Mr. BECERRA] is recognized for 5 min- band, would be denied job training, today provides a child with one-fourth utes. child care, and other services coordi- of the daily recommended dietary al- Mr. BECERRA. Mr. Speaker, I too nated by a battered women’s shelter. lowance. The School Lunch Program— would like to speak on the issue of wel- A 35-year-old man granted political which serves over 13 million children— fare reform and specifically the legisla- asylum here after fleeing torture in his provides about one-third or more of the tion proffered by the majority party in native land for his religious beliefs would be ineligible to receive canned daily recommended dietary allowance the Contract on America, H.R. 4. I goods from the food bank run by his for children. These nutritional pro- want to rise today to voice my con- local church. grams have standardized dietary allow- cerns with that portion of H.R. 4 which talks about block granting all the nu- A 60-year-old woman who emigrated ance by the Federal Government. If we trition programs that currently exist legally when she was 15 years old and remove the Federal Government’s to provide assistance to our young chil- who has worked in the United States input, it will be up to each State to set dren in this country who are unfortu- all of her life would be rendered ineli- dietary standards for their program. nate enough to be poor. gible for Medicaid to treat her dan- This could mean 50 different sets of H.R. 4 calls for the elimination of all gerous heart condition. standards to feed our Nation’s children. the Federal food assistance programs, These things would occur because Is it fair to expect the States to main- which would include WIC, food stamps, this is where the new majority party tain these nutrition programs and still and school lunches. It would clump all thinks it could find so-called savings. feed hungry children when in fact they of them together in a block grant at In fact, the savings which result from will receive a reduction in Federal as- substantially reduced funding levels. denying benefits to legal immigrants sistance? We will be asking them to do Reduced funding levels will lead to represents less than 3 percent of the 5- more with less. fewer people being served and also will year budget of the affected programs. Over the past several days, I have re- not take into account the increased I strongly support a reappraisal of ceived a great number of letters from need for food assistant program during our welfare system and Government elderly constituents in my congres- economic downturns. spending. However, in this case, it sional district. They ask only one As hard as it may be to believe, this seems that a great number of people thing—please do not eliminate the is not the only disconcerting aspect of would be hurt for an almost insignifi- meal programs which serve the elderly H.R. 4. This bill not only proposes to cant financial gain. population—such as the Meals on limit funds provided for nutrition, it What is the practical application of Wheels Program. also intends to cut off immigrants, H.R. 4’s restriction? How would this legal immigrants from the very start of work in the following scenarios, for ex- b 2050 any program. No service or assistance ample? Looking at school breakfast to legal immigrant children, even and lunch, a brother and sister whose These programs are funded through the though their parents are here at the in- parents have recently become unem- Older Americans Act and are not considered vitation of this country, even though ployed begin their school year. welfare programs. Yet these programs are these parents pay every single same Will the brother, who was born in being considered in the welfare reform pack- tax that American citizens pay and this country, be eligible for a sub- age and to be block grant to States. Great re- even though these parents are obli- sidized lunch while his sister, born in ductions are proposed. gated and do serve in our military in Russia, will be ineligible because she is It is apparent that nutrition is essential for time of war. All responsibilities are not yet a citizen? people to be productive members of their there for the parents of these legal im- Will poor immigrant children be fur- communities. Malnutrition, or undernutrition, migrant children. Yet the services paid ther stigmatized because their family will only promote poor health and productivity for in part by the tax dollars of these cannot afford lunch money for their problemsÐas well as social problems. Let's legal immigrant parents would not be kids? Will they stay out of the lunch- face it, people will do whatever is necessary to there for these children. room altogether because they are em- feed their children. Though they receive less attention, barrassed because they are immi- Again, I agree that the welfare system the immigrant children, in this whole grants? needs reform. But why cut programs that are debate on welfare reform, the provi- Is this constitutional? Based on the working. We can't lay the blame of an unbal- sions of H.R. 4 which deal with immi- Supreme Court decision in Plyler ver- anced budget solely on the cost of these pro- grant eligibility for Federal benefits sus Doe, immigration status is irrele- grams since less than 3 percent of the budget need to have clarity. H.R. 4 would com- vant when the right to education is is targeted for feeding the hungry. And statis- pletely withdraw the safety net from considered. Following World War II, tics indicate that for every dollar spent on nearly all legal immigrants, immi- Congress approved the National School grants, as I said before, who came to Lunch Act as a measure of national se- WIC, between $2 and $4 are saved in health this country with every right to be curity to safeguard the health and care costs. As for the elderly, it is a fact that here because they were told by this well-being of our Nation’s children. a hospital stay for a malnourished senior citi- country that they could come in. I think it becomes clear, Mr. Speak- zen may double in comparison to a well-nour- Sixty programs would be eliminated er, to say it makes no sense to deny ished seniorÐinflating the cost to Medicare an from participation of immigrants and these children the basic benefits, and I additional $2,000 to $10,000 a day. their children. Immigrants would be would hope that we would reevaluate I come from a very rural, very poor district. barred from all of the major Federal H.R. 4. Making cuts in these nutrition programs will programs for job training, human in- Mr. Speaker, further, the Child Nutrition Act certainly be adverse to my district, and to vestment, as well as those that provide of 1966 was enacted ``in recognition of the many of my constituents. nonemergency health care, housing, demonstrated relationship between food and Let's stop picking on our elderlyÐlet's stop nutrition, cash assistance for women, good nutrition in the capacity of children to de- picking on the childrenÐlet's stop picking on children, seniors, and persons with dis- velop and learn.'' Is the health and well-being the poorÐlet's make some cuts, sure, but let's abilities. of our children no longer an issue of national make them to the people who can afford This means, for example, a 6-month- security? Is there some new evidence disprov- themÐnot by taking food out of the mouths of old baby who came here with his moth- ing the relationship between nutrition and children and senior citizens. er would be ineligible for basic vaccina- learning? Is it the intent of H.R. 4 to change The Republican welfare reform really goes tions. our Constitution? too far to deny poor children and senior citi- A 7-year-old legally present in the Looking at the Women Infants and Children zens from a needed healthy meal. United States would be denied foster Program [WIC], which provides coupons for January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 673 food staples such as milk and eggs to very modestly-priced nutritious diet sufficient to health problems such as anemia, headaches poor pregnant women to meet basic nutritional sustain an active, health life. The key compo- and an inability to concentrateÐproblems that needs, we find that through WIC: nents of WIC include food packages tailored make these children fail in school and become Medicaid costs were reduced on average to specific nutrition requirements, nutrition inadequately prepared for the job market. We about $12,000 to $15,000 per infant for every education, health care referrals, and immuni- can't in good conscience be unmoved when very low birthweight baby. zation screening. The Child Nutrition programs children go to bed hungry at night and without On the initial investment, total saving in contain standards that ensure that school these programs, millions of children will go health and education related expenditures meals served to America's children meet cer- hungry because they are not getting enough over the 18 years of life of WIC children tain nutritional requirements. These programs to eat anywhere else. amounted to over $1 billion. serve as an important safety net for low-in- Those who support the block grant claim Setting aside the issue of humanity for a come families, especially working families with that the proposal protects WIC and brings it to moment, are we willing to incur these huge children. full funding. This is not accurate. To the con- debts just because immigrants have become In an effort to cut government spending and trary, the proposal poses serious dangers for unpopular? The WIC Program has proven it- deliver on their elected promise to downsize WIC and the purposes it serves. Specifically self over and over again; why stop the savings the federal government, the Republicans have there is no requirement that block grant funds we know we can accrue? targeted an easy, non-voting populationÐ be spent on WIC nor is there any requirement Are we willing to deny a pregnant woman America's poor and hungry children. Their pro- that WIC even be maintained as a program who is a legal immigrantÐwhose child will be posed block grant would result in a reduction a citizen at birthÐthe benefits of the WIC Pro- of at least 30 billion over the next five years. rather than be dismantled. The proposal actu- gram? Are we willing to all but guarantee the Their proposed block grant would also set a ally contains a provision that creates an incen- birth of a low birthweight citizen? cap on annual appropriations in years to tive for states to reduce or end WIC. WIC links And as for emergency food aid, are we will- come. Anti-hunger programs would be subject food assistance and nutrition education with ing to say that a legal immigrant who is dis- to political whim and could never be adjusted essential maternal and child health services. abled on the job and becomes unemployed for changes in unemployment, poverty, school WIC functions as a magnet, drawing low-in- can't go to a soup kitchen? enrollment or to respond to natural disasters come women and children to health clinics In recent days, there have been reports that like the recent flooding in California. While we where they receive prenatal and pediatric care the Republicans may resolve the matter by al- are experiencing an economic recovery and immunizations, as well as WIC benefits. lowing individual States to decide whether todayÐonly those with a crystal ball can pre- WIC is good for the American people. their noncitizen residents will be barred from dict what will happen tomorrow. Historically, there has been bi-partisan sup- aid. A Republican Member was quoted as Most of the larger anti-hunger programsÐin- port for these programs in both houses be- saying, ``We should not be mandating to the cluding food stamp, school lunch, and school cause those families with our anti-hunger pro- States how they should best decide who they breakfast programs are entitlements. This grams know these programs as cost-effective. consider most deserving and most in need of means the programs provide benefits to any We know that for every dollar spent on WIC, social assistance.'' What do you suppose low-income household or child who applies we save between $2±$4 in health care costs would have happened if there had never been and meets the programs' eligibility conditions. in the future. The General Accounting Office a Brown versus Board of Education Supreme These programs expand during recessions as estimated that in 1990 WIC benefits saved Court decision? Do we now value one person unemployment rises and the number of low-in- $740 million in health and special education in this country more than another? What mes- come people qualifying for food stamps and expenditures. Total savings in health and edu- sage does this send to legal immigrants? Why free school meals grow. This funding structure cation-related expenditures amount to over $1 should they feel less worthy than any other in- has proved crucial to the success of these billion for children through18 years of life who dividual? programs in reducing hunger in the United participated in WIC during early childhood. Why should one baby born to a law-abiding States. The proposed block grant will threaten Our solutions need to be results oriented and mother not get benefits when another baby their success. move the participants out of poverty. It makes will? We cannot begin this debate by stig- These federal nutrition programs serve as good economic sense to invest in programs matizing a whole group of people who cer- an important safety net for low-income families that work so we don't pay more later. tainly do not deserve it. Welfare reform is sup- and children. In Ohio, our food stamp and Some reformers want us to send the prob- posed to be about fixing the system and giving school lunch programs serve almost one mil- lem of hunger to the States and hope the people a chance to succeed. Let's not get lion children. If this block grant passes, Ohio- problem goes away. Well it won't. Block grant- confused and try to balance the budget on the ans and Americans will wind up paying the backs of immigrants. price in higher health care costs, larger social ing these programs does not make the prob- The Senate has said it will not pass legisla- service budgets, and ultimately in adults ill- lem go away, it simply shifts the responsibility tion which would cut off benefits to noncitizen equipped to contribute productively to an to the states, without providing adequate fund- immigrants. I think this is the only option we economy that demands highly skilled and ver- ing. States could be forced to create waiting have before us. I encourage all Members to satile workers. lists for food assistance or cut the amount reject a proposal that has at its base a return Mr. Speaker, children are one of my highest given to each recipient. to segregation; but this time it is segregation priorities. The School Lunch Program provides The block grant funding levels would not where one group of people is stigmatized, dis- school children with one-third or more of their automatically respond to increases in poverty criminated against, and denied access to pro- Recommended Dietary Allowance [RDA] for during recessions, increases in school enroll- grams simply because the peopleÐregardless key nutrients. The School Breakfast Program ment that result in more children needing of how responsible and committed to this provides children with one-fourth or more of school lunches and breakfasts, or increases in country they may beÐwere not born in this their RDA for key nutrients. The Food Stamp the number of low-income children enrolled in country. program increases the nutritional quality of child care institutions and needing meals at Mr. HALL of Ohio. Mr. Speaker, the Repub- diets of the 14 million children that live in these institutions. School enrollment is pro- lican proposal to block grant current Federal households that are poor. Five million children jected to rise in coming years. Child care en- nutrition programs such as WIC, Food stamps, receive meals in the summer when school is rollment also is expected to increase as more and the School Breakfast and Lunch programs not in session. These programs cannot be re- women are moved from welfare to work and is a terrible mistake. The proposed block grant moved without serious negative consequences the entry of mothers into the labor force con- will shift the responsibility to the states without to our childrens' health. tinues. Continuing to invest in programs that providing adequate funding and will hurt Amer- There have been so many studies that link work is a proven way to reduce the welfare ica's most vulnerable, the children and elderly. the detrimental effects of undernutrition on a rolls in the future. Mr. Speaker, everything in government is child's ability to learn. Undernutrition impacts Mr. Speaker, it is time to put aside the poli- not broken. These programs were started in the behavior of children and their school per- tics and start concentrating on people. Let us response to documented problems of malnutri- formance. Undernutrition results in lost knowl- continue the bi-partisan spirit that has helped tion in the United States. These programs edge, brain power and productivity for the na- poor and hungry children over the last thirty have a proven track recordÐthey have im- tion. The longer and more severe the malnutri- years. proved the nutrition and health of low-income tion, the greater the likely loss and the cost to Let us continue the bi-partisan support of people in this country. Food stamp benefits our country. Hungry children are 2 to 3 times programs that work. I challenge my friends on across the country are tied to the cost of a more likely than other children to suffer from the other side of the aisle to weigh the value H 674 CONGRESSIONAL RECORD — HOUSE January 25, 1995 of these programs rather than make quick de- school lunch industryÐand make no mistake The SPEAKER pro tempore. Under a cisions in the name of downsizing federal gov- about it, it is an industryÐfrom the farmer who previous order of the House, the gentle- ernment. It is time to end childhood hunger, produces the milk and other foods, to the woman from Georgia [Ms. MCKINNEY] is not successful nutrition programs that feed former welfare mother who finally landed a job recognized for 5 minutes. hungry children. in the cafeteria, and all of the processing, [Ms. MCKINNEY addressed the Mr. MARTINEZ. Mr. Speaker, I rise today in packaging and delivery workers in between House. Her remarks will appear here- support of the elderly and the millions of will find themselves unemployed. after in the Extensions of Remarks.] Americans, most of them children, who rely on According to the Agriculture Department a the various nutrition programs funded by the loss of as many as 138,000 jobs. f local, State and Federal Governments. At the other end of the spectrum we have The SPEAKER pro tempore. Under a Our friends on the other side of the aisle the nutrition programs for senior citizens fund- previous order of the House, the gen- would have us believe that these nutrition pro- ed in part by HHS and the Agriculture Depart- tleman from Michigan [Mr. KILDEE] is grams are welfare and should be included in ment. recognized for 5 minutes. welfare reform. The Federal contribution to senior citizen Further, they indicate that these programs [Mr. KILDEE addressed the House. nutrition programs, along with significant fund- are overlapping, and that there is no need for His remarks will appear hereafter in ing by States, localities and private individuals several separate programs at the Federal the Extensions of Remarks.] and organizations, provide nutrition to senior level. f So they propose that these programs all be citizens in two ways. consolidated into a block grant to the States. Where a senior citizen is homebound, either The SPEAKER pro tempore. Under a Then they take the next stepÐthey would because of physical frailty, remoteness of the previous order of the House, the gen- remove all nutrition guidelines currently in the residence, or other cause, and regardless of tleman from Arizona [Mr. PASTOR] is programs, leaving it to the wisdom of State the economic status of that individual, the na- recognized for 5 minutes. administrators to develop their own guidelines. tions aging services network can and does [Mr. PASTOR addressed the House. That proposal is wrong-headed from the provide home delivered meals. His remarks will appear hereafter in start. In some localities, this means a volunteer the Extensions of Remarks.] Federal nutrition programs, such as the comes to the home every day and prepares School Lunch Program, were not created be- the meal, or delivers one that the homebound f cause of the welfare state. senior can reheat. At the end of World War II, as America In others, meals are delivered once a week, PROPOSED $40 BILLION UNITED looked back on its 5-year effort to rid the world and the senior or a caregiver prepares the STATES LOAN GUARANTEE TO of Nazi tyranny and Japanese aggression in meal on a daily basis. MEXICO the Pacific, a Republican Congress considered If the senior citizen can get out of the The SPEAKER pro tempore. Under a this country's state of readiness to field mas- house, he or she may visit a senior citizen previous order of the House, the gen- sive armies to deal with future aggressors. centerÐeither one sponsored by the local tleman from New Jersey [Mr. Review of military physical records dis- area agency on aging or a private groupÐa MENENDEZ] is recognized for 5 minutes. closed an alarming factÐmany of the Nation's church or synagogue, or a senior citizens' as- Mr. MENENDEZ. Mr. Speaker, on young potential recruits were barely able to sociationÐand join fellow seniors for lunch, November 18, 1993, I cast my vote pass selective service physicalsÐbecause of and sometimes for dinner. against the NAFTA, not because I op- the effects of poor nutrition during their matur- Where federal funds are used in these pro- pose free trade; not because I oppose ing years. grams, no specific charge is made for the It was because of the necessity to ensure the economic integration of the West- meals, although most senior centers solicit ern Hemisphere; and not because of the that future calls to arms would find healthy contributions. young people available to serve the Nation in incomplete, albeit substantial, move- Seniors of all economic classes are very ment toward political and economic re- time of war that the Congress developed the willing to eat these meals, and 225 million form in recent years in Mexico. No—I National School Lunch Program. meals were served in 15,000 community nutri- cast my vote against the NAFTA be- The program provided assistance to the Na- tion sites all over the United States. cause I believed that Mexico as an tion's local elementary and secondary edu- In my discussions with senior citizen groups economy was not prepared to enter an cational schools with one purpose in mindÐto who operate congregate meal programs, I ensure that the children attending those argument of this magnitude with the have often been told that it is in our Nation's schools received at least one fully nutritious poorest neighborhoods that elderly participants United States. meal every school day, and, in cases where contribute the most money in voluntary collec- I believed then as I believe now, that the child could not afford to pay for the meal, tion boxes. a more gradual approach toward eco- he or she received it at reduced or no cost. nomic integration, such as that adopt- So this was not created as a welfare pro- Why is this program so important. Because, again as studies over the past few decades ed by the then-European Community gram, and it is not a welfare program nowÐ toward nations seeking membership, is it is a program that enables the Nation to be have consistently shown, good nutrition among our aging population translates into wiser. These nations were required to more sure that its children will grow up meet high economic and political healthy. significant savings in out health care system. These meals provide highly directed nutri- standards before enjoying European What are the direct economic costs of elimi- Community benefits. nating that programÐlet me list a few: tion, and a strong sense of social integration The hard-working families of the 13th Our already out of control medical costs will to a population that benefits immediately from District of New Jersey, which I rep- increase as people age with a history of poor those meals. resent, do not join exclusive clubs nutrition as children. A healthy senior, who does not feel isolated Studies confirm something we have known from society and his or her peers, is active, which they cannot afford. They do not for over 50 yearsÐpoor nutrition as a child productive and far less likely to need very ex- buy expensive homes if they can’t af- leads to increased illnesses as an adult. pensive medical care or hospitalization. ford the down payment. They do their Our economy suffers from increased em- Studies have shown that for every dollar sweating at work—not in fancy health ployee absences, lower production at the spent on senior nutrition programs, a direct spas. These middle class families know workplace, and increased direct medical costs. savings of three dollars in health care costs their limits. It this Congress removes the school lunch results. We should have anticipated the possi- program direct funding, many school districts So, if you want to save Federal dollars, and bility of a peso devaluation. We should will find it impossible to sustain school cafe- we all do, make sure you know where the have regarded Mexico like the develop- terias, and will terminate hot school lunch pro- costs are. ing economy that it was—not as the grams, leading to poorer nutrition for all stu- Protect the elderly who are responsible for developed economy we portrayed. dentsÐand I mean all studentsÐwhether rich the greatness of our Nation, protect the chil- Many supporters of NAFTA told me or poor. dren who are our future. that if I were to vote for NAFTA, I Focused school lunch programs are also Reject the Republican's misguided effort to would be doing the right and respon- good for the economy because the national destroy America's nutrition. sible thing. Now they claim that the January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 675 right and responsible thing is to bail Cuban dictatorship of Fidel Castro, able national problems are of sufficient impor- out Mexico. who has recently benefited from gener- tance to merit special Federal programs. The value of the Mexican currency, ous Mexican investments, debt forgive- For these and other reasons, I ask my col- the peso, fell a dangerous 40 percent in ness, and debt-for-equity swaps. No leagues to oppose this movement to combine just three weeks. In one week alone, Mexican foreign assistance, nor any in- nutrition programs into a block grant. American investors withdrew $12 bil- vestments sustained by United States f lion dollars from Mexico. But—that’s credit lines, should go to Cuba’s op- the free market at work. pressors—neither from the Mexican SPECIAL ORDERS Our middle class stands to be a big Government nor any of its banks or The SPEAKER pro tempore. Under loser in this deal. Of the billions of dol- state-related companies. Not one red the Speaker’s announced policy of Jan- lars pumped into Mexico in the wake of cent. uary 4, 1995, the gentleman from New NAFTA, many were invested by U.S. This crisis is about speculation. It is York [Mr. FORBES] is recognized for 60 speculators who sent to Mexico the about the speculative environment cre- minutes as the designee of the major- hard-earned dollars of middle class ated by those who supported NAFTA ity leader. families in the form of mutual or pen- without the appropriate safeguards. f sion fund investments. That speculative environment has led With the passage of NAFTA, we cre- to the loss of billions of United States WHY I SUPPORT THE BALANCED ated a speculative environment in dollars invested by hard-working BUDGET AMENDMENT which middle class investors, the mom American families who put their sav- Mr. FORBES. Mr. Speaker and Mem- and pop investors so vital to Wall ings in mutual funds and pension funds bers of the House, I rise today in sup- Street brokers, were led to believe that investing in Mexico. It is time to bring port of the Contract With America’s investing some of their hard-earned life a reality check to the risks of the version of the balanced budget amend- savings on emerging Mexico was a safe emerging markets and to the joys of ment that requires a three-fifths vote bet. But billions of dollars later, we the good old U.S. Treasury and blue of this body in order to raise taxes. It know it’s not. chip stocks. is the most responsible proposal on the Now the United States proposes to f act as a lender of last resort to salvage table for bringing down our national the Mexican economy. But will this b 2100 debt and applying discipline against bailout really help? Even the most ar- this Nation’s outrageous spending pro- NUTRITION PROVISIONS IN THE grams. dent NAFTA supporters have their PERSONAL RESPONSIBILITY ACT doubts. Listen to avid NAFTA backer, I support the tax limitation amend- Wesley Smith of the Heritage Founda- The SPEAKER pro tempore (Mr. ment because I agree with President tion: ‘‘This takes real pressure off the GEKAS). Under a previous order of the Reagan who so often reminded us that Mexican Government to make sub- House, the gentleman from Missouri the problem is not that the govern- stantive changes.’’ James K. Glassman [Mr. CLAY] is recognized for 5 minutes. ment spends too little. It is that the of the Washington Post agrees that the Mr. CLAY. Mr. Speaker, I rise to oppose the American people are taxed too much. loan guarantees may provide a dis- provisions in the Personal Responsibility Act The budget must be balanced, and it incentive for reforms in Mexico. Like which contains a food assistance block grant. must be balanced by cutting spending, parents who are too lenient with a re- The child nutrition provisions in the Personal not by raising taxes. bellious adolescent, we may be encour- Responsibility Act will completely eliminate the On election day, Mr. Speaker, the aging misbehavior in the future. We National School Lunch Program as it has ex- people in my area on Long Island and may be helping the speculators who isted since 1946. The Personal Responsibility the rest of the country spoke loud and poured money into Mexico, but harm- Act would combine a set of Federal food as- clearly. They sent me and my new col- ing the prospects there for economic sistance programsÐincluding food stamps, leagues in the freshman class—in fact and political reform. I have serious school lunch, school breakfast, the WIC Pro- they sent all of us here to Washington doubts as to whether the Administra- gram, elderly nutrition, and the Emergency with a very specific mission, to end tion’s proposals will win my support. Food Assistance Program [TEFAP] into a sin- business as usual. No more raising If the United States is going to be gle block grant to States, with a reduction in taxes, no more reckless spending, no generous as a lender of last resort, then overall funding for the programs. The House more of the arrogance and the double it is appropriate that we ask Mexico to Republican Conference has estimated that the standards that have plagued this dis- be a first-rate client. The administra- 4-year reduction in funding as compared with tinguished body and that have pun- tion must insist on assurances that current law would be $11 billion. Probably a ished this country for the past half would make the loan guarantee effec- more accurate reduction is $17.5 billion as century. My neighbors on eastern Long tive: projected by the center on budget and policy Island want Members of Congress, and The money that the United States priorities. in fact all of Washington, to start act- guarantees must only be used for what There are many reasons why I oppose the ing like so many families have to act, it is intended: to pay the debts on block grant method for the distribution of with responsibility for our actions and short-term Mexican bonds. funds: a good dose of common sense in our de- If we are going to bail out specu- Historically, when Federal funds have been cisions. But the people’s call for re- lators, then we should protect middle left to the discretion of a few, they have not sponsibility was not an angry and class Americans by reporting to the been distributed to the most impoverished or hysterical demand for change of any American people through this legisla- the ones in need the most. Giving States carte sort. On the contrary, Mr. Speaker, it tion the losses they incurred through blanche authority does not guarantee that was a very specific endorsement of a mutual or pension funds invested in Federal funds will be used to address the na- very particular set of policies. Mexico. tional needs that Congress has identified. The Contract With America is a The billions in oil revenues that Mex- By definition, block grant programs do not study in middle class values, and ideas ico earns annually must be used as col- require that specified programs are provided and goals that can bring our govern- lateral should the Mexican Govern- for specifically targeted populations. Reporting ment, once and for all, under control ment default. and evaluation requirements for most block and restore fiscal integrity across this The Mexican Government should ac- grants are so limited that information about Nation, and the notions contained in celerate and broaden its privatization program participation levels, implementation the Contract With America, to the cha- program. and effectiveness is not sufficient to provide grin of many of my Democratic col- The Mexican Government should con- guidance for continued funding of the pro- leagues, have been embraced by the tinue the political, economic, and so- grams. people whom we have the privilege and cial reforms that it requires if it is to Even though education is administered the obligation to serve, and key to our achieve long-term stability. through 50 States and over 15,000 local edu- contract with the people is a tax limi- And by the way, none of this money cational agencies [LEA's], and conditions do tation balanced budget amendment, a should be used to prop up the 36 year differ among States and LEA's, certain identifi- call to live within our means, a demand H 676 CONGRESSIONAL RECORD — HOUSE January 25, 1995 to keep our books in order. It is a rea- was called Gramm-Rudman-Mack. And guarantee that tax hikes will not be sonable, common sense request that it was a good effort to slow the growth the solution to a problem that origi- simply requires that we will not spend in Federal spending, and it followed nates on the spending side of the Fed- more money than we have. years and years and years of promises eral budget. But after listening to so much of the to rein in Federal spending and get to- To quote Milton Friedman in a re- discourse today, and as we will listen ward a balanced budget. And Gramm- cent Wall Street Journal editorial, it tomorrow, I am shocked that so many Rudman worked for a few years, until cannot be emphasized too much that people in this body still do not quite it was gutted in the 1990 budget deal. the real burden on the economy is what get it. Some people think that it is OK Likewise, the Kasich-Penny budget government spends or mandates others for Congress to go on spending more cuts were a courageous proposal to re- to spend, rather than how much it re- money than we take in and to spend duce spending, but they too were re- ceives in taxes. money faster than it is printed while jected because the choices were just And he is right. Raising taxes can too many middle class families, who we too tough for a body that lacks the dis- only lead to an increased debt. If we are supposed to champion, are at home cipline and the political courage to are serious about wanting a balanced struggling to try to meet basic needs, make them work. budget, if we are serious about wanting while parents at home in my area in A balanced budget amendment to the to live responsibly and within our Medford, and Speonk, and Montauk, Constitution that includes real tax means, then we must be serious about and Smithtown, are working some- limitation is the only way of imposing opposing any and all tax increases. And times two, and three, and even four discipline upon Congress that it needs the only balanced budget amendment jobs to meet their monthly obligations, to get the job done. Too much time has that guarantees that is the Barton bal- to try to put money aside to send their been spent hoping and talking and anced budget amendment. That is the children to college. This body has rou- breaking promises and waiving the original balanced budget amendment tinely voted to mortgage their chil- rules. And all that time the debt has in the Contract With America. dren’s future with reckless spending continued to soar. The Barton amendment imposes a programs that have left us with a $4.7 The reason I think it has been so dif- discipline that this House lacks and trillion debt. ficult for measures like Gramm-Rud- that this House has proven time and Now let us be absolutely clear about man and Kasich-Penny to succeed is again it is willing to waive. The eco- what this means. Congress has spent because it is difficult to cut spending, nomic facts back up the Barton amend- $4.7 trillion and never had the money and it is difficult to say no to powerful ment’s central theory that too much to back it up. That is a pretty bad lobbyists and concentrated special in- spending is the cause of the deficit, not credit rating in my book, and in the terests that permeate this town. But insufficient revenues. book of most of America’s families, ultimately, cutting spending is the Since the 1960’s, Federal spending as and in the credit book of most of Amer- only responsible way to balance the a percentage of Gross Domestic Prod- ica’s businesses. Decency, responsibil- budget. uct has increased by 5 percent, from ity and basic fairness all demand that Let me be perfectly clear: We cannot, less than 18 percent in the sixties, to we balance the budget and that we do we must not, force the people of this more than 23 percent in 1995. But at the it without raising taxes, but so does country to pay higher taxes, because same time that the rate of government the law of economics. A higher deficit we do not have the political will to spending has increased so dramati- is proof positive of fiscal irresponsibil- make the tough choices. And time and cally, the Government’s revenue from ity. time again we have examples that this taxes has actually stayed fairly steady, b 2110 body has lacked that political will. between 18 and 19 percent. Essentially, Simply put, the budget should not be while the rate of government spending It leads to higher long-term interest balanced on the backs of the taxpayers, has increased, the percentage of that rates, that in turn decrease investment and that is why I am a strong sup- spending that the Government pays and economic expansion. The effect on porter of the Barton balanced budget with tax revenues has stayed the same. our country’s small business commu- tax limitation amendment. The Barton The difference in those two figures is nity is devastating. amendment’s 60 percent supermajority our deficit. These numbers prove that Let me quote from a letter that is is the strongest defense we have the real cause of the deficit is too circulating here from the U.S. Chamber against the easy route of punishing the much spending, not too few tax dollars. of Commerce, the largest representa- taxpayers for this body’s spending ex- And the Barton amendment is the per- tive of our Nation’s small businesses. cesses. It forces Washington to cut fect antidote to this problem. It safe- The Chamber of Commerce writes to spending, to get rid of waste, and to do guards the hard earned dollars of each Member of this House, it all without raising taxes. Not only is America’s families from the greedy Perhaps more than any other sector of the raising taxes in order to balance the hand of a bureaucratic government. It American economy, small businesses have budget an unfair and irresponsible way makes sure that the taxpayers do not felt the effects of Federal fiscal mismanage- to go, it just does not work as well. have to subsidize the spending habits of ment and inefficiencies. Large and growing Federal deficits reduce savings and invest- The 1990 budget agreement promised the tax spenders. ment, stymie income and job growth, and re- to reduce the deficit by $500 billion The Barton balanced budget amend- duce our overall standard of living. They ul- over five years simply by raising taxes. ment will work. Four of the last five timately lead to increased taxes, higher in- But now, 5 years later and after lots of major tax increases that this House un- terest rates, and reduced global competitive- pain, our so-called reward for paying fortunately passed did not receive a 60 ness. higher taxes has not been a lower defi- percent supermajority in the House. If The bottom line is obvious. We must cit, has not been a reduced debt. As a we had had the Barton amendment in balance the budget, and we must do it matter of fact, precisely the opposite place just 2 years ago, President Clin- without raising taxes, and we must effect has occurred. Since the 1990 ton could never have passed the largest start today. budget agreement, the debt has grown tax increase in this Nation’s history. We owe it to the American people to by more than $800 billion. And the les- Opponents of tax limitation say that start behaving like grownups. But just son is simple: More taxes lead to more it goes too far, that it shouldn’t be any deciding to balance the budget is one spending and a higher public debt. more difficult to raise taxes than it is thing. Actually doing it is quite an- More taxes do not balance the budget. to do anything else in this body. To other, as we are finding out, and it is a They simply rob the American people them I respond that holding the line on much more difficult task. But time of their hard-earned dollars. taxes is one of the most important ob- after time, this House has attempted to The solution to this crazy cycle of ligations of this Congress, this new and rein in spending and pare down the def- taxing and spending is the solid tax dynamic 104th Congress. We must do icit. limitation proposed by the Barton everything that we possibly can to Some of us will remember that 10 amendment. By requiring 60 percent of guarantee that the incessant urge of years ago here in Washington, an inno- the Congress to approve a tax increase this body to tax is calmed. Tax limita- vative creation came to the floor, it rather than a simple majority, we tion is not radical, it is necessary. It is January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 677 right, and it is a proper antidote to the ment, I think there is a tremendous op- Mr. BARTON of Texas. 1978. The perennial Congressional sickness of portunity to put a halt to the spiraling exact answer is 1977. I see that the taxing and spending. The American spending spree that this nation has Speaker has arisen. people have spoken. More than 80 per- been on at the Federal level the last 30 The SPEAKER pro tempore. (Mr. cent of the hard working men and to 40 years. GEKAS). Only to remind the Members women of this great country have bal- I would like to ask the gentleman that the gentleman from New York anced their own budgets, and they ex- from New York and perhaps some of controls the time, so that the yielding pect us to do the same. It is now our our other colleagues that are here to has to conform to that pattern. obligation to act. help me in a little exercise, question Mr. BARTON of Texas. I respect the I am proud to stand with my col- and answer. Speaker’s ruling. I apologize. I knew league from Texas and my friends from I would first ask the gentleman if he better than to violate the rules of the across this great Nation who have the knew the last time we actually had a House. courage to cut spending and balance federal budget that spending went Would the gentleman from New York the budget without punishing the al- down from the previous year? Would yield and give me an opportunity to ready overburdened American tax- the gentleman from New York happen ask a question to the gentleman? payer. I urge full consideration of the to know when that might have been? Mr. FORBES. I am glad to yield to balanced budget amendment with the Mr. FORBES. I believe it may have my friend from Texas. tax limitation included. Mr. BARTON of Texas. I appreciate I yield to the gentlewoman from been as far back as the Truman admin- istration; is that correct? the gentleman from New York yield- California [Mrs. SEASTRAND]. Mr. BARTON of Texas. Well, it was ing. b 2120 not quite that far back, but in 1964, we As I pointed out, it took us 9 years to go from $100 billion to $200 billion. It Mrs. SEASTRAND. Mr. Speaker, my spent at the Federal level $118.5 billion. took four years to go from 200 billion constituents elected me to do a job, to To put that into perspective, last year to 300 billion. It took three years to go pass the agenda I campaigned on and to we spent over $200 billion just to pay from 300 billion to 400 billion. And we disagree with legislation that is not interest on the national debt. But in first broached the 400 billion barrier in good for my district. The tax limita- 1964, the entire Federal budget was 1977. tion balanced budget amendment is not $118.5 billion. When would the gentleman from New only good for my district, it is good for In 1965, while I was a senior at West York hazard a guess as to when we first my State of California and it is good Junior High School in Waco, TX, play- spent a half a trillion dollars or $500 for America and it is good for our fu- ing on the football team and going on billion? What fiscal year would that ture. my first date and watching the Un- be? We have the chance to fundamentally touchables on television, things like Mr. FORBES. Fiscal year 1979. change the way Washington operates. this, the Federal Government actually Mr. BARTON of Texas. Would the Nothing will change Congress more spent less money than the year before, gentleman yield for me to answer the than to force basic budgetary discipline $118.2 billion. So we went down $300 question? on Washington. million that year. That is the last year I want to point out a little-noticed Mr. FORBES. Yes, I yield to my col- that federal spending has decreased league. fact about the three-fifths balanced from the previous year. budget amendment. What this amend- Mr. BARTON of Texas. I thank the In each year since then, 1966, 1967, gentleman for yielding. The actual ment does is to let the people speak. 1968, all the way down to the current No one seems to talk about the fact year was 1979. I would think the gen- date, Federal spending has increased. tleman may have looked at my notes. that after Congress passes this amend- Would the gentleman from New York ment, 38 of our 50 states must approve Mr. FORBES. These figures are get- care to hazard a guess as to the first ting bleaker. Is there any frame of ref- it. We should let the people speak. year the Federal Government spent Since 49 States already operate under a erence that there is a local government more than $200 billion? that perhaps has gone 30 years or a balanced budget requirement, the Mr. FORBES. I may yield to one of American people know this balanced school district that has gone 30 years my colleagues. I did not do well on the budget requirement will work. without balancing its budget or a State last question. If in our personal lives we are re- government that consistently has gone Mr. BARTON of Texas. We have the quired to balance our budgets, if in our that length of time without balancing distinguished gentleman from South business worlds we are required to bal- their budgets? Carolina, from Arizona, the distin- ance the books, and if States are re- Mr. BARTON of Texas. Mr. Speaker, quired to balance their budget, there is guished gentlewoman from Idaho, from if the gentleman will continue to yield, no reasons why we cannot have a bal- Pennsylvania, would any of these Mem- to my knowledge and myself and my anced budget in Washington, DC. bers care to hazard as to when was the staff and the Congressional Research Because the Barton amendment re- first year the Federal Government Service and the Heritage Foundation quires a three-fifths supermajority to spent $200 billion? and the Citizens for a Sound Economy raise taxes, our budget would be bal- The distinguished gentleman from and many other conservative think anced from cutting spending, not from South Carolina says 1968. That is the tanks have researched this question. raising taxes on hard-working Amer- year I was a senior at Waco High We can find no record of any other ican families. School in Waco, TX. The actual year State or local entity that has gone I just ask that we support the Barton was 1971. So it took us from 1964, when that many consecutive years without amendment, the tax limitation bal- we first—1962, when we first broke the at least once balancing their budget. anced budget amendment. $100 billion spending barrier, to 1971, 9 Mr. FORBES. And yet what we are I thank the gentleman for yielding to years, and then we spent $200 billion. establishing here is that the Federal me. When do you think we spent for the Government in the greatest Nation on Mr. FORBES. Mr. Speaker, I yield to first time $300 billion. What year? this earth has failed to balance its the distinguished gentleman from Mr. FORBES. 1975. budget for over 30 years? Texas, [Mr. BARTON]. Mr. BARTON of Texas. 1975 is cor- Mr. BARTON of Texas. Has not bal- Mr. BARTON of Texas. I thank the rect. anced the budget, the Federal Govern- distinguished gentleman. I want to Mr. FORBES. Thank you. ment has not balanced its budget since thank him for taking this special order Mr. BARTON of Texas. 1975 we spent 1969, as the gentleman pointed out in this evening on the eve of the most his- $332 billion, for the first time spent his remarks. toric day, in my opinion, in the history over $300 billion. The point that I am trying to make of the U.S. Congress. When do you think we spent $400 bil- by this question and answer session is Tomorrow, when we vote on the tax lion for the first time? that in every year since 1965, Federal limitation balanced budget amend- Mr. FORBES. Well, let us try 1978. spending has gone up, so that in the H 678 CONGRESSIONAL RECORD — HOUSE January 25, 1995 year that we are in now, Federal spend- fighting this fight so long If we started paying $1 million a day, ing is expected to be $1.531 trillion. shorthandedly. day one, year one, and paid $1 million That is a 1,300-fold increase in Federal Mr. FORBES. I thank the gentleman. a day from that time until today, we spending in the last 29 years. In no year Mrs. CHENOWETH. Mr. Speaker, will would still have to pay $1 million a day has Federal spending decreased. It has the gentleman from New York yield, seven days a week for 700 more years gone up. please? into the future to reach just $1 trillion. In the decade of the 1990’s, from fiscal Mr. FORBES. I am glad to yield to Today we very easily talk about our year 1990 through the fiscal year that the distinguished gentlewoman from debt being $4.7 trillion. That is the leg- we are now currently in, fiscal year Idaho. acy that we are leaving to our children 1995, Federal spending has increased an Mrs. CHENOWETH. Mr. Speaker, as I and grandchildren. average of $65 billion, an average of $65 sat here and listened to the debate this I would say to the gentleman from billion. That is an annual rate of over evening, I found that our good col- New York, and certainly, Mr. Speaker, 6 percent in an era when the inflation leagues from the other side of the aisle the only chain that we can put on the rate has gone up less than 3 percent per just simply don’t understand some of government at this point in time is the year. the basic economic dynamics that have Barton amendment. I am very proud to So what does this all mean? It come into play over the last 30 years, support the Barton amendment. means, quite simply, that lack of reve- and that is the reason that the call and Mr. FORBES. Mr. Speaker, I would nue is not the problem in Washington, the mounting movement for the sup- ask the gentlewoman, as we sit here in DC. The problem is that spending is port of the Barton amendment is now the bastion of Federal spending, Wash- out of control, increasing at a rate of in place. ington, DC, would the gentlewoman over $60 billion a year in the decade of I heard the distinguished gentleman care to venture, based on her conversa- the 1990’s, and annual deficits in the from North Carolina say that borrow- tions with the folks back home, about $100 to $200 billion range. So we need to ing is the American way. Everybody what their feelings are about putting a do something about it, and we need to borrows. We borrow money to buy a tax limitation on the balanced budget pass a balanced budget amendment. We house, we borrow money to buy a car, amendment? need to pass a tax limitation balanced we borrow here and we borrow there, so Mrs. CHENOWETH. If the gentleman budget amendment, because tax limita- why shouldn’t the Federal Government will continue to yield, I am receiving tion keeps spending under control and borrow? hundreds of calls from my State of forces the legislative body that is ac- I just borrowed money to buy a car, Idaho in support of the Barton amend- countable to cut spending, not to just and I engaged in a mutual contract ment. The President of the United spend more money and raise taxes. where there were mutual benefits of States referred last night in his speech the bargain. I received a car, and I bor- to the fact that there was a shout in b 2130 rowed money while they, the lender, 1992 that went across the Nation, there Mr. Speaker, if the gentleman would made money from my borrowing, but it was a shout that went across the Na- look at the charts to his left, he can was by mutual consent. tion in 1994, but he said America isn’t see that in the period between 1980 and What my distinguished colleagues singing. 1990, in the nine States that had tax misunderstand about the basic dynam- But I will say to the gentleman from limitation provisions in their Constitu- ics of borrowing is the fact that this New York that America will be singing tion or their statutes, that taxes went body, through the public trust, has when we pass the Barton amendment, up in those States a total of 87 percent been entrusted with the ability to tax. because only with the Barton amend- cumulatively in a 10-year period, but in That is not lending from the American ment will we then begin to see the sta- States that didn’t, taxes went up 104 people, that is taking money by gov- bility in our tax structure and in our percent. That is a difference of 17 per- ernment fiat. government programs that will free cent. Today the American taxpayer has to small business and large business; will The States that had tax limitation, spend from January 1 to May 20 just to we be able to give individuals and busi- spending also went up, but it went up pay his responsibilities to us because of nesses the ability to anticipate what less than in States that didn’t have it, the power that we have. It is not bor- they will be able to do with their fu- 95 percent over the 10-year period ver- rowing. That is a complete misunder- ture and their capital. sus 102 percent. That is a difference of standing. Mr. FORBES. Mr. Speaker, as I ven- 7 percent. In fact, today our research shows us ture around eastern Long Island, where That is statistical verification that that the American people really feel I am from, and talk to small business tax limitation does work. it limits that the Federal Government is a bad men and women and average families taxes, obviously, and more impor- investment, that we are using their on my weekend visits home, they tell tantly, it limits spending, and in Wash- money as if we were administering a me increasingly that they do not un- ington, DC, that is our problem, limit- bad charity, where we were taking derstand a Washington that feels this ing spending. most of the money for administration, compulsion to continue to spend, and Therefore, tomorrow when we vote and that is quite true. The services does not think about looking in the on the tax limitation balanced budget that have been referred to in this body checkbook to see if there is really any amendment, it is very important that just over the last few minutes sound money there. we get an affirmative vote, because very good, but the fact is that most of I think that they would tell us this that is what is the solution to the prob- the services are rendered when 80 cents evening that if the Federal Govern- lem. It is not simply saying ‘‘balance out of every dollar is taken for admin- ment started acting like they do and the budget,’’ and directly or indirectly istration. That is not a good bargain, only spent the kind of money that was putting the emphasis on raising more that is not a good contract. coming in, as opposed to mortgaging us revenue. We don’t need more revenue, Mr. Speaker, it was Thomas Jeffer- well into three and four generations we need the fiscal discipline to cut son who said so well that it’s time that out, that they would have more respect spending, and the tax limitation we chain the government and free the for their Federal government and the amendment gives that discipline. people, and that is what the Barton ways of Washington. Mr. Speaker, we do have a number of amendment will do. Really, a balanced It just causes me to pause here for a other distinguished Members here, and budget amendment has no substance moment to wonder why we don’t have we certainly need them to have time to unless the Barton amendment becomes multitudes rushing to get on board this speak. I have spoken too long. a reality. tax limitation balanced budget amend- Mr. Speaker, I simply want to say I Today this Nation is facing a $4.7 ment and to get it passed as soon as thank the gentleman from New York trillion debt, and we talk in round, possible. Of course, that is what we are for his special order, and I say God pear-shaped tones about $1 trillion here working tonight to encourage. bless you and the other freshmen in the and $1 trillion there, and $100 billion Mrs. CHENOWETH. If the gentleman 104th Congress for coming to the rescue here and $100 billion there, but we must will continue to yield, I believe we are of us senior citizens who have been never forget how big $1 trillion is. seeing this growing dynamic, Mr. January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 679 Speaker, outside these halls. The only local governments have to live on a People do not want to see wasteful thing is that is is incumbent upon us budget, a balanced budget. They can- spending. When they see their tax bills, and our colleagues to have the ears to not have deficit financing. Our families they know that is happening in this hear from the American people. cannot have deficit financing. Our busi- Congress. I think people are getting It was not due to so much of an nesses cannot have deficit financing. the message all across America. I hope ideologic bent that caused the wave So how can the Federal Government those on the other side listened to that we saw in the elections in Novem- expect others to have their houses in what the President said last night ber of last year. I think it focuses to order when we do not have ours? Even about reaching out to America. He saw one thing, and that is that a year and the Wall Street Journal has endorsed the result from last November’s elec- a half ago the Congress passed the larg- the Barton tax limitation balanced tion and he wants a join us in the Con- est tax increase, an unconstitutional budget amendment. tract With America. Let us get this bill tax increase, in the history of this Na- This point I think is also important, to his desk and get it signed. tion, and we saw the reaction to that Congressman FORBES from New York, Mr. FORBES. I think the gentleman November 8. who has been doing a great job here to- from Pennsylvania. Mr. FOX of Pennsylvania. Will the night leading this debate, many organi- gentleman from New York yield? Mr. SHADEGG. Mr. Speaker, will the zations have endorsed this proposal: Mr. FORBES. I would be honored to gentleman yield? Americans for Tax Reform, United yield to my friend, the gentleman from Mr. FORBES. I yield to the gen- States Chamber of Commerce, Citizens Pennsylvania. tleman from Arizona. Against Government Waste, National Mr. FOX of Pennsylvania. Mr. Speak- Mr. SHADEGG. I thank the gen- Federation of Independent Business, er, I thank the gentleman from yield- tleman and commend him for his lead- ing. National Taxpayers Union, Coalition ership in this fight. Mr. Speaker, since the 1980’s the for America, National Association for I rise tonight simply to add my voice Democrats in Congress have argued Manufacturers, Realtors, Home- to those voices that have spoken out. that fiscal discipline, not a constitu- builders, and hundreds of other groups. As I sat back and listened, all too tional amendment, is needed to bal- I am asking my colleagues on both often on this floor we talk in kind of sides of the aisle to do what is best for ance the budget, but absent a constitu- government-speak. We talk about the America, to make sure we get our fis- tional amendment, Congress has re- Barton amendment or the tax limita- cal house in order, we spend less, we fused to make any progress in bal- tion amendment. In Arizona when we tax less, but we spend on items that ancing the budget. In fact, it has re- carried this debate forward, we called the Contract With America talks sisted serious efforts to hold the line it the supermajority amendment. Un- about, those things that people really on reducing spending. Clearly, a con- fortunately, there are a lot of people need, and eliminate the waste, elimi- stitutional amendment is needed to back home who perhaps do not under- nate the wasteful spending, and let us force Congress to make the tough deci- stand those terms. But it is really get America back on track. sions it has dodged for years. I know straightforward, and it is important I yield back to the gentleman from that my friends and neighbors in Penn- that people understand. sylvania and in fact all across America New York and thank him for taking Paul Harvey has said, and I admire feel that same way. the leadership role here in this debate tonight. him greatly, that self-government b 2140 Mr. FORBES. Would the gentleman without self-discipline does not work. Forty years of deficit spending have yield for some questions here for just a Tomorrow there will be a historic vote got us in that trouble. Like the gentle- moment, if we could? on the floor of this House. It is a vote woman from Idaho said, over $4.7 tril- Mr. FOX of Pennsylvania. I just want which is focused around that notion. lion, and in real dollars that we can re- to make sure we preserve time for my That is, that to preserve self-govern- late to, that is $18,300 for every man, friend the gentleman from Arizona. ment, we must institute self-discipline. woman and child in America. Mr. FORBES. My concern is that of And what is the form of that self-dis- You say, ‘‘How do we solve this prob- course in November, the American peo- cipline? It is a change to the United lem?’’ We solve it by adopting tomor- ple took dramatic action and they al- States Constitution. But it is a change row, and I hope that everyone will call lowed the Republicans to take control that many people in this body I do not their Congressman and talk to him of the House of Representatives for the believe understand yet and that many about it, or their Congresswoman, and first time in 40 years. I think the effort people at home may not yet under- talk about the Barton tax limitation here obviously was that they wanted stand. balanced budget amendment. That has things done differently in Washington. Oh, they understand that we will teeth, that is the centerpiece of the If the gentleman from Pennsylvania vote tomorrow on a balanced budget Contract With America. would comment on an overriding con- amendment, and they understand that It also will have along with it in the cern I have that watching this body for the Federal Government must balance next days and weeks ahead, a line-item so many years that the naysayers, the its budget because they know they veto to cut out pork-barrel spending. doomsayers often tend to win the day have to balance their own budget. And Unfunded mandates that we have put they are very much aware that we are upon our States and local communities when something as dramatic as bal- ancing the Federal budget with a tax awash in Washington in a sea of red will be eliminated. Welfare reform, we ink that is literally drowning the Na- will make sure that we have able-bod- limitation is brought to the floor. tion and threatening our survival. ied people that do not want to be on Mr. FOX of Pennsylvania. I think we But this debate tomorrow goes one welfare back to work. With regulation have seen a whole new changing of the step beyond that. We cannot simply reform and sunsetting Federal agen- President last night in his State of the cies, all of those programs together Union address. It is very clear for the agree to balance the budget. We must will make sure we have fiscal respon- doomsayers; they like to say we are recognize that that alone is not at the sibility here in the United States. going to cut Social Security. Abso- root of America’s problem. The root of Frankly, those who are here with us lutely hogwash. As you well know, America’s problem is that government tonight on the Republican side of the Congressman, the fact of the matter is taxes too much and it spends too much. aisle want to put Congress on a diet that Social Security is off the table. I was born in 1949. One year later, the and I think that all of the Members of All of our senior citizens will be pro- average American family with children Congress who look at this clearly and tected. And the fact is that people paid $1 out of $25 in federal taxes. In carefully, Republicans and Democrats across America in every single district, 1993, just a short year ago, it was $1 out alike, will want to vote for the Barton in every single State are saying we of every $4 in taxes. amendment. It deals with tax limita- want a balanced budget amendment In 1950, it was $1 out of $25. Today it tion as well as balanced budget. and we want the Barton one, the one essentially is something in excess of $1 We need to lead by example here in that is going to call for tax limita- out of every $4. We cannot continue on this Congress. States, counties and all tions. that path. H 680 CONGRESSIONAL RECORD — HOUSE January 25, 1995 The tax burden is crushing our fami- Let me briefly conclude by the his- As the previous speaker mentioned, lies. It is crushing our small busi- tory in Arizona. Two years ago in Ari- is the crime rate any better, and as a nesses. It is crushing our economies. zona, we fought this battle and we won. result of the Great Society programs of How many households are required, We won with citizen support. We took the 1960’s, has our War on Poverty suc- indeed compelled, to have both spouses an initiative to the streets. We said to ceeded? With the programs we have in- work just to have one pay the tax bur- the spenders at the Arizona State cap- stituted here in Washington, DC., have den for that family? And mind you, and itol, no more. we really made things better or have I might remind those on this floor that we made things worse? I would submit b that $1 out of $25 and the $1 out of $4 is 2150 we have made things much worse, and just Federal taxes. It does not even The Arizona constitution had in it that is because of these failed pro- begin to contemplate the addition of from statehood a balanced budget re- grams. We have taxed and broken the State and local taxes. quirement. But the spenders, those who backs of the American people, of the What have we gotten for this massive believe that they can solve every prob- small businesses out there, and it is increase in taxes? We have gotten a lem facing society just by raising taxes time to draw some lines in the sand. It massive Federal Government which and creating a government program, is time for us to follow up and to do fundamentally fails to do its burden. got carried away and year after year that thing that Thomas Jefferson re- Is the crime rate in America lower in after year, they raised our taxes and gretted not putting in the Constitu- 1993 than it was in 1950? Did we buy increased government spending. tion, and that is a balanced budget re- safer streets with that massive in- Do you know what they did? They quirement. crease in taxes? We did not. damaged the Arizona economy. It We can even go one step better and Are welfare recipients in our cities plummeted from one of the best cli- make it tougher to tax. I cannot fath- better off? Has the level of poverty in mates in the Nation, with a healthy om how anybody in this body would America fallen? It has not. We have economy and happy families and a not want to make it tougher to raise failed. prosperous place to come to an econ- taxes on individuals out there who are Those who have argued that each omy where we tax more than the State struggling to make ends meet. I per- problem that comes along simply needs of Massachusetts and where it was a sonally have four children. I consider a few more dollars have been proven damaged economy. myself the most average of average So, we said no. We went to the people. I came here not a man of flat wrong. Government is not the an- streets with an initiative called ‘‘It’s wealth, but a man that had to struggle swer. Higher taxes are not the answer. Time’’ initiative, and by a vote of over from paycheck to paycheck, and I un- How then do we stop those taxes? The 70 percent we amended the Arizona derstand what it is like out there in answer is what Paul Harvey said. It is constitution to say that there would be the real world to try to raise a family. self-discipline. We need to add to the no future net increases in Arizona’s My wife had to work a second job as American Constitution something that taxes without a two-thirds majority of well just to try to make ends meet, is necessary in order to restrict the the members of the legislature. just so that we could pay our debt to ability of the people who sit on this We must do that here. We must do it Uncle Sam. And frankly, I think my floor to continue to tax ‘‘you’’ to pay now. I implore those citizens listening children would be much better off, and for what ‘‘he’’ needs, and we need to do tonight to join us in this fight. It is not so does she, if she would be able to that in the form of what has been an initiative, but your voice heard by spend a little bit more time at home called in this discussion tonight the your Member of Congress tonight or to- with them rather than work to pay off Barton amendment, or the morrow that can make the critical dif- Uncle Sam. supermajority amendment, or the tax ference in this race. If this truly is going to be a family- limitation amendment. Mr. SALMON. Mr. Chairman, will the friendly Congress, and one that cares It is this simple. It says that it has gentleman yield? about people, let us draw that line in been too easy in America to raise Mr. FORBES. I yield to the gen- the sand. Let us pass the Barton taxes, so we are going to raise the tleman from Arizona. amendment. Let us make it tough to threshold, not from 50 percent, not one- Mr. SALMON. Mr. Speaker, I heard a raise taxes. half of the Members of this body plus story about a little boy recently who I live in the same State as Mr. one, but a slight raise, indeed for me wrote a letter to God, and in that let- SHADEGG does and served in the State not enough, to a 60 percent require- ter he said: ‘‘Dear God, please send me legislature, and let me tell my col- ment to try to institute some dis- $10.’’ I guess he thought that would be leagues, in the 1980’s we were fourth in cipline. the best way to get the money. And the the Nation in per capita tax increases. Those who have gone before me to- post office, not knowing where else to It seems our answer for solving the night have pointed out that Congress send the letter, sent it to the Office of problems of Arizona year after year time and again has said that it was the President. The President thought after year was to raise taxes. And fi- going to cut taxes, has said that it was it was a very cute story, so he decided nally, when we got some common sense going to cut spending, and it has failed to send the little boy a dollar. from the people, we, through the initia- over and over and over again. Without A couple of weeks later the little boy tive process, passed a two-thirds re- external discipline, it will fail again. received the dollar in the mail, and he quirement for any tax increase. And If we enact a balanced budget amend- was very, very disappointed. So he you know something, it did not para- ment alone, we may indeed balance our wrote another letter back to God, and lyze government. In fact, after 3 con- budget, but we will do it at the expense this time it said, ‘‘Dear God, thank you secutive years of decreasing taxes, out of raising taxes. very much for the money. But as you of a $4.5 billion State budget we had a The message sent by the people of recall, I asked for $10. Next time please $800 surplus this year by decreasing America on November 8 was clear. It don’t send it by way of Washington. taxes. was that we must balance the Federal Those folks took $9 out of the $10.’’ The same phenomena could happen budget not by tax increases, not by in- I do not think truer words were ever at the Federal level. But we have to creasing the burden on the backs of the spoken. The fact is, this place taxes too make tough decisions. But the people American family who are already over- much. who elected us, elected me, elected me taxed, but by cutting spending. And When I was a little boy from a small to come here and fight hard for them, the most important step we can take in family of 6 children, my father bring- not for government. They elected me that direction is to pass a balanced ing up his family had to pay roughly to come here to stop spending and fight budget amendment with a restriction about 2 percent of his income to the taxes at the same time, and I intend to that says, ‘‘You cannot raise taxes Federal Government. As Archie Bunker do that. again, Federal Government, unless you would say, ‘‘Those were the days.’’ But Just finally, I would like to reiterate get 60 percent of the Members of Con- now we have taxed our way into obliv- what my colleague, the gentleman gress to agree.’’ We need to put that in ion. And what have we got to show for from Arizona [Mr. SHADEGG] did. the Constitution so it is sacrosanct. it? Please, those who are out there, please, January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 681 we implore you, call your Congressman At one point I answered a question to country better? And we have a historic or your congresswoman, ask them, no, one of the newspapers in Indiana. They opportunity and all we need is 60 demand that they support the Barton said, ‘‘Would you support a tax in- Democrats who will help us fulfill our amendment. It is crucial to each and crease?’’ I said, ‘‘If we were in war, and mandate. Do you agree with that state- every one of us. if the only way to pay for it was ment? Mr. SOUDER. Mr. Speaker, will the through a tax increase, I might con- Mr. FORBES. I agree with the gen- gentleman yield? sider a tax increase,’’ because people tleman on that statement. I think we Mr. FORBES. I yield to the gen- want the spending reduced. They do have proof in 1990 and 1993 where there tleman from Indiana. not want their taxes raised. And we are was a rush to raise taxes that the Mr. SOUDER. Mr. Chairman, I really down to one little clause, a 60 percent American people want this body uni- want to thank the gentleman tonight supermajority on the taxes, and we fied, the House of Representatives to for pulling this together. I think there cannot get, it seems, to this point act responsibly, and embrace tax limi- is a lot of confusion as to what is going enough to get over the top. We need tation, a balanced budget amendment. on. the people of America to call in, to let Mr. GRAHAM. Thank you. To follow up on what the gentleman their Members know that we need their Mr. FORBES. I yield to my friend, help, we need their vote or we may get from Arizona said, as I campaigned in the gentleman from Illinois. an amendment that will merely lead to Indiana, and I was I think in over 40 Mr. WELLER. Well, I thank the gen- illusory budget cuts and certain taxes. different parades in the small towns tleman from New York [Mr. FORBES], We have been down this road before. and cities, nobody came out and said, my good friend from Long Island. I It was miserable. We need to stop it. ‘‘Hey, MARK, will you see if you can ex- want to commend you for your leader- People have lost faith in us, and we pand the power of the government in need to give them a down payment on ship in organizing tonight’s discussion Washington? Will you see if you can faith by passing the Barton amend- of the tax-limitation, balanced budget figure out how to spend more money ment. amendment. ought there? And by the way, can you Mr. FORBES. I thank the gentleman. I just came from my office, and I tax me a little bit more?’’ Mr. GRAHAM. Mr. Speaker, will the have been receiving phone calls tonight That is not what the American peo- gentleman yield? from taxpayers in my congressional ple sent us here to do. They sent us Mr. FORBES. I yield to my distin- district which, of course, is the south here to reduce the size of government guished colleague from South Carolina. suburbs of Chicago, rural areas, indus- and to reduce the burden and to give Mr. GRAHAM. Mr. Speaker, do my trial communities, probably the most them control over their lives. colleagues not feel like we are at a diverse district in the State of Illinois, We are saying that in our unfunded telethon tonight and we are not asking and I have received a good number of mandates. We are saying it in the line you to give anything, we are trying to phone calls. item veto, and we are looking at it give you money? I am glad I answered the phone. Be- here in the balanced budget amend- Let us really explain what we are cause they were calling in support of ment with tax limitations. talking about here in real terms. Does the tax-limitation, balanced budget This is for your children’s future. I the gentleman agree with this state- amendment and from those calls, and have 3 children. I am concerned not so ment, that if every Republican voted every one of them were from middle- much about myself. A number of my for the Barton amendment we could class average working men and women. colleagues here have and I have a little not get there by ourselves? Does the They are concerned about the massive bit of gray hair, some a little less than gentleman agree with that statement? deficit and its impact on the future and that, and this is not really just about Mr. FORBES. I do. their children’s future, and they point our future. It is about our kids’ future Mr. GRAHAM. Will the gentleman out, or I had three of them point out, and whether we are mortgaging it, and yield further for another question? they are aware that the average cost that is both on the tax side and the Mr. FORBES. I yield to the gen- today for every man, woman, and child spending side. tleman from South Carolina. in the 11th Congressional District in Il- I believe myself that none of the Mr. GRAHAM. Does the gentleman linois, as throughout this country, is amendments that are coming up are believe that there are 60 Members in $18,000 for every man, woman, and satisfactory. They are not tough the Democratic Party, which in many child. The average taxpayer is aware of enough. There should be a spending ways has a great tradition in this coun- these things. limitation that is written in there to try, who believe that the time has Congress for far too long has thought protect the taxpayers and the citizens come to limit government, to turn over that the average taxpayer just did not of America. There should be some sort fiscal responsibility back to the States, know. Well, the taxpayers are better of a penalty if you do not reach a bal- and that there are 60 Members in that informed today. anced budget. great party that will step up and help You know, in the past Congress has I am concerned that some of these us fill the mandate of November 8? said, ‘‘Trust us, we will balance the spending cuts can be illusory, that we Does the gentleman believe there are 65 budget. We have got the discipline. We will wind up with a deficit. There is no Members over there that could do that? will do it.’’ Well, they have never kept penalty for having that deficit, and it b 2200 their promise, and they have failed. could accumulate. I think with the encouragement of One call tonight from a working man This does not start until the year the American people that there are cer- from the city of Joliet, an industrial 2002. That is putting a lot of faith that tainly 60 of our distinguished col- community of about 100,000 in the we can stand here and get it to that leagues on the Democrat side that heart of my congressional district, was point. So I have a number of concerns would come join us. frustrated. He is a man who drives a with that. Mr. GRAHAM. If the gentleman long distance to work, works in indus- Yet, tomorrow and in the next few would yield further, would you agree try, and he was frustrated by last days the key thing is not whether we that it is probably the best thing that year’s tax hike which, of course, the are going to pass a balanced budget could happen for the future of this administration and the liberal major- amendment, because there is a major- country, not just in the 104th Congress, ity in the previous Congress proposed ity in this body to pass a balanced but for the 21st century, for two parties as their solution and imposed it upon budget amendment. This is a tax de- with different opinions coming to- the people and the taxpayers in my dis- bate, and it is not even all taxes. We gether under one roof, based on the trict as well as yours, and they were are down to income taxes and we are principle that if we continue to spend aware that that tax increase last year reduced to saying can we not at least this way we will bankrupt the Amer- cost the taxpayers in my district $410 have some protection, not a two-thirds ican character, and this would really million, $60 million in higher gasoline protection. You know, if we polled In- be a way to fulfill what President Clin- taxes which drives up costs for average diana, they would want 100 percent pro- ton said in his State of the Union that working middle-class families, just to tection. we can work together to make this go to work or go to the store, and $90 H 682 CONGRESSIONAL RECORD — HOUSE January 25, 1995 million in higher taxes on Social Secu- I yield back to the gentleman from unfortunately were the recipients of rity benefits for the senior citizens in Illinois. some bad policy that hurt them over my district alone. Mr. WELLER. You are absolutely the years, and my concern here is that Well, that family, as well as others, right. You know, there is nothing I our Federal taxpayers, our folks back they have seen their taxes go up, and value more than hearing from the folks home, understand the urgency of get- they have not seen any results in re- that I have the privilege of represent- ting to the phones and making sure duction of the deficit or long-term dis- ing, and when I know that I get 10 that Members of Congress understand cipline over controlling Congress’ his- phone calls from the taxpayers in my that they want Congress, while they toric ability to overspend. They want district, I recognize that they probably want them to balance the budget, they to be able to afford to go to work and represent a total of 100 voters who do not want them to take the easy way take care of their families’ needs, and agree with them and just did not take out and increase spending and that they want to be able to live com- the time to make the telephone call. they want a balanced budget amend- fortably in retirement. They want Con- So those telephone calls, I know, are ment that does put a lid on the ability gress, they told me tonight, to have extremely important and, you know, to raise taxes. Congress to have the discipline and the one of the questions that a caller told I know the people on Long Island, we confidence to cut spending and to op- me tonight is that they say, you know, have amongst the highest taxes in the pose higher taxes and, at the same the Republicans are in the majority Nation. We have the highest property time, protect Social Security. now. It is going to be an easy sell. You taxes and sales taxes and Federal taxes Today with the passage of the Flana- are going to be able to pass that, are to boot, and it is tough on the people of gan resolution, this Congress is on you not? I said, ‘‘Well, you realize it Long Island and our economy is still record saying that Social Security is takes a supermajority to pass a con- very shaky there, and people are strug- off the table. stitutional amendment like this.’’ We gling to hold onto their jobs, and many need a bipartisan vote. We need, if people do not have jobs. They are look- f every Republican votes for this, we ing for them. need over 60 Democrats to support us, The difficulty is to think that you THE BALANCED BUDGET and I said, ‘‘You know, if you have have a Federal Government that just AMENDMENT friends that know Democratic Members does not quite get it and continues to The SPEAKER pro tempore (Mr. of Congress that they should call them grow at alarming rates, and the need, I GEKAS). Under a previous order of the and support the balanced budget think, across America is understood, House, the gentleman from Texas [Mr. amendment.’’ the need for a balanced budget amend- BARTON] is recognized for 60 minutes. It is so very important that they ment, and most particularly the need Mr. BARTON of Texas. I yield to the make calls, and I certainly made that again, and I cannot stress it enough, gentleman from Illinois. point, and again, I want to thank my the need to make sure that it is a bal- Mr. WELLER. Well, you know, thank colleague for his leadership on this anced budget that does put a lid on this you. I would like very much to thank issue. It is so important that we give Congress’ ability to just wantonly raise the gentleman from Texas for your Congress the discipline, the backbone taxes. hard-fought long effort historically to to balance the budget and to resist the b bring this initiative to the floor of the temptation to go back to the old ways 2210 House for debate, and you have worked which is always to raise taxes. Mr. BARTON of Texas. I thank the long and hard to bring a tax-limitation I served in the legislature for the last gentleman from New York and I yield balanced budget amendment, and I just 6 years in Illinois. We were fortunate to the gentleman from Indiana. want you to know the phone calls that to have a balanced budget provision in Mr. SOUDER. I thank the gentleman I have been receiving in my office here the State constitution. That was effec- from Texas. in Washington tonight from the tax- tive in giving those of us who wanted Mr. Speaker, I have a question. The payers in my district, they are calling. to balance the books the backbone, the gentleman from New York [Mr. I had six calls tonight. discipline, to get the job done before FORBES] and myself have served as Mr. BARTON of Texas. I, too, have we went home. staffers in the other body and have received a number of telephone calls, However, my State is one of those some healthy skepticism. The gen- and I had a constituent call my office that unfortunately does not have what tleman from Texas [Mr. BARTON] as a in Texas today and said, ‘‘We want we call the tax accountability amend- Member maybe could enlighten us a Congressman BARTON to vote for that ment, and we are still trying to do that bit. Under the balanced budget amend- Barton three-fifths tax-limitation in Illinois, which would require a ment, and part of the reason I am sure amendment.’’ And my receptionist three-fifths vote. We know if you re- the gentleman has his tax limitation said, ‘‘Well, he is the named sponsor.’’ quire a three-fifths vote to pass a tax supermajority in it, is it not possible He said, ‘‘Well, you just tell him if he increase, those who would like to push to have a category that would say with does not vote for it, he is not going to a tax increase know it is going to be waste and fraud as a deficit reduction? get my vote next year.’’ She said, much more difficult, and the obvious Mr. BARTON of Texas. In my town ‘‘Well, I think you can expect the Con- solution is to cut spending. meetings, and I am sure as the gen- gressman to vote for his own amend- Congress needs that discipline. I am tleman begins to do his town meetings, ment.’’ proud to cosponsor the Barton amend- his constituents are going to come and But there may be some people in this ment, the tax-limitation balanced demand that he cut out that waste, Chamber that want to make a phone budget amendment, in the Contract fraud, and abuse and cut out pork-bar- call to their Congressman and do not with America, and I certainly am rel spending. The gentleman would say know the phone number. The number, proud to join with you tonight and par- that he will do it and he is going to be if anybody in the Chamber would like ticipate in tonight’s discussion on this a bulldog to do it. The problem is there to make such a phone call tomorrow, is important initiative which frankly is a is no line in the Federal Government’s area code 202, 224–3121, and then just historic change on how Washington budget that says waste, fraud, and ask for their Congressman, Congress- works. abuse. When you get to a specific pro- man BARTON, Congressman FORBES, Mr. BARTON of Texas. I yield to the gram and you say, ‘‘Mr. Director, can Congressman WELLER, you know, who- gentleman from New York if he sought you tell me where the waste, fraud, and ever your Congressman happens to be, time. abuse is, in your particular program?’’ and you will be put through, and since Mr. FORBES. I thank the gentleman. And the director is going to say, ‘‘Con- the vote is going to be at about 11, I would say that it is startling to me gressman, there is no waste, fraud, and 11:30, Eastern time tomorrow, those to listen to this experiment that they abuse in my program.’’ phone calls should come in earlier. If had in Arizona, if you will, the notion Now, I was a White House Fellow at Congressman FORBES wanted to call his that they went forward and did the re- the Department of Energy in 1981, part own office, he would need to do that be- sponsible thing, but they did not hold of 1982, and was a staff liaison to the fore 11:30 tomorrow morning. the taxes, and the people of Arizona Grace Commission that President January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 683 Reagan empowered to look for waste, President will be submitting a bal- legislature to help solve this problem fraud, and abuse in the executive anced budget, the Congress shall be with one little program. branch of the Federal Government. One voting on a balanced budget, the actual That same scene happens here in of my jobs was to look at all the com- numbers during the fiscal year cannot Washington thousands of times every mittees that Department of Energy of- exceed the estimates so the magic as- day. It happens in your office, I sus- ficials served on. It turned out there terisk that OMB Director David Stock- pect, and in my office and the office of were over 300 standing committees that man used as a Director of the Office of every Member who votes on the floor of either the Secretary of Energy, Deputy Management and Budget for President this Congress. Constituents come in, Secretary of Energy, the Assistant Sec- Reagan in the early 1980’s, the magic lobbying groups come in, organizing retary of Energy served on. asterisk has gone away. groups come in and say, ‘‘We have a So I sent out a questionnaire to ev- Even the unspecified savings that Di- small problem, but it is serious and it erybody who served on these standing rector Darman, President Bush’s Office needs your help. We need just a little committees. I said, ‘‘How often do you of Management and Budget, unspec- bit of money. It is not a lot of money, meet? What are the subjects? Do you ified, to be determined later—he had but a little bit to solve this very seri- think you can do without this commit- over $300 billion in those types of sav- ous problem,’’ sometimes it affects tee?’’ ings—would go away. Under the leader- children, sometimes we say it is going Not one Assistant Secretary, Deputy ship of the new chairman of the Com- to solve a problem that will pollute our Secretary, or Secretary himself wrote mittee on the Budget, the gentleman society or pollute our Earth. Whatever back in response to my question and from Ohio [Mr. KASICH] and the distin- the reason is, it is always compelling, said that the committee was elimi- guished leadership of our new Speaker, whoever the advocate is, he is always nated and did not need to be estab- and, of course, the Senate majority sincere and well-intended. lished. Some of those committees have leader, Senator DOLE from Kansas, we But there is something missing in never met. They had never met, and are going to present to the American that conversation. yet they were not even willing to dis- people a true budget that does move us What is missing is the person of the establish any of these intra-agency toward a balanced budget by the year people who have to pick up the tab. committees, Department of Energy, 2002. There will be no budget gimmicks, They are not sitting there. I often Defense, Department of Commerce. no magic asterisks, no funny money. thought as I sat in on those conversa- The bottom line, as the gentleman This is real, it is serious, it starts to- tions in the members’ offices in the Ar- well knows, is we have simply got to morrow at approximately 11:30 on this izona legislature, why not have one put a disciplinary tool in the Constitu- floor in this city when we vote to pass more Chair sitting in that discussion, tion that says, ‘‘You shall balance the the tax limitation balanced budget empty, that says, ‘‘The Arizona tax- budget.’’ We need to put in that with payer’’? We ought to have somebody. amendment and send it to the other it, ‘‘You shall balance the budget, with We are all talking about lobbyists. The body. So people in America can call the the incentive being cutting spending, President devoted a great deal of time U.S. Senate. not raising taxes.’’ That is why the last night to the pressure of lobbyists. Mr. SOUDER. I thank the gentleman three-fifths’ tax increase is so impor- It occurs to me that the people do for his leadership. tant. not have a lobbyist who sits in on that Mr. BARTON of Texas. I yield to the Mr. SOUDER. Mr. Speaker, I am conversation. gentleman from Arizona [Mr. most concerned that most of the agree- So the pressure is there and no one is SHADEGG], and I see the former member ments that are made wind up with tax sitting in that empty chair that I envi- of the Gang of Seven a few Congresses increases because the spending cuts are sioned, saying, ‘‘Wait a minute. Who is ago is back and loaded for bear and is not real. going to pay for this?’’ Is it possible to give another possibil- just brimming to speak in the next 3 to Well, a supermajority requirement ity of how this could evolve? While I 4 minutes. for future tax increases raising the think the tax increases could be perma- I yield to the gentleman from Ari- hurdle so that it is not just 50 percent nent but the spending cuts never occur, zona. but rather 60 percent would be a struc- a common tactic is to have an asterisk Mr. SHADEGG. I thank the gen- tural change which would put essen- saying, ‘‘Specifics will come at a later tleman from Texas, and I will be brief. tially that Chair in the room and say, date.’’ Is it possible under a balanced You know, as I listened to the discus- ‘‘It may be a good idea, but somebody budget amendment to do that; that is, sion tonight, it occurred to me it has got to pay for it, and you have to to have illusory spending cuts but the might be helpful if there was a prac- go get the assent of just a few more tax increases be real? tical explanation of at least how one people to do that.’’ It is the kind of dis- Mr. BARTON of Texas. Mr. Speaker, Member of this body thinks this provi- cipline we desperately need in this in order to answer that, it might be sion will work day to day. Let me tie body. illuminatory to explain how the tax into that how we got into the mess we I thank the gentleman. I ask if it is limitation balanced budget amendment are in now. possible to join in this conversation is actually structured. Section 1 says Mr. Speaker I am on this floor for the briefly with the gentleman from Illi- that the President shall submit to the first time. I am a freshman Member of nois, my colleague. Congress a balanced budget and Con- this Congress. I have not served in any Mr. BARTON of Texas. If the gen- gress shall vote on a balanced budget. public office before. But I did serve a tleman, the distinguished gentleman It requires that the actual expendi- period of 7 years in the Arizona attor- from Illinois, requests such time yield- tures and receipts be less than the esti- ney general’s office. Then I was hired ed to him as he may require. mates, it requires that in order to in- to advise the Arizona State Legisla- b crease receipts, there shall be a three- ture. 2220 fifths’ vote in both bodies in order to I sat in on literally hundreds of meet- Mr. SHADEGG. I would like to ask borrow money in any fiscal year and in ings in those capacities where a mem- one quick question. I noted that like order to increase the debt ceiling there ber of the Arizona legislature would be Arizona—— shall be a three-fifth’s vote in both present and a contituent or a group of Mr. BARTON of Texas. The gen- bodies. constituents would come forward and tleman from Arizona [Mr. SHADEGG] There is a section that requires that they were well-intended, serious, con- has to ask the question of me, and then the Congress shall implement the cerned citizens. And they would come we would yield time to the distin- amendment by the appropriate legisla- forward and explain to the members of guished gentleman from Illinois [Mr. ture. There is a section that says the the Arizona legislature their dire need, WELLER]. That is the parliamentary amendment shall become effective in this severe problem this, unmet prob- triangle that we have to honor. the year 2002, or 2 years after requisite lem in society which government could Mr. SHADEGG. Then let me honor 38 States ratify the amendment. solve. In Arizona it was easy for the that tradition and ask the question. Every effort has been made to close citizens to get to their legislature and I understood from the gentleman all the loopholes so that in fact the to go and implore their members of the from Illinois [Mr. WELLER] that they H 684 CONGRESSIONAL RECORD — HOUSE January 25, 1995 have a balanced budget requirement in not have been passed on the taxpayers participating with my fellow gang of their State, but they do not have what of my State. seven colleagues on the debate regard- Arizona now has, which is a I think it is so important that we in- ing the balanced budget tax limitation supermajority requirement for future clude the tax limitation provision be- amendment in the 102d Congress, and I tax increases. cause not only does it protect the tax- can tell the gentlemen—in fact I fre- Mr. BARTON of Texas. Would the payers’ interest, act as a silent part- quently relate this story back home, gentleman from Illinois like to have ner, but it is a reality check. It is that that was probably my single time to answer that question? going to require a supermajority. The greatest disappointment from my prior Mr. WELLER. I say to my colleagues, special interests are going to realize service in this distinguished body. ‘‘Thank you, thank you very much. I that Congress is going to think twice I recall though on that occasion one appreciate this opportunity, and I before they raise taxes. of the gang members, who has now thank the gentleman from Texas for It is time to protect the taxpayers’ gone on to greater heights in the other the opportunity to respond to the gen- pocketbooks. body as a junior Member from the tleman from Arizona’s question.’’ Mr. BARTON of Texas. I thank the State of Pennsylvania, holding up at a As I pointed out in my little brief gentleman from Illinois. particularly poignant moment in the conversation with my colleagues a few I would like to point out that the proceedings the photographs, little minutes ago, Illinois is a State, of three-fifths requirement for a tax in- wallet sized snapshots, of his young course a great State, and I am proud to crease would not mean 290 votes in the children who now obviously are a few represent the State of Illinois, and we House. It would mean 262 votes in the years older and making the point, as have a balanced budget provision in the House. It is certainly more than 218—— several of my colleagues did earlier, Illinois constitution. However it only Mr. WELLER. If the gentleman that we are really acting on their be- requires a simple majority to pass tax would yield, that is certainly Illinois half and in their interests. We are talk- increases, and I served in the Illinois math. I apologize. It is the end of the ing about, of course, the future tax- legislature for 6 years, and during that evening I guess. payers of the United States of America period of time I was actually involved Mr. BARTON of Texas. I might also who will inherit this enormous sum in the appropriations process where I point out that those who say all that and growing debt that we, sad to say, have imposed upon them as a rather was involved in the spending end of the necessary—the only protection that is necessary is protection of a constitu- dubious legacy, one which, in fact, does State legislature, handling the human tional majority to pass a tax increase— indeed mortgage the future and dimin- service appropriations portion of the we have researched in the House, and ish the economic opportunity they and State budget. It is about half the State there has not been a tax increase that their children will be able to realize. budget. We have a State budget of $34 passed with a minority vote. So, that was a tremendous dis- billion, 10 percent of what would be Now there have been some that appointment, and I also wanted to called the gross State product, which is passed on a voice vote, two in the last share with the gentleman that just a big chunk of the Illinois economy, 30 years that passed by a voice vote, today I fielded a few calls from the and we wrestled every year. but if it came to a vote, in every occa- media saying, ‘‘Well, why is this really Of course we have a balanced budget sion obviously it won by getting a ma- necessary? After all, you in legislative provision which requires we have to jority vote. branch have the ability to ultimately balance our books, and all too often So to say that a constitutional ma- adopt and enact a balanced Federal at—towards the end of session or at the jority is sufficient protection against budget.’’ beginning of session, if we had a hole in the tax increase on this floor every And I hasten to point out to those the budget where we knew we were time a tax increase is passed by rollcall particular folks who—frankly they are short of dollars, all too often particu- vote, it has had a majority, and in the skeptics and the pundits who do larly certain special interests, and al- most cases it has had a constitutional not face the difficult decisions we will ways representing those who want to majority, which is 218. A simple major- make in the days following our adop- spend money, would always say to the ity would be maybe 216, if several peo- tion of the balanced budget tax limita- legislature, ‘‘You know, we really need ple were not voting, and traditionally tion amendment, but I point out to to do the right thing, and you know the the Speaker does not vote. them that of course the Federal Gov- right thing is to raise taxes.’’ But to get real protection against tax ernment has the unique ability to Well, they knew that the so-called increases you do need the three fifths, make money, print new currency and right thing to raise taxes, which they and, as the gentleman from Arizona to borrow more to continue its deficit always argued for, is the easier way pointed out, in many of the States that spending ways. out because I guess, if we look at the have tax limitation provisions it is two I also point out to them that history, history of this Congress, it has always thirds, and in some it is three fourths. as the great teacher, shows us that ba- been easier for Congress to raise taxes In the President’s home State of Ar- sically anything Congress does can be than it has been to cut spending, and I kansas it is a three-fourths vote nec- undone, short of an amendment to the saw how those pressures worked in the essary for a tax increase, so a three- Constitution, and that has clearly been State legislature, and rather than cut- fifths vote, or 60 percent, is certainly the case in the past, and prior efforts of ting spending the special interests stronger than the constitutional ma- the Congress, as the gentleman well would always say, ‘‘Why don’t you just jority, but it is by no means as strong knows, have been routinely cir- raise taxes,’’ because, as the gentleman as many of the States have in their cumvented by this body whether it is from Arizona pointed out, the tax- statutes or their constitutions. sequestration procedures or the payers are not in the room, and that I see that the gentleman from Cali- Gramm-Rudman Act which effectively three-fifths provision is the silent part- fornia has approached the rostrum, and gutted over a short period of time but ner that the taxpayers need to have in I would be happy to yield to him and allowing us to continue our spendthrift this room when we debate whether or welcome him back to the 104th Con- ways. not we should raise taxes. gress. The other thing I wanted to point out And let me tell my colleagues, if we Mr. RIGGS. I thank the gentleman to the gentleman is that—he obviously have a three-fifths majority in the Con- from Texas [Mr. BARTON] for both his knows, and he has been a leader in this stitution as a requirement to pass a kind comments and his outstanding body in terms of making this point fre- tax increase, there has to be a lot of leadership on this extremely important quently during this critical debate, and public support, there has to be a real legislative initiative. that is that we are not an undertaxed justification, to get those 290 votes to The gentleman just a moment ago re- society. We need to make it difficult to pass the tax increase, and, had we had ferred to—I cannot recall if he said fa- raise Federal income taxes and to raise that provision in Illinois, I can think— mous or infamous gang of seven, but I the debt limit. during the period of time that I was in can remember standing on this very As my colleagues know, I—again hav- the legislature I can think of about floor in the wee hours of the morning, ing the distinct honor and privilege of half a dozen tax increases that would actually much later than it is now, serving in this body before, and taking January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 685 a sabbatical away from the body, and ful movie ‘‘Dave,’’ where the account- Mr. GRAHAM. I believe the gen- now returning—I have a unique per- ant is brought in to look at the Federal tleman stated further that during that spective on the matters that are delib- Government’s books, and said, ‘‘Who period of time the national defense sec- erated in this body. I reflect back on did these books? If I did my books like tor spending has increased by 1300 per- that prior service, the 50 some odd this, I would be out of business.’’ The cent. town meetings I did the width and point being that, you know, the time Mr. BARTON of Texas. Thirteen hun- breadth of my Congressional District has come to impose some very real con- dred percent since 1964. This year we over that two year period, and I cannot straints, a sense of restraint on what are expected to spend $1 trillion, which recall a single occasion when a con- we do back here with the Federal tax- is 1 thousand billion, $531 billion. Those stituent came up and said ‘‘you know, payers’ dollars. numbers are from President Clinton’s Congressman, we really are an Previous attempts short of the con- Office of Management and Budget. undertaxed society, and I would like to stitutional amendment approach have Those are not the Republican numbers, pay more taxes.’’ not worked. It is very clear that in en- but the official budget numbers of the b 2230 acting the constitutional amendment, President of the United States. the balanced budget requirement, we Mr. GRAHAM. Would the gentleman To the contrary, as the gentleman agree with that tendency in place, the well knows, with 42 percent of our have to create, as the gentleman has put it, a disincentive for raising in- ability to spend far more than we make economy going to some taxing author- and it is escalating at monumental ity or another, 21 percent of that, I be- come taxes. proportions, that if there ever was a lieve the numbers are roughly, or So I commend the gentleman, and time to have a three-fifths majority about 19 percent of that, rather, is urge him on in his efforts tomorrow, vote it is now, and could you comment going to the Federal treasury, and we which I fully intend to support on this on the likelihood of balancing the are spending the equivalent of about 21 floor, in the hope that ultimately we budget with tax increases if we don’t percent, and, of course, running these will do the right thing and we will have the three-fifths majority? enormous deficits. But with 42 percent show to the American people at the Mr. BARTON of Texas. If the gen- of our $6 trillion economy going to the conclusion of the debate tomorrow by tleman would yield on that point, in taxing authorities, we are not an our votes as we stand and ultimately the early 1980’s, then President Reagan undertaxed economy. Furthermore, we become accountable that we really did accepted a tax increase with the under- have received a clear mandate from the get the message from the voters last standing for every dollar of taxes that American people to cut spending and November, and that we really are seri- were increased, there would be $2 of taxes as well. In order to do that, the ous about rearranging and ultimately spending cuts. Well, we got the tax in- first step is clearly the gentleman’s reducing the size, the scope, and the crease, but we got $1.58 of spending in- balanced budget and tax limitation cost of the Federal Government. crease for every dollar of tax increase. amendment. Mr. BARTON of Texas. I thank the We have researched that back to the The other point I wanted to share gentleman from California, and again mid 1940’s. And in no year have we seen with the gentleman is a few weeks ago cannot express in the most positive when a tax increase was passed, that I had the opportunity to go up to Balti- terms how delighted we are to have the next year the spending cuts mate- more. I obtained an invitation to go up him back serving with great distinc- and, actually a first for me, observe a rialized. In the time that I have been in tion in the body. the Congress, and I was elected in 1984 focus group being conducted by a well- The hour is getting late. I would be known research group, and it was quite and sworn in in 1985, we have elimi- happy to recognize the gentleman from nated in its entirety one Federal pro- an eye opener. South Carolina for some brief remarks, The purpose of this particular focus gram, the Urban Development Action so we may hopefully soon conclude. Grant Program. group, which we were able to observe Mr. GRAHAM. I was very intrigued through a one-way mirror, was to Now, we have reduced some in real by the gentleman from California’s terms, but in every year Federal spend- watch as ordinary Americans, and comments there. I think they are right these were actually I believe above av- ing in the aggregate has gone up, and it on point, especially the comment from has averaged over $50 billion a year in- erage in terms of their educational and the constituent or the lay person that economic backgrounds, but to watch crease in the time I have been in the said if we ran our affairs like you do up the proceedings as they attempted to Congress. And in the nineties it has here, we would be bankrupt. go through one of these exercises in- averaged over $65 billion a year. I don’t Would the gentleman agree that if volving balancing the Federal budget. know about the gentleman from South the American public ran their affairs They were provided I think with a Carolina or the gentleman from New three or four page list of all the discre- like we do up here, that they would go York or California or Indiana, but in tionary spending items in the Federal to jail? my family household, if I had an extra budget and then asked to make specific Mr. BARTON of Texas. I would agree sixty or seventy billion dollars a year, programmatic spending cuts by going with that in a fiduciary sense. No co- I believe I could get by. I believe I down that list. And after two hours of operation in America could utilize its could make it. And yet we talk and discussion, they had not agreed on a assets and abuse its borrowing privi- talk and talk about making the tough single specific spending cut, illustrat- leges like we have here in Washington choices and cutting spending. The re- ing the difficulty of our challenge the last 30 to 40 years. ality is in almost every case in Wash- ahead. They were able, after another Mr. GRAHAM. The essence of this de- ington, that is a phony game. We take hour or so of conversation, to finally bate I think comes down to this point: the baseline, adjust it for inflation, ad- agree on across-the-board spending During your dissertation a while ago just it for growth, adjust it for unan- cuts, which is frankly something we you made some very important points ticipated consequences that may never are going to have to consider in this that I didn’t realize, that I believe you occur, and then say that is what we body I think in order to meet our man- said for the first time 30 years ago, in would really like, but we will take 10 dates and in order to comply with the 1964 and 1965 era, that the entire Fed- percent less than that, and they end up balanced budget tax limitation amend- eral budget was less than $200 billion. with 10 or 15 percent more than they ment. Is that correct? had the year before. But it was a very revealing experi- Mr. BARTON of Texas. We reached There have been years when the aver- ence for me and a very sobering drive the $100 billion spending mark at the age Federal program had a net increase back from Baltimore to the Capitol as Federal level in 1961 or 1962, and in the after inflation and after growth in the a result. current fiscal year, it is expected we economy of over 13 percent. Yet we But in the course of that conversa- will expend just for interest on the na- still cry out about needing more reve- tion, one of the folks in the room said tional debt, over $225 billion. So we nue. That is simply not the case. ‘‘if we all ran our personal finances now pay more in interest than the en- I am going to conclude this special like the government, we would all be tire Federal budget was in the early order, if none of the other distin- bankrupt,’’ reminiscent of the wonder- 1960’s. guished gentleman wishes time, by H 686 CONGRESSIONAL RECORD — HOUSE January 25, 1995 simply stating the obvious: Tomorrow to exert every effort in a positive way provision as well, this issue as well. So is a historic occasion. For the first to pass this historic amendment. he created an amendment that he of- time in over 200 years, we have a real f fered to the House that made it pos- opportunity to amend the Constitution sible for the President of the United of the United States to require a Fed- THE LINE-ITEM VETO States to also use his line item author- eral balanced budget, and to do so in a The SPEAKER pro tempore (Mr. ity to get rid of targeted tax breaks. way that we would cut spending and GEKAS). Under the Speaker’s an- I would like to spend several min- not raise taxes by adding a three-fifths nounced policy of January 4, 1995, the utes, if I could, reading from his testi- requirement for a tax increase. gentleman from Wisconsin [Mr. mony or his colloquy on the floor be- b 2240 BARRETT] is recognized for 15 minutes. cause I think it was very powerful, and (Mr. BARRETT of Wisconsin asked unfortunately, I think that the Mem- Thomas Jefferson, one of our found- and was given permission to revise and bers of his own party today in our com- ing fathers, the author of the declara- extend his remarks.) mittee ignored his very own advice, tion of independence, rued the fact that Mr. BARRETT of Wisconsin. Mr. even though the Republican Members when the constitution was adopted in Speaker, I come before the House and I of this House unanimously supported 1787, it did not have a requirement that welcome my new colleagues on the his amendment when he offered it just the budget be balanced. In the modern other side of aisle who are here tonight a short time ago. era, it is, I think, factual to state that and I ask them to stay so perhaps we Now I am reading verbatim from Mr. if we do not amend the constitution to can listen to some of the comments I require a balanced budget, we will Michel’s statements which were given want to make on the important issue on this floor not long ago. never have a balanced budget. that we are going to be facing in the When our current President’s eco- Mr. Chairman, I rise today to offer my next two weeks, which is the line item amendment to the real legislative line item nomic advisors state that there is not veto. even an attempt to get to a balanced veto proposal offered by my colleagues. My I am a supporter, Mr. Speaker, of the amendment adds an additional dimension to budget and that balanced budgets do line item veto, because I think it is an the debate. Should the President be allowed not count and that under the most rosy important tool that the President to strike special interest tax provisions from scenario, the budget deficit begins to should have to help us control the run- tax bills in addition to appropriations from climb next year and climb to infinity away spending that we have seen in appropriation bills? I believe that the Presi- after we get to the millennium in the this country over the last 30 years. dent should be given this additional author- year 2000, it is absolutely imperative ity. But I am very troubled by what I that we act now. I am amazed and obviously very gratified have seen in the committee that I This dialog, colloquy that we have that this issue has gained so much momen- serve on, the Government Reform Com- had this evening on the House floor is tum. I began the drumbeat earlier this year mittee, by what is occurring there, be- not an exercise in academic opportun- after seeing the number of special interest cause I think that the Government Re- tax provisions contained in last years’s tax ism. We are going to vote on the con- bill, H.R. 11. That bill was vetoed by Presi- stitutional amendment to require a form Committee, under the new leader- ship of the Republican party, is only dent Bush due to the sheer weight that it balanced budget with a tax limitation gained through the legislative process here provision tomorrow morning between dealing with half the problem. The problem that the new leadership in Congress. 11 and 12 o’clock Eastern Standard As you know, that bill initially was the ve- Time. And if 290 Members of this body is dealing with is the problem of spend- hicle for the enterprise zone provisions in re- vote in the affirmative, we will have ing, pork barrel spending in appropria- sponse to the Los Angeles riots. passed it. If less than 290 vote in the af- tions bills that I believe should be By the time it was on the President’s desk, firmative, we will have 4 other amend- taken out. it was a huge bill containing over 50 special ments that are made in order and I think that the President should interest provisions. My understanding is that the cost of the special interest provi- whichever of those 4 gets the majority have the authority with the line item veto to remove pork barrel spending sions exceeded the cost of the supposed cor- vote will be the vote on final passage nerstone of that bill, the enterprise zone pro- for the two-thirds requirement some- from appropriation items. I also feel very strongly, though, Mr. visions that we all thought was the real rea- time early tomorrow evening. son for our having considered that particular This colloquy this evening on the Speaker, that the President should, in tax bill. House floor has the potential to go addition to having the power to remove Several weeks ago during initial consider- down in history as the most important pork barrel spending, that the Presi- ation of this matter, a group of freshman colloquy that has ever been heard in dent should have the additional power Members on the Democratic side of aisle this chamber in terms of fiscal respon- to remove tax expenditures or special asked that an amendment be made in order sibility. It is not of the same signifi- tax breaks that are given through our to the base bill that included presidential au- thority to repeal tax expenditures. There cance as declarations of war, which we Tax Code as well. was also an effort by members of the Com- have had in the early 1940’s and some of This is not a new concept. In fact, be- cause I am relatively new in the House, mittee on Appropriations to give the Presi- those types of debates, but in terms of dent such authority. They, like myself, have fiscal responsibility and our children’s I thought it would be smart for me to been precluded from raising the tax issue in future to have the same type of eco- draw on some expertise of far more the base bill. nomic opportunity that we have had, it learned Members of this House to try Now, you are going to hear several argu- is important. to come up with the language to make ments why you should not vote for this If the American people agree with sure that the people in this body do not amendment. You will hear that it is uncer- the distinguished Members that have use our Tax Code to create what are in tain what I mean by the term ‘targeted tax participated with us this evening of its essence tax expenditures and lowering benefits.’ Well, I can assure you I know one importance and if they take advantage the amount of money we have in our when I see one, and so do you. I am talking treasury and increasing the size of our about special interest tax items, tax pork, of the opportunity to express their se- tax loopholes, tax carve-outs, Members’ rious demand that we pass the tax lim- national deficit and our national debt projects, special tax exemptions, et cetera, itation balanced budget amendment, through the Tax Code. et cetera. we will do so. So the perfect person to call on in I am talking about tax goodies, the kind of I want to thank the gentleman from order to come up with the exact lan- things that insiders get in abundance and New York for having the first special guage is the former minority leader, the regular taxpayers get in the neck. order and the gentleman from Indiana Mr. Michel, a person who was very well I am talking about a wind and a nod and a and the gentleman from South Caro- respected throughout this institution, nudge and all the other political insider body lina and the gentleman from California who also was very concerned with this language that says, give me a break because and all the other distinguished gentle- issue. I am somebody special. There are big, big bucks associated with men and gentlewomen that have par- He raised this issue last year in the these sweetheart tax provisions, believe me. ticipated this evening and simply ask expedited rescissions bill that we con- If you agree that the President should not be that they really search their con- sidered. Actually it was in 1993, as I re- held hostage to special interests and tax bills sciences and come prepared tomorrow call, but he was concerned with this as well as appropriation bills, then support January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 687 my amendment today. When we see that I am willing to give that to President is that although the Republicans are whopping big tax bill coming down the pike Clinton, President Carter, as I proposed quick to say ‘‘Let’s get rid of the pork later this year, you better believe that it is earlier, and yes, certainly my own barrel spending projects in Members’ going to be loaded with lots of tax goodies, if President. I do not want to hamstring districts,’’ which I agree with, and that it is going to get any mileage in either one of the bodies of the Congress. any President to the degree that they is why I support the line item veto, In order to get the votes to pass it, I can would not have their kind of ability to that they are very hesitant to say, assure you, as I said, that members of the use a good management tool that 43 of ‘‘Let’s get rid of special tax breaks for committee, particularly the chairman, are our Governors are currently using to wealthy individuals.’’ going to be under immense pressure to do their advantage. I think if we are going to have a com- just these kind of things that ought not to be Again, I continue to read from Mr. plete bill, an honest bill, a bill that we done. My amendment would add some ac- Michel’s statement, and I think the can all be proud of to take home to our countability in the tax area as is provided in next paragraph is important: constituents, that it is imperative that the appropriation area. The second argument that you will hear Quite frankly, if you are for special inter- we follow what the Members of the now against my amendment is that it raises con- ests, then vote against my amendment. If Majority party were pushing two years stitutional questions. Well, when these con- you are for a more complex tax code, then ago: that we include in this bill real stitutional questions arose during my testi- vote against my amendment. Now, if you be- power for the President to get rid of mony before the Government Operations lieve that the President should not be held these special tax breaks. hostage to special interests, then I say vote Committee, I contacted a well-regarded con- To do so I think is going to require stitutional expert, Mr. Bruce Fein, for his for my amendment today. It will make a bet- ter piece of legislation. some courage on the part of Members opinion on the matter. of the other side of the aisle, who thus Mr. Speaker, I read this to you be- b far this session have not shown any 1050 cause I think it is very important as willingness to vote independently from Mr. Speaker, I would like to quote we prepare for the debate on the line the leadership. However, I think they from a March 16 letter that I have re- item veto that we do not forget the can do it. ceived from him relative to the bill problem of tax expenditures. Quite I think if we are serious about the that I introduced. This is what he said: frankly, the bill that is moving deficit, and we just heard four or five through this House at lightning speed The purpose of the President’s targeted tax Members talking about the deficit and authority is unquestionably legitimate, to does not deal sufficiently with the the debt, that this is another tool that assist in attacking ballooning budget defi- issue of tax expenditures. we have to have, so I would ask the cits. The method is plainly adapted to that Let me tell you how the bill deals Members of this body, and in particular end, enabling the President to veto only the with it. As originally drafted, it said mischievous portions of a revenue bill that those who look at this issue, to recon- the President would have the authority he might otherwise sign because of offsetting sider their assistance. to line item a tax expenditure if the attractions. I will be presenting this, along with number of people who benefitted from The authority does not usurp legislative other Members, to the Committee on it were fewer than five. power. Congress may override a targeted Rules, and ironically, looking at the veto. Further, at any time it may, by legisla- That is ridiculous, because many of Committee on Rules, the makeup of tion, rescind the President’s targeted veto these tax expenditures apply to cor- the Committee on Rules, 9 of the 12 power. Moreover, insofar as the bill dele- porations, apply to individuals, and members on the Committee on Rules gates legislative revenue power to the Presi- with 260-plus million people in this dent, it contains sufficient standards to voted for this amendment last year. As country, you are not going to have a guide the exercise of delegation to pass con- the gentleman from Illinois [Mr. tax provision that is going to only stitutional muster. Michel], indicated, it crossed party apply to fewer than five people. In lines. This is not a partisan issue, it is Now on these grounds, I believe that committee today we raised that to 100, a bipartisan issue, and it should have I have a legitimate legal and constitu- which I still think is woefully inad- bipartisan support. tional basis upon which to offer my equate. amendment. In fact, the gentleman from Penn- f Mr. Speaker, I would like to reiterate sylvania [Mr. CLINGER], who is the RULES OF PROCEDURE FOR THE once more that I believe the President chairman of our committee, last year COMMITTEE ON COMMERCE FOR of either party should have the option testified or spoke on the floor in sup- THE 104TH CONGRESS to get at special interest provisions in port of the amendment of the gen- both appropriations and tax bills. It is tleman from Illinois [Mr. Michel], and (Mr. BLILEY asked and was given a good management tool, both on the he said: permission to extend his remarks at appropriations side and on the tax side. this point in the RECORD and to include It is not one of those issues, quite I agree with the Minority Leader that it is important that the President be able to sin- extraneous matter.) frankly, that divides along political gle out both excessive and unnecessary Mr. BLILEY. Mr. Speaker, pursuant to the lines. I have heard Members in the ear- spending, and special sweetheart tax provi- requirements of clause 2 of rule XI of the lier debate mentioning, conservative sions, for an individual vote. Often such pro- Rules of the House of Representatives, I here- Members on my side who have an abso- visions are buried in large bills and Members by submit for publication in the CONGRES- may not even be aware of each of these indi- lute opposition to a line item veto, and SIONAL RECORD the rules of the Committee on vidual provisions when they vote on a I respect them for their feelings on Commerce for the 104th Congress, as adopt- that score nonmiscellaneous bill. The American people hear of these special ed by the committee in open session on Janu- People ask me, ‘‘BOB, why would you tax giveaways only after they take effect, ary 10, 1995. give up your legislative authority to an and they are outraged at the arrogance of RULES FOR THE COMMITTEE ON COMMERCE all-powerful Chief Executive?’’ I will Congress to give special deals to special RULE 1. GENERAL PROVISIONS say, ‘‘Because we have loused it up friends. A meaningful way to strike these here in the Congress. That is why.’’ If provisions from omnibus tax bills is one way (a) Rules of the Committee. The Rules of 43 Governors have the power to use to for the government to reclaim the respect of the House are the rules of the Committee on the American people. Commerce (hereinafter ‘‘the Committee’’) good advantage, then why should we and its subcommittees so far as is applicable, not give it to the President of the Unit- That is what he said last session, in except that a motion to recess from day to ed States? support of this very amendment that day, and a motion to dispense with the first When Jimmy Carter was President I today was voted down in the Commit- reading (in full) of a bill or resolution, if said, ‘‘If you don’t want to give him au- tee on Government Reform and Over- printed copies are available, are thority for a complete line item veto, sight. nondebatable motions of high privilege in give him at least authority to reduce So what is going on here? Why do we the Committee and its subcommittees. items by some arbitrary figure—10, 15, have this sudden change in the treat- (b) Rules of the Subcommittees. Each sub- committee of the Committee is part of the 50 percent—if you want to hold on jeal- ment of tax expenditures, now that the Committee and is subject to the authority ously to your power.’’ Republicans are in the majority? and direction of the Committee and to its But it is a management tool to try I hope I am wrong, Mr. Speaker, I rules so far as applicable. Written rules and save some bucks around here, and sincerely hope I am wrong, but my fear adopted by the Committee, not inconsistent H 688 CONGRESSIONAL RECORD — HOUSE January 25, 1995 with the Rules of the House, shall be binding cial cases provided in the Rules of the House present law, and a summary of the need for on each subcommittee of the Committee. where closed sessions are otherwise provided. the legislation. All subcommittee actions RULE 2. TIME AND PLACE OF MEETINGS (e) Regular Meeting of the Chairmen. At shall be reported promptly by the clerk of (a) Regular Meeting Days. The Committee least once a month, the chairman shall con- the Committee to all members of the Com- shall meet on the fourth Tuesday of each vene a meeting of the chairmen of the sub- mittee. month at 10 a.m., for the consideration of committees. The purpose of the meeting will (e) Opening statements by members at the bills, resolutions, and other business, if the be to discuss issues pending before the Com- beginning of any hearing of the Committee House is in session on that day. If the House mittee and the procedures for Committee or any of its subcommittees shall be limited is not in session on that day and the Com- and subcommittee consideration of such to 5 minutes each for the chairman and mittee has not met during such month, the matters. This discussion may include, among ranking minority member (or their respec- Committee shall meet at the earliest prac- other items, the scheduling of hearings and tive designee) of the Committee or sub- ticable opportunity when the House is again meetings, questions of subcommittee juris- committee, as applicable, and 3 minutes each in session. The chairman of the Committee diction, and the conduct of joint subcommit- for all other members. tee hearings. may, at his direction, cancel, delay or defer RULE 5. WAIVER OF AGENDA, NOTICE, AND RULE 3. AGENDA any meeting required under this section, LAYOVER REQUIREMENTS after consultation with the ranking minority The agenda for each Committee or sub- Requirements of rules 3, 4(a)(2), and 4(d) member. committee meeting (other than a hearing), may be waived by a majority of those (b)(1) Additional Meetings. The chairman setting out the date, time, place, and all present and voting (a majority being may call and convene, as he considers nec- items of business to be considered, shall be present) of the Committee or subcommittee, essary, additional meetings of the Commit- provided to each member of the Committee as the case may be. tee for the consideration of any bill or reso- by delivery to his or her office at least 36 lution pending before the Committee or for hours in advance of such meeting. RULE 6. QUORUM the conduct of other Committee business. RULE 4. PROCEDURE Testimony may be taken and evidence re- The Committee shall meet for such purposes (a)(1) The date, time, place, and subject ceived at any hearing at which there are pursuant to that call of the chairman. matter of any hearing of the Committee or present not fewer than two members of the (b)(2) Special Meetings. If at least three any of its subcommittees shall be announced Committee or subcommittee in question. In members of the Committee or subcommittee the case of a meeting other than a hearing, (which is applicable) desire that a special at least 1 week in advance of the commence- ment of such hearing, unless the Committee the number of members constituting a meeting of the Committee or subcommittee quorum shall be one-third of the members of (whichever is applicable) be called by the or subcommittee determines in accordance with such procedure as it may prescribe, the Committee or subcommittee, as the case chairman or subcommittee chairman, those may be, except that a matter may not be re- members may file in the offices of the Com- that there is good cause to begin the hearing ported by the Committee or a subcommittee mittee their written request to the chairman sooner. unless a majority of the members thereof is or subcommittee chairman for that special (2)(A) The date, time, place, and subject actually present. meeting. Such request shall specify the matter of any meeting (other than a hearing) measure or matter to be considered. Imme- scheduled on a Tuesday, Wednesday, or RULE 7. PROHIBITION AGAINST PROXY VOTING Thursday when the House will be in session, diately upon the filing of the request, the No vote by any member of the Committee shall be announced at least 36 hours (exclu- clerk of the Committee shall notify the or a subcommittee with respect to any meas- sive of Saturdays, Sundays and legal holi- chairman or subcommittee chairman of the ure or matter may be cast by proxy. filing of the request. If, within 3 calender days) in advance of the commencement of days after the filing of the request, the such meeting. RULE 8. JOURNAL, ROLLCALLS chairman or subcommittee chairman does (B) The date, time, place, and subject mat- (a) The proceedings of the Committee shall not call the requested special meeting to be ter of a meeting (other than a hearing or a be recorded in a journal which shall, among held within 7 calendar days after the filing of meeting to which subparagraph (A) applies) other things, show those present at each the request, a majority of the members of shall be announced at least 72 hours in ad- meeting, and include a record of the votes on the Committee or subcommittee (whichever vance of the commencement of such meet- any question on which a record vote is de- is applicable) may file in the offices of the ing. manded and a description of the amendment, Committee their written notice that a spe- (b) Each witness who is to appear before motion, order or other proposition voted. A cial meeting of the Committee or sub- the Committee or a subcommittee shall file copy of the journal shall be furnished to the committee (whichever is applicable) will be with the clerk of the Committee or a sub- ranking minority member. A record vote held, specifying the date and hour thereof, committee, at least 2 working days in ad- may be demanded by one-fifth of the mem- and the measure or matter to be considered vance of his or her appearance, 75 copies of a bers present or, in the apparent absence of a at that special meeting. The Committee or written statement of his or her proposed tes- quorum, by any one member. No demand for subcommittee (whichever is applicable) shall timony and shall limit his or her oral presen- a rollcall shall be made or obtained except meet on that date and hour. Immediately tation to a brief summary of the argument, for the purpose of procuring a record vote or upon the filing of the notice, the clerk of the unless this requirement, or any part thereof in the apparent absence of a quorum. The re- Committee shall notify all members of the is waived by the Committee or subcommit- sult of each rollcall vote in any meeting of Committee or subcommittee (whichever is tee chairman or the presiding member. the Committee shall be made available in applicable)— that such meeting will be held (c) The right to interrogate the witnesses the Committee office for inspection by the and inform them of its date and hour and the before the Committee or any of its sub- public, as provided in Rule X1, clause 2(e) of measure or matter to be considered and only committees shall alternate between major- the Rules of the House. the measure or matter specified in that no- ity and minority members. Each member (b) Archived Records. The records of the tice may be considered at that specified shall be limited to 5 minutes in the interro- Committee at the National Archives and meeting. gation of witnesses until such time as each Records Administration shall be made avail- (c) Vice Chairman; Presiding Member. The member who so desires has had an oppor- able for public use in accordance with Rule chairman shall designate a member of the tunity to question witnesses. No member XXXVI of the Rules of the House. The chair- majority party to serve as vice chairman of shall be recognized for a second period of 5 man shall notify the ranking minority mem- the Committee, and shall designate a major- minutes to interrogate a witness until each ber of any decision, pursuant to clause 3(b)(3) ity member of each subcommittee to serve member of the Committee present has been or clause 4(b) of the rule, to withhold a as vice chairman of each subcommittee. The recognized once for that purpose. While the record otherwise available, and the matter vice chairman of the Committee or sub- Committee or subcommittee is operating shall be presented to the Committee for a de- committee, as the case may be, shall preside under the 5-minute rule for the interrogation termination on the written request of any at any meeting or hearing during the tem- of witnesses, the chairman shall recognize in member of the Committee. The chairman porary absence of the chairman. If the chair- order of appearance members who were not shall consult with the ranking minority man and vice chairman of the Committee or present when the meeting was called to order member on any communication from the Ar- subcommittee are not present at any meet- after all members who were present when the chivist of the United States or the Clerk of ing or hearing, the ranking member of the meeting was called to order have been recog- the House concerning the disposition of majority party who is present shall preside nized in the order of seniority on the Com- noncurrent records pursuant to clause 3(b) of at the meeting or hearing. mittee or subcommittee, as the case may be. the rule. (d) Open Meetings and Hearings. Each (d) No bill, recommendation, or other mat- meeting of the Committee or any of its sub- ter reported by a subcommittee shall be con- RULE 9. FILING OF COMMITTEE REPORTS committees for the transaction of business, sidered by the full Committee unless the text If, at the time of approval of any measure including the markup of legislation, and of the matter reported, together with an ex- or matter by this Committee, any member or each hearing, shall be open to the public in- planation, has been available to members of members of the Committee should give no- cluding to radio, television and still photog- the Committee for at least 36 hours. Such ex- tice of an intention to file supplemental, mi- raphy coverage, consistent with the provi- planation shall include a summary of the nority, or additional views, that member sions of Rule XI of the Rules of the House. major provisions of the legislation, an expla- shall be entitled to not less than 3 calendar This paragraph does not apply to those spe- nation of the relationship of the matter to days (exclusive of Saturdays, Sundays, and January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 689 legal holidays) in which to file such views in committee of which they are not assigned as RULE 17. SUPERVISION, DUTIES OF STAFF writing and signed by that member or mem- members. (a) The professional and clerical staff of bers with the Committee. All such views so RULE 15. SUBCOMMITTEE CHAIRMEN the Committee not delegated to the minority filed shall be included within and shall be a shall be under the supervision and direction (a) The chairman shall nominate a slate of part of the report filed by the Committee of the chairman who, in consultation with chairmen for the standing subcommittees. with respect to that measure or matter. the chairmen of the subcommittees, shall es- The chairman’s slate shall be subject to ap- RULE 10. SUBCOMMITTEES tablish and assign the duties and responsibil- proval by a majority of the majority party There shall be such standing subcommit- ities of such staff members and delegate such caucus of the Committee. If the chairman’s tees with such jurisdiction and size as deter- authority as he determines appropriate. initial slate is not approved by a majority, mined by the majority party caucus of the (b) The professional and clerical staff as- the chairman shall present an alternative Committee. The jurisdiction, number, and signed to the minority shall be under the su- slate of nominations until a slate is approved size of the subcommittees shall be deter- pervision and direction of the minority by a majority of the majority party caucus. mined by the majority party caucus prior to members of the Committee, who may dele- (b) The chairman, in his discretion, shall the start of the process for establishing sub- gate such authority as they determine ap- designate which member shall manage legis- committee chairmanships and assignments. propriate. lation reported by the Committee to the RULE 11. POWERS AND DUTIES OF House. RULE 18. COMMITTEE BUDGET SUBCOMMITTEES (c) The chairman of the Committee may (a) The chairman of the Committee, after Each subcommittee is authorized to meet, make available to the chairman of any sub- consultation with the ranking minority hold hearings, receive testimony, mark up committee office equipment and facilities member of the Committee and the chairmen legislation, and report to the Committee on which have been provided to him and for of the subcommittees, shall for the 104th all matters referred to it. Subcommittee which he is personally responsible, subject to Congress prepare a preliminary budget for chairmen shall set hearing and meeting such terms and conditions as the chairman the Committee, with such budget including dates only with the approval of the chairman deems appropriate. necessary amounts for professional and cleri- of the Committee with a view toward assur- cal staff, travel, investigations, equipment RULE 16. COMMITTEE PROFESSIONAL AND ing the availability of meeting rooms and and miscellaneous expenses of the Commit- CLERICAL STAFF APPOINTMENTS avoiding simultaneous scheduling of Com- tee and the subcommittees, and which shall mittee and subcommittee meetings or hear- (a) Whenever the chairman of the Commit- be adequate to fully discharge the Commit- ings wherever possible. tee determines that any professional staff tee’s responsibilities for legislation and over- RULE 12. REFERENCE OF LEGISLATION AND member appointed pursuant to the provi- sight. Such budget shall be presented by the OTHER MATTERS sions of clause 6 of Rule XI of the House of chairman to the majority party caucus of All legislation and other matters referred Representatives, who is assigned to such the Committee and thereafter to the full to the Committee shall be referred to the chairman and not to the ranking minority Committee for its approval. subcommittee of appropriate jurisdiction im- member, by reason of such professional staff (b) The chairman shall take whatever ac- mediately unless, by majority vote of the member’s expertise or qualifications will be tion is necessary to have the budget as fi- members of the Committee within 5 legisla- of assistance to one or more subcommittees nally approved by the Committee duly au- tive days, consideration is to be by the full in carrying out their assigned responsibil- thorized by the House. No proposed Commit- Committee. In the case of legislation or ities, he may delegate such member to such tee budget may be submitted to the House other matter within the jurisdiction of more subcommittees for such purpose. A delega- Committee on Oversight unless it has been than one subcommittee, the chairman of the tion of a member of the professional staff presented to and approved by the majority Committee may, in his discretion, refer the pursuant to this subsection shall be made party caucus and thereafter by the full Com- matter simultaneously to two or more sub- after consultation with the subcommittee mittee. The chairman of the Committee may committees for concurrent consideration, or chairmen and with the approval of the sub- authorize all necessary expenses in accord- may designate a subcommittee of primary committee chairman or chairmen involved. ance with these rules and within the limits jurisdiction and also refer the matter to one (b) Professional staff members appointed of the Committee’s budget as approved by or more additional subcommittees for con- pursuant to clause 6 of Rule XI of the House the House. sideration in sequence (subject to appro- of Representatives, who are assigned to the (c) Committee members shall be furnished priate time limitations), either on its initial ranking minority party member of the Com- a copy of each monthly report, prepared by referral or after the matter has been re- mittee and not to the chairman of the Com- the chairman for the House Committee on ported by the subcommittee of primary ju- mittee, shall be assigned to such Committee Oversight, which shows expenditures made risdiction. Such authority shall include the business as the minority party members of during the reporting period and cumulative authority to refer such legislation or matter the Committee consider advisable. for the year by the Committee and sub- to an ad hoc subcommittee appointed by the (c) In addition to the professional staff ap- committees, anticipated expenditures for the chairman, with the approval of the Commit- pointed pursuant to clause 6 of Rule XI of projected Committee program, and detailed tee, from the members of the subcommittees the House of Representatives, the chairman information on travel. having legislative or oversight jurisdiction. of the Committee shall be entitled to make RULE 19. BROADCASTING OF COMMITTEE RULE 13. RATIO OF SUBCOMMITTEES such appointments to the professional and clerical staff of the Committee as may be HEARINGS The majority caucus of the Committee provided within the budget approved for such Any meeting or hearing that is open to the shall determine an appropriate ratio of ma- purposes by the committee. Such appointee public may be covered in whole or in part by jority to minority party members for each shall be assigned to such business of the full radio or television or still photography, sub- subcommittee and the chairman shall nego- Committee as the chairman of the Commit- ject to the requirements of Rule XI, clause 3 tiate that ratio with the minority party, pro- tee considers advisable. of the Rules of the House. The coverage of vided that the ratio of party members on (d) The chairman shall ensure that suffi- any hearing or other proceeding of the Com- each subcommittee shall be no less favorable cient staff is made available to each sub- mittee or any subcommittee thereof by tele- to the majority than that of the full Com- committee to carry out its responsibilities vision, radio, or still photography shall be mittee, nor shall such ratio provide for a ma- under the rules of the Committee. under the direct supervision of the chairman jority of less than two majority members. (e) The chairman shall ensure that the mi- of the Committee, the subcommittee chair- RULE 14. SUBCOMMITTEE MEMBERSHIP nority members of the Committee are treat- man, or other member of the Committee pre- (a) The majority party members of the ed fairly in appointment of Committee staff. siding at such hearing or other proceeding standing subcommittees shall be selected by (f) Any contract for the temporary services and may be terminated by him in accordance a process determined by the majority party or intermittent services of individual con- with the Rules of the House. members. The selection of majority party sultants or organizations to make studies or RULE 20. COMPTROLLER GENERAL AUDITS members of the standing subcommittees advise the Committee or its subcommittees The chairman of the Committee is author- shall be conducted at a meeting of the ma- with respect to any matter within their ju- ized to request verification examinations by jority party caucus of the Committee held risdiction shall be deemed to have been ap- the Comptroller General of the United States prior to any organizational meeting of the proved by a majority of the members of the pursuant to Title V, Part A of the Energy Committee. Committee if approved by the chairman and Policy and Conservation Act (Public Law 94– (b) The minority party members of the ranking minority member of the Committee. 163), after consultation with the members of standing subcommittees shall be selected by Such approval shall not be deemed to have the Committee. a process determined by the minority party been given if at least one-third of the mem- members. The selection of minority party bers of the Committee request in writing RULE 21. SUBPOENAS members of the standing subcommittees that the Committee formally act on such a The Committee, or any subcommittee, shall be conducted prior to any organiza- contract, if the request is made within 10 may authorize and issue a subpoena under tional meeting of the Committee. days after the latest date on which such clause 2(m)(2)(A) of Rule XI of the House of (c) The chairman and ranking minority chairman or chairmen, and such ranking mi- Representatives, if authorized by a majority member of the Committee shall be ex officio nority member or members, approve such of the members voting of the Committee or members with voting privileges of each sub- contract. subcommittee (as the case may be), a H 690 CONGRESSIONAL RECORD — HOUSE January 25, 1995

quorum being present. The chairman of the (The following Members (at the re- Mr. THOMAS of California. Committee may authorize and issue subpoe- quest of Mr. MILLER of California) to Mr. FAWELL. nas under such clause during any period for revise and extend their remarks and in- Mr. BARR. which the House has adjourned for a period clude extraneous material:) (The following Members (at the re- in excess of 3 days when, in the opinion of the chairman, authorization and issuance of Mr. OWENS, for 5 minutes, today. quest of Mr. BARRETT of Wisconsin) and the subpoena is necessary to obtain the ma- Mrs. LINCOLN, for 5 minutes, today. to include extraneous matter:) terial set forth in the subpoena. Subpoenas Ms. KAPTUR, for 5 minutes, today. Mr. PAYNE of New Jersey. may be issued over the signature of the Mr. MENENDEZ, for 5 minutes, today. Mr. FORBES. chairman of the Committee, or any member Ms. ESHOO, for 5 minutes, today. Mr. TAUZIN. of the Committee authorized by such chair- Mr. STUPAK, for 5 minutes, today. Mr. MCINNIS. man, and may be served by any person des- Mr. FALEOMAVAEGA, for 5 minutes, Mr. OLVER. ignated by such chairman or member. The today. Mr. BARR. chairman shall report to the members of the Mr. WISE, for 5 minutes, today. Committee on the authorization and issu- f ance of a subpoena during the recess period Mr. DEFAZIO, for 5 minutes, today. as soon as practicable but in no event later Mr. DE LA GARZA, for 5 minutes, ADJOURNMENT than 1 week after service of such subpoena. today. Mr. MILLER of California, for 5 min- Mr. BARRETT of Wisconsin. Mr. RULE 22. TRAVEL OF MEMBERS AND STAFF utes, today. Speaker, I move that the House do now (a) Consistent with the primary expense adjourn. resolution and such additional expense reso- Mrs. CLAYTON, for 5 minutes, today. Mr. BECERRA, for 5 minutes, today. The motion was agreed to; accord- lutions as may have been approved, the pro- ingly (at 10 o’clock and 56 minutes visions of this rule shall govern travel of Mrs. THURMAN, for 5 minutes, today. Committee members and staff. Travel to be Ms. MCKINNEY, for 5 minutes, today. p.m.), under its previous order, the reimbursed from funds set aside for the Com- Mr. KILDEE, for 5 minutes, today. House adjourned until tomorrow, mittee for any member or any staff member Mr. PASTOR, for 5 minutes, today. Thursday, January 26, 1995, at 9 a.m. shall be paid only upon the prior authoriza- Mr. CLAY, for 5 minutes, today. f tion of the chairman. Travel may be author- (The following Members (at the re- ized by the chairman for any member and quest of Mrs. CHENOWETH) to revise and EXECUTIVE COMMUNICATIONS, any staff member in connection with the at- ETC. tendance of hearings conducted by the Com- extend their remarks and include ex- mittee or any subcommittee thereof and traneous material:) Under clause 2 of rule XXIV, execu- meetings, conferences and investigations Mr. DORNAN, for 5 minutes, on Janu- tive communications were taken from which involve activities or subject matter ary 26. the Speaker’s table and referred as fol- under the general jurisdiction of the Com- Mr. GRAHAM, for 5 minutes, today. lows: mittee. Before such authorization is given Mr. RIGGS, for 5 minutes, today. 195. A letter from the Under Secretary of there shall be submitted to the chairman in Mr. KINGSTON, for 5 minutes, today. writing the following: (1) The purpose of the Defense—Comptroller, transmitting a report Mr. BLILEY, for 5 minutes, today. of a violation of the Anti-Deficiency Act travel; (2) The dates during which the travel (The following Member (at his own is to be made and the date or dates of the which occurred in the Department of the event for which the travel is being made; (3) request) to revise and extend his re- Army, pursuant to 31 U.S.C. 1517(b); to the The location of the event for which the trav- marks and include extraneous mate- Committee on Appropriations. el is to be made; and (4) The names of mem- rial:) 196. A letter from the Under Secretary of bers and staff seeking authorization. Mr. LOBIONDO, for 5 minutes, today. Defense—Comptroller, transmitting a report of a violation of the Anti-Deficiency Act (b) In the case of travel of members and f staff of a subcommittee to hearings, meet- which occurred in the Department of the ings, conferences, and investigations involv- EXTENSION OF REMARKS Army, pursuant to 31 U.S.C. 1517(b); to the Committee on Appropriations. ing activities or subject matter under the By unanimous consent, permission to legislative assignment of such subcommittee 197. A letter from the Assistant Secretary to be paid for out of funds allocated to such revise and extend remarks was granted for Economic Security, Department of De- subcommittee, prior authorization must be to: fense, transmitting the strategic and critical obtained from the subcommittee chairman (The following Members (at the re- materials report during the period October and the chairman. Such prior authorization quest of Mr. MILLER of California) and 1993 through September 1994, pursuant to 50 shall be given by the chairman only upon the to include extraneous matter:) U.S.C. 98h–2(b); to the Committee on Na- tional Security. representation by the applicable chairman of Mr. LANTOS. the subcommittee in writing setting forth 198. A letter from the Acting Director, Of- Mr. DINGELL. fice of Thrift Supervision, transmitting in- those items enumerated in (1), (2), (3), and (4) Mr. TOWNS. of paragraph (a). formation on changes in district offices; to Mr. NEAL. (c) In the case of travel by minority party the Committee on Banking and Financial members and minority party professional Mr. KANJORSKI. Services. staff for the purpose set out in (a) or (b), the Mr. HAMILTON in three instances. 199. A letter from the Comptroller General prior approval, not only of the chairman but Mr. WILSON. of the United States, General Accounting Of- also of the ranking minority party member, Mr. UNDERWOOD in two instances. fice, transmitting the Comptroller General’s 1994 annual report, pursuant to 31 U.S.C. shall be required. Such prior authorization Ms. JACKSON LEE. shall be given by the chairman only upon the 719(a); to the Committee on Government Re- Mrs. KENNELLY. form and Oversight . representation by the ranking minority Mr. SKELTON. party member in writing setting forth those 200. A letter from the Chairman, Agri- Mr. MINETA. items enumerated in (1), (2), (3), and (4) of culture and Transportation Barriers Compli- paragraph (a). Mr. JACOBS. ance Board, transmitting the 1994 annual re- Ms. SLAUGHTER. port in compliance with the Inspector Gen- f Mr. TOWNS. eral Act Amendments of 1988, pursuant to Mr. REED. Public Law 95–452, section 5(b) (102 Stat. LEAVE OF ABSENCE 2526); to the Committee on Government Re- Mr. MARTINEZ. form and Oversight. By unanimous consent, leave of ab- Mr. SERRANO in three instances. sence was granted to: 201. A letter from the Co-Chairman, Appa- (The following Members (at the re- lachian Regional Commission, transmitting Mr. BISHOP (at the request of Mr. quest of Mrs. CHENOWITH) and to in- the semiannual report on activities of the in- GEPHARDT) for today, on account of clude extraneous matter:) spector general for the period April 1, 1994, family illness. Mr. FIELDS of Texas. through September 30, 1994, pursuant to Pub- f Mr. DAVIS. lic Law 95–452, section 5(b) (102 Stat. 2526); to Mr. DICKEY. the Committee on Government Reform and Oversight. SPECIAL ORDERS GRANTED Mr. FRANKS of New Jersey. 202. A letter from the Executive Secretary, By unanimous consent, permission to Mr. QUINN. Barry M. Goldwater Scholarship, transmit- address the House, following the legis- Mr. PACKARD. ting the annual report under the Federal lative program and any special orders Mr. COX. Managers’ Financial Integrity Act for fiscal heretofore entered, was granted to: Mr. GALLEGLY. year 1994, pursuant to 31 U.S.C. 3512(c)(3); to January 25, 1995 CONGRESSIONAL RECORD — HOUSE H 691 the Committee on Government Reform and 3512(c)(3); to the Committee on Government By Mrs. MALONEY: Oversight. Reform and Oversight. H.R. 674. A bill to provide that a spouse, 203. A letter from the Chairman, Consumer 216. A letter from the Staff Director, U.S. former spouse, surviving spouse, or surviving Product Safety Commission, transmitting Commission on Civil Rights, transmitting former spouse may qualify for retirement, the annual report under the Federal Man- the annual report under the Federal Man- survivor, and health under the Foreign Serv- agers’ Financial Integrity Act for fiscal year agers’ Financial Integrity Act for fiscal year ice Act if the Foreign Service participant is 1994, pursuant to 31 U.S.C. 3512(c)(3); to the 1994, pursuant to 31 U.S. 3512(c)(3); to the disqualified for such benefits for reasons of Committee on Government Reform and Committee on Government Reform and misconduct or disloyalty to the United Oversight. Oversight. States; to the Committee on International 204. A letter from the Chairman, Defense 217. A letter from the Director, Adminis- Relations, and in addition to the Committee Nuclear Facilities Safety Board, transmit- trative Office of the U.S. Courts; transmit- on Government Reform and Oversight, for a ting the annual report under the Federal ting the Judicial Conference of the United period to be subsequently determined by the Managers’ Financial Integrity Act for fiscal States biennial report to the Congress on the Speaker, in each case for consideration of year 1994, pursuant to 31 U.S.C. 3512(c)(3); to continuing need for all authorized bank- such provisions as fall within the jurisdic- the Committee on Government Reform and ruptcy judgeships, pursuant to 28 U.S.C. tion of the committee concerned. Oversight. 152(b)(3); to the Committee on the Judiciary. By Mr. MINETA (for himself and Ms. 205. A letter from the Deputy Secretary of 218. A letter from the Assistant Secretary ESHOO): Defense, transmitting the annual report for Legislative Affairs, Department of State, H.R. 675. A bill to amend the Securities Ex- transmitting notification of additional pro- under the Federal Managers’ Financial In- change Act of 1934 to provide certain safe- tegrity Act for fiscal year 1994, pursuant to gram proposals for purposes of nonprolifera- guards to ensure that the interests of inves- 31 U.S.C. 3512(c)(3); to the Committee on tion and disarmament fund activities, pursu- tors are well protected under the implied pri- Government Reform and Oversight. ant to 22 U.S.C. 5858; jointly, to the Commit- vate action provisions of the act; to the 206. A letter from the Administrator, Envi- tees on International Relations and Appro- Committee on Commerce, and in addition to ronmental Protection Agency, transmitting priations. the Committee on the Judiciary, for a period the annual report under the Federal Man- 219. A letter from the Director, Office of to be subsequently determined by the Speak- agers’ Financial Integrity Act for fiscal year Management and Budget, transmitting his er, in each case for consideration of such pro- 1994, pursuant to 31 U.S.C. 3512(c)(3); to the certification that the amounts appropriated visions as fall within the jurisdiction of the Committee on Government Reform and for the Board for International Broadcasting committee concerned. Oversight. for grants to Radio Free Europe/Radio Lib- By Mr. NADLER: 207. A letter from the Chairman, Equal erty, Inc., are less than the amount nec- Employment Opportunity Commission, essary to maintain the budgeted level of op- H.R. 676. A bill to require the Secretary of transmitting the annual report under the eration because of exchange rate losses in the Interior and the Secretary of Agriculture Federal Managers’ Financial Integrity Act the fourth quarter of fiscal year 1994, pursu- to establish grazing fees at fair market for fiscal year 1994, pursuant to 31 U.S.C. ant to 22 U.S.C. 2877(a)(2); jointly, to the value; to the Committee on Resources. 3512(c)(3); to the Committee on Government Committees on International Relations and By Mr. NEAL of Massachusetts: Reform and Oversight. Appropriations. H.R. 677. A bill to amend the Internal Rev- enue Code of 1986 to repeal the special $15 208. A letter from the Chairman, Farm f Credit Administration, transmitting the an- million limitation on the amount of a tax- nual report under the Federal Managers’ Fi- PUBLIC BILLS AND RESOLUTIONS exempt bond issue which may be used to pro- nancial Integrity Act for fiscal year 1994, vide an output facility; to the Committee on Under clause 5 of rule X and clause 4 Ways and Means. pursuant to 31 U.S.C. 3512(c)(3); to the Com- of rule XXII, public bills and resolu- mittee on Government Reform and Over- By Mr. PORTER: sight. tions were introduced and severally re- H.R. 678. A bill to amend the Congressional 209. A letter from the Chairman, Farm ferred as follows: Budget and Impoundment Control Act of 1974 Credit System Insurance Corporation, trans- By Mr. MCCOLLUM: to provide for the expedited consideration of mitting the annual report under the Federal H.R. 665. A bill to control crime by manda- certain proposed cancellations of budget Managers’ Financial Integrity Act for fiscal tory victim restitution; to the Committee on items; to the Committee on Government Re- year 1994, pursuant to 31 U.S.C. 3512(c)(3); to the Judiciary. form and Oversight, and in addition to the the Committee on Government Reform and H.R. 666. A bill to control crime by exclu- Committee on Rules, for a period to be sub- Oversight. sionary rule reform; to the Committee on sequently determined by the Speaker, in 210. A letter from the Chairman, Federal the Judiciary. each case for consideration of such provi- Communications Commission, transmitting H.R. 667. A bill to control crime by incar- sions as fall within the jurisdiction of the the annual report under the Federal Man- cerating violent criminals; to the Committee committee concerned. agers’ Financial Integrity Act for fiscal year on the Judiciary. By Mr. SAXTON (for himself, Mr. 1994, pursuant to 31 U.S.C. 3512(c)(3); to the H.R. 668. A bill to control crime by further PALLONE, Mr. ZIMMER, Mrs. ROUKEMA, Committee on Government Reform and streamlining deportation of criminal aliens; Mr. FRANKS of New Jersey, Mr. Oversight. to the Committee on the Judiciary. FRELINGHUYSEN, Mr. LOBIONDO, Mr. 211. A letter from the Chairman, National By Mr. BOEHNER: MARTINI, and Mr. SMITH of New Jer- Transportation Safety Board, transmitting H.R. 669. A bill to repeal the Perishable Ag- sey): the annual report under the Federal Man- ricultural Commodities Act, 1930; to the H.R. 679. A bill to amend the Federal Water agers’ Financial Integrity Act for fiscal year Committee on Agriculture. Pollution Control Act to make Barnegat 1994, pursuant to 31 U.S.C. 3512(c)(3); to the By Mr. COLEMAN: Bay, NJ, eligible for priority consideration Committee on Government Reform and H.R. 670. A bill to waive certain statutory under the national estuary program; to the Oversight. time limitations with respect to the award of Committee on Transportation and Infra- 212. A letter from the Director, Office of military decorations in the case of the award structure. Personnel Management, transmitting the Of- of the Medal of Honor to Marcelino Serna; to By Mr. SOLOMON (for himself and Mr. fice’s report on its health promotion and dis- the Committee on National Security. MCNULTY): ease prevention activities for Federal civil- By Mr. FALEOMAVAEGA (for himself, H.R. 680. A bill to extend the time for con- ian employees; to the Committee on Govern- Mr. RICHARDSON, Mr. WILLIAMS, Mr. struction of certain FERC licensed hydro ment Reform and Oversight. MILLER of California, and Mr. projects; to the Committee on Commerce. 213. A letter from the Administrator, Pan- DEFAZIO): By Mr. TAUZIN (for himself, Mr. HALL ama Canal Commission, transmitting the an- H.R. 671. A bill to provide for administra- of Texas, Mr. TOWNS, Mr. RUSH, and nual report under the Federal Managers’ Fi- tive procedures to extend Federal recogni- Mr. BROWN of Ohio): nancial Integrity Act for fiscal year 1994, tion to certain Indian groups, and for other H.R. 681. A bill to amend the Securities Ex- pursuant to 31 U.S.C. 3512(c)(3); to the Com- purposes; to the Committee on Resources. change Act of 1934 in order to reform private mittee on Government Reform and Over- By Mr. FIELDS of Texas: enforcement of the Federal securities laws, sight. H.R. 672. A bill to improve recreational and for other purposes; to the Committee on 214. A letter from the Secretary of Labor, boating safety; to the Committee on Trans- Commerce, and in addition to the Committee transmitting the annual report under the portation and Infrastructure. on the Judiciary, for a period to be subse- Federal Managers’ Financial Integrity Act By Mr. GALLEGLY: quently determined by the Speaker, in each for fiscal year 1994, pursuant to 31 U.S.C. H.R. 673. A bill to establish a national com- case for consideration of such provisions as 3512(c)(3); to the Committee on Government mission to review the regular military com- fall within the jurisdiction of the committee Reform and Oversight. pensation of members of the Armed Forces concerned. 215. A letter from the Secretary, The and develop recommendations to end the de- By Mr. THOMAS (for himself and Mr. American Battle Monuments Commission, pendence of some members and their fami- NEAL of Massachusetts): transmitting the annual report under the lies on Federal and local assistance pro- H.R. 682. A bill to amend the Internal Rev- Federal Managers’ Financial Integrity Act grams; to the Committee on National Secu- enue Code of 1986 to encourage savings and for fiscal year 1994, pursuant to 31 U.S.C. rity. investment through individual retirement H 692 CONGRESSIONAL RECORD — HOUSE January 25, 1995

accounts, and for other purposes; to the spect to North-South dialogue on the Korean ARMEY, Mrs. SMITH of Washington, Mr. TATE, Committee on Ways and Means. Peninsula and the United States-North Mr. LEWIS of Kentucky, Mr. REGULA, Mr. By Mr. WILSON: Korea Agreed Framework; to the Committee LATOURETTE, Mr. SAWYER, Mr. JOHNSON of H.R. 683. A bill to extend Federal restric- on International Relations. South Dakota, Mr. FILNER, Mr. KASICH, Mr. tions on the export of unprocessed timber to By Mr. YATES: FRANKS of Connecticut, Mr. MYERS of Indi- timber harvested in the State of Texas; to H. Con. Res. 20. Concurrent resolution per- ana, Mrs. MORELLA, Mr. STUMP, Mr. WALSH, the Committee on Agriculture, and in addi- mitting the use of the rotunda of the Capitol Mr. POSHARD, Mrs. MALONEY, Mr. HYDE, Mr. tion to the Committee on International Re- for a ceremony to commemorate the days of SCARBOROUGH, Mr. MICA, Mr. DICKS, Mr. lations, for a period to be subsequently de- remembrance of victims of the Holocaust; to BUNNING of Kentucky, Mr. GEKAS, Mr. termined by the Speaker, in each case for the Committee on House Oversight. WELDON of Pennsylvania, Mr. SERRANO, Mr. consideration of such provisions as fall with- f DELLUMS, Mr. CLEMENT, Mr. GOODLING, Mr. in the jurisdiction of the committee con- FAWELL, Mr. BILIRAKIS, Mr. WATTS of Okla- cerned. ADDITIONAL SPONSORS homa, Mr. HANSEN, Mr. GONZALEZ, Mr. HALL H.R. 684. A bill to provide a minimum for of Texas, Mr. CHAPMAN, Mr. MCCOLLUM, Mr. Under clause 4 of rule XXII, sponsors payments with respect to counties in the GUNDERSON, Mr. DOOLEY, Mr. LUCAS, Mr. State of Texas from receipts from national were added to public bills and resolu- BAKER of Louisiana, Mr. WOLF, Mr. ROTH, forests; to the Committee on Agriculture. tions as follows: Mr. REYNOLDS, Mr. SAM JOHNSON, Mr. H.R. 685. A bill to prohibit exports of un- [Omitted from the Record of January 23, 1995] RAMSTAD, Ms. DANNER, Mrs. FOWLER, Mr. LA- processed timber and wood chips to any FALCE, Mr. PAYNE of New Jersey, Mr. MOAK- H.R. 5: Mr. MILLER of Florida. country that does not provide reciprocal ac- LEY, Mr. CUNNINGHAM, Mr. BROWN of Califor- cess to its markets for finished wood prod- [Submitted January 25, 1995] nia, Mrs. VUCANOVICH, Mr. FLAKE, Mr. CLAY, ucts and paper produced in the United H.R. 5: Mr. BUNN of Oregon and Mr. ROYCE. Mr. TUCKER, Mr. CHABOT, Mr. YOUNG of Flor- States; to the Committee on International H.R. 6: Mr. SAM JOHNSON, Mr. COLLINS of ida, Mr. HERGER, Mr. DELAY, Mr. BALDACCI, Relations. Georgia, Mrs. SEASTRAND, Mr. MCKEON, and Mr. HOKE, Mr. QUINN, Mr. SMITH of Michigan, H.R. 686. A bill to amend title 28, United Mr. POMBO. Mr. CRAMER, Mr. LEWIS of Georgia, Mrs. States Code, to provide for the use of volun- H.R. 7: Mr. LUCAS, Mrs. VUCANOVICH, Mr. MINK of Hawaii, Mr. GILCHREST, Mr. teers for Federal Bureau of Investigation TALENT, Mr. BAKER of Louisiana, Mr. KING, HINCHEY, Mr. EVANS, Mr. FAZIO of California, tours and at the Bureau’s training facilities, and Mr. BROWNBACK. Mr. FARR, Mr. FATTAH, Mr. COMBEST, Mr. and for other purposes; to the Committee on H.R. 10: Mr. LONGLEY, Mr. ROBERTS, Mr. MANZULLO, Ms. HARMAN, Mrs. SEASTRAND, the Judiciary. POMBO, Mr. SALMON, and Mr. GALLEGLY. Mr. GORDON, Mr. FOGLIETTA, Mr. BONIOR, Ms. H.R. 687. A bill to designate the mainte- H.R. 24: Mr. FRELINGHUYSEN. KAPTUR, Mr. JACOBS, Mr. DE LA GARZA, Mr. nance facility and future visitor center at H.R. 28: Mr. LIGHTFOOT. DREIER, Mr. BILBRAY, Mr. STOKES, Mr. EVER- the Big Thicket National Preserve as the H.R. 44: Mr. BONIOR and Ms. ESHOO. ETT, Mr. KIM, Mr. HOUGHTON, Mr. THORNTON, ‘‘Ralph W. Yarborough Center’’; to the Com- H.R. 58: Ms. DANNER. Mr. MANTON, Mr. MEEHAN, Mr. BREWSTER, mittee on Resources. H.R. 62: Mr. BLUTE, Mr. ENGLISH of Penn- Mr. MCCRERY, Mr. JEFFERSON, Mr. SKELTON, H.R. 688. A bill to require the Secretary of sylvania, Mrs. MEYERS of Kansas, Mr. FOX, Mrs. CUBIN, Mr. STOCKMAN, Mr. MILLER of Agriculture to take action to control the in- Mrs. MYRICK, Mr. CHRISTENSEN, and Mr. AN- Florida, Mr. BLUTE, and Mr. FIELDS of Texas. festation of southern pine beetles currently DREWS. H.R. 464: Mr. LIGHTFOOT and Mr. ravaging wilderness areas in the State of H.R. 70: Mr. FIELDS of Texas and Mr. SOLO- CHRISTENSEN. Texas; to the Committee on Resources, and MON. H.R. 502: Mr. GENE GREEN of Texas, Mr. in addition to the Committee on Agriculture, H.R. 76: Mr. VENTO and Mr. LIGHTFOOT. SMITH of New Jersey, and Mr. COBURN. for a period to be subsequently determined H.R. 77: Mr. LATOURETTE and Mr. ZELIFF. H.R. 593: Mr. ANDREWS. by the Speaker, in each case for consider- H.R. 130: Mr. SMITH of Texas. H.R. 663: Mr. CUNNINGHAM and Mr. NEY. ation of such provisions as fall within the ju- H.R. 208: Mr. BARTLETT of Maryland. H.J. Res. 8: Mr. INGLIS of South Carolina. risdiction of the committee concerned. H.R. 209: Mr. DOOLITTLE, Mr. KING, Mr. H.J. Res. 28: Mr. LUTHER and Mr. WELLER. H.R. 689. A bill to authorize the Secretary MCKEON, Mr. CHRYSLER, and Mr. HAYWORTH. H. Con. Res. 5: Mr. LIGHTFOOT, Mr. PACK- of Agriculture to convey certain lands in the H.R. 216: Mr. CHRISTENSEN. ARD, Mr. MOORHEAD, Mr. CRAPO, and Mrs. Sam Houston National Forest in the State of H.R. 218: Mr. BILBRAY and Mr. MCKEON. CHENOWETH. Texas to the current occupant of the lands, H.R. 326: Mr. EWING, Mr. LIPINSKI, and Mr. H. Con. Res. 12: Mr. ORTIZ. the Gulf Coast Trades Center; to the Com- ZELIFF. H. Con. Res. 17: Mr. WHITFIELD, Mr. BURR, mittee on Resources. H.R. 370: Mr. LIPINSKI, Mr. MCCRERY, Mr. and Mr. SMITH of New Jersey. By Mr. ZIMMER. ALLARD, Mr. BACHUS, Mr. ISTOOK, Mr. H. Res. 30: Mr. DANNER, Mr. WISE, Mr. H.R. 690. A bill to improve the use of risk METCALF, Mr. ZELIFF, Mr. BOEHNER, Mr. MORAN, Mr. SANDERS, Mr. SHAYS, Mr. assessment and cost-benefit analysis by Fed- ARMEY, Mr. HOUGHTON, Mr. CHRISTENSEN, Mr. UNDERWOOD, Mr. TAYLOR of North Carolina, eral agencies; to the Committee on Govern- LARGENT, Mr. FORBES, Mr. KIM, Mr. ROGERS, Mr. ROEMER, Mr. RICHARDSON, Mr. SMITH of ment Reform and Oversight, and in addition Mr. KING, Mr. LONGLEY, Mr. DICKEY, and Mr. New Jersey, Mr. BONO, Mr. WAXMAN, Mr. to the Committees on Science, and Com- GOODLATTE. MCNULTY, Mr. VENTO, Mrs. MYRICK, Mr. merce, for a period to be subsequently deter- H.R. 390: Mr. BARCIA of Michigan, Mr. WALSH, Mr. CONYERS, Mr. FROST, Mr. LEWIS mined by the Speaker, in each case for con- SCOTT, Mr. PACKARD, Mr. LAZIO of New York, of California, Mr. FARR, Mr. BROWN of Cali- sideration of such provisions as fall within Mr. FALEOMAVAEGA, Mr. GUTIERREZ, Mr. fornia, Mr. BARRETT of Wisconsin, Mr. GENE the jurisdiction of the committee concerned. BALLENGER, Mr. SANDERS, Mr. HALL of Ohio, GREEN of Texas, Mr. GOSS, Mr. FIELDS of By Mr. MCINNIS (for himself, Mr. KIM, Mr. CRANE, Mr. MCKEON, Mr. PORTMAN, Mr. Texas, Mr. DEUTSCH, Mr. KNOLLENBERG, Mr. and Mr. SOLOMON): ROGERS, Mr. COLLINS of Georgia, Mr. DURBIN, DELLUMS, Mr. ROGERS, and Mr. CALLAHAN. H. Con. Res. 19. Concurrent resolution ex- MS. VELA´ ZQUEZ, Mr. PETE GEREN of Texas, H. Res. 33: Mr. GENE GREEN of Texas and pressing the sense of the Congress with re- Mr. RANGEL, Mr. BECERRA, MS. WOOLSEY, Mr. Mr. HINCHEY. 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, WEDNESDAY, JANUARY 25, 1995 No. 15 Senate (Legislative day of Tuesday, January 10, 1995)

The Senate met at 9:30 a.m., on the business not to extend beyond the hour Congresses, move in a fiscally respon- expiration of the recess, and was called of 10:30 a.m., with the time until 10:30 sible way. Our failure to do so over the to order by the President pro tempore a.m. under the control of the Senator last good many decades has produced [Mr. THURMOND]. from Idaho [Mr. CRAIG], or his des- our Nation’s largest Federal debt of ignee. now 4.6-plus trillions of dollars. It has PRAYER The Senator from Idaho is now recog- produced an annualized deficit of near- The Chaplain, the Reverend Richard nized. ly $200 billion and an interest on debt— C. Halverson, D.D., offered the follow- f now the second-largest payment in our ing prayer: Federal budget—of nearly $300 billion a Let us pray: SCHEDULE year. In a moment of silence, let us re- Mr. CRAIG. Mr. President, thank you I think the American people spoke member Senator ALAN SIMPSON and his very much. Following the 10:30 special with fright and alarm this year, that family in the loss of his beloved moth- order, the Senate will resume consider- this Congress and its political leaders er. Two great mothers have gone from ation of S. 1, the unfunded mandates seem to be unsensitive to the contin- us recently. bill, and rollcall votes are to be ex- ued mounting of a Federal debt and the Beloved, let us love one another: for pected throughout the day, and a late potential impact that debt will have on love is of God * * *.—I John 4:7. night session should be anticipated, ac- future generations. Our Father in Heaven, we thank Thee cording to our leader. Before the President pro tempore for the beautiful differences in the (Mrs. HUTCHISON assumed the opened the Senate this morning, I human family—for its varied shapes chair.) asked him if he would address us on this issue briefly before he resumed his and sizes, its features and colors, its f abilities and talents. We thank Thee duties as chairman of a very important for Democrats and Republicans and THE NEED FOR A BALANCED committee in the Senate. Certainly, Independents. We thank Thee for lib- BUDGET AMENDMENT for all of his political life, Senator erals and conservatives, for moderates Mr. CRAIG. Mr. President, I have re- THURMOND has led this issue, has of- and radicals. Deliver us from the forces quested and gained an hour of morning fered the American people and the Con- which would destroy our unity by business under a special order today to gress of the United States the foresight eliminating our diversity. discuss the beginning of what I believe to focus on the issue of balancing the Help us to appreciate the glorious will be one of the most historic debates Federal budget, and he was the first, tapestry of life—the harmonious sym- that the Congress of the United States some 30-plus years ago, to introduce phony which we are together. Help us will engage itself in and most certainly the concept of a constitutional amend- to respect and love each other, to lis- that the 104th Congress will become in- ment for a federally balanced budget. ten and understand each other. Grant volved in. That debate will begin in the At this time, I yield to Senator us the grace to work together in the House today and will begin in the Sen- THURMOND such time as he might strategic mix that is the United States ate early next week. consume. of America. What I am talking about is an issue The PRESIDING OFFICER. The Sen- We ask this in the name of the Lord that many of us for a good number of ator from South Carolina is recognized. of Life and History. Amen. years have believed is the most impor- A BALANCED BUDGET AMENDMENT f tant issue to bring our Government Mr. THURMOND. Madam President, I back on track and to focus it on the am very pleased to say a few words on RESERVATION OF LEADER TIME priorities that the American people behalf of the constitutional amend- The PRESIDENT pro tempore. Under want us to focus on and that, of course, ment to balance the budget. I have the previous order, the leadership time is the issue of our fiscal matters and been in the Senate 40 years now and for is reserved. our spending under a balanced budget 36 of those years I have favored a con- f amendment to the Constitution of the stitutional amendment to balance the United States. budget. I worked with Senator Harry MORNING BUSINESS In November of this year, as for a Byrd, Sr., Senator Styles Bridges, The PRESIDENT pro tempore. Under good many years, the American people Harry Byrd, Jr., and many others in the previous order, there will now be a have spoken very loudly about their the past, in an effort to get this amend- period for the transaction of morning desire to see this Congress, and all past ment adopted.

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

S 1477 S 1478 CONGRESSIONAL RECORD — SENATE January 25, 1995 As chairman of the Judiciary Com- First, I want to commend the able House and the Senate, of the Congress mittee a few years ago when President Senator from Idaho for the great inter- of the United States, to establish the Reagan was the President, I was chair- est and leadership he has shown on this spending priorities. That certainly is man of the Judiciary Committee and important question. He is a very fine what the Senator from South Carolina was the author of a constitutional representative. He represents his State was referring to this morning when he amendment to balance the budget. We and Nation well. On this particular placed high on the list of priorities for got that amendment through the com- question he has shown unusual leader- the strength and stability of our Na- mittee and we got it through the Sen- ship and is to be commended. tion in a world of nations our national ate. We sent it to the House and the Mr. CRAIG. Madam President, let me defense and a concern that that ought House killed it. The Speaker of the thank the Senator from South Carolina to be, as our Founding Fathers said, House and the majority leader led the and once again recognize his early and movement to kill that amendment. continued leadership on this most crit- one of the primary responsibilities of a Evidently, they did not want to stop ical issue. I thank him for making Federal central government: providing spending. And the spending has gone on those opening comments this morning for our national defense and our human year after year after year. We have not on this special order as we begin to de- freedoms. That is a priority that the balanced this budget but one time in 32 bate the balanced budget amendment. Senator from South Carolina would es- years. We have not balanced this budg- As I mentioned in my opening com- tablish. It would be a priority similar et but eight times in 64 years. That is ments, Madam President, the House be- to the one that I would want. It would a disgrace to this Nation. We should gins debate on House Joint Resolution list high on a number of items that I not spend more than we take in in any 1. Under the rule reported from the might place as priorities for spending. year. And if we do spend more, it Rules Committee, six substitute What is reality today is that there is should be made up immediately. amendments are in order from the fol- no fiscal discipline within the bodies of Under the South Carolina law and lowing Members: Mr. BARTON, Mr. the Congress of the United States, so constitution, we have to balance the OWENS, Mr. WISE, Mr. CONYERS, Mr. there need not be the listing of prior- budget every year, and we do it. If we GEPHARDT, and SCHAEFER-STENHOLM. In ities, there need not be the responsibil- can do it in South Carolina, we can do other words, the House is looking at a ity of turning to the American citizen it in the United States. It is nothing variety of approaches to offer an and saying, ‘‘Here is the money we but reasonableness and fairness and ex- amendment through the resolution have to spend; here is where we are ercising foresight that will balance the process to our American citizens. going to spend it’’ because we believe budget. Of course, we must recognize that that is the best priority outline that I am very anxious to see us pass this any one of those resolutions, as is true we can offer to the American people at amendment. I think it would be the of the resolution here in the Senate, this time. greatest step we could take. has to gain the necessary two-thirds There are two threats to this Nation vote for final passage. There will be Second, under our Constitution, we that we must realize. One is that we about 3 hours of general debate and 1 have clear obligations, and that is, of must keep strong armed services. We hour of debate on each one of the sub- course, to provide for the common de- have threats now throughout the stitutes. fense and, in the words of our Constitu- world. We have hot spots in North The reason I bring this up, Madam tion or the preamble, to promote our Korea, Iran, Iraq, and other places. We President, is because early next week Nation’s welfare. must keep a strong defense if we are we will begin debate on a very similar I am pleased to be joined this morn- going to remain free. resolution to the Schaefer-Stenholm ing with the Senator from Wyoming, President Clinton has taken steps to resolution. Already there is talk that and I ask at this time if he would like reduce our strength in defense. I am that debate could go on for 2 weeks, 3 to participate in our special order. I hoping we can rebuild that strength. weeks. There could be 200 or 300 amend- yield to the Senator from Wyoming We need to make the 1996 budget for ments, all dealing with different as- such time as he may consume. defense equal to the 1995 budget. We pects of Federal spending that some Mr. THOMAS addressed the Chair. must take steps to rebuild defense so Members of the Senate think ought to The PRESIDING OFFICER. The Sen- that this Nation can remain free and be exempt from the rule or the con- ator from Wyoming. strong and preserve all that this coun- stitutional requirement of a balanced try has stood for. budget. A BALANCED BUDGET IS NOT A NEW IDEA The other threat is the fiscal threat, Whatever time we take in the House Mr. THOMAS. Madam President, I and that is a serious threat. When we and in the Senate, I believe the most thank the Senator. I am pleased to have not balanced this budget but one significance to that time will be reflec- have the opportunity to join in to talk time in 32 years, that means it is a tive on the importance of this debate about a balanced budget amendment. threat. How are we ever going to bal- and the attention the American people There has been a great deal of talk ance it if we do not take steps? I re- are giving it. There will be a good about it. There continues to be a great member a statute was passed years ago many arguments about whether we deal of talk about it. There is a great to balance the budget. Before the end should or should not balance the Fed- deal of interest in this matter, as there of the session, we had passed appropria- eral budget, whether we should exempt should be. I think most of all, as evi- tions to overcome that statute. The certain portions of the budget, whether denced by the leadership of the Senator statute did not amount to anything. It we should clearly establish priorities of from Idaho, there is a great deal of will not amount to anything now. spending within the Constitution, or dedication to getting this job done. The only way, in my judgment, to whether we ought to be sensible, as I Voters supported the idea in Novem- stop spending more than we take in think the Senate resolution is, to es- ber. It is not a new idea. Somehow and to balance this budget is to pass a tablish the ground rules of a constitu- some of the discussion seems to center constitutional amendment to mandate, tional requirement for a balanced on what will we do with such a thing. to make, the Congress do it. The Con- budget and then to recognize, as I The fact is that it is not a new idea. It gress has not shown the attitude to do think all Americans recognize, that it. They have not shown the will to do over the length and breadth and is not a new idea for the Congress. It is it. strength of a Constitution now having not a new idea for the Nation. Indeed, How are we going to handle it? I do directed the Senate for over 208 years, it is used by 48 States now, and used not know of any other way under the that it is the Congress itself what must successfully in my State of Wyoming. Sun to do it except to pass this con- establish the spending priorities from We have a constitutional balanced stitutional amendment. I urge my col- one generation to another. budget amendment. The legislature leagues to go forth and show the cour- It is clearly important that we estab- and the government live by that con- age and take the steps necessary to lish the rule of a balanced budget and stitutional amendment without a great balance this budget. The best way I the dynamics of how we get to a bal- deal of problem, as a matter of fact. know to do it is to pass this constitu- anced budget through a procedure. Cer- So, it seems to me that it is terribly tional amendment. tainly, it is the responsibility of the important. It is important because it January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1479 will result in a balanced budget amend- balancing the budget, moving without changes that will impact the decisions ment and a balanced budget that we all deviation to that, if it takes longer, let we make. agree should happen. it take longer. I am persuaded—I think most people It is also a symbol of responsibility, But who knows what the economy in this country are persuaded—it is both morally and fiscally. So it is will be in 5 years? Who knows? So the morally and fiscally correct to balance something that we really ought to do. idea that you can lay out in detail how the budget. I am persuaded the evi- There are, of course, a couple of ques- you are going to do it does not seem to dence shows we have not and cannot do tions that are always asked. The first be reasonable. It seems to me, rather, it without the discipline of an amend- question and the basic question we to be a way of saying, ‘‘Yes, I am for a ment. I am persuaded that the States ought to ask ourselves and voters ask balanced budget, but unless you can and the people, through their legisla- themselves and citizens ought to ask give the details, then I am not for it.’’ tures, ought to have a chance to deal themselves is: Should we, in fact, bal- It is simply a way of saying I am for it with it on a constitutional basis. ance the budget? Should we in the Con- and not for it, which is not a new tech- I urge that we move forward and give gress spend more than we take in? nique in this place, by the way. It is the people of America an opportunity Should we live on the same basis as our done quite often. to deal with this issue through their families must? As our businesses must? The other interesting thing about legislatures. As local governments must? And that that is the same person will say, ‘‘We I yield the remainder of my time. is, that we have to have a balance be- can balance the budget without the (Mr. JEFFORDS assumed the chair.) tween revenue and expenditures, a rea- amendment, but I want to know the de- Mr. CRAIG. Mr. President, I thank sonable thing. That first question is: tails if you are going to have an the Senator from Wyoming for partici- Should we do that? The answer is, I amendment; tell me the details of how pating with us this morning in the dis- think, almost unanimous, not only you are going to do it without an cussion of the debate that, as I men- among Members of the Congress, but amendment.’’ The cuts are going to tioned earlier, is beginning today in among voters and among citizens: Yes, have to be about the same. the House and will commence next indeed, we should do that. Then I heard someone this morning week in the Senate, one of the most So, a citizen in Greybull, WY, says: on TV say, ‘‘We want to know about What is the discussion about? I do not important debates, I think, any of us Social Security.’’ We have clearly said quite understand this. Of course we who are privileged to serve in this Social Security is not to be a part of ought to balance the budget. Chamber will engage in in the course of the reduction. We have clearly said The fact is we have not balanced the the next good many years. that Social Security is an obligation budget and we need to do something Let me now yield such time as he that we have to Social Security recipi- about it. would desire to the Senator from Geor- ents. He says: Gosh, everyone says they gia for comments on the balanced We hear a great deal about cuts, as if are for a balanced budget. Do you know budget amendment. there would be draconian cuts to do of anyone who says, no, we should not A GREAT ISSUE BEFORE THE NATION balance the budget? Of course not. Ev- this. The fact of the matter is that what we are really talking about is a Mr. COVERDELL. Mr. President, I eryone wants to balance the budget. thank my colleague from Idaho for the And yet we find more and more people reduction in the growth. That is what it takes, the discipline to have a reduc- opportunity to share thoughts on this who are saying, ‘‘What is the hurry? great issue before the Nation called a Let us delay this. I am not sure about tion in the growth. I noticed there are others on the balanced budget amendment. this. Let us talk about it,’’ as if we had I really do not think we would be in not talked about it before. floor who want to talk about this. I this debate this year except for one They oppose the amendment saying feel very strongly about the balanced thing: I believe this would have passed we do not need an amendment; we have budget amendment. As I indicated, as a the U.S. Senate last year. We had a the tools. The Director of OMB was on member of the Wyoming Legislature, I very strong debate and very narrowly TV the other day in sort of a debate was involved with this process. I think about it and saying, ‘‘Gosh, we do not it works. I think it should work for us failed to pass a balanced budget need an amendment; we can balance on the national level. I think we have amendment a full year ago. the budget. We have the tools.’’ The a great opportunity to do that now. Why did we not pass it? In my judg- fact is, the evidence is, that that is not I think this is one of the procedural ment, it failed because the President of true. We have not balanced the budget. changes that we really need to have if the United States chose to oppose it. We have balanced the budget once, I you want to have a change in Govern- When it was clear that the President think, in 26 years or something and ment. Procedural changes are, in the would not throw his weight behind this just a few times out of the last 50 long run, more important than are the idea, I sensed the energy in letter after years. specific changes that we will make in letter coming in from one special inter- So the fact is that there does need to this year or any other year because est group after another that had be- be some discipline. The idea that we they change the way that the Congress come dependent upon the Federal Gov- want to balance the budget does not deals with problems. ernment and its largess, stacks upon just make it happen. I understand why Procedural changes, like the one that stacks upon stacks, in an effort to it does not happen. There is always a we have already passed on making the frighten the American people about the reluctance to raise revenues and there Congress accountable, to live under the consequences of a discipline machinery is always a willingness on the part of same rules that we expect everyone to deal with the financial health of our politicians to want to do things for else to live under, changes like line- Nation. their constituents. And I understand item veto are very important, it seems Fair tactics—will somebody be af- that. The result, of course, is that we to me. fected? Will there be less there for spend much more than we take in. The It is almost impossible for Members them if we manage the financial health result is that we have nearly a $5 tril- of this body or the House to reach into of the Nation? lion deficit that you and I and our chil- bills and make changes on the floor. In my judgment, we would have dren and our grandchildren must live But the President is the only person passed it had the President assisted. with. who has the kind of political structure This is important as we begin this de- So then some say, ‘‘Well, what about on which to stand to make those sorts bate, Mr. President, because shortly the details? We want to know precisely of cuts in pork. The line-item veto is thereafter—shortly thereafter—the Na- how you are going to do this.’’ Obvi- very important. tion had a chance to reflect on that de- ously, that is almost an impossibility. I happen to believe that unfunded bate and this Presidency, and the con- It is going to be done over a period of mandates is one that we have to pass. test that has been waging in our Na- time and, I must tell you, I am not Procedurally, that will change the fu- tion’s Capital about governance, how concerned about the fact that it is 5 ture of how this Congress behaves. I are we going to govern ourselves? As years or 7 years or, personally, if it is personally believe we ought to have we have, or are we going to change our 10 years. If we are in a course toward term limits. These are the procedural ways in the Nation’s Capital? S 1480 CONGRESSIONAL RECORD — SENATE January 25, 1995 The election of November 8 probably work from January to June, some of when our President used the old argu- is only paralleled maybe four other them August, before they get to keep ment: well, if you are going to balance times in American history. Four other the first dime for their own dreams. the budget, show us where you are times in the entire history of this Na- They feel the Federal Government has going to cut. tion has the whole of the Nation come become too intrusionary, too much in That is like saying to a man or a so forcefully to an election. I think their face. woman who is terribly overweight and much of it was shaped by that balanced The balanced budget amendment is they are just getting ready to start a budget debate which was defeated with symbol and substance—symbol and diet, tell me every bite of food you are the weight of the Presidency against it. substance. It symbolizes that we are going to take over the next 4 or 5 years Then we have a public opportunity to going to change; that we are going to to lose all of your weight—every bite, comment and the public says, ‘‘We reorder the way we manage our finan- every kind of food. want the way things are done in Wash- cial health; that we are going to come You and I know that is not possible. ington changed and we are going to to grips finally with the setting of pri- What we do know, when someone an- change the people who represent us orities; that we are going to force our- nounces they are on a diet and has con- there.’’ And they did, in overwhelming selves to pick that which we can do and sulted a doctor and is beginning to numbers. that which we cannot do. work, they have started a process, and At the center of the debate, over and When the President decided he would they have begun to work toward a goal over, was the balanced budget amend- not support it, he was saying, loud and and they have put themselves on a ment. The people who were sent here clear, we are going to keep on doing regimentation. are supporters of the balanced budget things just the way we have been, and Mr. President, that is a phony argu- amendment. Many of the people who I am not going to listen to the message ment, and you used it last night, and opposed it were not returned. Today, of November 8. you know it is. Over the next 5 or 6 or between 7 and 8 out of 10 Americans Then he went a step further; he 7 years, as the Senator from Wyoming across the land support the balanced began using the same techniques that spoke, as we balance the Federal budg- budget amendment. have been used historically to frighten et, priorities may shift, they may In the last few weeks, we have heard America, to frighten her about a dis- change a little, and we may choose to talk about ‘‘reinventing the Presi- cipline and a new set of rules, to start spend less in one area and more in an- dent.’’ From my point of view—I am picking out different groups of people other because we have seen that is sure my advice is not adhered to down and saying, now, wait a minute. If we where the American citizenry needs at the Pennsylvania Avenue White start setting priorities, this may affect their tax dollars spent. House—you really cannot reinvent peo- you. So as the Senator from Georgia said, ple who have been in public life a quar- It had been that technique over the what we speak about today and what ter of a century. I do not think it is a years that has blocked, time and time begins in the House today and on this useful term. But in any event, again, our coming to grips with our floor next week is the debate about ‘‘reinventing the President.’’ priorities. You know what I would say putting into the Constitution a process Last night, we were to have our first to those groups? I would say that if requiring a procedure through a proc- view of the new look. I think it has all this Nation does not find a way to dis- ess that gets us to a balanced budget paled and will all be forgotten and will cipline its financial management, it and begins to build the enforcement of all be set aside except for two para- will be unable to care for anyone. what we hope would become a standard 1 graphs of the speech; a 1 ⁄2-hour speech Have you ever known a family, have discipline in this Congress, and that and about a 3-minute piece will be the you ever known a business, have you would be to balance the budget on an substance that will be remembered. ever known a community, a State or a annual basis. That is when the President about nation that was able to effectively pro- Mr. President, we are now joined by midway through the speech said, ‘‘I do vide for its needs and its priorities if it our colleague from Michigan who just not support the balanced budget was financially weakened or unhealthy in the past few months has campaigned amendment,’’ having supported a bal- or it had been undisciplined in the on this issue and others. The people of anced budget. But that is the routine process by which it governed itself, Michigan decided to send him here to we have been playing for the last 30, 35 that it had mounted debt it could no work in their behalf on issues like the years. We all support a balanced budg- longer control? balanced budget, and I would now yield et, but we never get to one. We only need to look south of the to that Senator such time as he might To me, the President defined and border, not far from here, to know consume. made vivid his decision about the next what happens when you do not have 2 years of his administration when he sound financial management. Who is BALANCED BUDGET AMENDMENT decided: ‘‘I do not support the balanced impacted by that? By every report, the Mr. ABRAHAM. Mr. President, as budget amendment.’’ That means that disadvantaged, the poor. Those who are Congress prepares to take up a bal- the message of November 8 has not on the margin are the ones who are anced budget amendment, I would like been embraced by this President. Any- going to suffer from that crisis in Mex- to offer to my Senate colleagues the thing that was so core to the election, ico. perspective of a new freshman Senator so overwhelmingly supported, to be re- The balanced budget amendment is a who ran on an aggressive platform to jected in the face of all this, to be set fundamental core process that forces reform Congress and limit the size of aside, that he will stand in the way of our Nation to set priorities and assures Government. that yet again as he did last year, de- us that we will always maintain finan- In my view, the balanced budget fines his view of this capital city. What cial integrity, and that integrity is amendment to the Constitution em- it says is I think things are just fine fundamental to our ability to take care bodies the spirit of the electorate that the way they are. I do not think we of our responsibilities for ourselves and voted for a Republican Congress for the need to change the rules. We do not our responsibilities as the leader of the first time in 40 years last November. need to change the rules to balance the free world and civil order in that world. We in the Senate should not let them budget. The reason so many Americans Mr. President, I yield the floor to my down. support it is they do not believe that colleague from Idaho. The Founding Fathers recognized anymore. And why should they? We Mr. CRAIG. Mr. President, I thank that persistent Government deficits never do. our colleague from Georgia for those and the growth of Government has con- Mr. President, the American people well-placed comments and pointing out sequences for the long-term stability of realize that we must change the proc- some of the stark reality of the debate our democracy and implications for our ess and the procedures by which we and the support and the opposition for individual freedoms. deal with governance in this country. this most important issue. The reason why the Founding Fa- They believe the Federal Government I was in the Chamber of the House thers did not include a balanced budget has become too big; that it exacts too last night for the State of the Union requirement in the Constitution is be- much of the fruit of their labor. They speech, and I was very disappointed cause they felt it would be superfluous. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1481 Paying off the national debt and bal- The fact that State governments Democrats don’t like the rigidity it im- ancing the budget was considered a were required to make real choices and poses while conservatives fear it may bias high priority of the early administra- balance their budgets, while the Fed- Congress towards tax increases. tions. eral Government did not, was the One of the principal criticisms of the amendment is that it would short-circuit the Consider the following comments by major reason why Federal spending has federal government’s ability to fight reces- some of our Nation’s early leaders: dramatically outraced State and local sions, either with ‘‘automatic stabilizers’’ or Thomas Jefferson: ‘‘The public debt spending. with stimulus spending like temporary tax is the greatest of dangers to be feared Without a balanced budget amend- cuts or spending hikes. Yet there is little by a republican government.’’ ment, this Nation could be looking at evidence to support this view. John Quincy Adams: ‘‘Stewards of Federal deficits in the trillions of dol- ‘‘When purchasing power falls in the pri- the public money should never suffer lars within 15 years. I was sent here by vate sector, the budget restores some of that without urgent necessity to be tran- people who will not accept such a fate. loss, thereby cushioning the slide,’’ said White House budget director Alice Rivlin in scended the maxim of keeping the ex- The proposed amendment does not testimony before the Senate Judiciary Com- penditures of the year within the lim- read into the Constitution any particu- mittee earlier this month. its of its receipts.’’ lar level of spending or taxation, or ‘‘Unemployment compensation, food James Monroe: ‘‘After the elimi- mandate particular economic policy stamps and other programs fill the gap in nation of the public debt, the Govern- outcomes. It only restores the histori- family budgets—and in overall economy ac- ment would be left at liberty to apply cal relationship between levels of pub- tivity—until conditions improve,’’ she said, such portions of the revenue as may lic spending and available public re- defending the budgetary ‘‘automatic stabiliz- not be necessary for current expenses sources. National solvency is not—nor ers.’’ In addition, because of the progressive in- to such other objects as may be most should it be—a partisan political prin- come tax code, tax liability falls faster than conducive to the public security and ciple. It should be a fundamental prin- incomes drop in a recession, slowing the de- welfare.’’ ciple of our Government. cline in after-tax incomes. From 1879 until about 1933 the Fed- Mr. President, I yield the floor. The result, however, is typically an in- eral Government operated under an im- BALANCED BUDGET AMENDMENT crease in the deficit. plicit balanced budget requirement. Mr. CRAIG. Mr. President, let me Mandatory balanced budgets would, she ar- gued, force lawmakers either to raise taxes Spending remained low—and rarely ex- thank my colleague from Michigan for ceeded revenues. To the greatest extent or cut spending in a recession to counteract saying that a balanced budget amend- increased deficits. possible, the existing debt was reduced. ment should be a fundamental prin- ‘‘Fiscal policy would exaggerate rather As a consequence, Federal spending ciple. It was historically. While it was than mitigate swings in the economy,’’ she as a share of GNP never rose above 10 not embodied in our Constitution, it said, ‘‘Recessions would tend to be deeper percent. In the mid-1930’s, the rise of was a fundamental principle of our and longer.’’ Keynesian economics gave politicians Founding Fathers. And it was a fun- Other economists agree with Rivlin. the economic rationale to increase damental principle of many Congresses Edward Regan, a fellow at the Jerome Levy Economics Institute in New York, ar- Government spending to solve the Na- for well over a century. tion’s economic problems. As a con- gued that the amendment would ‘‘restrict This Congress, this Government rec- government efforts to encourage private sec- sequence, the balanced budget dis- ognized there might be times of deficit. tor activity during economic slowdowns.’’ cipline was abandoned—and Federal But during the good times, after you The assumption, of course, is that these spending exploded. had overspent—whether it was for war automatic stabilizers actually work as ad- Today, Federal spending as a share of or for other extraordinary purposes— vertised, an assumption not all economists our national income stands at 22–23 you paid off your debt. In fact you ran share. percent—near historic levels. In effect, a surplus. ‘‘If anything, I think the government has made economic cycles worse,’’ said James deficit spending has become the norm. That was an important part of the Because there are no limits to the Bennett, an economist at George Mason Uni- way our Nation kept its fiscal house in versity. availability of deficit spending, Mem- order. Of course we have lost that prin- Bennett, along with 253 other economists, bers of Congress find it extraordinarily ciple and now, for many decades, we signed a letter supporting a balanced budget difficult to resist such spending. On the have run deficits that mounted the amendment introduced last year by Sen. one hand, every dollar of deficit spend- debt I referred to earlier. Over the Paul Simon, D-Ill. ing creates some measure of political course of the next good many weeks Ohio University economist Richard Vedder advantage by pleasing parts of a Mem- there will be a variety of arguments agrees. ‘‘If you look at the unemployment record, to use that one statistic, it was more ber’s constituency; on the other hand, about why we cannot balance the Fed- there is no need for Members to incur favorable in the years before we began auto- eral budget. matic stabilizers than in the years since,’’ he equivalent political disadvantage by I ask unanimous consent to have said. having to raise anyone’s taxes. printed in the RECORD an article from Much of the countercyclical programs were All the balanced budget amendment Business Daily that appeared this implemented in the wake of the Great De- does is eliminate from our system this morning entitled ‘‘A Balanced Budget pression. built-in bias toward spending caused by Myth Bared: Economic Cycles Unlikely Unemployment data show that in the first the unlimited access to deficit spend- To Worsen Under Plan.’’ three decades of this century the average jobless rate was roughly 4.5%. ing. There being no objection, the article Critics of the amendment charge that was ordered to be printed in the PROLONGING SLUMPS it is a hollow gimmick, a substitute for RECORD, as follows: In the four decades since World War II, the making real choices about how to bal- [From the Investors Business Daily, Jan. 25, rate averaged 5.7%. And, from 1970 to 1990, it ance the budget. Perhaps the best way 1995] averaged 6.7%. In addition, some of the stabilizers may ac- to respond to this charge is to examine A BALANCED BUDGET MYTH BARED; ECONOMY tually keep people out of the work force for how balanced budget constraints have CYCLES UNLIKELY TO WORSEN UNDER PLAN worked on the State level. Every State longer periods of time, possibly prolonging (By John Merline) economic slumps. except Vermont has some sort of statu- A balanced budget amendment will either A 1990 Congressional Budget Office study tory or constitutional requirement to restore fiscal sanity to a town drunk on defi- found that two-thirds of workers found jobs balance its budget. cit spending or lead the country toward eco- within three months after their unemploy- According to economist Bruce Bart- nomic ruin. ment benefits ran out—suggesting that lett, in 1933 total Federal spending was Those, at least, are the stark terms typi- many could have found work sooner had they $3.9 billion and total State and local cally used by supporters and opponents of a not been paid for staying home. spending was $7 billion; 60 years later, constitutional amendment outlawing deficit Other data suggest that, at most, federal however, the situation was almost re- spending. fiscal policy has had only a small stabilizing And, while passage of a balanced budget effect on the economy, despite the sharp in- versed. By 1993, Federal spending had amendment is almost a sure thing this year, crease in the economic role played by gov- risen to $1.5 trillion, while total State debates over its merits remain fierce—with ernment. and local spending had risen to $865 bil- critics from all sides of the political spec- A study by economist Christina Romer of lion. trum lobbing grenades at it. the University of California at Berkeley S 1482 CONGRESSIONAL RECORD — SENATE January 25, 1995 found that economic cycles between 1869 and omy,’’ he said. Interestingly, Rivlin herself Mr. CRAIG. Mr. President, the writer 1918 were only modestly more severe than made similar arguments in her book, ‘‘Reviv- of this article suggests that one of the those following World War II. ing the American Dream,’’ which was pub- standard arguments we are hearing, Romer corrected what she said were seri- lished shortly before she joined the Clinton and we have now heard before both the ous flaws in data used to suggest that the administration. pre-war economy saw far larger swings in In that book, Rivlin said that the federal committees—the Judiciary Commit- economic cycles. government should run annual budget sur- tees in the House and the Senate—that The finding runs contrary to conventional pluses—increasing national savings and, in have taken testimony on a balanced wisdom—which posits that government fiscal turn, economic growth. budget amendment, have come from programs enacted after the Great Depression At the same time, Rivlin said the federal people like Alice Rivlin who, in testi- have greatly reduced the magnitude of boom government could strengthen federal ‘‘social mony for the White House as the Budg- and bust cycles. insurance’’ programs designed to mitigate et Director, suggests that we cannot ‘‘I think there are plenty of arguments economic swings. possibly strive to balance the budget against the balanced budget amendment,’’ To accomplish this, she proposed shifting said Christina Romer is an interview. ‘‘I whole blocks of federal programs down to the because, she suggests, that when pur- would not put much emphasis on taking states, including education, welfare, job chasing power falls in the private sec- away the government’s ability of having training and so on. tor—in other words referencing a reces- countercyclical fiscal policy.’’ Whether the amendment should contain a sion—that the Federal budget must be PRIVATE INSURANCE tax or spending limitation provision is an- there to stimulate, to cushion the Other economists argue that, even if eco- other subject of debate. slide, to cushion the downfall. She and nomic stabilizers made a difference at one ‘‘Absent a three-fifths majority provision, others have used that as a standard ar- time, vast changes in the economy have there will be significant tax increases if a gument, that under the ‘‘straitjacket balanced budget amendment is approved,’’ diluated the importance of government ef- of a balanced budget amendment, the forts. said Allen Shick, a budget expert at the Brookings Institution in Washington, at a Federal Government will not have that ‘‘All this policy was formulated before the kind of flexibility. As a result, reces- days of easy access to credit cards, two-earn- recent Brookings-sponsored budget briefing. er families, and so on,’’ said Bennett. That is precisely what worries conserv- sions will become deeper, verging on to Finally, some economists note that the atives who insist that the supermajority lan- depressions. Certainly our citizens will stabilizers Rivlin points to don’t have to be guage is included in the amendment. suffer as a result of it.’’ a function of government. A SUPERMAJORITY ON TAXES That is what she and other econo- Private unemployment, farm or other in- ‘‘The supermajority requirement is pre- mists believe. They would argue that is surance could provide needed cash during mised on the fact that there is an intrinsic largely the substantial majority of be- economic downturns, they say, replacing the bias in favor of tax increases,’’ said Rep. Joe lief embodied in the community of government programs as the provider of Barton, R-Texas, who co-sponsored the tax economists in our Nation today. these funds. limitation amendment. While the effectiveness of automatic sta- I would like to argue differently. While benefits go to specific groups who bilizers is doubted by some, straightout James Bennett, who is an economist at can effectively lobby Congress, taxes as antirecessionary stimulus spending has few George Mason University, along with spread more widely, he said. outright backers—for one simple reason. 235 other economists, have signed a let- A balanced budget amendment without a Every major stimulus package since 1949 supermajority might, Barton and others ter supporting a balanced budget was passed after the recession was already argue, exacerbate this bias—requiring a amendment of the very kind that the over. supermajority to borrow money but only a Judiciary Committee here in the Sen- These packages typically consisted of tem- simply majority to raise taxes. ate has brought forth that we will porary tax cuts or spending hikes designed He points out that in states with tax limi- to boost economic demand and artificially begin debate on next week. tation laws, taxpayers saw taxes decline 2% stimulate growth. Ohio University economist Richard as a share of personal income between 1980 The problem has been that, by the time Vedder agrees that the automatic sta- and 1987. States without such protection saw Congress recognizes the economy is in a bilizers, if you will, that Alice Rivlin taxes climb a comparable 2% over those slump and approves a package, it’s too late. years. talks about, really are not necessary if TOO LITTLE, TOO LATE? Sen. John Kyl, R-Ariz., argues that a you treat the economy of this country Clinton’s failed stimulus package, for ex- spending limit, rather than a tax limit, and if you treat the budget of our Gov- ample, was proposed nearly two years after should be included in the amendment. ernment in an interesting way, and the 1990–91 recession ended, and half of the ‘‘It’s very important both how you balance that is to keep it balanced and in the money wouldn’t have been spent until 1994 the budget and at what level you balance it,’’ good years run a little surplus like and 1995. he told Investor’s Business Daily. they used to do, a good many years A study of the 50-year history of stimulus- ‘‘If all you have is a requirement to bal- ago, and use that surplus in the more packages by Bruce Bartlett, a senior fellow ance the budget, Congress can fix the level of at the Arlington, Va.-based Alexis de balance at too large a percentage of gross na- difficult times or recessionary times, Tocqueville Institution, concluded that tional product,’’ he said. to provide the cushion, and that in fact ‘‘without exception, stimulus programs have you will have fewer recessions, fewer failed to moderate the recessions at which SPENDING LIMIT AMENDMENT radical swings in the economy, because they were aimed, and have often sowed the Kyl proposes a constitutional limit on fed- you have created a much more stable seeds of the next recession.’’ eral spending at 19% of gross national prod- private sector with a much stronger ‘‘These programs have not been simply uct—roughly equal to the average level of private sector financing base than to worthless, but harmful,’’ Bartlett wrote. ‘‘It federal revenues over the past several dec- would have been better to do nothing.’’ ades. constantly be pulling from the private Further, even assuming the economic sta- Not everyone things these limits need to sector ever larger sums into the Fed- bilizers or stimulus spending work as in- be in the amendment. eral package. tended, a balanced budget amendment would ‘‘The balanced budget rule should stand Every major stimulus package, this have little bearing on the government’s abil- alone on its own merits,’’ said James Bu- article says—which I think is fascinat- ity to pursue these policies during reces- chanan, Nobel Prize winning economist at ing—every major stimulus package sions. George Mason University, at the Judiciary that the Federal Government has First, the amendment allows Congress to committee hearing. ‘‘To include a tax or passed to soften a recession since 1949 pass an unbalanced budget, as long as it can spending limit proposal . . . would, I think, muster 60% of the votes. make the proposal vulnerable to the charge was passed after the recession was And, lawmakers could avoid that by sim- that a particular economic attitude is to be over. ply running a budget surplus during growth constitutionalized.’’ If you remember, last year our Presi- years. Buchanan argues that such limitations dent brought a stimulus package to the ‘‘The best technique is to aim for a modest should be passed as separate laws. floor of this Senate, and to the Con- budget surplus, of about 2% of GDP, over the Others argue that even without a gress of the United States, arguing course of the business cycle,’’ Fred Bergsten, supermajority tax requirement, voters will that this was going to be a cushion in director of the Institute for International not stomach more tax hikes. They point to the recession. Yet we were out of the Economics, told the Judiciary Committee. the recent election outcomes as proof of the ‘‘This would permit the traditional ‘auto- punishment leveled against tax-raising law- recession. We had been out of the reces- matic stabilizers,’ and perhaps even some makers. sion a year and a half. Last night this temporary tax cuts and spending increases, ‘‘That’s the true tax limitation,’’ said Sen. President touted that in his 2 years of to provide a significant stimulus to the econ- Larry Craig, R-Idaho. Presidency so far we have had the January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1483 strongest economy, we have created for our libraries, for our schools, for I thank my friend from Idaho. the largest number of jobs, that our roads and bridges.’’ Then we had to go I yield the floor. economy is stronger now than at any back and sort of survey exactly the Mr. CRAIG. Mr. President, in my other time in the Nation. How could, mission of government. What is gov- concluding minutes, let me thank my just a year ago, this President have ernment for? We had to reidentify. colleague from Montana for his strong been offering a stimulus package to What is our mission here? What is our support and for the always strong dose pull us out of a recession because we primary consideration? What are our of good common sense he brings to the were still in one? Mr. President, you second considerations if we have the floor of the U.S. Senate, which some- cannot have it both ways. Because money? times does not prevail here when we what you were suggesting last night I would suggest that those primary debate fiscal matters, when we work in was true, or what you were suggesting considerations would be, first, public setting the priorities that he so clearly last year was true, but both cannot be safety. That is our fire, our police, our spelled out are the responsibilities of true. emergency. I say that is the first con- legislators like ourselves in meeting This article points out that histori- sideration of government, public safe- the mandates of a constitution and of cally, every time we have used a stimu- ty. Then I would go to probably trans- the kind of government we have. lus package since 1949 it has been at portation because we have to get farm- I think we all recognize that our least 1 year after a recession was over to-market roads; to provide, in other Government cannot be all things to all with, and in the case of last year, near- words, transportation, that highway of people, and yet for well over three dec- ly 2 years after the recession was over commerce that leads to all other ele- ades we have had a Congress that with. ments of government. Then I would largely believed we could continue to What that references then is that it have to say it has to be education. spend and get involved in almost every was not necessary, that, in fact, it cre- They do not have to be in that order. aspect of American life, stimulating, ated a deficit and it created debt, and But that is the primary purpose of gov- offering, providing, adding to and al- it may well have brought on the next ernment. ways directing and controlling ulti- recession by pulling an excessive Then, when you move off of that— mately when we put the Federal tax amount of money out of the private you are talking about dollars—if we dollar there. That has amounted, as I sector at just the time it was lifting have some, it is nice to add some amen- mentioned in my opening comments, to off, growing, and creating jobs. ities. Then we have to start looking at a $4.7 trillion debt that is now more Mr. President, at this time let me utilities, water, public health. than $18,500 of debt for every man, yield to my colleague from Montana to But I think we have to reevaluate woman, and child in the United States. use such time as he may desire. why we have government. That is what In just a few moments we will resume Mr. BURNS addressed the Chair. this debate will be about; where we set debate of S. 1. That again is symbolic The PRESIDING OFFICER. The Sen- our priorities. After all, is not that the of a Congress and a government that ator from Montana is recognized using debate of a free people? We will have to has lost its vision of what our Govern- the time of the Senator from Idaho redefine the mission of government as ment and country ought to be like. Our which expires at the hour of 10:30. we go into this debate called a bal- State Governors said, if you are going THE BALANCED BUDGET AMENDMENT anced budget amendment. It forces us to pass a balanced budget, then pass S. Mr. BURNS. Thank you, Mr. Presi- to take a look at those priorities, to 1 first so that you will not have the dent. I want to thank my friend and set them and fund the ones we can. ability of a central Federal Govern- neighbor from Idaho, not only for this Yes. If the public wants more, then we ment to push through to us mandates time but also for his leadership on this should say it will cost such and such and then require that we raise the particular issue. It is not just this year dollars. Are you willing to pay those taxes. In other words, S. 1 really forces that he has been involved in this. I dollars for that particular program? the priority process that my colleague think he has been involved in the bal- I have said all along we can get to from Montana so clearly talked about, anced budget debate ever since he where we want to go in this debate if which is part of the debate that is very served in the House of Representatives, we have some reform. We need regu- much important in the whole of what and he still works very closely with latory reform and spending and budget we plan to do in the reorganization and our friends in that body. reform. The balanced budget amend- redirection of our Government that I just need a couple of minutes to re- ment makes us go to those reforms and was demanded of us by the electorate mind the American people about, basi- makes us take a look at them. In fact, on November 8. cally, representative government and as our good friend from Pennsylvania But, once again, let me remind my the debate on priorities. If we ever said yesterday in a small debate on a colleagues that as we begin this debate, worked in local government where the balanced budget, it starts the clock. It there will be loud cries of: Show us law says you will balance a budget and puts us on the field. It makes us look your nickel and show us your dime, you will retain reserves on each line, at our priorities. show us where you are going to spend, no matter what the county government So I thank my friend from Idaho. I show us every bite of food you are or what part of county government you just wanted to make those comments going to take as you scale down your look at, there was always a reserve. this morning. But we must not take diet and you plan to lose weight. You were by law given a cap on how our eye off of the ball. It forces us to Let me remind my colleagues we are much reserves you could keep, but you set priorities. I think that is what the talking about, with this Senate resolu- also maintained those reserves. American people say. I think that is tion, a balanced budget amendment to So, basically, that is what we are why they sent us here, to say, look at the Constitution. That is a process. talking about when we talk about a your priorities. That then requires a procedure to be balanced budget amendment. It is the We heard the discussion about public adopted by the Congress of the United old self-governed philosophy as we pick radio and the NEA, the National En- States to establish the priorities and our priorities and what is important to dowment for the Arts. I am saying, if spending and to bring us to a federally the survival of a free society. my particular area of great interest is balanced budget. We worked in Montana under an ini- the ability to feed and clothe this great So let the debate begin. Let us recog- tiative called 105. We could not levy Nation, where are our priorities? Where nize over the next several weeks that any more mills to raise taxes. In a time are our priorities to maintain a free so- this is only the beginning, that if this of declining property values when your ciety and to bring together those ele- Congress sends forth a constitutional entire budget almost was set on prop- ments that create a standard of living amendment, it must go to every State erty values, the mills that you col- that is unmatched by any other society capital in this Nation and every legis- lected and put in your coffers and de- to this date in our history, and to take lator. And I hope every citizen becomes livered the services that people then care of this little piece of mud that involved in what could be one of the wanted, it was a wrenching experience happens to be whirling through the most unique national debates in the to go through and say, ‘‘We just cannot universe? What this does is set prior- history of our country as the citizens find enough money for our museums, ities. I support it wholeheartedly. determine whether they want to ratify S 1484 CONGRESSIONAL RECORD — SENATE January 25, 1995 by 38 States the balanced budget The President did not mention that some arrangement—maybe a different amendment and begin to require the amendment last night, so let me read arrangement than has been proposed so Congress of the United States to live it for the record. It is very short. far. But it must be bipartisan. It can- within the parameters of a process that The powers not delegated to the United not be Republicans in the House and we will soon begin to debate and hope States by the Constitution, nor prohibited the Senate providing the votes while to establish. by it to the States, are reserved to the the Democrats vote the other way. I yield the remainder of my time. States, respectively, or to the people. If that is the case it will never be End of quote. That is all there is. brought up in the U.S. Senate. f That is the 10th amendment. Mr. HOLLINGS. Mr. President, as I Let me close by saying how exciting passed through the Chamber and heard THE STATE OF THE UNION it was for some of us, particularly me, the distinguished majority leader, I re- ADDRESS to look up last night and see a Repub- membered the words of John Mitchell, Mr. DOLE. Mr. President, last night lican Speaker sitting behind the Presi- the former Republican Attorney Gen- was a time for rhetoric. And no doubt dent. We have waited—some almost a eral. He said, ‘‘Watch what we do, not about it, President Clinton knows how lifetime, 40 years—to see this happen. what we say.’’ to give a good long speech. In fact I think it was a sight I was be- As I heard the distinguished Repub- And now that the President has de- ginning to loose hope of ever seeing. lican leader, he asked that we not re- livered his speech, the Republican Con- But now it is a fact. And the Presi- sort to class warfare. Yet almost in the gress will continue to deliver on the dent well knows that this Congress is same breath, he waxed eloquently promises we made to the American much, much different from those in the about the ‘‘Contract With America’’ people. recent past. He talked about yester- and sank into the very game he in- For we know that the success of this days. This is not yesterday’s Congress. dicted. Yes, President Clinton has put Congress—as well as the future of our This is a new Congress. This is not a forward a proposal to cut middle-class country—does not depend on our words. big taxing, big spending Congress. This taxes. But let us not forget that an im- They depend on our actions. is not a Congress that has a govern- portant part of the Republican ‘‘Con- And now it is time to act. It is time ment-mandated solution to every prob- tract With America’’ is none other to carry out the mandate the American lem. than a middle-class tax cut. It is iron- people gave us on November 8. And Rather, this is a Congress that has a ic, if nothing more, that Republicans that means limited Government, less very specific mandate from the Amer- would attack the President for some- spending, fewer regulations, lower ican people. President Clinton said last thing they themselves have done. taxes, and more freedom and oppor- night that despite his liberal policies of Having said that, I feel strongly that tunity for all Americans. the past 2 years, he accepts and under- the formulation of public policy should As Governor Whitman said last night stands that mandate. not be based on class, or age, or race, in the Republican response, if Presi- Republicans and all Americans who or anything of that sort. We are Sen- dent Clinton is ready to help us achieve support our efforts to return Govern- ators for all the people, in our State those goals, then we welcome him ment back to the people hope that is a and throughout the entire country. Un- aboard. But we won’t wait long to see reality, and not just rhetoric. fortunately, we too often fall into the if he means what he says. The train is So, Mr. President, it seems to me the trap of conducting politics by poll pulling out of the station. Republicans President has spoken. He has every numbers and forgetting that fact. are getting on with the business of right to. He spoke as most Presidents We need to get out of that habit and changing America. do, laid out the best that has happened start doing what is best for the Amer- If President Clinton is truly commit- in the administration. That is true ican people. Otherwise we end up ad- ted to change, I hope he has a talk with whether you are a Republican or Demo- monishing each other about lobbyists with congressional Democrats—many crat President. The President talked on the one hand, and then accepting of whom are devoting themselves to de- about lobbying. He did not mention contributions from them on the other, railing Republican efforts to give gov- how many lobbyists contributed to his as might the distinguished majority ernment back to the people. legal defense fund. So if we are going to leader when he establishes his commit- And while I do not begrudge anyone stop and give it all back, maybe we will tee for the Presidency. In the end, we standing firm against legislation they hear that announcement today that all haven’t done anything, and the elector- oppose, some of my Democrat friends that money is going to go back, the $1 ate simply grows angrier and angrier. are doing their best to block legisla- million raised from lobbyists around We should not resort to demeaning tion they support. the country for his legal defense fund. the Government. That is what I heard The American people are in a de- We are prepared to work with the in the majority leader’s speech today manding mood—and rightfully so. They President. I must say I did not hear and in the President’s last night. are watching us very closely. And they any cheers go up on the other side of Sometimes I feel like Republicans and will know who is responding to the the aisle when Mexico was mentioned. Democrats are in a footrace to see who message they sent, and who is restor- I do not know where the Democrats are can demean the Government the most, ing to 100 percent pure partisan poli- on Mexico. The President said it is not to which I take strong exception. After tics. foreign aid, it is not a loan. Maybe all, we are never going to work to- The President spoke again last night there is something we are not aware of. gether and be effective, if we are al- about Americans he terms as ‘‘middle But I would say as far as that issue is ways finding fault and pointing fingers. class’’ and those he terms as the concerned, we told the President in Mr. President, let me briefly turn to ‘‘under class.’’ good faith at this meeting at the White another subject, namely, the crisis in We have a basic fundamental dis- House, which Secretary Rubin has Mexico. I shall have more to say on agreement in philosophy here. Repub- talked about a number of times, that this issue at a later time, but let me licans do not believe we should create we understood there was a problem and make a few brief points. It is my opin- factions of Americans competing we wanted to help. But we are not ion that the risk subsidies which the against one another for the favors of going to help on just this side of the administration is seeking on the $40 Government. Instead, we believe we aisle. Unless there is some help on the billion in loan guarantees would re- should lead by taking actions that in- other side of the aisle, forget it; it is quire the Mexican Government to still hope and restore freedom and op- not going to happen. pledge some of its oil revenues. While portunity for all Americans. I do not see much support. I did not that may be a good business decision to So, this Congress will carefully con- see any applause last night when the secure the loan guarantee, my fear is sider the President’s so-called middle- President talked about our special re- that we will be taking the wherewithal class bill of rights,—but our actions lationship with Mexico and our bound- from the Mexican people to recover as will flow from the real Bill of Rights— aries and the history of the two coun- a country. In essence, in a year or two, the one that contains the 10th amend- tries. But I would say to the President the United States of America will not ment to the Constitution. that we are still prepared to work out be seen as a friend, but as an enemy. In January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1485 that sense, I think it is a bad, bad pol- So when you hear a politician or an Murray amendment No. 187, to exclude icy. editor or a commentator declare that from the application of the Act agreements Furthermore, the President should ‘‘Reagan ran up the Federal debt’’; or with State, local, and tribal governments not be obligated to get Democrats to- that ‘‘Bush ran it up,’’ bear in mind and the private sector with respect to envi- that it was, and is, the constitutional ronmental restoration and waste manage- gether. ment activities of the Department of Defense It is a Republican program to bail duty of Congress to control federal and the Department of Energy. out the billionaires. Former President spending. We’d better get busy correct- Murray amendment No. 188, to require Salinas was given tremendous credit ing this because Congress has failed time limitations for Congressional Budget for privatizing. But if you look at miserably to do it for about 50 years. Office estimates. Forbes magazine last year, you will see The fiscal irresponsibility of Con- Graham amendment No. 189, to change the that of the 24 to 25 billionaires, 22 were gress has created a Federal debt which effective date. created under the Salinas administra- stood at $4,799,369,247,041.81 as of the Harkin amendment No. 190, to express the tion. What we saw was the good old close of business Tuesday, January 24. sense of the Senate regarding the exclusion of Social Security from calculations required boys system where the newly Averaged out, every man, woman, and child in America owes a share of this under a balanced budget amendment to the privatized companies were farmed out Constitution. to political allies. massive debt, and that per capita share Bingaman amendment No. 194, to establish If the Mexican Government really is $18,218.49. an application to provisions relating to or needs money, they should tell that f administrated by independent regulatory crowd to give some of the money back. agencies. CONCLUSION OF MORNING The people need it badly down there. Glenn amendment No. 195, to end the prac- BUSINESS But what we don’t want is to get into tice of unfunded Federal mandates on States a situation where we bail out Wall The PRESIDING OFFICER. Morning and local governments and to ensure the business is now closed. Federal Government pays the costs incurred Street and the billionaires in Mexico by those governments in complying with cer- but breed resentment from the Mexican f tain requirements under Federal statutes people. UNFUNDED MANDATE REFORM and regulations. Supporters of the loan guarantees ACT Kempthorne amendment No. 196 (to have taken pains to stress that it does amendment No. 190), to express the sense of not cost the United States anything. The PRESIDING OFFICER. The hour the Senate that any legislation required to While that may be true on paper, I im- of 10:30 having arrived, under previous implement a balanced budget amendment to mediately recall the $7 billion we guar- order, the Senate will resume consider- the U.S. Constitution shall specifically pre- anteed to Egypt, the $14 billion to ation of S. 1. vent Social Security benefits from being re- duced or Social Security taxes from being in- India, and the $2 billion to Poland. I do The clerk will report the bill. The legislative clerk read as follows: creased to meet the balanced budget require- not mean to question the need for that ment. assistance, but I merely raise that A bill (S. 1) to curb the practice of impos- Glenn amendment No. 197, to have the point to illustrate that when this ing unfunded Federal mandates on States point of order lie at only two stages: (1) crowd in Washington says it won’t cost and local governments; to strengthen the against the bill or joint resolution, as anything, it is the taxpayers who ends partnership between the Federal Govern- amended, just before final passage, and (2) ment and State, local and tribal govern- against the bill or joint resolution as rec- up holding the bag when loan forgive- ments; to end the imposition, in the absence ness occurs. ommended by conference, if different from of full consideration by Congress, of Federal the bill or joint resolution as passed by the Mr. President, I did not intend to mandates on State, local, and tribal govern- Senate. talk at length. I only wanted to com- ments without adequate funding, in a man- McCain amendment No. 198, to modify the ment on the tone of today’s political ner that may displace other essential gov- exemption for matter within the jurisdiction discourse which paints Government as ernmental priorities; and to ensure that the of the Committees on Appropriations. the enemy. It isn’t new. I heard the Federal Government pays the costs incurred Lautenberg amendment No. 199, to exclude by those governments in complying with cer- from the application of the Act provisions same singsong when I was a member of tain requirements under Federal statutes limiting known human (group A) carcino- the Federalism Commission under and regulations, and for other purposes. President Reagan. ‘‘Get rid of the Gov- gens defined by the Environmental Protec- The Senate resumed consideration of tion Agency. ernment.’’ Indeed, 15 years ago, Presi- the bill. Byrd amendment No. 200, to provide a re- dent Reagan came to town pledging to Pending: porting and review procedure for agencies slash Federal programs and send Gov- Levin amendment No. 172, to provide that that receive insufficient funding to carry out ernment back to the States. Five years title II, Regulatory Accountability and Re- a Federal mandate. later, what we slashed was the funding form, shall apply only after January 1, 1996. Boxer amendment No. 201, to provide for by eliminating revenue sharing. That Levin amendment No. 173, to provide for an unreimbursed costs to States due to the im- is what has caused the dilemma that estimate of the direct cost of a Federal inter- position of enforceable duties on the States brings this bill before the Senate governmental mandate. regarding illegal immigrants or the Federal Levin amendment No. 174, to provide that Government’s failure to fully enforce immi- today. if a committee makes certain determina- gration laws. It is time for elected officials to quit tions, a point of order will not lie. Boxer amendment No. 202, to provide for blaming the Government in Washing- Levin amendment No. 175, to provide for the protection of the health of children, ton and acting as if we were not part of Senate hearings on title I, and to sunset title pregnant women, and the frail elderly. the Government. Instead, we need to I in the year 2002. Boxer amendment No. 203, to provide for get down on the floor of the Congress Levin amendment No. 176, to clarify the the deterrence of child pornography, child and do the job, which the distinguished scope of the declaration that a mandate is abuse, and child labor laws. Senators from Ohio and Idaho are at- ineffective. Wellstone amendment No. 204, to define Levin amendment No. 177, to clarify the the term ‘‘direct savings’’ as it relates to tempting to do. I thank them for their use of the term ‘‘direct cost’’. Federal mandates. courtesy in yielding. Graham amendment No. 183, to require a Wellstone amendment No. 205, to provide f mechanism to allocate funding in a manner that no point of order shall be raised where that reflects the direct costs to individual the appropriation of funds to the Congres- WAS CONGRESS IRRESPONSIBLE? State, local, and tribal governments. sional Budget Office, in the estimation of the Graham amendment No. 184, to provide a Senate Committee on the Budget, is insuffi- THE VOTERS SAID YES budget point of order if a bill, resolution, or cient to allow the Director to reasonably Mr. HELMS. Mr. President, anyone amendment reduces or eliminates funding carry out his responsibilities under this Act. even remotely familiar with the U.S. for duties that are the constitutional respon- Grassley amendment No. 207, to express Constitution knows that no President sibility of the Federal Government. the sense of the Congress that Federal agen- can spend a dime of Federal tax money Wellstone amendment No. 185, to express cies should evaluate planned regulations, to the sense of the Congress that the Congress provide for the consideration of the costs of that has not first been authorized and shall continue its progress at reducing the regulations implementing unfunded Federal appropriated by Congress—both the annual Federal deficit. mandates, and to direct the Director to con- House of Representatives and the U.S. Wellstone modified amendment No. 186, (to duct a study of the 5-year estimates of the Senate. amendment No. 185), of a perfecting nature. costs of existing unfunded Federal mandates. S 1486 CONGRESSIONAL RECORD — SENATE January 25, 1995 Grassley amendment No. 208, to require an country, the issue of a constitutional Federal budget and run-up the Federal affirmative vote of three-fifths of the Mem- amendment to balance the budget. He deficit. bers to waive the requirement of a published knows and understands that there is The question for those who want to statement on the direct costs of Federal address this, whether in the Constitu- mandates. not necessarily a partisan difference on Kempthorne amendment No. 209, to pro- that subject in the Senate. Many of us, tion or through a statute, is: Exactly vide an exemption for legislation that reau- myself included, have voted in the past how do you do it? What do you choose thorizes appropriations and does not cause a for a constitutional amendment to bal- to cut? What do you keep and what do net increase in direct costs of mandates to ance the budget and are prepared to do you get rid of? We could change the States, local, and tribal governments. so again. Constitution 2 minutes from now, if Kempthorne amendment No. 210, to make I think most people believe that it procedures would allow it, and it would technical corrections. not make a one-penny change in the Kempthorne (for Dole) amendment No. 211, would be desirable to move this coun- to make technical corrections. try toward a point when we are spend- Federal deficit. Two minutes from now, Glenn amendment 212, clarify the baseline ing only the resources we have. There we could change the Constitution to for determining the direct costs of reauthor- may need to be some exceptions to read that, from this moment forward, ized or revised mandates, and to clarify that that. If you run into a depression, you there would not be a one-cent increase laws and regulations that establish an en- might want to have a stimulative kind in the Federal deficit, and yet this forceable duty may be considered mandates. of fiscal policy. But generally speak- would not reduce the deficit by one Byrd modified amendment No. 213, to pro- ing, we ought to balance what we spend penny. Why? Because changing the vide a reporting and review procedure for Constitution does not solve the prob- agencies that receive insufficient funding to with what we raise. We are nearing $5 carry out a Federal mandate. trillion in debt. I have a couple of chil- lem. Changing the Federal budget is Gramm amendment No. 215, to require that dren who will inherit that debt, as will what solves the problem. each conference report that includes any all of America’s children. We have a re- I have seen the sunny side of this lit- Federal mandate, be accompanied by a re- sponsibility, it seems to me, to address tle thing called the budget fracas. It port by the Director of the Congressional this question and address it in the came to us from Art Laffer and a bunch Budget Office on the cost of the Federal of folks in the early eighties. These mandate. right way. I do want to talk a little about the folks believe that you can double de- Gramm amendment No. 216, to require an fense spending and cut the revenue affirmative vote of three-fifths of the Mem- nuance of the discussion. Some have base and there would be nirvana bers to waive the requirement of a published been suggesting that Federal spending around the corner, and the budget statement on the direct costs of Federal is out of control because there are would be balanced. We have heard that. mandates. folks who swagger over to the Cham- That was about $3.5 trillion ago. Of Byrd amendment No. 217, to exclude the bers of the House and the Senate and application of a Federal intergovernmental course, it was preposterous when it was propose wildly irresponsible spending mandate point of order employer-related leg- proposed and when it was implemented. schemes and programs for which they islation. They saddled this country with an have no idea where the resources will Levin amendment No. 218, in the nature of enormous debt. Supply side economics a substitute. come. The Senator from Idaho and oth- they called it. Some have said that is Levin amendment No. 219, to establish that ers know, of course, that this is not the where the other side gets all the sup- estimates required on Federal intergovern- case. And I am not saying that the plies. But it is a little more com- mental mandates shall be for no more than Senator suggested that. I am saying ten years beyond the effective date of the plicated than that. Now we have some mandate. that people who understand the system who are saying again let us increase Brown amendment No. 220, to express the know that what is causing these sub- defense spending, cut taxes again, and sense of the Senate that the appropriate stantial run-ups in the deficit are—— let us change the U.S. Constitution to committees should review the implementa- Mr. CRAIG. Will the Senator yield require a balanced budget. tion of the Act. for a moment? Brown-Hatch amendment No. 221, to limit Well, I happen to support a constitu- Mr. DORGAN. Retirement programs tional provision requiring a balanced the restriction on judicial review. and health care programs, Medicare Roth amendment No. 222, to establish the budget. I did not come to Congress effective date of January 1, 1996, of title I, and Medicaid. Each year more people thinking I would support this, but that and make it apply to measures reported, become eligible for Medicare because was about $3.5 trillion ago. I would sup- amendments and motions offered, and con- they have reached the age of 65. Each port virtually anything requiring that ference reports. year, Medicare becomes more expen- there be a sober and serious solution to Several Senators addressed the sive and so does Medicaid. So each year this problem because, frankly, I think Chair. these programs grow in cost without this fiscal policy very much limits our The PRESIDING OFFICER. The Sen- anyone having done anything to in- country’s opportunities in the future. ator from North Dakota is recognized. crease their costs. I am happy to yield Two years ago, we had a vote here in Mr. DORGAN. Mr. President, I notice at this point. Congress on a budget bill. It was a ter- that the managers are not present. I Mr. CRAIG. Very briefly. I thank my rible vote. People talk about politi- know the Senator from Minnesota is colleague for engaging in this issue cians not caring and not being con- present to offer an amendment. But this morning. I will say that clearly nected, not having any courage. The since the managers are not present, I the balanced budget amendment is a vote was ‘‘shall we increase some ask unanimous consent to speak as if bipartisan issue. I have always appre- taxes?’’ That was unpopular. And the in morning business for 20 minutes. ciated the support of my colleague in vote was ‘‘Shall we cut some spend- The PRESIDING OFFICER. Is there this issue. It must be bipartisan. This ing?’’ That was unpopular. ‘‘Shall we objection? is a national debate that involves all do that in a significant combination to Without objection, it is so ordered. partisan interests. I thank my col- reduce the Federal deficit?’’ Enough f league for coming to the floor this people in this Chamber—by one—voted morning and making that very impor- yes to pass the deficit reduction bill. BALANCED BUDGET AMENDMENT tant point. There was a one-vote margin here and Mr. DORGAN. Mr. President, I recog- Mr. DORGAN. I appreciate the Sen- a one-vote margin in the other body. I nize that the Senator from Minnesota ator’s comments. I want to make this regret to say that not one Member of would like to offer an amendment that point again and again. It is not a bas- the Republican side voted with us on I think is actually related to the dis- ket full of new and irresponsible Fed- that bill. It was not an easy vote. It cussion just held on the floor of the eral programs, being offered by Mem- was an awful vote. If one were just Senate, as soon as the floor managers bers of either side of the political aisle, going to be a politician, one would say, are here. that are causing this problem. The ‘‘Count me out, I am not going to cast The Senator from Idaho, a friend of cause is entitlement programs, whose a tough vote. This increases taxes and mine, has, along with his colleagues, costs increase very substantially year cuts spending. Count me out. I am not been discussing an issue for the past after year and therefore claim an in- involved in this.’’ But enough people hour that is very important for this creasing amount of money out of the voted yes to say we are willing to do January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1487 this. It might not be popular or the po- cutting Social Security? Not with my the revenue base on the other, while litical thing, but we are willing to do it support. It does not cause this problem. saying we want a constitutional for the benefit of this country. Does one get there by cutting de- amendment to balance the budget—to When we pass—and I think we will— fense? No. A large number in this tell us how that is achieved. The Amer- a constitutional amendment to balance Chamber now say they want to in- ican people and State and local govern- the budget, the question becomes even crease defense spending. That is one of ments should be able to make judg- more intense. How do you, with a spe- the largest areas of spending in the ments: Does this make sense? What cific series of changes in taxes and in Federal Government. will this do to us? What does it mean spending, reach a balanced budget by Well, if not defense, then what? In- to our revenue base out in the States? the year 2002? I voted for, and intend to terest on the debt? No, we pay interest What programs will we have to as- vote for again, a constitutional amend- on the debt. There is no way of avoid- sume? What programs will people do ment to balance the budget. But I ing it. And the folks on the Federal Re- without? would say this: When we have people serve Board, meeting in secret, have in- Having said all that, a lot of strange who propose a constitutional amend- creased the interest rate six times and things go on. All of us know that. This ment to balance the budget and at the are set to do so again. There is not is reform time, and when you deal with same time say increase defense spend- much we can do about that. Interest on reform, there are a lot of nutty ideas ing and cut the revenue base, I say the debt is another of the largest areas bouncing all over the walls. There are they need to spell it out. We under- of public spending. also some timeless truths in this coun- stand that this is the point on the map How about Medicaid and Medicare? try. One of the timeless truths for me you want to get to. I want to find out There is considerable support for Med- as a public servant is that we want to the route, especially if you are going to icaid and Medicare. help people who need help in this coun- stop near the bridge of ‘‘increased de- And for health care, are the require- try, to provide opportunity and hope. fense spending’’ and go down the hol- ments for these programs any less this In this country, a lot of people who do low called ‘‘a cut in taxes.’’ How do you year than last year? Hardly. Health well and who will do better next year reach that destination in the year 2002? care costs are going up, not down. So have opportunities, wonderful opportu- I think the American people want to are we going to cut health care spend- nities. But we have a lot of people who, know that, as well. ing? If so, how? How do you do that through no fault of their own, find Are you going to cut Social Security? when health care costs are rising, more themselves in circumstances where we Not with my support. Why? Social Se- people are becoming eligible for Fed- need to reach out a hand and help them curity is paid for by every single per- eral health programs, more people are up. son in this country who works and by growing older, America is graying? There ought not to be a board of val- everyone who employs the people who Or, I guess, if that is the plan, then ues in this country as we discuss what work. This money is taken from pay- tell us who is not going to get the we do about all these issues. We ought checks and put into a very specific ac- health care that was promised? If that to understand that one reason for our count, a trust fund. We have said that is part of the plan, let us hear it. country’s success has been the largess we are going to take this amount from Medicaid. Forty million people live in helping all of our people achieve the your paycheck and put it into a trust in poverty in this country. Which poor opportunities they can achieve with fund so that it will be safe for the fu- people are going to be denied access to their God-given talents. ture. This problem is a solemn one, a health care? I mentioned some of the ideas float- compact among those who work and Interestingly enough, health care ing around here. You know, several those who retire and the system that costs are increasing. Yet we do not ad- people say, ‘‘Well, we do not want to funds it. dress the causes for the increases in ever talk about taxes when we talk Are we going to raid the trust funds health care costs. If we do not do this, about fiscal policy, so let us talk about to balance this budget? Not with my in my judgment we do not have a charging admission fees to the U.S. vote. Not one cent of this deficit is chance to deal with this budget deficit Capitol.’’ That was a nutty idea from caused by Social Security. This year, a problem. last week. Conservative think tanks up $70 billion surplus will occur in the So- What about veterans issues. Do you here say, ‘‘Let’s charge the people of cial Security trust fund. We will have propose that we cut veterans’ com- America,’’ who own the U.S. Capitol, collected, in other words, $70 billion pensation, veterans’ hospitals? I do not ‘‘an admission price to see the U.S. more in the Social Security System think so. I do not think somebody is Capitol.’’ than we will have paid out. Can any- going to say that those soldiers who I might be old fashioned, I suppose, body reasonably claim that Social Se- put their lives on the line for this coming from a town of 400 people, to curity has caused this problem? So country will now have to discover that think you ought not to charge citizens when the constitutional amendment to the promises this country made to an admission fee to enter a building balance the budget comes up, we will them will not be kept. I do not think they own. have an amendment that says you will that is going to be the case. We need to separate the nutty ideas not balance the budget by raiding the So I guess the question is not with from the decent ideas. And there are Social Security trust funds. This pro- respect to intent; the intent around some good reform ideas, some good gram has not caused one cent of the here is wonderful. And I am going to ideas, but there are a lot of strange deficit, and we will not allow a raid of join those who intend to do this, and I ones bouncing around here as well. the trust funds to accomplish the goal will vote for a constitutional amend- It seems to me that, as we try to sep- of this amendment. ment to balance the budget, but with arate the good ideas from the bad, we Second, we say we have a right to two caveats. ought to try to figure out where we are know what route you will take to One, I am not gong to let anybody and follow it down the line. Let us try reach a balanced budget. There is a under any circumstance raid the Social to understand what it is that is nec- special right to know, and it seems to Security trust fund to do it because the essary for our future, what we need to me an obligation on the part of those Social Security trust fund is a solemn invest in order to achieve the kind of saying we want to increase one of the compact between generations and has growth and opportunity we want. largest areas of public spending and cut not caused one penny of this deficit. If But it seems to me that we should the revenue base to tell us how they that is the fight we have to have, that not, as we begin talking about the con- plan to get there. Show us a 7-year is the fight we are going to have. stitutional amendment to balance the budget and tell us the result. Then we Two, it seems to me—and I think the budget, leave an impression that the and the American people and the Senator from Minnesota has an amend- Federal budget deficit has been caused States and local governments know ment on this issue coming up next on by a bunch of folks trooping in that what the plan is. Share with us the this floor—that there is an obligation— door and concocting a new program plan. That is the issue. especially given the circumstances last March. That is not what has I have mentioned Social Security. these days of saying we want to in- caused this. That is not what has Does one get to a balanced budget by crease spending on one hand and cut caused this at all. S 1488 CONGRESSIONAL RECORD — SENATE January 25, 1995 We have massive entitlement pro- UNFUNDED MANDATE REFORM about this balanced budget amend- grams whose costs are linked to the ACT ment, and in particular I want to give Consumer Price Index and whose costs The Senate continued with the con- some context by talking about some of go up every year. We have a revenue sideration of the bill. the comments of the House Republican base linked to changes in the Consumer AMENDMENT NO. 185 Leader ARMEY. Price Index so that revenues are kept Mr. WELLSTONE. Mr. President, I Mr. President, let me first of all be down by that same indexation. So you assume we are no longer in morning clear about the amendment that I have have one indexing approach that moves business. already sent to the desk that we are costs up and another indexing approach I ask unanimous consent that the now considering. This is a sense of the that keeps revenues down. And the re- pending amendment be set aside and Congress that the Congress should con- sult is a mismatch that anybody tak- that the Senate resume consideration tinue its progress at reducing the an- ing arithmetic can understand very of amendment 185. nual Federal deficit, and if the Con- quickly. The PRESIDING OFFICER. Is there gress proposes to the States a balanced The Senator from Idaho and others objection? Without objection, it is so budget amendment, it should accom- are absolutely correct that we share a ordered. pany it with financial information on goal. That goal is that this country Mr. WELLSTONE. Thank you, Mr. its impact on the budget of each of the ought to put its budget in order and it President. States, so that States know what ex- ought to do it soon. I thank the Senator from North Da- actly the impact of this piece of legis- I suppose one area of disagreement kota. lation will be on them. occurs when some say let us increase Mr. KEMPTHORNE. Will the Senator Let me begin at the beginning. This spending in one of the biggest budget yield? unfunded mandates bill operates on the items and then cut our revenue, but Mr. WELLSTONE. I am pleased to premise that information should be they do not believe they have an obli- yield. available to Senators and Representa- gation to tell people how they will then Mr. KEMPTHORNE. I appreciate the tives and to State and local govern- get to a balanced budget 7 years from Senator’s courtesy. ment officials about the financial im- now. We disagree on that. There is, in What I would like to do is offer a pact of legislation we are proposing unanimous-consent agreement so we my judgment, an obligation to tell the and attempting to pass. can then proceed with his amendment. American people how they are going to Mr. President, I think that that is a Mr. President, I ask unanimous con- achieve that. very important standard for any piece sent that the Senate now resume con- of legislation. Mr. President, it is also So, Mr. President, I appreciate the sideration of amendment No. 185 and opportunity to say a few words about true, operating on that premise, and that there be 1 hour, equally divided, that is what this amendment speaks this subject. I know some have spoken on the amendment, and following the about it for an hour or so. We will have to, that if we pass a balanced budget conclusion or yielding back of time, amendment we ought to be clear with hour after hour after hour of debates, the majority manager or his designee probably weeks of debate on this sub- States, and I want to talk about this be recognized to make a motion to really because it comes from Min- ject. It is very important. The Amer- table. nesota. ican people want us to control our fis- The PRESIDING OFFICER. Is there In that sense, I have a mandate from cal policy in a reasonable and respon- objection? Without objection, it is so Minnesota today regarding what the sible way. I intend to join in that ef- ordered. impact of a balanced budget amend- fort. But I intend also to see that we do Mr. KEMPTHORNE. I thank the Sen- ment would be on Minnesota or any it in the right way. ator from Minnesota very much. other State. If we are not clear about Some say, ‘‘Well, you know, let us Mr. WELLSTONE addressed the where these cuts are going to take keep building Star Wars and let us cut Chair. place and what the impact is going to out some critically needed invest- The PRESIDING OFFICER. The Sen- be on our States, then what has been ments’’ like education and training ator from Minnesota. called the Contract With America be- that I think are vital for achieving the Mr. WELLSTONE. Mr. President, today we are considering S. 1, the un- comes not a contract but a con. I full human potential in this country. I mean, if there is a mood piece in the say, ‘‘I’m sorry. I don’t share your funded mandates bill, a bill designed, as my good friend from Idaho, the main country, it is that we should be honest, goals. I do not share your priorities.’’ straightforward and direct with people, So those are the kinds of debates I sponsor of this bill, has said repeat- edly, to ensure that information is and not try to finesse people; tell them think we will be having in the coming what we are doing and tell them what weeks. This will allow the American available to Members of Congress be- fore they vote to impose a mandate on the impact of what we are doing will be people to not only understand that we on their lives. share a common goal of where we want a State or local government. As I understand the basic premise of Now, in the House, House Republican to go, but also to recognize that we Leader ARMEY has said about the bal- have some disagreements about how to this piece of legislation, which I will say to my colleague from Idaho I am anced budget amendment, ‘‘I am pro- get there. And that is politics. Some- very much in agreement with, it is foundly convinced that putting out the one once said, ‘‘When everyone in the really twofold. No. 1, we ought to be details would make passage virtually room is thinking the same thing, no very clear about the kinds of mandates impossible. The details will not come one is thinking very much.’’ we are imposing on State and local out before passage. It’s not possible.’’ There is going to be a lot of diversity governments and we ought to be ac- The Washington Post, January 7, 1995. of thought about how we reach the des- countable for our votes; No. 2, I think Another quote: ‘‘Because the fact of tination of a better fiscal policy so this piece of legislation is about the the matter is once Members of Con- that we unsaddle the American chil- right to know. It is about the right to gress know exactly, chapter and verse, dren of the heavy burden of deficits know both for Senators and Represent- the pain that the Government must they now have to assume. atives and State and local government live with in order to get a balanced I know that, as I said before, the Sen- officials about a proposal’s economic budget, their knees will buckle,’’ Janu- ator from Minnesota is now waiting impact before we pass it. ary 9, 1995, the Washington Post. and has an amendment that I think Mr. President, I think that is good Mr. President, people in Minnesota will follow this discussion in an appro- government reform. I have said that to and people in Vermont and people priate way. So, with that, Mr. Presi- my colleague from Idaho several times. around the country did not send us dent, I yield the floor. I think it is good instinct. I think this here to sign on to any piece of legisla- Mr. WELLSTONE addressed the instinct by the Senator from Idaho is tion without being clear with them as Chair. on the mark, but I think it might be to what the impact of that legislation The PRESIDING OFFICER. The Sen- missing for some of our colleagues. In will be on their lives. Let me repeat ator from Minnesota is recognized. particular, I want to talk a little bit that one more time, because that is the January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1489 premise of this amendment: People in take on a balanced budget amendment. the United States House of Representatives, Minnesota, people in Vermont, people The resolution then went—this was the President and Secretary of the United in Ohio, did not send us here to pass January 12—it then went to the House States Senate, the presiding officers of both legislation without understanding the of Delegates and on January 17, the houses of the legislature of each of the other implications of the legislation we pass Minnesota House of Delegates also States in the Union, and to Minneosta’s Sen- ators and Representatives in Congress. on their lives. What will the impact be passed this resolution, I think, with of a balanced budget amendment on only three dissenting votes. Then it Mr. WELLSTONE. Mr. President, Vermont, on Minnesota? went to the Governor and last Friday, based on the Minnesota resolution, I Mr. President, people in Minnesota January 20, Minnesota’s Republican therefore have offered this amendment want to know what passage of this bal- Governor signed the resolution. to the unfunded mandates bill, a sense- anced budget amendment will mean to Mr. President, from the State of Min- of-the-Congress resolution that if the them in personal terms. In fact, there nesota, I ask unanimous consent that balanced budget amendment is sent to is a considerable amount of apprehen- this resolution be included as a part of the States, it should be accompanied sion in my State, and I think in every the RECORD. And as the Senator from by financial information on the impact State. I have met with not just state- Minnesota, I am proud to send this res- it will have on each State’s budget. wide officials, but local—county and olution from the Minnesota State Leg- This is a very simple and straight- city—officials from small towns in islature, signed by the Governor of forward amendment. Minnesota, and people are worried that Minnesota, to the U.S. Senate. Mr. President, I cannot emphasize if we pass a balanced budget amend- There being no objection, the resolu- this enough. In my State of Minnesota, ment but do not spell out where we will tion was ordered to be printed in the the thing that is being asked of Mem- make the cuts or what the impact will RECORD as follows: bers, whether we are Democrats or Re- be, then later on they will find that RESOLUTION NO. 1 publicans, is: Please be clear and they may have to assume the costs. Whereas, the 50 States, including the State straightforward with the State and For example, what would happen— of Minnesota, have long been required by please spell out for the State the kind and by the way, I will have figures that their state constitutions to balance their of cuts we will have to make within may spell out that this very well may state operating budgets; and Whereas, the States have long done so by this balanced budget amendment man- happen—if we have cuts, the Senator date, and please spell out what the im- from North Dakota spelled out the con- making difficult choices each budget session to insure that their expenditures do not ex- pact will be on our States. text, the $1.3 trillion cut. We are in a ceed their revenues; and We want to know which people are bidding war to raise the Pentagon Whereas, without a federal balanced budg- going to be affected by this. We want budget; in another bidding war to cut et, the deficit may continue to grow within to know how much of this we are going taxes, taking some large programs off the next ten years from $150 billion gross do- the table. We know where the cuts will mestic product (GDP) per year to $400 billion to have to pick up through our own be. So where will the additional fund- GDP per year, continuing the serious nega- State budgets. Are we going to have to ing be for our young people to go on to tive impact on interest rates, available cred- raise taxes? What kind of communities afford higher education? Who will as- it for consumers, and taxpayer obligations; are going to be hurt? Let us know what and sume the cost of nutrition programs the impact will be on our States. That Whereas, the Congress of the United is, if you will, the mandate that I take for children? What about veterans pro- States, in the last two years, has begun to grams? What about Medicaid-Medi- reduce the annual federal deficit by making from the State of Minnesota to the care? And if a person lives in a State substantial reductions in federal spending; floor of the Senate today. like Minnesota—I know the people in and Mr. President, obviously this bal- my State—we will not walk away from Whereas, achieving a balanced budget by anced budget amendment—and I think citizens who need some support so that the year 2002 will require continued reduc- this was the meaning of Mr. ARMEY’s they can become independent. Thus, we tions in the annual deficit, averaging almost quotes, is going to necessitate some 15 percent per year over the next seven deep cuts. In the words of House Judi- will end up having to pick up this cost. years; and The Governor from Vermont, Gov- Whereas, it now appears that the Congress ciary Committee Chairman HYDE, once ernor Dean, has made this same point. is willing to impose on itself the same dis- Social Security is taken off the table This could become one big shell game, cipline that the States have long had to fol- the ‘‘effect on other Federal programs transferring the costs back to State low, by passing a balanced-budget amend- will be Draconian.’’ and local units of government, I fear, ment to the United States Constitution; and I did not say this, the Chair of the relying on the property tax. Whereas, the Congress, in working to bal- Judiciary Committee in the House, ance the federal budget, may impose on the Well, Mr. President, given this con- Representative HYDE, said this: The text, on January 12, about a week after States unfunded mandates that shift to the States responsibility for carrying out pro- ‘‘effect on other Federal programs will I went home and met with legislative grams that the Congress can no longer af- be Draconian.’’ leadership and local officials, the Min- ford; and I think that statement is an under- nesota State Senate—and I would like Whereas, the States will better be able to statement. The arithmetic of this for my colleagues to be very clear revise their own budgets if the Congress equation is harsh, as we know full well. about this, because I think their State gives them fair warning of the revisions Con- That is why I believe too many of my senate may well do the same thing— gress will be making in the federal budget; colleagues are unwilling to be straight- passed a resolution urging the U.S. and forward with the people we represent. Whereas, if the federal budget is to be Congress to provide these details before We are going to raise the military sending the balanced budget amend- brought into balance by the year 2002, major reductions in the annual deficit must con- budget, we are going to have more tax ment to the States for ratification. tinue without a break; and cuts, we clearly are not going to be This resolution reads, from Min- Whereas, these major reductions will be cutting into Social Security. And we nesota: more acceptable to the people if they are know what programs are left, we know Resolved by the Legislature of the State of shown to be part of a realistic, long-term the importance of those programs and Minnesota That it urges the Congress of the plan to balance the budget: Now, therefore, we know the kind of cuts that are be it United States to continue its progress at re- going to take place. ducing the annual Federal deficit and, when Resolved, by the Legislature of the State of the Congress proposes to the States a bal- Minnesota, That it urges the Congress of the We are talking about aid to States anced budget amendment, to accompany it United States to continue its progress at re- for State and local law enforcement with financial information on its impact on ducing the annual federal deficit and, when agencies. We are talking about high- the budget of the State of Minnesota for the Congress proposes to the States a bal- way maintenance and construction. We budget planning purposes. anced-budget amendment, to accompany it are talking about education. We are This resolution was passed unani- with financial information on its impact on talking about college and small busi- the budget of the State of minority for budg- mously in the State senate by Demo- et planning purposes. Be it ness loans. And we are talking about crats and Republicans alike. This real- Further resolved, That the Secretary of hungry children and the elderly. ly does not have anything to do, as a State of Minnesota shall transmit copies of Mr. President, let me just lay out matter of fact, with the position we this memorial to the Speaker and Clerk of some Treasury Department estimates S 1490 CONGRESSIONAL RECORD — SENATE January 25, 1995 for my State of Minnesota, and other ate, signed by the Governor. I bring it Now, I came to the Senate after 45 Senators, I think, have this data as it here to the floor of the Senate, and this years in the private sector as a busi- pertains to their States. amendment that I have offered, which nessman and farmer. I watched and lit- The Treasury Department estimates is this resolution from Minnesota, says erally for the last 35 years not one time that Minnesota will have to increase if we pass the balanced budget amend- has the Congress convened and ad- State taxes by 9.4 percent across the ment, then at least we ought to include journed that they did not pass rules, board to make up for the loss in grants. with that balanced budget amendment regulations and laws making it more This is even before factoring in what a financial analysis of its impact on difficult to operate a business. The in- would be the effect of additional offsets our States. This is a reasonable amend- tent of these laws, we heard, was that in cuts if we do a lot of tax cuts or we ment. they were going to help business, but dramatically increase the Pentagon Mr. President, I reserve the remain- not one single one of them ever did or budget. der of my time waiting for other col- has. They hurt people in the private The loss of this grant assistance to leagues who may want to respond. sector. the State of Minnesota would mean Mr. KEMPTHORNE. Mr. President, I I can think of no better example of that in the year 2002, the Treasury De- yield 10 minutes to the Senator from this same rule going to the public sec- partment estimates, we would have a North Carolina. tor than the mandates we have been loss of $679 million in Medicaid. The PRESIDING OFFICER (Mr. dictating to State and local govern- Mr. President, I remind my col- KYL). The Senator from North Carolina ments without providing any money to leagues that half of Medicaid expendi- is recognized. pay for them. The unfunded mandates tures go into taking care of older peo- Mr. FAIRCLOTH. Mr. President, I have been a fiscal disaster for local ple in nursing homes; $679 million less first want to comment on the amend- governments. We simply tell them in Medicaid; $102 million less for high- ment of the Senator from Minnesota. It what the problem is and for them to way trust fund grants; $83 million less seems to be an amendment with the find the money to cover the solution. It in AFDC, and, by the way, Mr. Presi- primary purpose of stopping cutting amounts to something that the Con- dent, because sometimes I think some and spending in this country. The bal- stitution says we cannot do, and that is of my colleagues do not understand it, anced budget amendment and the un- for one branch of Government to levy a aid to families with dependent children funded mandates are closely tied. tax upon another. And we are doing it goes, by definition, mostly to children. We have not even passed the balanced blatantly when we tell the counties of We are talking about parents, often a budget amendment and yet we are say- this Nation that they simply have to single parent—almost always a ing what great damage it is going to do come up with this money and their woman—and children. to the States. We are, in effect, plan- only source of it is ad valorum taxes or And $314 million cuts in funding for ning the funeral during the birth. We local sales tax. We should not be tell- education, job training, the environ- need to wait and see. ing them how and where and when to ment, housing and other areas. For 30 years, that I am well aware of, levy a tax. The Department of Commerce esti- we have passed law after law after In typical fashion, Federal Govern- mates that Minnesota over 7 years, law—this Congress has—that has had ment bureaucrats and Congress think leading up to 2002 as potential impact: an irrevocable and permanently dam- they have all wisdom of what should be Education would lose $1.5 billion; envi- aging effect upon the fiscal condition done at the local level. The Federal ronmental protection could lose $74.6 of the States, counties, and cities of Government and its bureaucrats think million; disease control and prevention this Nation. New taxes, new rules,and that the local government has come to would lose $9.8 million; Fish and Wild- new mandates and not one time have Delphi, and they have the wisdom and life Service would lose $16.7 million, we ever made a study, or I have even will tell us what to do. All they have to law enforcement would lose over $143 heard it suggested, that we let the do at the county level is pay the bills. million. States, the citizens of the counties That is wrong, Mr. President. Mr. President, children’s defense fund know what we are going to do to them. A recent editorial described it pretty estimates that the cuts in Minnesota For 30-plus years, we simply did it, and accurately: in 2002 would result in the following, then it hit and they had to figure out In recent years, as deficits have cramped just in Minnesota: a way to cover it. Washington’s style, legislators have taken to Almost 30,000 babies, preschoolers There has not been a local budget issuing commands to State and local govern- and pregnant women would lose WIC that has really been accurate in this ments. Those lower governments are forced nutrition supplements; country in 30 years, because every to pick up the tab, while Federal legislators Over 51,000 children would lose food year, particularly the counties have take credit for enlightened policy. (That stamps; over 154,000 children would lose had to go back and increase taxes to means more spending.) free or subsidized lunches; over 93,000 take care of the mandates that we have This severing of decisionmaking from children would lose Medicaid health placed on them. the paying of the bill is what has got- coverage. Now, all of a sudden from the other ten us the trouble we are in today, and Over 59,000 children would lose State side of the aisle, it becomes absolutely it has invited undisciplined spending. child support agency help in establish- necessary that we do a definitive fiscal It has encouraged the spending of ing paternity or collecting child sup- analysis of what effect this might have money we do not have. It has encour- port; almost 38,000 children would lose upon cities and counties and States. aged entitlement programs that, if the welfare benefits; over 2,400 blind and Certainly we need to be sensitive and Federal Government had to pay the disabled children would lose SSI, that cognizant of what effect it might have total bill, would not be out there. is supplemental security income; 3,900 on the cities and counties, but first let It burdens State and local govern- children would lose Federal child care us get on with stopping spending in- ments, and it takes away the discre- subsidies; over 2,500 children would lose stead of thinking of ways to keep on tion of county commissioners, city Head Start early childhood services; spending. We are going in debt at some- councilmen and State legislators to de- and 28,000 children would lose child and thing like $800 million a day. We al- cide where the money should be spent adult food care programs. ready have a $5 trillion debt, so let us that they bring in in taxes, that they Mr. President, this is the point: I will get to what we ought to be doing and tax the people for. The decision has al- not even preach about what all these that is stopping spending. ready been made in Washington. statistics mean in personal terms. I The thing we have to do first is to In some of these counties it is abso- will not even argue with my col- cut the spending. If we will take the lutely ludicrous. I will take the county leagues, if they are so inclined, over mandates off of the local governments, I live in, and if you will look at a lot these figures. We do not know the then they can handle their problems. of counties around the State you will exact figures, and that is what Min- They will know what to cut and what see they are not a lot different. But I nesota has said in this resolution, not to cut because they know. But the am going to take one federally man- passed unanimously by the House, first thing we have to do is get rid of dated program in the county in which passed almost unanimously by the Sen- the mandates. I have spent my life. This is Sampson January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1491 County, a rural county in eastern Mr. FAIRCLOTH. Three minutes. States of a balanced budget amend- North Carolina. The total ad valorem Good enough. ment. That is all this amendment says. taxes collected in that county are, The PRESIDING OFFICER. The Sen- So I think the Senator from North more or less, $10 million. This is the ator from North Carolina is recognized Carolina had some interesting com- total county tax collection. Would you for 3 minutes. ments, but I do not think they spoke believe that the Medicaid Program for Mr. FAIRCLOTH. Simply, we are directly to this amendment. that county is $30 million a year, of writing these laws and sending them to I reserve the remainder of my time. which the county has to put up 5 per- the States COD. It is time we send Mr. KEMPTHORNE. Mr. President, cent? We have not had a budget in the them with the bills paid when we pass how much time do I have remaining? last 10 years that we have not had to go the law. The States are tired, the cities The PRESIDING OFFICER. The Sen- back and adjust to pick up the in- are tired, and the counties are broke ator from Idaho has 17 minutes and 17 creases in the cost of Medicaid. paying for mandates that we send from seconds. Now, if you will look at the counties, here. Mr. KEMPTHORNE. Mr. President, I in particular the more rural and agrar- Mr. President, I do want to thank the will be happy to yield 5 minutes to the ian counties, you will find this same Senator from Idaho [Mr. KEMPTHORNE] Senator from Illinois. pattern, that the total county ad for the leadership he has taken in it. Mr. SIMON. Mr. President, it is rare valorum tax collection is often only When he came to the Senate, it was that I differ with my colleague from half or even, as in our case, a third of one of the first things he talked about. Minnesota. He is one of those who has what is the Medicaid program in the He has followed it. He has followed it really brought compassion to this body county and what is our percentage of closely. I know that he served for many and I have great respect for him. One of years as mayor of Boise, ID. He has these unfunded mandates. the best things that has happened in firsthand knowledge of how it works, Mr. WELLSTONE. Will the Senator the U.S. Senate since I have been here whatever goes on. And he has done an yield? is the election of PAUL WELLSTONE to excellent job of presenting the bill to Mr. FAIRCLOTH. This bill will fix the U.S. Senate. the floor and to the Senate, and for the problem by requiring the Congres- I differ with him on this for two basic that I wish to thank him. I think it is sional Budget Office to estimate the fitting that he be the leader in ending reasons. costs to the lower governments before an abuse that has gone on far too long. No 1, the argument that is made we pass prospective legislation. Mr. President, I thank the Chair, and against the balanced budget amend- Mr. WELLSTONE. Will the Senator I will be glad to answer the question of ment by those who oppose it is that we yield for a question? the Senator from Minnesota, if he will can do this, we can balance the budget, Mr. FAIRCLOTH. Yes. speak loud enough so I can hear him. without a balanced budget amendment. Mr. WELLSTONE. I thank the Sen- Mr. WELLSTONE. Mr. President, I Therefore, the pain inflicted would, in ator from North Carolina. think the Senator has probably run out theory, be the same, whether we have Mr. KEMPTHORNE. Will the Senator of his time so I will not ask him to the balanced budget amendment or yield? Would the question be on the yield. I will just comment very briefly. whether we do not, with one exception. Senator’s time? The PRESIDING OFFICER. The Sen- And that exception is this: Every econ- Mr. WELLSTONE. No. But that is ator from Idaho has 171⁄2 minutes re- ometric study shows if we pass the bal- not why I asked the question. maining on his time. anced budget amendment, we are going Mr. KEMPTHORNE. I appreciate Mr. KEMPTHORNE. Will the Senator to have lower interest rates. If you that. from Minnesota allow me, then, to pro- have lower interest rates, you will have The PRESIDING OFFICER. Does the ceed with the next speaker so in your an easier time balancing the budget Senator from North Carolina yield on summary—— with a constitutional amendment. If his time? The Chair might advise the Mr. WELLSTONE. Mr. President, you have lower interest rates, you are Senator he has less than 30 seconds. since the Senator from North Carolina going to stimulate investment and em- Mr. FAIRCLOTH. When I finish, I no longer has any time to yield, I ployment; you are going to stimulate will yield for the Senator’s question. might just quickly respond. I will take revenue for the Federal Government, Currently, the Congressional Budget 2 minutes. Then I will be pleased to re- for State and local governments. That Office estimates that 12 percent of all serve the rest of my time. is No. 1. So I think you cannot make an bills that Congress has passed since Mr. President, just very briefly, I ap- argument both that this is going to 1983, nearly 800, contain unfunded man- preciate what the Senator from North hurt and we can balance the budget dates with a cost per bill of the 800 of Carolina said. But I do want colleagues without the constitutional amend- over $200 million. to know, who are about to vote on this, ment. It is long past time that those in the that this amendment does not say no Second, we have to ask as we look at Congress—us, we—should take respon- to S. 1, to unfunded mandates. This States and local governments, what sibility for these actions and stop issu- amendment does not say no to a bal- will happen if we do not have a bal- ing the mandates. anced budget amendment. This amend- anced budget amendment? You look at The PRESIDING OFFICER. The ment, as a matter of fact, based upon that GAO report of 1992—and it would Chair would indicate that the Senator the Minnesota resolution, memorial- be modified some, thanks to the vote of has used his 10 minutes. The Senator izes Congress for continuing its work the Senator and mine in passing that was yielded 10 minutes and that time on Federal deficit reduction. The only budget in August 1993—but they say, in has expired. thing this amendment says—and I do that report that if we follow the basic Mr. KEMPTHORNE. I would be happy not think the Senator really responded path we are on now that by the year to yield the Senator an additional 2 to this amendment—was that if we 2020 their projection is, because of in- minutes so he can conclude his re- pass a balanced budget amendment, we terest growth and entitlement growth, marks and in that time if he wished to ought to accompany this with financial that social services would be cut by respond to the Senator from Min- information on its impact on the budg- one-third and defense cut by two- nesota. Two minutes. et of each of the States. thirds. The PRESIDING OFFICER. The Sen- This came from Minnesota. It was Frankly—my colleague from Min- ator is further recognized. passed unanimously by the Senate, nesota has been around here long Mr. FAIRCLOTH. Yes. I ask unani- Democrats and Republicans alike. It enough. I do not think that is the way mous consent to be allowed 5 minutes was passed almost unanimously in the the pie would be cut. I think it is much additional time. House. It was signed by the Republican more likely that it would be closer to The PRESIDING OFFICER. Does the Governor. 50–50, on both sides. But that assumes— Senator from Idaho yield 5 minutes? It focuses on deficit reduction, but it the GAO report assumes, optimisti- Mr. FAIRCLOTH. I will not need 5. says: Look, Federal Government, in cally—that we do not monetize the Mr. KEMPTHORNE. The Senator will the spirit of unfunded mandates, tell us debt, that we do not just start the yield 3 minutes. what the impact is going to be on our printing presses rolling. S 1492 CONGRESSIONAL RECORD — SENATE January 25, 1995 The history of countries—and we ficult choices, which means he is not The PRESIDING OFFICER. The Sen- may hope we will be an exception to going to be involved in a bidding war to ator from Utah is recognized for 5 min- this history—but the history of nations raise the Pentagon budget. He is not utes. is, when you get around 9 percent of going to be involved in a bidding war Mr. HATCH. Mr. President, I cannot deficit versus GDP, except for a war- for yet more tax cuts. He is not going see a reason in the world why on legis- time situation, you start monetizing to take everything off the table. And lation regarding unfunded mandates we the debt. We are going to go beyond he is not just going to do deficit reduc- should have an amendment like this or that. tion according to the path of least re- why we should spend 2 minutes on it. I ask the Members of this body just sistance, focused on those citizens with We all know the balanced budget to take a look at what happened in the least amount of political clout. amendment is going to come up within New York City. This was before my But there is every reason in the days on the House floor and within a colleague from Minnesota was here as a world to believe that is precisely what week on the Senate floor, that is if we Member of this body. New York City we are going to do here and that is ever get through this unfunded man- faced bankruptcy. New York City was what people are worried about back in dates bill. If we do not get through this rescued by the U.S. Government. But the States. That is what people in the legislation pretty quick, we will not New York City had to cut its programs States are worried about, and they get through the Mexican loan guaran- for poor people up to 47 percent. want us to be clear with them. That is tee legislation with all its problems, There is no United States of Amer- all this amendment says. which are very, very serious. ica, no big umbrella, to rescue this If we pass it, let us accompany it As I say, I am not sure why we are country. We are one-fifth of the world’s with a financial analysis of its impact here debating this issue now. We are economy. If we go down the tube eco- on the States. That is from Minnesota, supposed to be passing a bill to provide nomically, there is nobody out there to passed unanimously by the State Sen- relief to the States from unfunded rescue us. The International Monetary ate, passed almost unanimously by the mandates. Everyone knows we are Fund cannot begin to deal with our House, and passed and signed into law going to have ample time to debate the problem. The International Monetary by a Republican Governor. I do not balanced budget amendment on the Fund, in the case of Mexico, is offering think this is unreasonable. floor of the U.S. Senate, and we should to help to the tune of about $2 or $3 bil- not hold up this bill to debate an So Senators should understand this lion in guarantees. They cannot go fur- amendment like this. is all they are voting on. ther than that. The provision that the Senator would Mr. SIMON. If my colleague will So, though I have great respect for like us to have—I know he is sincere; I yield? my colleague from Minnesota, I do be- have watched the distinguished Sen- Mr. WELLSTONE. If I may yield on lieve this amendment should be de- ator from Minnesota for his whole Sen- the other side’s time? feated. ate career, and I know he is sincere— The PRESIDING OFFICER. Who The PRESIDING OFFICER. Who but this amendment puts the cart be- yields time? yields time? The Senator from Min- fore the horse. It puts the cart before Mr. SIMON. May I have 1 minute? nesota is recognized. the horse in two ways: First, in time Mr. KEMPTHORNE. Yes. I yield 1 Mr. WELLSTONE. I will yield a since this debate should happen on the minute to myself to respond. minute to the Senator from Illinois. balanced budget amendment itself, not May I ask how much time I have left? Mr. SIMON. Just for 1 minute. I here; and second, this amendment can- The PRESIDING OFFICER. The Sen- thank my colleague, and if this passes, not be complied with as it is written. ator from Minnesota has 10 minutes if the balanced budget amendment The balanced budget amendment re- and 48 seconds. passes—and I believe it will—then I quires the Congress of the United Mr. WELLSTONE. I thank the Chair. think we have to at that point let States to work to balance the budget. Mr. President, first of all, it is cer- State and local governments know, let It does not write a particular mix of tainly rare the Senator from Illinois everyone know what kind of a glide- cuts or taxes into the Constitution. It and I are in disagreement on an issue. path we are on. I do not think we need is for the Congress to work toward res- I am hoping to persuade him to change to do that prior to passage. I think olution of those particular issues and his mind before the final vote because that compounds the problems of pas- to set the priorities within the budget I want the Senator to know that, No. 1, sage—very candidly. from year to year. when he talks about econometric mod- Mr. WELLSTONE. Mr. President, I If we could get back to the business els he is absolutely right; there are a will take my own time. at hand and pass the unfunded man- variety of different variables, including The PRESIDING OFFICER. The Sen- dates bill, it will give the States a factoring in the effect of lower interest ator from Minnesota. measure of protection against Wash- rates, that would be included. MR. WELLSTONE. This amendment ington’s mandates, and if the statutory This is not an amendment against reads, after we pass it, we should do route is insufficient, then the States the balanced budget amendment. I this. That is the way this amendment may want us to pursue a constitutional mean, many State senators and rep- reads. amendment on unfunded mandates. resentatives who signed this resolu- Mr. SIMON. If that is correct, then I But let us pass the unfunded mandates tion, or voted for this resolution, are withdraw my opposition. bill first. Let us get on to debate the for it, I say to my colleague from Illi- Mr. WELLSTONE. Then we should do passage of the balanced budget amend- nois. The only thing they are saying is, the analysis. ment and get the Nation’s fiscal house if or when—your choice—you pass a Mr. SIMON. Then I withdraw my op- in order by balancing the budget with- balanced budget amendment, please ac- position. In that case, I have no objec- out first burdening or binding the company it with a financial analysis so tion to the amendment. Once again, I States. We need to get on with it, but we can have some sense of what the im- am on the same side as my colleague we need to do it in a reasonable order. pact will be on the States. from Minnesota. The problem—just to spend a minute I say to my good colleague, that is Mr. KEMPTHORNE. Mr. President, I or two on this amendment—and I note where your econometric model would want to acknowledge and thank the that the Senator is very sincere. What be figured in. We should do that. It is Senator from Illinois, who certainly he would like in this sense-of-the-Con- a matter of State and local government has been one of the leaders on the bal- gress amendment is that when Con- officials having the right to know— anced budget amendment, and also two gress proposes to the States a balanced which is very much within the frame- Senators that will now be speaking, budget amendment—assuming a bal- work, I might say, of the unfunded the Senator from Utah [Mr. HATCH] and anced budget amendment is passed mandates legislation. the Senator from Idaho [Mr. CRAIG], through both Houses of Congress by the And finally, I have to say this to my again leaders on this balanced budget requisite two-thirds vote—then Con- colleague, and this is our honest and amendment. gress must accompany it with financial profound disagreement: My colleague So I yield 5 minutes now to the Sen- information on the impact on the budg- from Illinois is willing to make the dif- ator from Utah. et on each of the States. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1493 I would point out that we have trou- capable, would be unable to do their impact of this legislation will be on ble even getting CBO and other budget own analysis and make its own deci- that. baseline scoring mechanisms to give us sions about its budget priorities and I find that to be an interesting argu- sound and timely information on what come to its own decision about ratifi- ment. But I certainly hope my col- we are doing, let alone having them cation. I think the States should par- leagues will not be swayed by it. analyze what each and every State in ticipate in the process of setting the Mr. HATCH. Mr. President, will the the Union has to do. Under this amend- national budget priorities, especially Senator yield on that? ment, we would be spending all our as it will affect their own freedom to Mr. WELLSTONE. I would be pleased time trying to understand a contin- set priorities for themselves. to yield on the time of the Senator ually shifting set of State problems Mr. President, this is the wrong way from Utah, if I could. and how our budget might impact on to proceed. We need to get the mecha- Mr. GLENN. Mr. President, will the them. I think we need to worry about nism in place that will require Con- Senator yield to me 1 minute? how the Federal budget can be reduced gress to balance the budget before we The PRESIDING OFFICER. Does the between the time of the passage of the can balance the budget. And before Senator from Idaho yield? balanced budget amendment and the that we cannot tell what a balanced Mr. CRAIG. I yield 1 minute to the year 2002, if that is the effective date of budget would look like. We cannot tell Senator from Utah for purposes of re- the amendment. I do not want to get the States what they should or may do sponding. into a situation where we must also in response to either the balanced Mr. HATCH. Now, look. I guess there worry about the choices of each of the budget amendment or a balanced Fed- is nothing that is too hard if we have States, and we complicate passing the eral budget. This unfunded mandates enough money and enough time and balanced budget amendment while at- bill that we are supposed to be debat- enough bodies and enough people and tempting to get information like this ing has the purpose of curbing such enough economists to do it. The ques- that could cost us hundreds of millions Washingtonian imperialism. And fi- tion is, is it prudent, is it warranted, is of dollars to get. nally, we cannot project what future it worth the cost? The fact of the mat- Again, this amendment is just an- Congresses will do. In fact we often ter is we cannot get CBO scoring the other unnecessary provision. The cannot project very far into the future way we need to have it on time in order minute we pass the balanced budget the effects of our present budgetary de- to do the things that we need to do in amendment, this Congress will have to cisions. We cannot bind future Con- this body. Do we need to add to it a start working on coming up with a gresses to a particular budget. Nor continually shifting set of State budg- mechanism to get to a balanced budg- should we. It is the right and duty of etary priorities, for each of 50 States, et. I might add not just the Congress; each Congress to set its own national and have us be on top of every one of the President is going to have to work priorities in the budget while comply- those priorities, and spend all the on coming up with the mechanism be- ing with a balanced budget rule. money to do that? No. What we have to yond the balanced budget amendment I hope this amendment is voted do is get our own fiscal house in order. to bring us into fiscal balance by the down. It is unnecessary and unwise, The States will adapt to it, each in its year 2002. I have to tell you, nobody in and adds an unnecessary cost to our so- own way guided by the wisdom and Congress and the Congress as a whole ciety. needs of its own citizens. But I would will be able to do that without the Mr. WELLSTONE. Will the Senator add that we have to have Presidential leadership of the President of the Unit- yield? and congressional leadership for us all ed States. That has been the problem The PRESIDING OFFICER. Who to do so. up to now. We have not had Presi- yields time? Finally, Mr. President, everybody dential leadership to tell us what we The Senator from Minnesota. knows that this type of amendment is have to do to balance the budget, short Mr. WELLSTONE. What I just heard for one purpose; that is, to undermine of increasing taxes. the Senator say—and, by the way, it is the balanced budget amendment. That Mr. WELLSTONE. Will the Senator part of the response to the discussion I is the sole and specific reason for it. yield? had with the Senator from Illinois. Mr. WELLSTONE addressed the Mr. HATCH. If I could just finish. What this amendment says, a sense of Chair. The fact of the matter is this amend- the Congress, coming right from Min- The PRESIDING OFFICER. The Sen- ment would cloud the whole issue. It nesota is that if we pass a balanced ator from Minnesota. would require us to do continual budg- budget amendment, then before we Mr. GLENN addressed the Chair. etary analysis of State budgets—there send it to the States we ought to have The PRESIDING OFFICER. Who are 50 of them; we cannot even handle for the States a financial analysis of yields time? the Federal budget—and thousands of the impact. What I am hearing the Mr. WELLSTONE. I would be pleased Federal programs tailored to each Senator say is it is too hard for us to to yield to the Senator from Ohio, but State and how it impacts each State. do that. if I could just respond. We would have to put in place, before So do you not think, I would say to First of all, I do not want Senators to ratification, not only the budget for my colleague from Utah, or my col- be able to vote on the basis of a dodge. each year until 2002, which of course we league from Idaho, or Ohio, or Georgia, This amendment in no way, shape, or cannot do because we cannot bind fu- our States have the right to know? Do form is opposed to the balanced budget ture Congresses, but we must analyze you not think our States have the amendment. Senators have different what we guess each of the 50 States right, as Minnesota as a State, to say views on that. I can assure my col- would do in each of those years in re- to us, ‘‘Look. After you pass this, if league from Utah, my good friend, that sponse to our assumptions about what you pass it, before you send it to us, the Minnesota House of Representa- future Congresses would do. And since will you please give us an analysis of tives and the Minnesota State Senate we cannot either bind future Con- its impact on our States?’’ And now I passed it by overwhelming votes and it gresses, nor should be attempt to tell hear the Senator from Utah saying it is was signed by a Republican Governor the States how they should respond, we too hard. We are talking about all sorts there. There is strong support by many would have a continually shifting proc- of amendments and all sorts of legisla- of these colleagues, Democrats and Re- ess, with continually changing infor- tion in the unfunded mandates bill publicans alike, for a balanced budget mation. We just do not have the capac- making sure that an analysis is done. amendment. The only thing they have ity to comply with this amendment. We did not say it is too hard for that. said is, from our perspective in Min- And I do not know how we would ever We are talking about the right to know nesota, I think from the perspective in get 535 Members of Congress to agree for our colleagues and for people back Utah and other States, how are we on all these forecasts of future Con- at the State and local communities. going to know whether or not to ratify gressional actions and the responses of Now, when it comes to a huge decision this unless we know what the impact is and effects on each of the 50 States. we are going to make, we are saying it going to be? If we are going to pass Furthermore, this amendment as- is too hard, that we cannot, after we something that is so far reaching, it is sumes that the States, which are very pass this, let our States know what the our right to know. Can you not provide S 1494 CONGRESSIONAL RECORD — SENATE January 25, 1995 specific information? Can you not pro- the essence of this amendment is to re- as they begin to downsize the rate of vide specific analysis? That is all this inforce a message we heard last night growth in Government, to turn to amendment says. from the President when he defined, in States and say: These kinds of impacts I yield 1 minute to the Senator from my judgment, his decision about the could occur. I think that would be the Ohio. new Democrat and old Democrat, when responsibility. The PRESIDING OFFICER. The Sen- he decided to oppose the balanced I hope the Senate will vote down this ator from Ohio. budget. He wanted things to stay the amendment in a tabling motion, be- Mr. GLENN. I thank the Chair, and I same in Washington. cause I do not believe it is possible for thank my colleague. He underscored his dispute with the us to project 7 years out into the future I just say that I hope the same logic balanced budget amendment by begin- what future Congresses might do and is used by the Senator from Utah when ning to raise the specter of fear across what impact it would have upon the Senator GRASSLEY’s amendment comes the land, and began pointing to specific States. up because the interpretation of his groups. This is but an extension of that Mr. WELLSTONE. Mr. President, amendment would mean we go back 21 context, to try to suggest to the States with all due respect to my colleagues years and require a study of all man- that there is something for them to that it is my joy to serve with, I think dates—all mandates, period. It does not fear about this Nation finally taking a lot of these arguments just miss the have a $50 million threshold to it, as I charge and putting in motion a dis- central point. I want all of my col- understand it. cipline to govern its financial affairs. leagues to be clear on what they are It would be such an enormous study That is what this amendment is de- voting on. that we requested CBO to give us fig- signed to do—to suggest that there is This is not a sense-of-the-Congress ures on how much it would cost them something to be feared. I might say, amendment that says we should not to do such a study, and they cannot following on the remarks of my good pass a balanced budget amendment. give us an estimate right now. In other colleague from Utah, it goes beyond a They are not voting on that. This is words, we are putting an unfunded question of the consumption of analy- not a sense-of-the-Congress amendment mandate on CBO. He is concerned sis as to how this would impact States. or sense-of-the-Senate amendment that about CBO and I am, too, but I think The point is that there is no way to de- says we should be voting against un- termine what the judgments of future the logic of what the Senator is trying funded mandates at all. In fact, the un- Congresses might—not even including to do should also be carried over to the funded mandates legislation says that all the august Members that are here— consideration of Grassley, which would senators and representatives in our do in order to arrive at a balanced be an enormous study, beyond any- State and local governments are enti- budget. This presupposes that you thing I would see proposed here. tled to information, entitled to a right could suggest what is going to happen Mr. WELLSTONE. I have not ref- to know before we pass legislation and in the future, and you cannot. erenced CBO. I have said it is up to us do not tell them anything about the The PRESIDING OFFICER. The time in our Budget Committee to come up impact or come up with the money. of the Senator has expired. with an analysis. This amendment is a mandate from Mr. CRAIG. Mr. President, let me Mr. CRAIG. I yield a few moments to Minnesota, strong bipartisan support conclude the time on our side by look- the Senator from Utah to respond. in a resolution that emphasized deficit ing at what past Congresses have done Mr. HATCH. Last year, at the height reduction. Then it ended up saying: of one of the most important debates when they proposed amendments to the last year, the battle over health care, Constitution. . . . be it Resolved by the legislature of the State of Minnesota, that it urges the Congress we could not get the economic analysis What the Senator is suggesting in his of the United States to continue its progress of just health care in sufficient time amendment is that the first Congress in reducing the annual Federal deficit, and for our analysis, and that involved just would have been able to anticipate that when the Congress proposes the balanced the President’s and one or two other in the first amendment we would have budget amendment, to accompany it with fi- health care programs. There were all said that yelling ‘‘fire’’ in a crowded nancial information on the impact on the kinds of other programs to be consid- theater is against that amendment. budget of the State of Minnesota. ered, but there was no time to get the But that is not what the first Congress My amendment says if we pass a bal- full economic analysis. The fact of the said about the first amendment, be- anced budget amendment before we matter is that what the Senator from cause they did not know at the time. send it to the States, which by defini- Minnesota is asking for would cost an They did not understand, or they could tion would be after we pass it, we arm and a leg and would not get us not anticipate, what a court would sug- should do an analysis of its financial closer to a balanced budget anyway— gest. impact on our States. How can our indeed it would place us further away What this is saying is that in the sec- States then make decisions about because of the increased costs in per- ond amendment we would have said it whether or not to ratify it unless we forming the analysis. was intended to keep guns out of the are willing to provide them with the I will look at Senator GRASSLEY’s hands of juveniles. That is not what information? amendment, because I think we have to our Founding Fathers said at the time. Mr. President, I am just amazed by look at what these costs are. But, real- They did not know. some of the arguments that have been ly, this type of an amendment does not Or we could have said the fourth made on the floor of the Senate be- have an efficacious effect. It is going to amendment required reading aspects of cause they do not speak to the central cost us. We do not have the facilities or the Miranda rights into the decision. issue. the resources to do it. We have to de- Or maybe we would have said, in a I say to my colleagues that this vote termine here what we can do to reach post-Civil War Congress, that we knew on this amendment is all about ac- a balanced budget by the year 2002. It 100 years subsequent how we would an- countability. This is all about being di- is going to take time to do it and it is ticipate all of the civil rights that rect with people. It is all about re- going to be costly in and of itself, with- would have come under the Constitu- sponding to our States. It is all about out worrying about 50 States, and we tion. No, I do not think that was in- the concern that people have, about should let future Congresses and each tended, and I do not believe that any where will $1.2 trillion or $1.3 trillion of the States make up its own mind Congress can anticipate what a con- in cuts take us between now and 2002. about how it wishes to comply with a stitutional amendment will do beyond What will be its effect on citizens in Federal rule of fiscal responsibility. the clarity of the language of the Con- Minnesota, Idaho, Georgia, Utah, all Mr. CRAIG. Mr. President, I yield 2 stitution itself, and that is that we will across the country? Minnesota State minutes to the Senator from Georgia. have a balanced budget amendment in legislators, Republicans and Democrats Mr. COVERDELL. Mr. President, I a period of time. alike, and the Republican Governor, thank my colleague from Idaho. I be- Now it would then be the responsibil- are bipartisan and have sent a resolu- lieve my good friend from Minnesota ity of Congresses following the enact- tion here. I translated that into an did not vote for the balanced budget ment of an amendment as they begin amendment. It is an eminently reason- amendment. I have to conclude that to shift the priorities of Government, able request that I think will come January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1495 from all of our State legislatures and [Rollcall Vote No. 43 Leg.] The PRESIDING OFFICER. The Governors, which is: If you pass the YEAS—54 Chair recognizes the Senator from balanced budget amendment, then be- Abraham Gorton McCain Ohio. fore you send it to the States, please do Ashcroft Gramm McConnell Mr. GLENN. Mr. President, in re- Bennett Grams Murkowski an economic analysis of it so we will Bond Grassley Nickles sponse to the majority leader’s com- know the impact on our States and on Brown Gregg Packwood ments, we are working very hard try- our people. Are we going to have to Burns Hatch Pressler ing to get just as many lined up with Chafee Hatfield Roth time agreements as short as possible so raise taxes at the State level? Is that Coats Helms Santorum what we are afraid to tell our col- Cochran Hutchison Shelby we can move it along. I know the ma- leagues at the State level? Are our Cohen Inhofe Simon jority leader’s desire to end this this Coverdell Jeffords Smith local governments going to have to week. We are certainly cooperating in Craig Kassebaum Snowe that endeavor to that end. We are try- rely more on the property tax? Is this D’Amato Kempthorne Specter going to become the biggest unfunded DeWine Kohl Stevens ing very hard to line things up just as Dole Kyl Thomas mandate of all, where we just transfer fast as we can, to get them tailored Domenici Lott Thompson with the shortest time agreement as costs back to State and local govern- Faircloth Lugar Thurmond possible. I think we are making some ments? Is that why we are unwilling to Frist Mack Warner progress, and we will continue. pass this amendment, a sense-of-the- NAYS—45 Mr. BAUCUS addressed the Chair. Senate amendment, that we at least, Akaka Exon Leahy The PRESIDING OFFICER. The before we send this to the States, have Baucus Feingold Levin Biden Feinstein Lieberman Chair recognizes the Senator from an accompanying financial analysis? Bingaman Ford Mikulski Montana. I hope that this amendment will at- Boxer Glenn Moseley-Braun Mr. BAUCUS. Mr. President, I ask tract strong bipartisan support. It is Bradley Graham Moynihan Breaux Harkin Murray unanimous consent that I be allowed to all about the rights of people back in Bryan Heflin Nunn proceed as in morning business not to our States to know what we are doing. Bumpers Hollings Pell exceed 10 minutes. It is all about accountability. It is all Byrd Inouye Pryor Campbell Johnston Reid The PRESIDING OFFICER. Is there about good government. It is all about Conrad Kennedy Robb objection? Without objection, it is so being direct and straightforward with Daschle Kerrey Rockefeller ordered. people, and this amendment should Dodd Kerry Sarbanes Mr. BAUCUS. I thank the Chair. Dorgan Lautenberg Wellstone pass by a huge vote in the U.S. Senate. (The remarks of Mr. BAUCUS pertain- I yield the remainder of my time. NOT VOTING—1 ing to the introduction of S. 274 are lo- The PRESIDING OFFICER. All time Simpson cated in today’s RECORD under ‘‘State- has expired. So the motion to lay on the table the ments on Introduced Bills and Joint Mr. CRAIG. Mr. President, I move to amendment (No. 185) was agreed to. Resolutions.’’) table the amendment of the Senator Mr. KEMPTHORNE. Mr. President, I The PRESIDING OFFICER. The from Minnesota, and ask for the yeas move to reconsider the vote by which Chair recognizes the Senator from and nays. the motion was agreed to. Idaho. The PRESIDING OFFICER. All time Mr. GLENN. I move to lay that mo- UNANIMOUS-CONSENT AGREEMENT has expired. tion on the table. Mr. KEMPTHORNE. Mr. President, I The question is on the second-degree The motion to lay on the table was will be very brief. I ask unanimous con- amendment numbered 186 of the Sen- agreed to. sent that at 1:30 p.m. the Senate turn ator from Minnesota to the first-degree Mr. DOLE addressed the Chair. to the consideration of amendment No. amendment No. 185. The PRESIDING OFFICER. The 202 by Senator BOXER and there be time Does the Senator from Idaho wish to Chair recognizes the majority leader. for debate prior to a motion to table di- table the first-degree amendment or ORDER OF PROCEDURE vided in the following fashion: 90 min- the second-degree amendment? Mr. DOLE. Mr. President, let me utes under the control of Senator Mr. CRAIG. I wish to table amend- state for the benefit of my colleagues, BOXER, 30 minutes under the control of ment No. 185. we do have a meeting at 2 o’clock Senator KEMPTHORNE. I further ask The PRESIDING OFFICER. The mo- today. Hopefully, everybody will unanimous consent no amendments be tion is to table amendment No. 185. come—Senators only, no staff—to talk in order to amendment No. 202, and Mr. CRAIG. Mr. President, I ask for about a number of things that affect that following the conclusion or yield- the yeas and nays. us, not as Senators, as Republicans or ing back of time, the majority manager The PRESIDING OFFICER. Is there a Democrats, but as people who live or his designee be recognized to move sufficient second? There appears to be around here. to table amendment No. 202 and that a sufficient second. I think during that period, we will upon the disposition of amendment No. The yeas and nays were ordered. not recess because I think there will be 202 the Senate turn to the consider- The PRESIDING OFFICER. The an amendment offered. But I want to ation of amendment No. 187. point out, we still have 39 amendments. question is on the motion of the Sen- The PRESIDING OFFICER. Is there This is the 11th day and we still have 39 ator from Idaho [Mr. CRAIG] to table objection? Without objection, it is so amendments to this bill. We are going the amendment of the Senator from ordered. to finish the bill this week, if it takes Minnesota [Mr. WELLSTONE]. The yeas Mr. GLENN addressed the Chair. all day today until midnight, all day The PRESIDING OFFICER. The and nays have been ordered. The clerk tomorrow until midnight, all day Fri- will call the roll. Chair recognizes the Senator from day, and all day Saturday. We are Ohio. The assistant legislative clerk called going to finish the bill this week. the roll. So I hope that Members are prepared f Mr. LOTT. I announce that the Sen- to offer amendments and give us time ORDER OF PROCEDURE ator from Wyoming [Mr. SIMPSON] is agreements, or not offer amendments. I absent due to a death in the family. cannot believe that every one of the 39 Mr. GLENN. Mr. President, I ask I further announce that, if present amendments, whether they are on this unanimous consent to proceed as if in and voting, the Senator from Wyoming side of the aisle or that side of the morning business. [Mr. SIMPSON] would vote ‘‘yea.’’ aisle, needs to be offered. So we will The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. finish this bill this week sometime. We objection, it is so ordered. COVERDELL). Are there any other Sen- may file cloture if we do not get some f ators in the Chamber who desire to action on some of the amendments. It vote? is 12:15. We disposed of one little THE PRESIDENT’S PERFORMANCE The result was announced—yeas 54, amendment. We have 39 left. Mr. GLENN. Mr. President, I will not nays 45, as follows: Mr. GLENN addressed the Chair. direct my address to the President’s S 1496 CONGRESSIONAL RECORD — SENATE January 25, 1995 speech last night. But I have been plan- have reduced the budget deficit since if we passed this legislation. So there ning for some time to make a few re- the administration of Harry Truman— was one exemption put in that said if marks regarding the President’s per- 3 years of reducing the budget deficit. you have key employees, and taking formance, with emphasis on the things How about the size of Government? those key employees out for family that I think are important to the fu- When this administration came in, we leave would hurt the business, they ture of this country. had a lot of publicity and talk about were exempted. But the regular rung of We get so bound up here in our con- reinventing Government. But it was employees in a company that can be siderations on the Senate floor, in our not all talk; a lot of things were also filled in for on a temporary basis, they committee work, and in our speeches put into effect. Some 300 different pro- would have the right to help take care back home that I think we sometimes grams have been cut in the last 2 years. of their families if there is sickness, or do not really sort out the wheat from We talk about reducing the size of Gov- a mother or father needs help, or if a the chaff and try at least in our mind’s ernment, getting the Government child is ill, or whatever. eye to go 10, 15, or 20 years in the fu- down-sized. The objective stated last This administration is expanding ture, and look back to see what was year was that within 3 years we would Head Start. We now have an extra really important to the people that was be able to reduce the size of the Fed- 200,000 young people in this country passed by any administration. What eral work force by some 272,000 people. that have access to the benefits of the has effect 15 years down the road for At that time, a lot of people clucked a Head Start Program. Last evening the every family, every child, the elderly, little bit, put their tongue in their President talked about his National the young —everyone in our whole so- cheek and said, ‘‘We will believe it Service Program. This program is a ciety? What then should be relegated when we see it.’’ Well, we are seeing it. helping hand. It is a program where to trivial footnotes of history? It seems Right now, the current figure of people are doing constructive things as though quite often we concentrate reaching that goal of reducing the Fed- for their community and reaping some on things that in history’s 20–20 hind- eral work force by 272,000 is being ac- benefit for it. I have talked to some of sight will be but trivia, while in the fu- complished. 98,000 people have already those people and they are proud of ture we will live with the important been cut from the Federal work force. what they are doing under these Gov- things that were passed in any admin- Along with those cuts—and I worked ernment programs. istration. I think we need to consider with the administration on this as I submit that, once again, going into the Clinton administration in that chairman of the Governmental Affairs the future some 15 or 20 years, we will light. Committee—has come something else. look back and many of those people The October 24 issue of Time maga- Formerly, the Federal work force was will be in productive work because of zine had a little graph that showed all skewed to bosses and there was not the opportunity they were given at this that this President, President Clinton, enough employees in many depart- time. I would be very surprised, if we had passed and signed into law more of ments and agencies. In other words, took that view in the future and actu- his stated agenda than any other Presi- the boss-to-employee ratio was not ally determined the past cost, if this dent since Lyndon Johnson and before what it is in private business, aca- program had not been something of that back to Dwight Eisenhower. In demia, or anywhere. In businesses benefit for the Government. Those peo- other words, it was the most successful across the country, the ratio of man- ple will be so much more productive. first 2 years—not quite 2 years, but the agers to employees is 1 to 12 or 1 to 15. They will be paying taxes and will be first 20 months—of accomplishing an The Federal Government has drifted productive citizens. Even more impor- announced agenda since President over the years to a point where it is tant will be the fact that their lives Dwight Eisenhower. top heavy. We have about a 1-to-7 man- have been enriched, and they will be That is a proud record quite apart ager-to-employee ratio. participating citizens in the future of from all the trivia and all the ups and At the same time we are down-sizing this country. What can be more impor- downs of charges against the President by 272,000, how do we manage to adjust tant than that? that I think will wind up as small print the manager-to-employee ratio? We In another area, the college loan pro- footnotes later, trivia, in history. put in buyout legislation along with gram has been expanded. The potential What we are talking about here is early retirements. This encourages the is there for some 20 million people to doing rather than talking. It seems to GS—the civil service ratings—GS–13’s, have the advantage of a college edu- me people tend to ignore the record of 14’s, and 15’s, who are basically the cation over the next few years. what was done, what has been accom- managers, to get out. So we are simul- For communities, there is a commu- plished in this first 2 years. Too many taneously down-sizing and correcting nity development bank that has been on the other side keep talking about this imbalance that is very wasteful provided. These are not things where doing some of these things that are al- and adjusting it back to a better ratio we are just talking about it as though ready under way, that are already that will compare favorably with what we had to do something in the future; being accomplished by this administra- is done in private industry and private these are things actually being done. tion. business. We do not hear that men- They are being accomplished now. I can go through some examples of tioned very often. When we get cut They are accomplishments of the first this. The economy has never been bet- down to the 272,000 level, we will have 2 years of this administration. These ter. We have the lowest unemployment the lowest Federal employment since are not pie-in-the-sky things. These are in 4 years, and the budget deficit has John F. Kennedy was President. things where the new administration come down 3 years in a row. That is not What other things have been done made these proposals, worked with something for the future. This is being during the first 2 years of this adminis- Congress, and we got them through. done now with the economic policies of tration? With the administration’s sup- I think the news media concentrate this administration. We remember the port, the Congress put through a fam- on the trivia of history to the exclu- reconciliation vote in August of the ily leave bill. Everybody talks about sion of some of the good things that first year of this President’s tenure in making a more family-friendly admin- have gotten through for which the office. There was not a single Repub- istration here in Washington, a more President should get due credit as ac- lican vote, not one, that we could get family-friendly Nation. What could be complishments achieved during the ad- here in the Senate to pass that rec- more family friendly, I ask you, than ministration’s first couple of years. onciliation. In fact, the Vice President allowing employees to have time off Yet, too often we find the other side had to break the tie on that vote. when there is a bereavement in the talking as though nothing has been There were dire predictions by some on family, when somebody is sick, or when done in these areas. the other side that there was going to there is a birth in the family? These We want to cut the size of Govern- be massive unemployment. In fact, all are times when a person’s attention ment. It is being done, my friends. It is the other things that were brought up should flow to the family and be con- being done now—and ahead of schedule. at that time that have not occurred. centrated on the family. There has been a 98,000 reduction in the The economy remains in good shape. I Once again, there were all sorts of Federal work force already, but 272,000 repeat this is the first time we will dire predictions of what would happen was the goal, and that is coming. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1497 Have we gotten everything done? Not tion on health care reform. Because of some of the delays occasioned in the by a long shot. We are just seeing the the efforts of the President and the last 10 weeks of the past session, where beginning of GATT. I have not men- First Lady, there was attention fo- nothing was being let through, we tioned that. International trade is now cused on health care all through last probably would have had congressional being addressed. This is controversial. year. Maybe it excluded some other coverage legislation last fall. We have a lot of people in my State of things. I would say the same with unfunded Ohio, and some were for GATT and But was it a total loss? No; I do not mandates, the bill that is on the floor some were against GATT. I submit think it was. Because what happened right now. Unfunded mandates is an- that we have moved into such an eco- was the health care community, the other one that my colleague Senator nomic situation in the world that had health care providers, those in the KEMPTHORNE from Idaho has taken a we not finally terminated negotiations health care industry, took a new look lead on. I have worked with him on and gotten an agreement on GATT, we at themselves. They took a new look at this. We had a bill through committee would have placed ourselves at a great themselves and said, maybe we can do last fall, S. 993, but, once again, be- disadvantage down the road. better, and felt that they should do cause of the delays, we could not get it To give an example of what I am better or something was going to hap- on the floor. We even finally tried to do talking about, if we went back to a pen to them. it by unanimous consent. We could not New England village 100 years ago or So we find HMO’s being formed and do that last fall in the last few days of so, it probably made very little dif- we find hospitals cooperating for the the session, so that did not get passed. ference whether anyone came through first time with other hospitals, not just So we are addressing that now. that village from one year to the next. in competition but working together to This legislation also has a long his- The buggy-maker was on one corner, see whether they cannot share equip- tory over the last couple of years of the cobbler or the shoemaker was over ment and cut costs down. We find doc- being addressed under the leadership of on another corner, most people had a tors’ groups moving to HMO’s. We find the distinguished Senator from Idaho. garden out behind the house, and there all sorts of things going on in the medi- And he has done a great job. It has were vegetables grown out in the val- cal industry, the health provider indus- been an honor for me to work with him ley. It was basically a self-sufficient try, that are good, largely as a result on this legislation. We remain as com- community that took care of itself. of the concentration on health care mitted as ever to getting it passed. We People took care of people; the commu- during the past year. are involved now in some of the dif- nity took care of its local community. I do not want to be a Pollyanna ficulties in getting it through. Now, what happened? Then we devel- about this and say that we solved our There were delays in committee. We oped out of that village, and the cob- health care problems. Far from it. We were not permitted to bring up amend- bler, in effect, became all of New Eng- have yet to address many problems, ments in committee, so we are trying land and parts of the South. The and they are still out there waiting to to address those amendments here on buggy-maker became Detroit, and the be addressed, because we have many the floor right now to correct some dis- Imperial Valley in California became millions of Americans that do not have crepancies in the bill and to make the the supplier for the whole Nation, as health care insurance yet. But I would bill better and workable. So we will our means of shipping were expanded. say that the costs are beginning to work through this. Then we developed even further, and level off a little bit from what some of But I wanted to take this oppor- what happened? The buggy-maker that the predictions indicated because of tunity, since there were some com- was in Detroit became 30 percent Japa- the attention that was put on the in- ments made about the President’s nese, and the cobbler became Korea dustry last year and because of the ac- speech last night, to make these few and Italy, and our food was sent all tion they have taken to try to reduce remarks here today on the floor about over the world, with hundreds of mil- health care costs. So that is one that the accomplishments of the first 2 lions of tons being shipped everywhere. we have yet to deal with. years of this administration. I person- In other words, we became, whether There are environmental concerns ally think the President can be very we like it or not, a worldwide commu- that we have not yet addressed. Last proud of these first 2 years. nity. And the question is, are we going night, the President spoke of several As I started off saying, Time maga- to move into GATT and participate and other issues that have not been ad- zine in the October 24 issue showed a be the competitive Americans that we dressed such as lobbying reform, politi- bar chart of accomplishments of the have always been, or are we going to cal reform and campaign finance re- announced agenda of Presidents going ask for protection in a world that is form. clear back to Dwight Eisenhower, since moving toward international relation- There are two other issues that we World War II. This President has the ships? are in the process of addressing. One of best record of getting through what he I think it is to the President’s credit the two other objectives set early on in said he would do since Lyndon John- that he moved us into GATT. GATT the administration was congressional son, who came in on the heels of the was not something that was supported compliance with the laws that apply to Kennedy assassination, had a great by just this President alone, but he everyone. We voted that out of here. It wave of support at that time, and going brought it to its final culmination, and went to the White House and the sign- beyond that back to Dwight Eisen- we got it through. GATT had been ing was just the day before yesterday. hower, who was trying to reform things going on over the last two Republican I participated in that signing. This leg- after World War II and had the support administrations. It has been negotiated islation is something that I have of the people in that effort. over a lengthy period of time. But it pushed on the Senate floor since 1978 So I think this is a Presidency in was brought to fruition, and now we and it has taken all this time to get it which we can be proud of its accom- have this agreement that I think will through. Senator GRASSLEY and Sen- plishments. Did the administration ac- be a pattern, not perfect, that we can ator LIEBERMAN took the lead in draft- complish everything they wanted? No, follow into the future. ing this legislation through our Com- certainly not. There was a mammoth Now, have we accomplished every- mittee on Governmental Affairs last effort on health care last year that did thing that needs to be accomplished? year and we almost had it through last not result in everything they wanted, Certainly not. There was a lot that did fall. and we still have to deal with that. not get done in the first 2 years. Cer- Those who would somehow seem to But I wanted to set the record tainly health care is one that always eliminate all past considerations as straight on what I think will be in the comes up about what a great failure it though this legislation was something mind’s eye, looking back 20 years from was. Well, I think, in looking back on brand new that was passed just because now or 15 years from now, as to what is what happened here, the concentration there was a change of political leader- affecting my family, your family, our on health care last year was not all a ship in the Congress have not looked children, our mothers and fathers, and disaster, for this reason: back to see the long history of what so on. What, in this first 2 years, will For the first time we had a con- has happened in getting to the point be the important things that are af- centrated debate, concentrated atten- where we are now. Had there not been fecting lives across this country? And S 1498 CONGRESSIONAL RECORD — SENATE January 25, 1995 if we look at it from that vantage point floor, and I just have a few comments constitutional amendment, they can in the years to come, it seems to me to make in regard to this subject. pass any bill, now. It only takes a ma- that we will be living with a lot of Many colleagues who support such a jority to pass a bill. If all Senators are very, very important things. We will constitutional amendment are sincere here, it only takes 51 Senators to pass have had a stable economy during this in their belief that such an amendment a bill, and only a majority of the House time; we will have had a new relation- is the answer to our budget deficits and to pass a bill. So if the votes are in ship in trade that we can expand; the is necessary to impose discipline on both Houses to adopt a constitutional crime bill—I did not mention that; that ourselves. I do not quarrel with their amendment to balance the budget, the is one that affects us everywhere we sincerity. They have a right to their votes are here to produce simple ma- live—family leave, Head Start, na- viewpoints just as I have a right to jorities to pass bills and resolutions tional service. These are programs that mine. that will get the job done now. We do are good. They are programs that I I heard it said earlier today that not have to wait 7 years. have been glad to be a part of helping Members of the House and Senate In the final analysis, the discipline put through here in the Congress. should show courage by voting for a that is needed now will still be needed constitutional amendment. Mr. Presi- Mr. President, I believe we are ready 7 years from now if this amendment dent, courage is not needed to vote for to move on some other items here. I goes into effect. That constitutional a constitutional amendment to balance yield the floor. amendment will not cut one program the budget. Courage is needed to op- Mr. President, I had asked that we go nor will it raise taxes by one copper into morning business. I ask that we pose the constitutional amendment to balance the budget. We read public penny. In my judgment it will have to return to regular order. be a combination of both in order to The PRESIDING OFFICER (Mr. polls that 80 percent of the American deal with the extremely serious prob- INHOFE). Without objection, it is so or- people support a constitutional amend- lem of balancing the budget. dered. ment to balance the budget. Courage is The responsibility of balancing the f not needed to vote for something that the polls say 80 percent of the people budget 7 years from now will rest UNFUNDED MANDATE REFORM want. Courage is needed to take the where it rests now: With the President ACT time to try to convince the American of the United States and with the Members of the House and the Senate. The Senate continued with the con- people that they are being misled. So If we lack the discipline now we are not sideration of the bill. those of us who vote against a con- likely to have much more spine, if any, Mr. LEVIN. Mr. President, I was stitutional amendment to balance the going to call up amendment No. 173. It budget are swimming upstream, and 7 years from now. It will come right was my understanding that the man- going against the grain. back here. Of course, many of those agers of the bill were prepared to ac- I believe it was Talleyrand who said, who vote for a constitutional amend- cept this amendment, and now I am ‘‘There is more wisdom in public opin- ment to balance theMr. Chairman, ion than is to be found in Napoleon, not certain if that is true. Since that budget today probably will not be Voltaire, or all the ministers of state uncertainty exists, I will withhold ask- around, some of us, in the House and present and to come.’’ ing to move to consideration of this Senate, 7 years from now. I subscribe to that view. There is amendment, and I yield the floor. Mr. President, an immense hoax— more wisdom in the people, but the Mr. BYRD addressed the Chair. that is what this is, in my judgment, a people have to be informed in order to The PRESIDING OFFICER. The Sen- colossal hoax. It is supported by a lot reach considered and wise judgments. ator from West Virginia. of well-intentioned, well-meaning peo- The people have to be correctly in- Mr. BYRD. Mr. President, the distin- ple. But in the final analysis, that is formed if they are to form wise opin- guished Senator from Ohio, Mr. GLENN, what it will prove to have been—a ions. They also have a responsibility to hoax. It is about to be perpetrated on has been making some comments with do what they can to inform themselves. reference to the President’s State of the public at large. It does not take courage, Mr. Presi- It is this Senator’s hope that the peo- the Union Message, I believe. dent, to vote for this constitutional Mr. President, has Pastore rule run ple will get quickly about the business amendment on the balanced budget. It of informing themselves of the rami- its course? just takes a politician’s view of what is The PRESIDING OFFICER. The fications of the so-called balanced best for him or her politically at the budget amendment before it is too late. Chair advises the Pastore rule will ex- moment. I urge Senators to show cour- pire at 1:30, beginning at 10:30 this In my opinion, the American people age in taking the time to debate this could do themselves no better favor morning. matter fully and voting against a con- than to become very intimately in- Mr. BYRD. Mr. President, I ask unan- stitutional amendment on the balanced volved as fast as they can with the de- imous consent that I may speak out of budget, at least until the proponents tails. And they should insist on their order. show Senators what is involved here— representatives in these two bodies to The PRESIDING OFFICER. Without what is in this poke, along with the give them the details, and the probable objection, it is so ordered. pig. f I hear it repeated over and over again impact of this proposal. that we need a constitutional amend- For almost every benefit being CONSTITUTIONAL AMENDMENT TO ment to balance the budget, so that we claimed by the proponents of this ill- BALANCE THE BUDGET will be forced to discipline ourselves. conceived idea, the exact opposite of Mr. BYRD. Mr. President, I listened Mr. President, no constitutional the bogus claim is, in fact, the truth. to a goodly number of our colleagues amendment can give us the political For example, the proponents claim earlier today as they came to the floor spine to make the hard choices nec- that the balanced budget amendment to speak about the constitutional essary to balance the budget. Constitu- will remove the burdening of debt from amendment on the balanced budget. I tional amendments cannot impose our children and leave them with a was glad to see the President last night spine or courage or principle where brighter future. This balanced budget give some time to that subject matter. those things may be lacking to begin amendment will do nothing of itself. I was glad that he stated that the pro- with. The amendment would do nothing of ponents of a constitutional amendment We do not need a constitutional the kind that is being stated. Even if to balance the budget have a respon- amendment. If the proponents of a con- we were somehow able instantly to be sibility to let the American people stitutional amendment have two-thirds able to bring the current budget into know up front the details as to just of the votes in the House and Senate, balance, our children, our grand- how the proponents propose to achieve and I would say they are very close to children, and their children would still that balanced budget over the next 7 that, I would say they would need 67 be in debt and they would still be pay- years. votes in the Senate and 290 votes in the ing interest on that debt. Bringing the I listened to my friends with a great House. If they have 67 votes in the Sen- budget into balance so that there is no deal of interest this morning on the ate and 290 votes in the House for a deficit this year or next year, or the January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1499 next year, is child’s play compared fundamental law of the land: The Con- anced budget amendment this morning with wiping out this Nation’s $4.6 tril- stitution. said we are all in favor of balancing the lion national debt. That balanced budget amendment budget, and we are. If we devastate the What we pay interest on is our debt. will not take our grandchildren off the part of the budget that keeps our kids The people should be made aware that hook. It cannot and will not. educated, protects our health, advances the deficit is not the debt. The debt is As for leaving future generations our research, helps to keep our Nation an accumulation of the deficits built with a brighter future, this balanced competitive in the world, keeps our in- up over a period of years. A constitu- budget amendment is more likely to frastructure in good repair—in other tional amendment does absolutely snuff out any possibility for a brighter words, minds the basic needs of the Na- nothing about retiring the national future for many of America’s children tion—what are we actually doing? debt. than to brighten such future. Mr. President, is there an order that The American people are being told Getting the details about how the at 1:30 we go back—— that by passing a constitutional proponents would actually get to a bal- The PRESIDING OFFICER. Yes, the amendment, we will somehow be re- ance by the year 2002 is like extracting Chair will state to the Senator from lieving generations to come of the obli- blood from a turnip. The President said West Virginia, under a previous order, gations to pay for the debt of past gen- we ought to have that. But if the broad we will be considering an amendment erations. Well, until the day that the outlines of such a plan to get to bal- at the hour of 1:30. national debt is completely retired, ance are to be believed, America’s fu- Mr. BYRD. I thank the Chair. I ask there will still be interest that has to ture may be dim, indeed. unanimous consent that I may proceed be paid, and then there will be the prin- According to reports, some pro- out of order for not to exceed 10 min- cipal, which future generations will ponents of the balanced budget amend- utes. have to eliminate. ment want to exempt Social Security The PRESIDING OFFICER. Is there That is not to say that getting our and exempt defense spending from any objection? Without objection, it is so deficits down is not important. It is. cuts. Regardless of whether one agrees ordered. And we went down that track in 1990 with those exemptions or not, let us Mr. BYRD. Mr. President, so what we when, under President Bush, we met at just look at the arithmetic. are actually doing is walking away the so-called budget summit and a Re- If one adds to that list the interest from these responsibilities at the Fed- publican President, President Bush, on the national debt, which cannot be eral level and relegating them to the and the Democratic Congress, made up cut and which must be paid, then more States and counties and municipal gov- of both Houses, not just one, enacted than half of the Federal Government’s ernments. Some would say, ‘‘Yahoo, legislation to reduce the deficit over a budget will have been excluded from get the Federal Government off our period of 5 years. any effort to balance the budget by backs.’’ That is the standard talk show The same thing happened again in constitutional amendment, if those answer. But let us give that a little 1993. President Clinton and a Demo- items, defense and Social Security and more thought. cratic Congress passed a reconciliation interest on the debt, are taken off the With the passage of this balanced measure which laid out a 5-year glide- table. budget amendment, we will actually be path to bring down the deficits, and the When we take those items off the shifting traditional Federal respon- deficits are coming down. menu, slide them off the table and to- sibilities, many of them, to the States That was a tough bill to vote for. Not tally insulate them from any review or and to the State houses. We will be cre- one of our Republican friends on the analysis as to whether or where they ating a patchwork quilt of a nation Senate side—not one—not one of those should be cut, what have we done to with some States able to meet the in- who are proposing today that we have the remainder of the Federal budget? creased responsibilities dumped on a balanced budget amendment to the The prime candidate then left to feel them by the Federal Government’s Constitution, not one voted for that the budget ax becomes the domestic withdrawal of funds due to steep budg- bill in 1993, and I believe I am correct discretionary budget. et cuts and other States not being able in saying that not a single Republican Discretionary spending is made up of to do so. in the House voted for that package. I both domestic and defense spending. If We will have some States with enor- could be wrong in that. But not one we eliminate defense from the equa- mous unemployment, some States with vote came for that bill from the other tion, then the prime candidate to feel extremely dilapidated and deplorable side of the aisle. There was an oppor- the budget ax becomes the domestic transportation systems, some States tunity for courage. Why was it not discretionary budget. That portion of booming, maybe, and others busting. demonstrated then by the proponents the budget is the portion left to fund Do we want that result? on the other side of the aisle? education, veterans’ medical care, pen- I hear the Governors boasting of hav- There was some pain in that pack- sions, protect our people’s health and ing cut taxes. I heard some of that last age—some increased taxes, some cuts safety, fund research and development night. They are cutting taxes at the in programs. We are operating right projects, build roads and bridges, fund State level. And they have further tax today with a freeze on discretionary crime-fighting efforts, foster U.S. eco- cuts planned. Just wait until this con- spending. We are operating below a nomic competitiveness in global mar- stitutional amendment goes into ef- freeze in our discretionary spending, kets, and generally invest in our peo- fect. Those Governors will not cut because we passed that package and be- ple, their talents, and their future. taxes anymore. They will have to in- cause, subsequently, we have passed Obviously, if we take most of the crease taxes because much of the bur- measures that are in keeping with the Federal budget off limits for cuts, then den is going to be dumped on them promise that we made when we passed the portion that is still eligible for cuts from the Federal Government. We will that budget reduction measure. That is is going to be pretty badly devastated. have trickle-down mandates. The Fed- the course we ought to continue on: One-point-three trillion dollars is not eral Government will offload the prob- Bring the budget deficits down but do change for the streetcar or the bus. lems on the State governments. State not tamper with that fundamental or- What then happens to the quality of governments will offload those prob- ganic document, the fundamental law life in America that we are going to be- lems on the county governments and of our country which trumps any other queath to our children? That ought to municipal governments, and in the law of the land. be a prime consideration in our debate final analysis the same people who pay So let us not buy the claim that the here on the floor, and it ought to be a the taxes now are going to continue to balanced budget amendment will some- prime consideration on the minds of pay the taxes. how take your grandchildren off the the people. Do we want to have parts of America hook. These deficits and that debt can Are we really doing our children and looking like a Third World country? I never be wished away, nor can they our grandchildren a favor by embracing have not heard those concerns ad- willy-nilly, over a period of any num- this amendment to balance the budget? dressed by anyone. The American peo- ber of years, be erased through a sim- We are all for a balanced budget. Those ple are not being told about the very ple provision that is inscribed into the Senators who spoke in support of a bal- dark and dismal side of this balanced S 1500 CONGRESSIONAL RECORD — SENATE January 25, 1995 budget amendment. Why is not anyone load is going to shift to them. They are Understand that the balanced budget talking about these probable results of going to be increasing taxes. Federal amendment straitjackets the Nation enacting such a proposal? In the opin- taxes will be cut and paid for with cuts when it comes to dealing with the ion of at least one leader of the other in Federal programs, but that means economy. In a recession when economic body, the answer is, because if we talk the States will be left holding the bag, activity falls and revenues fall, unless about these things, the proposal will and the States’ taxes will likely climb the Congress can get a three-fifths vote not pass. The knees of Members will through the ceiling. The poor, unwit- to agree to run a deficit, then the Gov- buckle. ting believer in the balanced budget ernment will be forced to aggravate the Now, think of that. Are we going to will be given the double whammy of in- problem by cutting public expendi- hide these things from the people in creased taxes and reduced services. tures, which is the easiest way I know order to pass this ill-conceived idea? When one takes more than half the to turn a recession into a depression. There are other aspects of this pro- Federal budget off the table—makes it Fiscal policy needs to be flexible be- posal that are being hidden from the off limits for cuts under the balanced cause we cannot accurately predict American people as well. All the while budget amendment—then fully one- economic fluctuations. Engraving fis- we are slashing away at the funds we third of the remaining Federal pro- cal policy and political ideology on the have used to invest in our own people, grams are composed of grants to State marvelously flexible United States some of the proponents of this amend- and local governments and those are Constitution is like putting an ugly ment are busily signing on to some of obviously going to be brutalized under tattoo on the forehead of a beautiful the biggest tax cuts in our history. The this balanced budget amendment re- child. It is inappropriate, will mar the U.S. Treasury Department indicates gardless of our passing this unfunded child forever, and it serves no purpose that Congress will have to come up mandates bill that is presently before whatever except to destroy something with another $300 billion in cuts over the Senate. inherently fine and to deface it. the next 7 years to pay for the tax cuts I hope the Governors will listen. I I implore the American people to reported to be embraced by the so- hope the Governors are eager to raise make the powers-that-be tell the called Contract With America. taxes to pay for essential needs, be- American public how—exactly how— Now that, my friends, is not small cause the Federal Government is going they intend to get the budget into bal- change, either. Well, some would say, to have to take a powder under this ance by 2002. What are the proponents what is wrong with that? I want a tax balanced budget amendment. hiding? What about this sleight of hand cut. Nobody is leveling with the American on the subject of tax reduction? What Now we have the leaders of both par- people about these matters. I say to else is there that we do not want the ties advocating tax cuts. the American people, if there is ever a American people to know? Well, with a constitutional amend- time to utilize your well-honed distrust I also hope to remind the American ment to balance the budget, we need to for politicians, utilize it now. Demand people that television and radio talk reduce our deficit. We do not want any to know what balancing the budget shows are entertainment, not hard cuts in defense. We say no cuts in So- really means and how the proponents news and not hard facts. Do not let the cial Security. We want to balance our plan to balance it. Do not let the poli- colorful talk show hosts obscure real budget, but we also want to cut taxes. ticians get away with this rabbit in a issues by exploiting public anger. If I said to Mr. Reagan, when he was hat, with this sleight of hand. you are really angry about public pol- President, you cannot do all these What is going on here is simply poli- icy, demand to know the details of the things and balance the budget. You ticians falling all over each other to so-called cures for the ills of public pol- cannot cut taxes in the situation we embrace something that is momentar- icy from the proponents. Do not buy are in; you cannot have a massive ily popular. Sloganeering has taken the three-line formulas as a blueprint for buildup in defense spending; you can- place of serious legislating and only some so-called American revolution, not do all those things at the same you, the American people, can turn some Contract With America. time you cut taxes and still balance that around. I urge the American peo- Here in my hand is my ‘‘Contract the budget. And we saw an accumula- ple to look beneath the slogans before With America,’’ the Constitution of the tion of $3.5 trillion added to the nearly it is too late. Demand to understand United States of America. If revolu- $1 trillion national debt which was in what will really happen to your taxes, tions are contemplated, let us remem- existence when President Reagan was to your quality of life, to your local ber Lenin’s words: elected—an almost $1 trillion national economy, to your children and grand- ‘‘We shall destroy everything, and on debt—and now we have a $4.5 trillion children if we constitutionalize this its ruins we shall build our temple.’’ debt. slogan. Demand to know the details. Does that sound like some of the talk Look again at those tax cuts in the Understand that when Federal taxes that is making the rounds lately? context of the budget cuts. It does not are slashed in this instance, State It might be well to remember Lenin’s make sense. All that additional chop- taxes are likely to soar, likely to go words in these days of talk about revo- ping at the budget to pay for tax cuts up. Understand that when necessary lution. puts even more pressure on the States Federal programs are slashed, services If revolutions are contemplated, let to fill in the gaps left by the cuts in decline. the public clearly understand what the the Federal budget. I am not saying that there should not final results may be before we so There is some very clever sleight of be some programs slashed—that is wound the Constitution and the Repub- hand going on here, Mr. and Mrs. Tax- what we did in 1993; it is what we ought lic that they may never recover. payer. You may get the Federal tax to do—or services decline. Each State We are only just now recovering from cuts, but your State taxes are going to then has to try to pick up the slack. the fiscal hangover left the Nation by go through the roof as a result of this Understand that reducing the deficit the Reagan revolution. As I recall bal- constitutional amendment on the bal- is not the same as reducing the debt, anced budgets, tax cuts, budget cuts, anced budget. And that ought to infuri- and do not be disappointed to learn and sacrosanct defense budgets were all ate every thinking American taxpayer that even after we devastate the only prime features of that last revolution and inflame every Governor of the Na- pot of money we have from which to in- and we are still paying the tab for that tion. But many of the Governors are vest in ourselves, in our Nation, and in one. Let us not overdose on a frenzy of saying: No, give us a constitutional our children by way of infrastructure dimly understood procedural reform to amendment to balance the budget. We and investment in the Nation’s infra- the point where we take the insane are cutting taxes in the States. Why do structure, those children and their step of writing fiscal policy into the we not have a balanced budget amend- children will still be paying interest U.S. Constitution. ment? Get the Federal Government off annually on the national debt. We are on the road to balancing the our back. Also understand that the unfunded budget, and it is an important and Once that constitutional amendment mandates legislation does nothing to laudable goal to do so and we cannot takes effect, the Governors of the protect States from Federal mandates let up. We have passed important and States will not be cutting taxes. The already in place. significant deficit reduction measures January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1501 in 1990 and in 1993, the latter without a proposal for a constitutional amendment On welfare: single vote, as I say, from the Repub- that would require income tax increases to There are two proposals being considered lican majority in either House. What be passed by a larger, three-fifths majority in Washington for reforming welfare. One does that tell the people about the re- of the members voting. proposal would require welfare recipients to find work after 2 years on the rolls, and ality of expecting to get votes on meas- Percent Favor ...... 69 would guarantee them a public sector job if ures that will be required to reduce the Oppose ...... 24 they couldn’t find one in the private sector. budget, measures that inflict pain? Do you favor or oppose giving the Presi- The other proposal would simply allow What does that tell the people? dent a line-item veto, which would allow him states to cut off a recipients’ benefits after An informed and active citizenry is to reject individual parts of a spending bill, two years with no guarantee of a job. Which essential for the workings of a rep- rather than having to accept or reject the of these proposals do you prefer: the one that resentative democracy. It is up to the entire bill as current law requires? guarantees recipients a job or the one that includes no guarantee of a job? people to exercise their right to know Percent by demanding explanations to the Favor ...... 73 Percent many unanswered questions about this Oppose ...... 20 Version that guarantees job ...... 66 proposal, and it is my hope that they As you may know, under the current in- Version that does not guarantee job . 29 will be relentless and ruthless in their come tax system, high-income people are Neither/Other ...... 2 taxed at a greater rate than low-income peo- pursuit of knowledge in this particular ple. There is a proposal to replace that sys- There are two other welfare reform propos- case. tem with a ‘‘flat tax,’’ under which everyone, als being considered in Washington. One pro- Mr. President, I call attention to a rich and poor, would pay 17% of their income posal would require welfare recipients under poll. Mr. President, the poll shows that in taxes. Under this plan, income from cap- the age of 18 who have children out of wed- lock to live at home in order to receive bene- 86 percent of the people think that the ital gains and interest on savings would be tax exempt, but the current deduction for in- fits. The other proposal would cut off all ben- balanced budget amendment’s backers efits to recipients under 18 who have children should be required to specify what cuts terest paid on home mortgages would be abolished. Do you favor or oppose this pro- out of wedlock. Which of these proposals do they would make before the amend- posal for a flat tax? you prefer: the one that requires recipients ment is adopted. to live at home in order to get benefits, or Percent the one that cuts off their benefits alto- I ask unanimous consent that the Favor ...... 40 poll released by the Los Angeles Times Oppose ...... 48 gether? on Monday be printed in the RECORD. Don’t know ...... 12 Percent There being no objection, the mate- As you may know, in 1993 Congress raised Version that requires living at home 58 rial was ordered to be printed in the the percentage of Social Security benefits Version that would cut off all bene- RECORD, as follows: that are subject to income tax, from 60% to fits ...... 28 85% for elderly couples with annual incomes [From the Los Angeles Times Poll, Jan. 23, Neither/Other ...... 9 of 44,000 dollars or more. There is a proposal 1995] On tax cuts: to repeal that increase and restore the rate There are two proposals for cutting taxes SELECTED RESULTS FROM THE TIMES NA- to 50%. Do you think the percentage of So- being considered in Washington. One pro- TIONAL POLL, RESPONSES ARE AMONG ALL cial Security benefits subject to income tax posal would provide families with annual in- ADULTS should remain at the current 85% for these comes of up to 75,000 dollars with a tax credit A full results summary with question couples or should it be cut to 50%. for children under 13, and families with in- wording and full question text will be avail- Percent able through the Los Angeles Times Poll at comes of up to 100,000 dollars with a tax de- Remain at 85% ...... 43 duction for their children’s college tuition. a later date. Cut to 50% ...... 49 Note: Not all numbers add to 100% because Neither/Other ...... 2 The other proposal would provide families with an income of up to 200,000 dollars with in some cases the ‘‘Don’t know’’ answer cat- Do you think the federal government egory is not displayed. a tax credit for all children, as well as a 50 should spend a great deal more money on na- percent cut in the capital gains tax. Which of AMBIVALENCE ABOUT REPUBLICAN PROPOSALS tional defense, or somewhat more, or some- these proposals do you prefer, and I can re- Do you think the Republican ‘‘Contract what less, or do you think the federal gov- peat them if you wish. with America’’ is a realistic or unrealistic ernment should spend a great deal less Percent set of proposals? money on national defense? Version for families with incomes [In percent] Percent Great deal/Somewhat more ...... 32 under 75,000/$100,000 ...... 55 1/95 10/94 Somewhat/Great deal less ...... 60 Version for families with incomes under $200,000 ...... 23 Realistic set of proposals ...... 31 30 Do you approve or disapprove of a con- Unrealistic set of proposals ...... 54 55 stitutional amendment which would limit to Neither/Other ...... 10 Some are realistic, some are unrealistic ...... 4 3 Don’t know ...... 11 13 12 years the time any member of the U.S. Don’t know ...... 12 Senate or House of Representatives could VARIOUS POLICY PROPOSALS serve? As you may know, Congress is considering Do you approve or disapprove of President a proposal for a constitutional amendment Percent Clinton’s national service program called to require that the federal budget be bal- Approve ...... 75 Disapprove ...... 21 ‘‘AmeriCorps’’ which provides students grant anced by the year 2002. Those in favor say money for college it they agree to perform this is the only way to force the government Do you think the term limits amendment two years of national service? to bring the federal budget deficit under con- should apply only to those elected after its trol. Those opposed say it would require in- approval or should it also apply to law- Percent creased taxes and cuts in Social Security, makers who are in office now? Approve ...... 72 Medicare, and Medicaid programs. Do you Percent Disapprove ...... 19 favor or oppose the proposal for a constitu- Apply to new members ...... 17 In order to reduce the federal budget defi- tional amendments to require a balanced Apply to current members ...... 74 cit, some have proposed that higher-income federal budget? Oppose term limits ...... 3 people over the age of 65 pay extra for Medi- Percent On another subject, do you favor or oppose care, the government health insurance pro- Favor ...... 40 allowing U.S. troops to serve under United gram for the elderly. Do you favor or oppose Oppose ...... 53 Nations commanders in some circumstances? this proposal? Do you think the balanced budget amend- Percent Favor ...... 48 ment’s backers should be required to specify Favor ...... 66 Oppose ...... 46 what cuts they would make before the meas- Oppose ...... 35 ure can be passed, or should the amendment CRIME/WELFARE/TAX CUTS As things stand now, the age when people become eligible for Social Security benefits be passed first, leaving the details until On crime: later? will be raised from 65 to 70 in the year 2034. Which version of the crime bill do you pre- In order to reduce the federal budget deficit, Percent fer? Specify cuts first ...... 86 some have proposed raising the eligibility Leave until later ...... 10 Percent age earlier than 2034. Do you favor or oppose The original bill which had money this proposal? Right now, the Constitution allows Con- for crime prevention programs ...... 72 gress to pass tax increases by a simple ma- A revised bill with no crime preven- Percent jority vote, that is, by just over half of the tion funds ...... 20 Favor ...... 27 members voting. Do you favor or oppose a Neither/Other ...... 4 Oppose ...... 67 S 1502 CONGRESSIONAL RECORD — SENATE January 25, 1995 In order to reduce the federal budget defi- Percent [In percent] cit, some have proposed a reduction in the Favor ...... 73 annual cost of living increases given on the Repub- Oppose ...... 23 Bill licans in pensions of retiree’s from the military and Clinton Con- federal government. Do you favor or oppose MEXICO LOAN GUARANTEES gress this proposal? As you may know, Mexico faces an eco- Bring change ...... 49 41 Percent nomic crisis which has forced it to sharply Business as usual ...... 45 47 Favor ...... 42 devalue its currency. In response, private Don’t know ...... 6 12 Oppose ...... 49 American banks plan to loan that country up to 40 billion dollars, and the U.S. govern- As you may know, the Republicans now UNFUNDED MANDATES ment has agreed to pay back those loans in control both houses of Congress for the first As you may know, the federal government the event Mexico doesn’t repay them. Do you time in 40 years. Because of that, do you ex- often requires state and local governments favor or oppose the U.S. government guaran- pect the country to be better off, or worse to adopt regulations and programs without teeing those loans made to Mexico by private off, or don’t you expect Republican control providing funding to pay for them. There is banks? of Congress to change things very much ei- a proposal in Congress which would bar the ther way? federal government from imposing these un- Percent Favor ...... 15 Percent funded mandates on states and localities un- Better off ...... 32 less the federal government provided the Oppose ...... 81 Worse off ...... 18 money to pay for them. Do you favor or op- SPENDING CUTS No change either way ...... 39 pose this proposal? As you may know, there is much discus- Too early to tell ...... 6 Percent sion in Washington about which programs When dealing with the Republican Con- Favor ...... 64 should be cut back in order to reduce the fed- gress, do you think President Clinton should Oppose ...... 23 eral budget deficit. compromise to get things done even if he has Don’t know ...... 13 Do you think the government should cut to sacrifice some of his beliefs, or should As you may know, currently the federal back spending: Clinton stand up for his beliefs even if that government requires states governments to means less might be accomplished? build sewage treatment plants so that water Yes No used by residents meets federal cleanliness Percent On the arts? ...... 69 25 Compromise ...... 56 standards. Do you approve or disapprove of On Amtrak, the federally subsidized passenger railroad? .... 65 26 Stand up for beliefs ...... 38 the federal government requiring state gov- For public television and public radio? ...... 63 32 ernments to do this, even if the state must On food stamps for the poor? ...... 48 45 What is your impression of: On subsidies for farmers? ...... 39 63 pick up the costs? On Aid to Families with Dependent Children, which is the [In percent] Percent government’s principal assistance program for poor families? ...... 38 64 Bill Hillary Bob Newt Approve ...... 68 On unemployment insurance programs? ...... 30 64 Clinton Clinton Dole Gingrich Disapprove ...... 25 On the environment? ...... 27 67 For Medicaid, which is the government health insurance Favorable ...... 64 47 41 26 As you may know the federal government program for the poor? ...... 20 73 Unfavorable ...... 38 36 28 39 requires local school districts to provide spe- On Social Security? ...... 12 86 Don’t know ...... 8 17 31 36 cial education for mentally challenged stu- For Medicare, the health insurance program for the elder- ly? ...... 9 88 dents. Do you approve or disapprove of the ASSAULT WEAPONS BAN federal government requiring local school Congress has passed legislation banning MOOD OF THE COUNTRY districts to do this, even if the localities the future manufacture, sale or possession of must pick up the costs? Do you think things in this country are rapid-fire assault weapons. The measure does Percent generally going in the right direction or are not affect those weapons already in existence Approve ...... 68 they seriously off on the wrong track? and exempts many types of guns used by Disapprove ...... 28 [In percent] hunters and other sports enthusiasts. Some people in Congress would like to repeal this Do you approve or disapprove of the federal 1/95 10/94 government requiring state governments to assault weapons ban. Do you favor or oppose provide citizens an opportunity for register- Right direction ...... 35% 26% maintaining a ban on the future manufac- ing to vote when they get a driver’s license Wrong track ...... 66 66 ture, sale and possession of rapid-fire assault Don’t know ...... 10 8 or apply for some form of public assistance, weapons? even if the state must pick up the costs? Do you think we are in an economic reces- Percent Percent sion or not? Favor ...... 67 Oppose ...... 16 Approve ...... 49 [In percent] Disapprove ...... 42 HOW THE POLL WAS CONDUCTED MINIMUM WAGE 1/95 9/91 The Times Poll interviewed 1,353 adults na- As you may know, the federal minimum No recession ...... 49% 41% tionwide by telephone, Jan. 19 through 22. wage is currently $4.25 an hour. Do you favor Mild recession ...... 16 17 Telephone numbers were chosen from a list Moderate recession ...... 18 23 of all exchanges in the nation. Random-digit increasing the minimum wage, or decreasing Serious recession ...... 11 13 it, or keeping it the same? dialing techniques were used so that listed and non-listed numbers could be contacted. Percent CLINTON VS. REPUBLICANS Increase ...... 72 Interviewing was conducted in English and Do you approve or disapprove of the way Keep the same ...... 24 Spanish. The sample was weighted slightly Bill Clinton is handling: Decrease ...... 1 to conform with census figures for sex, race, Eliminate ...... 1 age and education. The margin of sampling His job The econ- Foreign af- error for the total sample is plus or minus 3 omy fairs AFFIRMATIVE ACTION percentage points. Selected questions were Do you think affirmative action programs 1/95 10/94 1/95 10/94 1/95 10/94 asked of a half sample of approximately 675; designed to help minorities to get better jobs these carry a sampling error margin of 4 Approve ...... 54% 44% 51% 43% 46% 48% and education go too far these days, or don’t Disapprove ...... 40 50 38 50 44 46 points. For certain other sub-groups the they go far enough or are they just about Don’t know ...... 6 6 11 7 10 6 error margin may be somewhat higher. Poll adequate now? results can also be affected by other factors [In percent] Who do you think has the better ideas for such as question wording and the order in how to solve the problems this country cur- which questions are presented. 1/95 9/91 rently faces Mr. BYRD. Mr. President, I yield the Go too far ...... 39 24 Percent floor. Don’t go far enough ...... 23 27 President Clinton ...... 31 Mr. LEVIN addressed the Chair. Adequate now ...... 32 38 Don’t know ...... 6 11 The Republicans in Congress ...... 36 The PRESIDING OFFICER. The Sen- Both equally ...... 7 ator from Michigan. As you may know, a measure has been pro- Neither ...... 14 Mr. LEVIN. Mr. President, I ask posed in Congress that would make it unlaw- unanimous consent that the Senate ful for any employer to grant preferential Don’t know ...... 13 treatment in hiring to any person or group Do you think (Clinton/the GOP Congress) now resume consideration of amend- on the bases of race, color, religion, sex or is working hard to bring fundamental change ment No. 173, and that the amendment national origin. Do you favor or oppose this to the way government is run or is (he/it) that was scheduled to be debated at proposal? governing in a ‘‘business as usual’’ manner? 1:30 be set aside for 5 minutes so we can January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1503 proceed to the consideration of amend- amendment or bill to survive a point of committee chairmen or ranking minor- ment No. 173. order. ity Members. The PRESIDING OFFICER. Is there So the amendment which I have I do not think there was any inten- objection? asked unanimous consent now be con- tion to take away the rights of individ- Mrs. BOXER. Mr. President, reserv- sidered, amendment No. 173, would cor- ual Senators. But lest there be any ing the right to object, and I will not rect that problem with the bill. I hope doubt about it I think we should pass object. this will be adopted by the Senate. this amendment. I hope it will be unan- The PRESIDING OFFICER. The Sen- At this point, with the understanding imous, if we pass it. To me it makes ator from California. of the managers, I ask unanimous con- such common sense. So I rise in strong Mrs. BOXER. Mr. President, I just sent that it be in order to seek a roll- support of this and hope it could be ac- want to make it clear we will not lose call on this amendment at this time, cepted. If it cannot be accepted on the 5 minutes from our side because we and that the rollcall occur prior to a other side I hope the leadership on the have many Senators who wish to de- rollcall, if ordered, on the Boxer other side could support this. We will bate my amendment. I have no objec- amendment, which will come imme- have an overwhelming vote of support tion if the unanimous consent request diately after this amendment. for this particular amendment because includes the fact that we will not lose I am not sure if the manager heard this really does correct something that 5 minutes from the 90 minutes that we my unanimous consent—whether ei- needs to be corrected, something we have been promised on our amendment. ther manager heard that. I am seeking should have done in committee but we The PRESIDING OFFICER. The unanimous consent that it be in order did not have that opportunity. So here Chair will observe to the Senator from to seek a rollcall on this amendment at we are on the floor doing it, and I California that under the previous rule this time, but that the rollcall be de- think this is a very important amend- that has been adopted the time would layed until immediately preceding the ment. I yield the floor. not be deducted from her time. rollcall on the Boxer amendment if one Mr. KEMPTHORNE. Mr. President, I Mrs. BOXER. I thank the Chair and is ordered. appreciate the amendment of the Sen- thank the Senator from Michigan. I will modify the unanimous-consent ator from Michigan. I am supportive of The PRESIDING OFFICER. Without request so that it read immediately that amendment. I will encourage my objection, it is so ordered. after the vote on the Boxer amend- colleagues on this side of the aisle to AMENDMENT NO. 173 ment. support that amendment. Mr. LEVIN. Mr. President, amend- The PRESIDING OFFICER. Is there Mr. President, I ask unanimous con- ment No. 173 corrects a problem in this objection to the unanimous consent-re- sent that no second-degree amendment bill. The bill does not provide that indi- quest? Without objection, it is so or- be in order to the Levin amendment vidual Members can seek an estimate dered. prior to its disposition. from the CBO that is so critical to the Mr. LEVIN. Mr. President, I ask for The PRESIDING OFFICER. Without survival of their amendments and bills. the yeas and nays. objection, it is so ordered. This is a different bill from last year. The PRESIDING OFFICER. Is there a Mr. KEMPTHORNE. Mr. President, I This bill creates a new point of order sufficient second? yield the floor. which was not in last year’s bill. It ba- There is a sufficient second. Mr. LEVIN addressed the Chair. sically keeps the points of order that The yeas and nays were ordered. The PRESIDING OFFICER. The Sen- were in last year’s bill, but it adds a The PRESIDING OFFICER. The Sen- ator from Michigan. new, critical point of order that makes ator from Ohio. Mr. LEVIN. Mr. President, I thank a bill out of order if the estimate of the Mr. GLENN. Mr. President, I rise to the Chair. I want to thank the man- CBO is not in the bill, if there is not an very strongly support the amendment agers of the bill for their support of the authorization estimated for what it proposed by my colleague from Michi- amendment. will cost local governments. But the gan. I do not think any Senator here I yield the floor. new point of order has severe ramifica- wants to give up his or her rights to re- AMENDMENT NO. 202 tions relative to the appropriations quest the same information that any- The PRESIDING OFFICER. Under process. body else has—whether a committee the previous order, the Senate will now Because there are such severe rami- chairman or not. I think this is a key resume consideration of amendment fications in this year’s point of order, amendment here. I do not see this as No. 202 offered by the Senator from it is critical that individual Members any small amendment. California. Pursuant to that order, have the power to seek an estimate To say that only chairmen of com- there will be 2 hours of debate; 90 min- from the Congressional Budget Office mittees or only ranking minority utes of debate will be controlled by the because if that estimate is not there— members are the only ones who could Senator from California, and 30 min- if certain other things are not there— ask CBO for a budget estimate gives up utes of debate will be controlled by the there is going to be a point of order a right for a Senator to represent his Senator from Idaho. against our amendments and our bills. or her State. And I do not think that is The Senator from California. And even though it is a point of order right. I think this was more of an over- Mr. BYRD. Mr. President, will the and a procedural matter, that stands sight in the bill. It was not intended Senator from California yield for a for something. Points of order mean that Senators’ rights be trampled on, unanimous-consent request? things, they are not just little proce- but that would be the effect of this. So Mrs. BOXER. I am happy to yield. dural hurdles. They can make the dif- I see this as a very, very important AMENDMENT NO. 217, AS MODIFIED ference whether or not an amendment amendment. Mr. BYRD. Mr. President, I ask unan- is considered or not considered, and Every Senator representing his or imous consent to modify my amend- whether or not a bill is considered or her State has a full right to ask for ment which has already been entered not considered. whatever information may be required and is qualified, amendment No. 217. I On page 14 and on page 18 there are to get an amendment through or to send the modification to the desk. references to committees of authoriza- propose legislation. In this case, that The PRESIDING OFFICER. Is there tion obtaining the estimates from the means that Senator has to go to the objection? Without objection, it is so CBO in two different provisions. And Congressional Budget Office and get an ordered. there is also a provision on page 29 for estimate. Otherwise, when they try to The amendment (No. 217), as modi- the chairman or the ranking member bring something up in committee and fied, is as follows: of the minority of a committee of the it is brought up and someone says what Senate or the House, to the extent is the estimate on this, that Senator On page 5, beginning with line 22, strike practicable, to obtain a study of a Fed- would not be able to have an estimate. out all through line 2 on page 6 and insert in lieu thereof: eral mandate. There is no provision in So they would be precluded, in effect— ‘‘(I) a condition of Federal assistance; here for an individual Member to ob- they would be precluded from putting ‘‘(II) a duty arising from participation in a tain that estimate from the CBO, in amendments that other Senators voluntary Federal program, except as pro- which is so critical for that Member’s could put in, if the other Senators were vided in subparagraph (B)); or S 1504 CONGRESSIONAL RECORD — SENATE January 25, 1995 ‘‘(III) for purposes of section 408 (c)(1)(B) they deal with benefits, and they deal not much we can do about it. In any and (d) only, a duty required under section 6 with illegal immigration. But, I said, event, we set up a huge hurdle. That of the Fair Labor Standards Act of 1938 (29 let me see if I can do it. I am happy to does not even get into this chart, U.S.C. 206); or say that I was able to cut back on one which is what our Federal agencies AMENDMENT NO. 202 of the amendments because Senator must do regarding this issue of un- The PRESIDING OFFICER. The Sen- WELLSTONE had a similar amendment, funded mandates. ator from California. although really the amendment that he So the reason I have these charts Mrs. BOXER. Thank you very much, had, in my opinion, does not go as far here is to make my argument, Mr. Mr. President. I want to again thank as I wanted to in terms of weighing the President, that there are certain prior- the managers of the bill for agreeing to benefits of some of our laws. But I ities that we will not want to send a time limit which I believe will be suf- agreed in the spirit of bipartisanship to through this incredible maze. By the ficient so that Senators who wish to be cut back. way, this chart looks like it is describ- heard on my amendment can come to Today, I have agreed to time limits ing a one-shot process. It is not. This the floor and be heard. on two of my amendments, and the My amendment will ensure that this process may be repeated 10 times for third one I think we can dispose of one bill. Let me explain what I mean. unfunded mandates bill will not threat- very, very quickly. en the health of children, of pregnant The bill starts here. It goes through So I want to make the point to the all of this rigamarole through CBO, it women and of the frail elderly. If we majority leader, if he happens to be lis- stand for anything in this Chamber, I goes through the committee, it passes tening, or to those who are perhaps hope it would be to stand up and be to the Parliamentarian, all kinds of monitoring the floor so that he can proud to defend the health of our most points of order may be heard, may be know what is being said, that truly I vulnerable populations. waived, and then it goes to a vote. But know of no Democrat who is trying to I want the U.S. Senators to know guess what? If anyone offers an amend- stall this bill. We want it to be a good that I support the thrust of this bill. I ment, you start all over again. Thank bill. We want to be able to vote for this thought last year’s bill did exactly God for CARL LEVIN pointing out that bill. what it should do. It was an important not one U.S. Senator had a right to I also think it is important to note move forward. I myself, coming out of find out what his or her amendment that my Republican friends have voted local government, had experiences would cost, to come to the floor with a which I had detailed on this floor lockstep against every single amend- CBO estimate and try to compete to which basically said to me that local ment the Democrats have offered. I get an amendment. Only the authoriz- and State officials certainly have have gone back through the record ing committees have that right under brains, certainly know what their pri- book to the last Congress and I could the bill. orities are and certainly should not be not come up with more than one or two So this is a nightmare. I have to treated in a way that is unfair to them occasions when that has happened. smile because I remember when my Re- or to their budgets. So we have our Republican friends publican friends had charts like this on Having said that, I think it is impor- voting lockstep against amendments some of the Democratic proposals. tant that we not go too far in this bill, that could make this bill a better bill, (Mr. COATS assumed the chair.) in my opinion. The Senator from Idaho that we have a bill that makes sense, Mrs. BOXER. I have to smile. This authored the bill in the last Congress. that essentially says we will not put makes that look like a birthday party, I supported that bill. But I very briefly unfunded mandates on the States but, because if I was really being totally want to tell you what this bill does be- in fact, we will let them know the cost straightforward, I would have 10 of cause I have gone through this once be- and, to the greatest extent possible, we these charts, because every time you fore on the floor. I will not take a lot will provide the dollars. have an amendment, you have to start of time going over this chart. But I Having said that, I think it is impor- all over again. By the way, every time think, if you just look at this chart, tant to note that many of the things you have a conference report, you have you can see the kind of hurdles that we we do around here are for the good of to start all over again. And by the way, are putting our legislation through the people. I will bring that out as I every time the House takes up a bill, put forward my arguments. should this bill pass as it is without amendment. they have to start all over again. So I feel I must at this point speak to this does not even really reflect the bu- something the majority leader said, In the initial bill, we asked for a Con- gressional Budget Office statement on reaucratic maze we are putting legisla- the distinguished majority leader, the tion through. That is why the excep- Republican leader. He said today that cost, and a point of order would lie against any bill that did not detail tions clause in this bill is so very im- Democrats were trying to block a bill portant. That is why I am so pleased they support. I personally feel that is a that cost. That made sense. We are that the bill, as it now stands, makes very unfair statement. I am on one of adults here in this Chamber, and we certain exceptions for national secu- the committees of jurisdiction, Mr. should know what we are doing. And rity, for emergencies, for international President. I am on the Budget Commit- when we have the facts to know what agreements. But since we have set up tee. And my committee chairman, Sen- the numbers are we ought to determine this maze, it seems to me that we bet- ator DOMENICI, for whom I have the if the benefits are worth the cost. That highest regard, and the ranking mem- makes sense. ter be darn sure that we are not stop- ping legislation that protects the ber, Senator EXON, for whom I have the If that bill had been before us, this highest regard, asked me if I would chart would have ended, Mr. President, health and the safety of our most vul- withhold most of my amendments until essentially right here. All of this would nerable populations, and that is what I came to the floor. I agreed to do that, not have been added. All of this green my amendment is about. with the exception of a sunset provi- deals with the legislative process and I am very proud to tell colleagues sion which we debated very swiftly in the power of the Parliamentarian here that we have today received a letter committee, and on a party-line vote in the Senate. No matter how fine and from Carol Browner, who heads the the Republicans voted not to sunset wonderful the Parliamentarians are— U.S. Environmental Protection Agen- this legislation. But I agreed to hold and, by the way, I think they are fine cy. I would like to read it into the off. and wonderful—the people of California RECORD. What I came up with were four who I represent, 31 million of them, did DEAR SENATOR BOXER: I applaud your ef- amendments that I thought were im- not send me here to abdicate my re- forts to ensure that sensitive subpopulations portant. I had a call from my good sponsibility to unelected Par- such as the elderly, infants, and pregnant friend, the majority whip. He said, liamentarians and to unelected bureau- women are protected in statutory and regu- latory decisionmaking. ‘‘Senator, can’t you try to cut down crats at the CBO, faceless, nameless A growing body of scientific evidence indi- your four amendments to two amend- people who, if they are politicized—and cates that some subpopulations may be dis- ments?’’ I said, Look. I think all four that has happened in the past—one way proportionately affected by some contami- of my amendments are important. or the other may come up with a num- nants. For example, it is well documented They protect the children, the elderly, ber that is questionable. And there is that high levels of lead exposure contribute January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1505 to learning disabilities in children. The Na- Strengthening the economy? Sixty- not real sure what the purpose is. I pre- tional Academy of Sciences has published four percent say the Federal Govern- sume it is to try to delay the taking up two reports confirming the need to consider ment; 24 percent say the State. When I of the constitutional amendment on differing effects in subpopulations when per- forming risk assessment and in regulatory ran for this office, I was very honest the balanced budget. That is the only decisionmaking. with the people in my State and I said, thing I can figure. Maybe it is just to Your amendment to S. 1 will ensure that ‘‘I am going to fight for you, and I am try to score points along the way. Congress is free to act to protect the health going to fight for what you believe is When the President says, ‘‘Let’s of our children, pregnant women and the el- right and what is best for you and your work together,’’ he gets applause on derly and it has my full support. children.’’ They trust me to do that. both sides. But he needs to convey to Sincerely, There are many other Senators who did his agents in the Congress that we need CAROL M. BROWNER. the same. So I am very proud to offer a little help. We cannot make progress Mrs. BOXER. Carol Browner comes this amendment. if we are going to have these amend- out of State government. She is very I would like to retain the remainder ments that are unrelated, nongermane, sensitive to the need not to put burden- of my time. I know there is opposition that are not going to be accepted. Let some regulations on our States. In on the other side of the aisle. I would fact, she is very well supported by peo- us get to the end of this process and like now to yield the floor and retain pass this legislation. ple in State government. But she the remainder of my time. agrees that my amendment is nec- The ninth day already, and it looks Mr. LOTT addressed the Chair. to me like it is going to be all day essary. Why? Because she knows that if The PRESIDING OFFICER. The Sen- in fact S. 1 passes as it is, without today and into the night and all day ator from Mississippi. tomorrow and into the night, perhaps amendment, and we do not fix it up, Mr. LOTT. Mr. President, on behalf bills that deal with the health and safe- Friday, Saturday. But I think we need of the bill manager, I yield myself 10 to get used to it. The leader said we are ty of the frail elderly, children under 5, minutes. and pregnant women, will go through going to vote this week. The only way The PRESIDING OFFICER. The Sen- we are going to get to a vote is if we this maze. I think we owe it to our ator is recognized for 10 minutes. children and their children, and the begin to dispose of these amendments. Mr. LOTT. Mr. President, this is good children after them, to stand up and be Now, what kind of amendments are legislation—trying to have a process to proud and vote for this amendment. we talking about here over the past 9 get some control on the incredible bur- I want to tell you that we are in a days? We have had amendments on den of Federal unfunded mandates. It time when we keep trying to simplify both sides of the aisle, I admit that, has broad support at the local level issues. Somebody said, ‘‘Oh, the Presi- that have dealt with history standards, —the mayors, county commissioners, dent’s speech was long.’’ It was long abortion clinic violence, one on Social Governors, and the private sector. All last night, but do you know what? Security, I understand one on pornog- across America people are saying this There are a lot of issues that need dis- raphy, now this one on elderly and needs to be done and asking, ‘‘Will you cussion, intelligent discussion. The children. not at least have a process to look at American people are a lot smarter than And, again, as has been said on this the burden that is being created by 30-second sound bites and they deserve floor, I am not diminishing the impor- to hear more. Do you know what is Federal unfunded mandates, the bur- dens you are passing to individuals and tance of any of those, but on most of happening in this country? They are them I ask, why here? Why now? They hearing it. They are hearing it. Yes, to county and city governments, the taxes you are putting on people?’’ This do not relate to this bill. there is a contract—a Republican con- This is just making points, Mr. Presi- tract—that somebody said they are is good legislation. It has had broad support, building over a period of dent. And I think it is damaging the going to get through in 100 days. Well, image of this institution, and it is cer- I am going to tell you that where I months—in fact, years. I understand there are 62 or more co- tainly, at a very minimum, delaying agree with that contract, I will walk this bill. hand-in-hand with my Republican sponsors of this legislation. Repub- licans and Democrats have joined to- Now, there are those who say, ‘‘Wait friends. But if it hurts the children, if a minute. I’m not talking about dam- it hurts the frail elderly, if it hurts gether in drafting this legislation. We had the bill last year. The bill that got aging this bill. Even if it is unrelated pregnant women, if it hurts the econ- or nongermane, or maybe if it is ger- omy, if it hurts job creation, if it hurts to the final hours of the session last year has been improved on. Changes mane, I just want to try to improve it. deficit reduction, I am going to be on Could we exempt this little thing? this floor and this is one of those times have been made that make it better. It Could we add this or that to the little I personally, as one individual Member has been brought to the floor with this list of exemptions?’’ of the Senate in my 90 minutes that I broad base of support across the coun- Well, after a while, if you exempt have, and I will be joined by others, we try and in this Chamber. this, you exempt that, what are you are going to stand here and say ‘‘no’’, Even the President, last night in his going to have left? If it is going to in because this legislation sets up unbe- remarks, singled this out and said we lievable hurdles to legislation. may have some disagreements and any way affect anybody or any group of This chart is just a hint of it because maybe some improvements can be individuals, then we want to exempt every amendment goes through it made, but this is something that we them. again and every conference report goes can have and he supports it. Great. We And this bill has exemptions, care- through it again. And it happens in two are going to find things we can work fully selected exemptions drafted by legislative bodies. I think the least we together on, such as congressional ac- the committee, by the Members most can do is exempt from that, in addition countability, line-item veto, unfunded intimately involved and knowledgeable to the other things that are exempted mandates. We are making progress. in this legislation, that have already in this bill, the most vulnerable people The American people are going to be been worked out and put in the bill. in our society. the beneficiaries. We are working to- In fact, there are at least six cat- Mr. President, there was a recent poll gether. And then what happened? egories of exemptions in the bill. In ad- in the Wall Street Journal that I would A funny thing happened on the way dition to the ones that came to the like to share, a national poll that to passage, on the way to the Presi- floor originally in this bill, a couple asked: ‘‘Which do you think should dent’s desk. Every amendment con- have been added—age, color. But we have more responsibility for achieving ceived by the minds of men has been have the exemption if it involves en- the following goal, Federal or State pulled up and has been offered or is forcing the constitutional rights of in- government?’’ Protecting the environ- pending to be offered to this legisla- dividuals; we have an exemption if it ment. Fifty percent of the people say it tion. establishes or enforces any statutory ought to be our responsibility; 38 per- This is the ninth day on this non- rights that prohibit discrimination on cent say the State. Protecting civil controversial, bipartisan bill. This is the basis of race, religion, gender, na- rights? Sixty-seven percent say Federal delay. This is not just finding ways to tional origin, or handicap or disability Government; 26 percent say the State. improve it. It has a purpose. Now, I am status—and now we have added age and S 1506 CONGRESSIONAL RECORD — SENATE January 25, 1995 color. We have an exemption of any off on individuals, on cities, that leads NATIONAL LEAGUE OF CITIES, provision in the Federal laws that re- to tax increases, causes the loss of jobs. Washington, DC, January 11, 1995. quires compliance with accounting and What about the people that want a Hon. DIRK KEMPTHORNE, auditing procedures with respect to job that cannot get one because of Fed- U.S. Senate, Dirksen Building, Washington, DC. DEAR SENATOR KEMPTHORNE: On behalf of grants or other money or property pro- eral unfunded mandates? We are going the elected officials of the nation’s cities and vided by the U.S. Government; that to at least force ourselves to think towns, I thank you for sponsoring the Un- provides for emergency assistance or about those things. funded Mandate Reform Act and for working relief at the request of any State, local There are a lot of groups and individ- against amendments that threaten the effec- or tribal government or any official of uals that have written us in favor of tiveness and bipartisan spirit of this legisla- a State, local or tribal government; this legislation as it was drafted in the tion. Local governments and the taxpayers that is necessary for the national secu- committee—business groups, industrial we serve have borne the federal govern- rity or the ratification of or implemen- groups, groups of private individuals, ment’s fiscal burden for a long time. We will tation of international treaty obliga- not have such an important relief oppor- governmental associations, the Na- tunity again if this measure is thwarted in tions; or the President designates as tional Federation of Independent Busi- emergency legislation and the Congress the final hour by special interests or par- nesses. I have a long list of supporters. tisan politics. so designates in statute. Mr. President, if my time has ex- We urge you to oppose amendments that This has been worked out. It has been pired, I yield myself 2 more minutes to would provide blanket exemptions of certain carefully crafted in the committee. wrap this up. types of mandates from the points-of-order The exemptions that really need to be The PRESIDING OFFICER. The Sen- contained in S. 1. We believe that exemp- in the bill are in here. We cannot keep ator from Mississippi yields himself 2 tions for labor mandates and/or environ- adding to it and adding to it and add- mental mandates (sometimes termed as leg- more minutes. ing to it. We can all come up with some islation relating to ‘‘protecting public health Mr. LOTT. There are groups that are category that maybe we would like to and safety’’) would undercut the fundamen- on record as supporting this. say, ‘‘Oh, exempt that.’’ I can certainly tal purposes of S. 1, as well as reduce the ca- But, also, to again clarify the depth think of some I would like to have in pacity and flexibility of the nation’s cities to of the support and that there is a lot of focus our resources to protect public safety. my State of Mississippi. Democrat and Republican support for Historically the most onerous unfunded But I think the committee has done mandates to local governments have fallen a good job. I think the managers of the this, I have letters in my hand here. I ask unanimous consent, Mr. President, into the two categories of environment and bill have done a good job. They have labor. to have these letters printed in the been willing to accept a couple of addi- We also strongly oppose amendments that tions, a couple of changes. RECORD. would exempt mandates related to services I think we have to stop that process There being no objection, the letters which both the public and private sectors where we keep adding to it. And re- were ordered to be printed in the provide. The argument that S. 1, as it is cur- member this: This is a process. It has RECORD, as follows: rently written, gives the public sector a been said over and over again, but I re- OFFICE OF THE MAYOR, ‘‘competitive advantage’’ over competing private sector entities is an unfounded fear, peat it again. This is not saying that it Chicago, IL, January 18, 1995. Hon. TOM DASCHLE, as the private sector entities and the U.S. must be this way or that way. It sets Chamber of commerce, who support S. 1, up a process for Congress to be able to Minority Leader, U.S. Senate, Hart Office Building, Washington, DC. would likely confirm. Furthermore, we think about what we are doing with DEAR SENATOR DASCHLE: I am writing to would note that the ‘‘Motor-Voter’’ bill is these mandates, to know what the im- urge your support for the Mandate Relief one of the very few bills we are aware of pact is, so that we can raise a point of Legislation (S. 1) currently being debated on which imposes mandates upon the public but order. What is the cost analysis? Who the floor of the Senate and I encourage you not the private sector. Therefore, we are ap- would be affected? And it allows us to to work with your Democratic colleagues to prehensive that any so-called ‘‘competitive have a process or forces us to consider oppose any weakening amendments. I am advantage’’ amendment would largely evis- what the impact is and deal with it. pleased that the new Congress is acting cerate your NLC-supported legislation. And if it unfairly deals with the frail quickly, with bipartisan support, to move Our strongest objection to such ‘‘competi- this legislation. tive disadvantage’’ amendments is that they elderly, there will be a way to deal contradict the purpose of S. 1—to provide re- with that. My support for effective mandates legisla- tion goes back several years. Along with lief to state and local governments from un- You know, when the American people countless other mayors, governors and coun- funded mandates. The legislation and its realize that we pass all these bills and ty officials, I have long tried to make clear sponsors recognize that the public sector is all these mandates and that we do not to the Congress and the Administration the distinctly different from the private sector, know what the costs are, we do not adverse impacts unfunded mandates have on both in the services each provide and how know what the impact is on individuals our ability to conduct the people’s business they are affected by unfunded mandates. and cities and counties and States, and be accountable to our taxpayers. Chi- Local governments have the responsibility they are horrified. They cannot believe cago’s 1992 study, Putting Federalism to to provide services such as clean water, it. Work for America, one of the first com- drinking water, public safety and garbage prehensive studies of this issue, conserv- disposal. In contrast, providing these same But at least now we will have a proc- services are an option for the private sec- ess to analyze what the impact would atively estimated that mandates cost the City of Chicago over $160 million per year— tor—which can provide such services, for a be, what the cost would be. We can a figure that has only increased since then. profit, to those who can afford to pay. Local make a decision that this is in the na- The legislation being considered in Con- governments act, not as a matter of choice tional interest and we are going to go gress will begin to address this problem by or motivated by profits, but as a duty to all forward with it. And that decision setting up a strong process to discourage the citizens. In the case of private entities, the could include providing the money or enactment of new mandates, and to require motivation is to gain a profit. not providing the money if that deci- that new mandates be funded if they are to It is one issue to set certain standards so sion is made by the Congress. But it be enforced. I recognize that it does not that any private corporation can understand the rules before it chooses to ply a trade. It forces us to deal with this issue. cover existing mandates, an issue which I be- lieve Congress also needs to address. is a different issue when the federal govern- So you do not need to add every pos- Fundamentally, this issue is all about giv- ment requires a local government to provide sible, conceivable exemption that you ing local governments the flexibility to a service in a one-size-fits-all manner to can possibly dream up because they are make the best use of local and federal dol- every citizen. This distinct difference be- not being cut out. We would still have lars. The importance given the mandates tween the two sectors means that the federal a process to review it and think about issue gives me hope that the new Congress— government must be sensitive to mandates it it. Democrats and Republicans alike—will be imposes on state and local governments. It will help all of the people, includ- paying close attention to the real issues that Thank you for your continued efforts to ing people of all races and colors and face our communities and our citizens. maintain the integrity and bipartisan spirit Please work to expeditiously enact a strong, of S. 1. age and children, if we pass this legis- effective version of S. 1. Sincerely, lation. This legislation will begin, Sincerely, CAROLYN LONG BANKS, hopefully, to get a grip on stopping RICHARD M. DALEY, President, Councilwoman-at-Large, some of the burdens we have dumped Mayor. Atlanta, GA. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1507

THE UNITED STATES NATIONAL CONFERENCE OF We commend you for continuing to foster CONFERENCE OF MAYORS, STATE LEGISLATURES, the bipartisan support which your original Washington, DC, December 30, 1994. Washington, DC, December 30, 1994. mandate relief bill so successfully garnered Hon. DIRK KEMPTHORNE, Hon. DIRK KEMPTHORNE, in the last Congress. We will work hard to U.S. Senate, U.S. Senate, gain bipartisan support for mandates relief Washington, DC. Washington, DC. in the 104th Congress, because, as you are DEAR SENATOR KEMPTHORNE: On behalf of DEAR SENATOR KEMPTHORNE: The National well aware, this bill will benefit all states, The United States Conference of Mayors, I Conference of State Legislatures enthu- all counties, all municipalities, and all tax- want to thank you for your continued lead- siastically supports S. 1, the Unfunded Man- payers, regardless of their political alle- ership in our fight against unfunded federal date Reform Act of 1995. We join you in urg- giance. mandates and to express strong support for ing your colleagues to cosponsor this bill and Again, please accept our sincere gratitude the new bill, S. 1. approve this legislation in Committee and on for your efforts. S. 1 is serious and tough mandate reform the floor of the Senate. The National Con- Sincerely, ference of State Legislatures commends your which will do more than simply stop the CAROLYN LONG BANKS, efforts, along with those of Senator Bill flood of trickle-down taxes and irresponsible, President, Councilwoman-at- Roth, incoming Chairman of the Senate Gov- Large, Atlanta, GA. ill-defined federal mandates which have ernmental Affairs Committee, and Senator come from Washington over the past two John Glenn, the outgoing Chairman of the decades. S. 1 will begin to restore the part- Senate Governmental Affairs Committee, in NATIONAL SCHOOL BOARDS ASSOCIATION, nership which the founders of this nation in- forging the bipartisan mandate relief bill Alexandria, VA, December 30, 1994. tended to exist between the federal govern- that is to be presented to the Senate next Hon. DIRK KEMPTHORNE, ment, and state and local governments. week as S. 1. We deeply appreciate your lead- Dirksen Senate Office Building, U.S. Senate, S. 1 which was developed in bipartisan co- ership in developing legislation that takes Washington, DC. operation with the state and local organiza- significant steps toward correcting the prob- DEAR SENATOR KEMPTHORNE: The National tions, including the Conference of Mayors, is lem of unfunded federal mandates and for School Boards Association (NSBA), on behalf even stronger than what was before the Sen- your openness to listen to our concerns dur- of the more than 95,000 locally elected school ate last year in that it requires Congress to ing the negotiation process. board members nationwide, would like to either fund a mandate at the time of passage Your bill is a fitting first step in restoring offer its strong support for the ‘‘Unfunded or provide that the mandate cannot be en- the balance to our federal system by rec- Mandate Reform Act of 1995’’ (S. 1). This leg- ognizing that the partnership with state and forced by the federal government if not fully islation would establish a general rule that local governments has been significantly funded. However, the bill is still based upon Congress shall not impose federal mandates weakened by the growing federal practice of without adequate funding. This legislation the carefully crafted package which was imposing unfunded mandates. No govern- agreed to in S. 993 and which garnered 67 would stop the flow of requirements on ment has the luxury of unlimited resources, school districts which must spend billions of Senate cosponsors in the 103rd Congress. The and the taxpayers of this country, our shared ill would not in any way repeal, weaken or local tax dollars every year to comply with constituents, recognize that having the fed- unfunded federal mandates. We commend affect any existing statute, be it an existing eral government pass its obligations down to you and your unending leadership on this unfunded mandate or not. This legislation the state and local governments does noth- critical issue. only seeks to address new unfunded mandate ing to reduce their overall tax burden. Today, school children throughout the legislation. In addition, S. 1 would not in- This bill is about information and account- country are facing the prospect of reduced fringe upon or limit the ability of the Con- ability. The cost estimate, points of order, classroom instruction because the federal gress or the federal judicial system to en- rules changes and other provisions contained in this legislation are absolutely necessary government requires, but does not fund, force any new or existing constitutional pro- services or programs that local school boards tection or civil rights statute. to get us back on track and have the federal government take responsibility for its ac- are directed to implement. School boards are The mayors are extremely pleased that our not opposed to the goals of many of these legislation, which was blocked from final tions. To make responsible decisions, mem- bers of Congress need to be fully aware of the mandates, but we believe that Congress passage in the 103rd Congress, has been des- financial burdens that federal legislation should be responsible for funding the pro- ignated as S. 1 by incoming Majority Leader often places on state and local governments, grams it imposes on school districts. Our na- Bob Dole. We also understand and appreciate and to understand the implications of those tion’s public school children must not be the significance of the Governmental Affairs burdens. made to pay the price for unfunded federal and Budget Committees holding a joint hear- As has been said often over the past year, mandates. ing on our bill on the second day of the 104th the level of cooperation among state and S. 1 would prohibit a law from being imple- Congress at which our organization will be local governments and members of the Unit- mented without necessary federal govern- represented. ed States Senate during the negotiation ment funding. S. 1 would allow school dis- I remember the early days in our campaign process is unprecedented. Again, we appre- tricts to execute the future programs which when many questioned our resolve. How ciate your efforts, and those of the other are required by the federal government with- could a freshman Republican Senator from Senators who helped forge this compromise, out placing an unfair financial burden on the the State of Idaho move the Washington es- and wholeheartedly support passage of S. 1, schools. tablishment to reform its beloved practice of the Unfunded Mandate Reform Act of 1995. Again, we applaud your leadership in nego- imposing federal mandates without funding? Sincerely, tiating and sponsoring this bill which would We responded to these doubters by focusing JANE L. CAMPBELL, allow schools to provide a quality education the national grass-roots resentment of un- President, NCSL, Assistant House to their students. We offer any assistance funded mandates into a well orchestrated po- Minority Leader, Ohio. you need as you quickly move this bill to the litical machine, and by joining with our Senate floor. NATIONAL LEAGUE OF CITIES, If you have questions regarding this issue, state and local partners in taking our mes- Washington, DC, December 30, 1994. sage to Washington. please contact Laurie A. Westley, Chief Leg- Hon. DIRK KEMPTHORNE, islative Counsel at (703) 838–6703. The United States Conference of Mayors U.S. Senate, Dirksen Building, Washington, DC. Yours very truly, will continue in its efforts to enact S. 1 until DEAR SENATOR KEMPTHORNE: I am writing BOYD W. BOEHLJE, we are successful. We will not let up on the on behalf of the elected officials of the na- President. political and public pressure. And we will ac- tion’s cities and towns to commend you for THOMAS A. SHANNON, tively oppose efforts to weaken our bill. sponsoring the Unfunded Mandate Reform Executive Director. The time to pass our bill is now. Those who Act of 1995. Of all the measures introduced to would seek to delay action will be held ac- date, this legislation is undoubtedly the countable, and those who stand with state strongest, best crafted, and most comprehen- NATIONAL ASSOCIATION OF COUNTIES, and local government will know that they sive approach to provide relief for state and Washington, DC, December 29, 1994. have our support and appreciation. local governments from the burden of un- Hon. DIRK KEMPTHORNE, U.S. Senate, Dirksen Senate Office Building, Thank you again for all of your hard work funded federal mandates. Washington, DC. and commitment, and rest assured that we The National League of Cities commits its DEAR SENATOR KEMPTHORNE: On behalf of will continue to stand with you. strongest support for the Unfunded Mandate the National Association of Counties, I am Sincerely yours, Reform Act. We will fight any attempts to weaken the bill with the full force of the writing to express our strong support for S. VICTOR ASHE, 150,000 local elected officials we represent. 1, the Unfunded Mandate Reform Act of 1995. Mayor of Knoxville, Local governments and the taxpayers we We sincerely appreciate the leadership you President. serve have borne the federal government’s have provided in crafting this new, strong bi- fiscal burden for too long. We will not have partisan bill to relieve state and local gov- such an important relief measure thwarted ernments from the growing burdens of un- in the final hour by special interests. funded federal mandates. Our NACo staff has S 1508 CONGRESSIONAL RECORD — SENATE January 25, 1995 reviewed the latest draft and they are con- Mrs. BOXER. Thank you, Mr. Presi- having 100 amendments. It is work to vinced it is much stronger than S. 993, the dent. I will speak for about 1 minute in put together an amendment that we bill approved in committee last summer. response to the Senator from Mis- believe in and fight for it as I am doing While this legislation retained many of the sissippi, and I plan to yield 10 to 20 basic principles from the previous bill, there and others are doing. It is not fun and were many improvements. Most significant minutes to the Senator from Connecti- games, especially since the Repub- among them is the provision that requires cut, whatever time he might wish to licans are voting lockstep against us any new mandate to be funded by new enti- consume. on every single amendment. tlement spending or new taxes or new appro- Mr. President, I want to say to my I urge the American people to look at priations. If not, the mandate will not take friend from Mississippi, and he is my that. On the Congressional Account- effect unless the majority of members in friend, that I am rather distressed at ability Act, they even voted in lock- both houses vote to impose the cost on state his comments. But I am not surprised. step—lockstep—to allow lobbyists to and local governments. Although the new It is the intent of the Republicans to bill will not prevent Congress from imposing continue to take them out to dinner the cost of new mandates on state and local make it look as if the amendments we and pay for their weekends. They voted taxpayers by holding members accountable are offering are so-called frivolous in lockstep against the Lautenberg we believe it will discourage and curtail the amendments. They are not important amendment that said if there is an number of mandates imposed on them. amendments. They are only meant to across-the-board cut, we should take a Again, thank you for your leadership on slow things up. cut in pay. They voted against that. this important legislation. County officials I understand he has a Contract With across our great nation stand ready to assist They are voting in lockstep. There is a America that he likes. Hey, I like some contract, and I am not here to help you in anyway we can to ensure the swift of the things in the contract. I will passage to S. 1. If you have any questions, them get a contract through which, in help him when I agree with him. But I please contact Larry Naake or Larry Jones part, I think will hurt Americans. will not be railroaded so that he can of the NACo staff. I think this bill is a good one, but we make his 100-day deadline, when the Sincerely, have to make it better. I am very glad people of California sent me here to RANDALL FRANKE, to see that the managers of the bill Commissioner, Marion County, OR, protect the children, protect the frail support Senator LEVIN’s amendment, NACo President. elderly, to make sure that I stand up which will allow an individual Senator Mr. LOTT. I have a letter from and fight for my State to get reim- to get an idea of what his or her Mayor Richard Daley of Chicago; an- bursement for illegal immigration, the amendment will cost so that they can other one from the National League of biggest unfunded mandate of them all participate in what is now becoming a Cities. They support the legislation. that is not even addressed in this bill. nightmarish scenario of how to get a But there are some key words in here. I liked the bill as it came out last bill into law. They support the legislation without year. As a matter of fact, it did exactly When I was a kid I read how a bill be- weakening amendments. And that is what the Senator from Mississippi, the comes a law. It was complicated what this is. It is a weakening amend- distinguished whip, says this bill does. ment. Today he said, ‘‘We want a process to enough then. Wait until the kids have I will just read the first sentence in look at the burden we are putting on to learn about this. They will wonder the letter from Mayor Daley. the other levels of government.’’ I what are we up to. So, I could say to the mayors who are listening and the I am writing to urge your support for the agree. That is exactly what the bill did Mandate Relief Legislation (S. 1) currently last year. It stopped right there. CBO city councils, I do not intend to vote being debated on the floor of the Senate and came in with the estimate. If we did on anything that will lay an unfair I encourage you to work with your Demo- not have an estimate there was a point burden on you. But I say to the mayor cratic colleagues to oppose any weakening of order against the bill. This whole of Milwaukee, and I don’t know if any- amendments. green area here was added this year. It one has heard from him, but when That letter was to the minority lead- is a bureaucratic nightmare. cryptosporidium killed 100 people in er, TOM DASCHLE. I believe we should think very care- his city and caused 400,000 serious ill- In a letter to the manager of the bill, fully before we pass a law that will im- nesses because a parasite got into the the Senator from Idaho, Senator pact local and State government. I water, he would have been glad if we KEMPTHORNE, from Carolyn Long served on local government. I come out had passed a law here that told them Banks, president, and councilwoman- of local government. I had some man- they had to get rid of cryptosporidium at-large, Atlanta, GA, on behalf of the dates that were ludicrous that came which killed his constituents. National League of Cities, the first sen- down from the Reagan administration. So, I will yield time to the Senator. tence of the second paragraph: Ludicrous. But I do not want to go too I will reserve my time to continue to We urge you to oppose amendments that far because we can take a good bill debate this very important amend- would provide blanket exemptions of certain with a good concept, which is what this ment. I am proud that the EPA, the types of mandates from the points-of-order bill is, and we can destroy it if the real person in charge of the environment in contained in S. 1. agenda is to stop this U.S. Senate from this great Nation has sent a letter to Right on point with this amend- acting in behalf of the people. every Senator, asking for this amend- ment—‘‘oppose amendments that I am very clear in my mind that the ment. I am very proud that the Sen- would provide blanket exemptions of people sent Senators here to do some- ator from Connecticut is here now. He certain types of mandates.’’ thing. They did not send us here to will talk not only about this amend- And this is from a city officeholder in walk away from our responsibility. ment on protecting the frail elderly, Atlanta on behalf of the National Now, every day I hear of letters from children under 5, and pregnant women League of Cities, not your basic, you mayors of cities, small cities and big from this bureaucratic maze, but also know, Republican organization. Mr. cities, and members of boards of super- on my amendment on child pornog- President, I really think that we visors, and that is great. But I do not raphy that he supports. I yield to him should defeat this amendment, all represent mayors and Governors and at this time, 15 minutes. other similar amendments. Let Sen- city councils and boards of supervisors. Mr. DODD. Thank you, Mr. Presi- ators bring this thing to closure. Let I like them a lot. I have a responsibil- dent. Let me thank my colleague from Senators pass this bill tomorrow night ity to the people that elected me. California. I may not need all 10 min- and celebrate, having done the right There were, as I remember, 6 million of utes, and I will reserve the balance of thing for all Americans with this un- them. And the others who voted for my time if I do not use it. funded mandates legislation. opponent, they want me to work, too. Let me first of all commend the Sen- I reserve the time. I find it interesting, because the ma- ator from California for offering the Mrs. BOXER. Mr. President, how jority leader last week said, ‘‘What is amendment that is before the Senate, much time do I have left? wrong with the Democrats? You do not and, as I understand it, a second The PRESIDING OFFICER. The Sen- want to work. We are ready to work.’’ amendment which she will offer later ator from California has 74 minutes First he says we do not want to work this afternoon involving vulnerable and 30 seconds. in January; then he criticizes us for constituencies. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1509 The first amendment, the one which issue that comes before this body I think we have to get some balance is before the Senate now, would provide where a mandate is involved. here. Try to have an intelligent, protection for the health of children Mr. President, that is not the case. thoughtful process, but let us not lose under 5, pregnant women, or the frail We have already decided to exempt sight of what happens. The process be- elderly. They would not be subjected to some areas. And I agree with them, by comes, in a sense, the Holy Grail, rath- the procedural hurdles imposed by S. 1. the way. I am not disagreeing with the er than the people who are supposed to The second amendment, which the dis- exemptions that have been made. We be served by the process. I think we tinguished Senator from California will said, for instance, on the basis of sex or lose sight of that. It is possible to have be offering, would exempt laws that race or national origin, that you can- a sense of equilibrium here, where you protect our children from pornography, not require a procedural process deal- move forward in the process, you try to sexual assault, and exploitive labor ing with the funding or the mandates make it work better, far more effi- practices. And I think both are very in those areas. ciently, far more effectively. But when sound and responsible amendments. We have already taken categories of you turn to certain constituencies, as Let me just echo the comments of people based on their gender, their na- we have done in this bill—we have said my colleague from California. First of tional origin, and their race, and we on the basis of race, gender, or national all, I am a supporter of this bill, the have said, ‘‘If there is a mandate here origin, you are different; we are not unfunded mandates bill. I was a sup- to the States that involves those is- going to apply the process to you be- porter of the bill that we could have sues, then you are exempt from the cause we honestly believe we should passed last September, had it not been procedures.’’ I think that is wise. I not be turning the clock back in cer- stopped through the gridlock and fili- think that is right. tain of these areas. busters that took place here. We have also done that in the area of What the Senator from California is I do not know if there is much de- national security and international saying, when it comes to the frail el- bate, there may be some who are op- agreements, again I think for good derly and children under 5, and preg- posed to the idea of amending the cause. We said, ‘‘Look, this is a very nant women, that we ought to, as well, present situation which allows un- sound idea. Unfunded mandates, we say ‘‘Look, this is not a matter, folks, funded mandates to foist incredible ought to be funding them, helping our that we can argue about how much we burdens on our State and local govern- States or not requiring them. But want to do,’’ and so forth, but in these there are areas in which we think that areas, it would be a major setback to ments. As the Presiding Officer knows, these procedures should not apply for become so distracted, so embracing of and others, a year ago I offered an certain constituencies. Certain people, the process, that we are willing to walk amendment on this floor with the sup- certain circumstances ought to be ex- away from constituencies in these par- port, I might point out, of my distin- empt from that process.’’ ticular cases. guished colleague from Mississippi, on What the Senator from California has I would certainly not stand up here the Budget Committee and again on said is we agree. We also think there and support constituency group after the floor. are some other people here, in addition constituency group after constituency We tried to do something about the to the ones mentioned, that we think group that seek to avoid the process. cause of special education, which today also fall into that category, and cir- This has been carefully crafted by the the Federal Government contributes cumstances that fall into that cat- Senator from California—carefully about 7 percent of the cost of educating egory. Not every State has laws which crafted. She talks about a series of con- a child with special needs, despite we prohibit the mailing or communication stituencies and circumstances in which made a commitment some 20 years ago of pornography. I know which States some of those vulnerable citizens in that we would make up to 30 or 40 per- they are. I will not bother listing them our society could be affected. cent of the cost. I tried a year ago to here today, but there are States that Protecting children from pornog- get this body to support an amendment have no laws in this area whatsoever. raphy, that is a very important issue. that would have raised our commit- So if we do not fund these things, it This body has debated and discussed ment to the costs of special education is conceivable through the computer this issue over the years, and we have to 30 percent. That failed at the time. practices today—and all of us have taken strong positions on the issue. I But that was again an unfunded man- read the stories about Internet, and so do not know of anyone here who wants date, in a sense, by saying special forth, how you can cross State lines to be on the side of coming out and needs children must be educated. We very quickly. The days of just only af- saying, ‘‘I’m sorry, but the process of said that should be the case, and yet fecting your neighborhood in these unfunded mandates is more important we are not willing to back up that areas is long since behind us. In fact, than what happens to a child through mandate with the kind of resources to there are some horrid stories involving the use of pornography through the support the States deferring those the use of computers, on-line comput- mails and computers.’’ costs. That is one example. ers, Internet, and what happens to We have to make a choice here: Is the Here we are talking about a generic young children who get caught up in process more important than the issue? law dealing with a lot of issues. I do this. I suspect if the American public had an not take a back seat to anybody in my What the Senator from California is opportunity to vote on that issue, they support for the concept of trying to be saying, when it comes to pornography would say, ‘‘Do not make the mistake more of a partner in meeting the desir- and to child abuse and neglect, is that of becoming so wedded to your process able goals of our Nation. That, I do not we ought to also carve out an excep- around here that you have neglected or think, is in debate. The question is, are tion, as we have carved it out for the failed to deal properly and forcefully there certain areas that we ought to others. Now that we are no longer with the issue of child pornography.’’ exempt from those procedures? being pure on the issue, we are carving The same could be said with sexual Now, when we are sitting here debat- out exemptions, this is one we think assault and exploitative labor practices ing a situation where there are abso- also ought to be carved out. included in this piece of legislation. lutely no exemptions. We were taking In addition to the question of chil- Children under 5, pregnant women, the position, or there was a position of dren under 5 and frail elderly, I do not frail elderly—those are the constitu- the majority here, that there should be think any of us want to be in the posi- ents. If we cannot find a way to have no exemptions. Discrimination laws, tion of having some huge procedural an intelligent bill on unfunded man- national security issues, we are going hurdles put in front of us despite our dates—and I am confident we will—as to subject every mandate to the same commitment to dealing with the un- well as intelligently carving out cer- standard and test. Then I think the ar- funded mandates issue. This idea that tain areas of constituencies that need gument that we should not be accept- we have to be so pure when it comes to our national protection, then I think ing or supporting the Boxer amend- the process, the process becomes more we have lost sight of what our role is ment would have value because we are important, far more important than here to be a body that does try to be applying the same standard to every the constituencies we are trying to far more efficient and effective, make single constituency and every single serve. Government smaller, make it work S 1510 CONGRESSIONAL RECORD — SENATE January 25, 1995 better. All of us, I think, are wedded mentality. We are not involved in the The PRESIDING OFFICER. The Sen- and determined to do that and also, as business of a goldfish-swallowing con- ator from Connecticut yields back his I said a moment ago, to maintain that test around here, to see how many we remaining time. sense of equilibrium, which is criti- can put down our throats in what pe- The Chair advises the Senator from cally important, in my view. riod of time. This is the Senate of the California the time under her control is Mr. President, I will just mention United States in the business of trying 53 minutes and 30 seconds. here, because someone may say, ‘‘How to legislate. I think these are good Mrs. BOXER. I thank you very much, bad is this problem in certain areas,’’ ideas. Mr. President. let me just point out—I know the Pre- Under normal circumstances, were Is there a desire on the other side to siding Officer knows these numbers, as we not sitting around here trying to take some time? the chairman of the Subcommittee on meet some date that has been set out Mr. LOTT. Mr. President, I inquire of Children and Families, on which I have in front of us, I think these amend- the time remaining on this side. the pleasure of serving with him—but ments would be debated, modified a The PRESIDING OFFICER. The reports of child abuse and neglect have bit, and I think they would be accept- Chair advises the Senator from Mis- risen 40 percent between 1985 and 1991. ed. In the normal course of amending a sissippi there are 17 minutes remain- Too many cases of child neglect and bill, these amendments would be ac- ing. abuse are reported annually now. One cepted. Mr. LOTT. Since there are 50 minutes in three victims of physical abuse is a But because there might be a con- on the other side and only 17 on this baby less than 1 year of age, and al- ference with the House working out side, I will reserve the remainder of our most 90 percent of the children who some of the differences, it might delay time at this time. died of abuse and neglect in 1990 were the calendar on adopting this legisla- The PRESIDING OFFICER. The Sen- under the age of 5. tion, no one can support it on the other ator from California. Unfortunately, these numbers seem side. I think that is a huge mistake. I Mrs. BOXER. Mr. President, before to be getting worse. I do not know if do not think we are being well served the Senator from Connecticut leaves anybody has simple answers to it, but I by that mentality. the floor, I want to thank him for tak- think as we try to deal with these As I say, this is not a drag race to see ing time to speak. It is very difficult questions, we ought to try to get to the who can beat the clock. We are dealing for Senators to come and talk on an- heart of it as quickly as we can and not with a very important bill, a good other Senator’s amendment. That is set up, as I say, an arbitrary set of hur- bill—I will say, a good bill, a good why I am so pleased I have a number dles here in our desire to intelligently bill—that will change the process in who will be doing that. do something about a process that this country and provide assistance to I could not be more pleased than to needs reforming. States and localities. It is a good bill. have the Senator who has really stood So, again, I emphasize, Mr. Presi- I think it can be made a better bill, and for protecting the children of this dent, the fact that we have already that is our business through the country to be here on these amend- carved out constituencies because we amendment process. ments. I think it is clear that he has feel and have felt that they were im- Let us get rid of this calendar/clock been the leader in this regard. I think portant and essential and should not be idea. Let us get our business done he makes the points very clearly. We subject to the whim of a simple major- quickly, but let us also engage in the are setting up hurdles in this bill, ity here, a 51–49 vote that could roll kind of discourse that the Senate re- many more hurdles than in last year’s back our support in these areas. quires when good ideas are raised; bill. Some of us may still decide it is a I suggest in the areas the Senator Members can support or object. But to bill worth voting for, but we do have a from California has outlined, we should go through a process, no matter how chance to make it easier. do likewise. This will not do great vio- good your idea is, no matter how many I say to my friend, under last year’s lence to the underlying bill on un- people may agree with you, we say, bill, the hurdles stopped about at this funded mandates. Quite the contrary. I ‘‘Sorry, we cannot accept it because, point, because at that time we just said think it says that this is a body that you see, it is far more important we CBO had to let us know how much our has dealt with an issue that needed have a clean bill without a conference amendments or bills would cost State dealing with and dealt with it effec- to get it done than it is what we write and local governments. And then we tively, and had a sense of balance and and what we ask the American people would make intelligent decisions be- equilibrium about the constituencies to support.’’ cause hopefully we have the ability to out there that deserve to be singled out So, again, I commend the Senator do that. because of their vulnerabilities. I think from California. These are good amend- What has happened in this year’s bill, we ought to be able to do both. ments. I think I can predict what is S. 1, which some say goes too far, is If we do, I think we strengthen the going to happen. They are going to be that we added all this part here which legislation and build a stronger base of defeated mindlessly because it does not deals with giving power to the Par- support, because we have shown a fit the drag race to get the bill done. liamentarian to decide whether or not heightened degree of sensitivity about My view and hope would be that the amendment or bill as it comes to these people, these children, particu- some might begin to at least say look, us is fully funded, and there are points larly, because most of the categories I think these are pretty good ideas. I of order and all kinds of confusion. we are talking about are the youngest think the House might accept them. I might say to my friend, after we children, the ones who have little or no Let us not get bogged down in reject- even get a bill down here to the floor, protection at all but look to us and ing every idea that comes along here every amendment has to start all over look to others to make sure that at merely because it is going to upset the again with this procedure. That is why least there are laws on the books which 100-day calendar, whatever else it is we the exceptions clause is so critical to allow those who are responsible for en- are dealing with. us. It is not as important as it was forcing them to have some tools in That is not what the American peo- under last year’s bill, but because of their hands and not watch some end- ple are interested in. They could care these hurdles, we have to be careful less debate down here that gets caught less about the politics of what kind of that we do not tie our hands behind our up in filibusters as to whether or not timeframe you are going to build on. back, blindfold ourselves, and put we are willing to come up with the They want us to do a good job here— earplugs in so we can really do noth- money in these areas and watch the not a fast job, a slow job but a good ing. issue die. job. I think we have a wonderful oppor- I am very fearful, if we do not get I urge the adoption of these amend- tunity to do a good job. It can be a bet- these amendments through, then the ments. I hope we will get away from ter job with the adoption of these children of our country, who do not put this notion that any suggestion—any amendments. on pinstriped suits or come up here and suggestion—to try to improve this bill Mr. President, I reserve the remain- treat Senators to dinners and break- is rejected because of some drag-race der of the time. fasts, will not be heard. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1511 So I thank the Senator for adding his I know one of the most poignant What we are saying in this amend- important voice to this amendment. I gatherings I have been involved with ment is very clear. This bill has turned repeat that Carol Browner of the EPA here in Washington was when a group into somewhat of a bureaucratic night- supports us on this, of which I am very, of citizens, to make a connection to mare. Maybe it is worth it all, to make very proud. the environment, came from around the Governors happy. But we better At this time, I would like to yield 7 the country. They were mainly poor stand up and look out for regular peo- minutes to my colleague from Min- and they came to talk about environ- ple. Is that not why we are here? nesota, Senator WELLSTONE. mental justice. Their point was that all At this time I am going to yield to The PRESIDING OFFICER. The Sen- too often the environmental degrada- the Senator from Washington who I ator from Minnesota is recognized. tion has a disparate impact on their think, more than anyone in this place, Mr. WELLSTONE. I thank the Chair, communities. And they are right. stands up in the most direct way to and I thank the Senator from Califor- So when it comes to situations where protect those people, average Ameri- nia. I am pleased to be an original co- women really cannot eat fish out of cans. I yield 7 minutes to my friend sponsor of this amendment. lakes or rivers close to where they live, from Washington, Senator MURRAY. Mr. President, to me, the operative nor can their small children, or when The PRESIDING OFFICER. The Sen- language in the amendment says that you go into a classroom—this happened ator from Washington. any bill which ‘‘provides for protection to me in Minneapolis—and meet with Mrs. MURRAY. Mr. President, I of the health of children under 5, preg- students—I think there is no alter- thank my colleague from California, nant women, or frail elderly would not native to meeting with elementary Senator BOXER, for bringing this very be subject to S. 1’s point of order and school kids; it is wonderful how eager important piece of legislation, this other requirements.’’ they are. It is sort of like the world all amendment, in front of us today, be- I had a meeting back in Minnesota of a sudden of magic is before you. But cause I think it points out who some of before the beginning of this session. It to leave this meeting and then have a the critical citizens we are represent- was really a very powerful meeting. It teacher say to you afterwards: You ing in this debate are and what atten- was with a large number of people from know, Senator, these kids are wonder- tion we need to bring to them. Cer- the disabilities community in Min- ful, but I really worry about the lead tainly I, like all of my colleagues, have nesota—Justin Dark came out—and they have in their bloodstream—envi- received letters from mayors and city people were really both terrified and I ronmental degradation, whether it be councilmen and women who are saying think indignant about what this un- in the paint or whether it be in the you have to pass this unfunded man- funded mandates bill would mean to soil—there are needs that cry out in dates bill. them. this country. As a former State Senator I certainly I think it was very, very important it I cannot think of an amendment that was the recipient of mandates from the be made clear that there would be an does more to really strengthen this Federal Government, and I said, ‘‘Who exemption as it applied to the Ameri- piece of legislation because by passing are they to pass this along to me?’’ cans With Disabilities Act. this amendment I think what we say in However, I think in the process we I really view this amendment in the one stroke of public policy is we are have forgotten the people whom we are same framework, and I would say to committed to being accountable; we here to represent. My constituents in my colleague from California and the are committed to making sure that we the State of Washington sent me back Senator from Washington, with whom I do not impose legislation on State and here to represent their interests at the have worked closely as well, that actu- local governments without making an Federal level. Certainly some of the ally, as I have had discussions with effort to either provide the funding or most important people I represent are people in my office about this piece of be clear that they should provide the the people who are spoken to in this legislation, some have been surprised funding, but we go on record, we are amendment: Children, pregnant at really what is, by and large, with my explicit about what we do, but at the women, and the elderly. I look at this strong support, the premise of this bill, same time in the framework of the bill very critically. How will that af- but my view is that we should be ac- Americans With Disabilities Act, we fect those, the most frail in our soci- countable. understand that there are some com- ety, people who do not have much of a I think that when we vote legislation pelling needs in this country, there are voice here in the U.S. Senate? and we are requiring State or local important populations that, unfortu- There certainly are no children here, governments to follow through and im- nately, are not so important here, not no pregnant women, and very few el- plement certain policy and there is an as important as they should be, that derly. I think it is important we speak expense, and we might decide that we really do need support and protection. out for them and I thank the Senator cover the expense or we might decide We do not want to see some legisla- from California for bringing this to our that it is appropriate for State or coun- tive process we have designed that has attention. ty or city government to also be pro- become so convoluted, so complex, so As we look at this bill in front of us, viding some of the funding, we should full of opportunities for people to block I look at the charts of the Senator go on record. to prevent us from moving forward from California that say what we will In many ways, that is what we do where we really need to take action. have to go through in order to pass a now. Someone can challenge a particu- I think that is what this amendment bill or amendment in the future, once lar through an amendment and call for does. I think it strengthens the bill, the unfunded mandates bill comes be- 51 votes right now. I like the idea of and I am very pleased to support it. fore us. I have to say, as a mother I our being accountable, and in that I yield the remainder of my time. I have a great concern about what this sense I think the premise of this piece thank the Senator from California for may do in case of a national crisis in of legislation is extremely important. I her leadership. the future. I want to point out an ex- have said that to Senator KEMPTHORNE. Mrs. BOXER. Mr. President, I thank ample of an issue I think might be se- But I also worry about what Senator the good Senator for coming over and verely impacted by this legislation as BOXER has so ably pointed out on the joining in this debate. Again, it is an it is now in front of us without Senator chart. honor for me to have so many of my BOXER’s amendment. What I worry about is that we get colleagues make the time. He has con- Last year in my State there was an into a kind of morass where there is sistently worked since this bill began outbreak of E. coli. E. coli is a bacteria the complexity and the multiple veto to try to strengthen the ability of this that is in meat, and if the meat is not points which end up leading to a proc- Senate to respond to the needs of popu- cooked properly it can cause severe ill- ess where we literally cannot move for- lations that simply cannot get on a ness and in some cases death. In my ward with important legislation where plane, come over here, take us to din- State of Washington, some children there are needs that cry out to us. I ner, and plead their case eloquently. had hamburgers from a restaurant would say that those needs cry out And many times these populations are where the meat was not cooked suffi- from children and from frail elderly in fact little kids, pregnant women, ciently. Several children died, many and from women expecting children. and the frail elderly. were ill, several of them still ill, and S 1512 CONGRESSIONAL RECORD — SENATE January 25, 1995 the outbreak of that has very much af- the Senator from Connecticut said, Second, creating entire categories of fected me as a mother thinking about this strengthens the bill. This touches blanket exclusions invites real prob- buying meat and purchasing things. the concern I have, and says we can act lems of interpretation. Would a man- We responded very quickly, putting as who we were elected be, to be legis- date that deals with infants and preg- out new regulations about how long lators, to make legislation. We can do nant women, but also includes many meat should be cooked. Certainly pub- it responsibly. And it is an important nonexcluded circumstances or cat- lic awareness has become greater on amendment for this body to consider egories, be exempt from the require- the issue. But I say to all my col- and to move forward. ments of S. 1? That is a question we leagues, and to people listening, that I again thank my colleague, the Sen- really would have to think about. E. coli is an emerging bacteria. It was ator from California, for bringing this Third, the more categories that are not here several decades ago. It is now amendment before us and I yield back excluded, the more loopholes in the bill something we are seeing more and my time. that will invite creative construction more of, and there may be a time in Mr. LOTT addressed the Chair. of mandates, in order to avoid the in- this country where it is not just iso- The PRESIDING OFFICER. The Sen- tent of the law. lated to my region. Where we see more ator from Mississippi. The real answer to these pleas for ad- of it, we will need to respond quickly Mr. LOTT. We do not have much ditional exclusions lies in the waiver and directly with national legislation time remaining on our side but I will provision. Remember, S. 1 does not de- to ensure that we deal with this crisis. just try to give a little balance to the cide which mandates will be funded by I look back at the charts of my col- debate. I would like to take 4 minutes the Federal Government and which league from California that show us of our time to make a couple points. ones not. Instead it establishes a proc- the legislative process we have to go The PRESIDING OFFICER. The Sen- ess. Is it a magical process? Are we through and I ask what would happen if ator from Mississippi is recognized for wedded to that? Can we make changes? we had to bring an amendment forward 4 minutes. Yes, we can. But this is not a mandate. to deal with an issue like E. coli. What Mr. LOTT. Mr. President, after the This is a process by which we can vir- strikes me very much is it will no last three statements we have heard I tually look at all Federal mandates. longer be our decision about whether want to emphasize this point. This bill They will be judged on their individual or not this is a critical issue to the hurts no one. This is a positive bill. merits as to whether or not the Federal country and one we will be able to The results of this bill will be to help Government ought to fund them or fight for. It will end up at CBO, and people, all people, including—and I be- not. CBO will decide whether or not, if they lieve especially—the elderly who now S. 1 fully anticipates the concerns of have the manpower or the womanpower have to bear the burden of so many of Senators like the distinguished Sen- to decide how much this is going to the Federal regulations through addi- ator from California, Senator BOXER, cost, how long it will take them to put tional taxes and in many cases prop- by allowing the Senate to make a case- together the impacts, if they can, of erty taxes. This is a way to begin to by-case judgment on which mandates the passage of the legislation. We will help the American people by getting are so compelling that they ought to be have some nonelected bureaucrat sit- the onerous mandates of the Federal imposed even without Federal funding. ting in a back room, looking at a stack Government and all the problems it A big advantage of such case-by-case of paper on his or her desk deciding creates and all the taxes off the backs determinations is that it allows Con- whether or not they have the time to of people. gress to prevent creative uses of ex- decide the impacts of my E. coli We should not be trying to antici- emptions from turning into unintended amendment that is before the U.S. Sen- pate, in this legislation, S. 1, any and loopholes. It also allows us to still re- ate. all of the types of circumstances that quire that the cost of a mandate be I have a serious concern with that. I would justify a waiver in future legisla- scored by CBO, under the provisions of was elected by the people in my State tion. This legislation fully anticipates S. 1, while then having the option of to come back here and to bring to the that such circumstances will exist, waiving the requirement that the Fed- attention of this Government impor- probably, and allows the full Senate to eral Government fully fund it. Remem- tant issues that we have to address. To judge those cases on a case-by-case ber, exclusions from this act are ex- know that I would be stymied by some- basis. empt from both requirements. That is body who is not elected, who is a CBO Several amendments have been of- the way they should be considered. bureaucrat in the maze of the Senator fered. I guess others will be offered I reserve the remainder of my time. from California back there—that I that would remove additional cat- The PRESIDING OFFICER (Mr. could not react quickly really concerns egories from coverage by the bill. I FRIST). All time which has been yielded me. It especially concerns me when the have a lot of questions about this. has expired. issue affects children or pregnant How do you define frail elderly as dis- The Chair reminds the Senator from women or the elderly. tinguished from sick elderly or just el- Mississippi that he has 13 minutes 43 I think the amendment of the Sen- derly? My mother, heaven help her, is seconds left under his time, and the ator from California is very important 82 years old. She has a bum knee. She Senator from California has 38 minutes for several reasons. It points out very does not get around too well. The bill 2 seconds. specifically how this can have a dra- already has an exemption for age. Who yields time? matic impact on some of our popu- Would that not take care of this prob- Mrs. BOXER. Thank you very much, lations, some of our amendments—the lem? Mr. President. process. Kids are small. Their tolerance There is this other little exemption Mr. President, I thank my colleague level is very low. They cannot take a in the bill that I read earlier. If there from Mississippi. I want to respond to lot. We cannot wait for a bureaucrat to is a real problem the President of the some of his points. decide whether or not this is an impor- United States can designate this is an The Senator says, ‘‘What do you tant issue. Maybe they are not a mom emergency and can take care of the mean by frail elderly? It is confusing to and they do not have the kind of feel- problem also. me.’’ Let me tell you why we decided ing I have about it. We need to be able, There is no end to the list of groups to go with frail elderly. We wanted to as elected officials—the people we or categories of individuals or cir- make this a narrow exception. We did have—to be able to move legislation cumstances we might conjure up that not want to make this an exception quickly. might come forward. The bill will take that will hurt this bill. We said chil- I commend again the Senator from care of that. There are at least three dren under 5, because those are the California for bringing this very impor- problems with adding all these exemp- ages recognized by the World Health tant amendment before us that will tions. Organization as the years when chil- simply say when the issue affects chil- First, it is a slippery slope and there dren are particularly vulnerable to en- dren, pregnant women and elderly, that is no limit to the interests that argu- vironmental pollution. We did not want we can move it through this body ably ought to be protected through an to say ‘‘elderly.’’ That would mean ev- quickly and effectively. I believe, as exclusion. eryone over 65 or 62 or 70, because I January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1513 have many friends of that age group the arguments on this amendment. tion. That is an exception for the frail who are in better shape than some of They have accused us of slowing things elderly, the children, and the pregnant us who are younger. We are trying to up. I have news for them. They are on women. I ask my friend from New Jer- make an exception for the most vulner- a 100-day course. My people did not sey if he is prepared at this time to able in our society. send me here to march in tune to a make a few remarks on this amend- It is really extraordinary to me that contract that some politician wrote. ment, or would he rather the Senator my good colleague would send out one They sent me here to fight for the peo- from Texas take her time now? I have of the members of the leadership to ple of California, to stand up for what the right to the floor, and I am glad to fight this amendment. I am very flat- I believe in, and especially for those yield if he wishes. tered that the majority whip himself is without a voice because kids do not Mr. LAUTENBERG. I thank the Sen- here with all of his experience in de- come here in pin-striped suits and treat ator from California. I hope the Sen- bate. But I think it speaks to the fact us to dinner. They expect, and they ator from Texas will excuse my taking that this is an important amendment. should expect, of their elders that we advantage of the time offered now. I I hope that my Republican friends will look out for them. will not be long. will not march lockstep to some 100- I have made this amendment very Mrs. BOXER. Would the Senator like day plan to pass a contract and say we narrow. I have made this amendment 10 minutes? have to vote against every amendment so narrow that the exception is the Mr. LAUTENBERG. That would be because if this bill is different than the frail elderly, children under 5, and the most that I would need. House bill we will have to go to con- pregnant women, because I do not be- Mrs. BOXER. I yield 10 minutes to ference, and, God forbid, it will slow it lieve it is right, I do not believe the the Senator from New Jersey. down and take time. American people want us to tie that Mr. LAUTENBERG. Mr. President, I I hope the American people are lis- kind of legislation into knots and later rise to make sure that as we pursue the tening to this debate. I hope they get on be offering an amendment that says objective of S. 1, one that I think al- involved in it because we are going to if it is a law that deals with child por- most all share here, which is to get rid vote on this issue pretty soon. I think nography, child sexual abuse, child of assigning States tasks that cost anyone who has followed this debate, labor law infraction, that we do not them lots of money without having a who has seen how bureaucratic this law subject those kinds of laws to this bu- good and sufficient reason, that we is, will well understand why we need to reaucratic nightmare. take important national matters into exempt some of our priorities from the If that is what this contract is all consideration. One issue that I have maze it creates. If children are not our about, fine. I have to say that my mentioned in previous statements is priority, where are we as a nation? friend from Mississippi, and he is my interstate pollution. I am concerned Every Senator from every party, Re- friend, says this bill hurts no one, that about my ability to persuade the citi- publican, Democrat, independent, I do this helps all people. Let me tell you zens of New York to take on an extra not know of one who has not made a something. I will be unequivocal about tax so that beaches in my State could great speech and gotten great applause this. I used to be in local government. remain free of pollution. Yet that is ex- for our wanting to protect our children I did not like it when the Reagan ad- actly what may happen, because under or our future. Well, let us show that we ministration told me what to do, and S. 1, States would not have to comply mean what we say. they did it time after time. So I want with Federal mandates unless we pay We are setting up a new procedure to support a bill that takes the man- them to—or unless I am able to per- that is very confusing. I daresay I lis- dates off our backs. I supported the suade a majority of my colleagues to tened to this debate. The two managers original bill. This one goes too far. It help my State. could not agree on some of the provi- sets up a maze. I am here to tell you. As I examined this bill, I came to the sions. There is no explanation of one of What good is it for the people of Cali- conclusion that, while in concept and the key points in the bill, the term ‘‘di- fornia to send me here and I cannot principle it is an excellent idea, there rect savings.’’ There is no definition. even offer an amendment to save the are certain national interests that are The Senator from Mississippi says, children—to save the children from so important that they ought not to be well, the Senator from California does chemicals that go into the water, from subject to the S. 1 point of order. I not define what frail elderly means. In bacteria that goes into the food, from commend the Senator from California, this bill there is no definition of direct dirty air? whose always thoughtful review of leg- savings. If we pass an environmental Do you know that the children in Los islation enables her to have a certain law and kids do not get poisoned from Angeles today have a 15 percent lower uniqueness about finding that one spot lead and they can concentrate in lung capacity than children born in or a place in a bill that really calls out school and they can get into high clean air areas? The San Francisco for unique or special attention. school and college and earn a living, Chronicle, which in the past has sup- In this case she is absolutely right. was it worth it that we said to the ported many Republicans, says as fol- These exemptions, such as the one that States get the lead out of the water? lows about this bill: is being proposed by the Senator from You bet. Clearly none of the major environ- California, include Federal mandates I ask you, my friends, my Republican mental protections passed over the relating to national security, discrimi- friends who voted in lockstep against past 25 years could have withstood this nation, and international agreements. every one of these amendments, to ask bill. So today, I am trying to help secure the people in Milwaukee if they would So let us be careful. Let us vote for support for the amendment of the Sen- have wished we would have acted to the Boxer amendment, supported by ator from California, to add the protec- take the cryptosporidium out of the the head of the Environmental Protec- tions of children, pregnant women, and water, or my friend from Washington, tion Agency, and in a new poll the vast the frail elderly to the list of vital na- my good friend, who said she had to majority of people believe we should tional interests. deal with the effects of E. coli in the have an Environmental Protection Mr. President, I cannot believe that meat supply. Agency. And Carol Browner has sent to any of my colleagues would act in a This bill sets up a bureaucracy. Make every Senator a letter today saying way to endanger the welfare of already no mistake about it, it is here. No one vote for this amendment. This is vulnerable Americans. Yet, this bill, as disputes it because this is it. This pic- smart. She says: it now stands, would do just that. ture, I say to my friends, does not even Your amendment, Senator BOXER, will en- Mr. President, if we leave Federal en- show the whole nightmare that it is be- sure that Congress is free to act to protect vironmental laws to the States, we risk cause this is just what the Senate does the health of our children, pregnant women, a situation where some States will to get the bill. Every amendment goes and the elderly, and it has my full support. enact much stricter legislation than right around and through all of these This bill sets up a process. This is not others and in that situation, by way of steps again at every single conference about helping anybody. It is about a example, our Nation’s children could be report that may come to us. It goes process. It is not about helping any- placed at terrible risk. Scientific stud- right through it again. You can hear body. I hope that we will add an excep- ies have shown that children, pregnant S 1514 CONGRESSIONAL RECORD — SENATE January 25, 1995 women, and the elderly are all particu- rious birth defects and childhood dis- and let us make your idea part of this larly vulnerable to environmental eases. That is why I am here and join- bill. threats. The overall incidence of child- ing the Senator from California to sup- No. No. I have never seen anything hood cancer, which induced, frankly, port this amendment. like it; vote after vote along partisan the review of the Superfund statutes It is thoughtful, purposeful, and it lines against amendments that are that are on our books, has increased belongs in this piece of legislation as going to make this bill better. The ma- 10.8 percent over the last decade. Not- an exemption. Otherwise, Mr. Presi- jority leader said, ‘‘They like this bill. ing that, the incidence of childhood dent, we are going to be putting the Why are they offering these amend- cancer has increased 10.8 percent over children of America and the elderly at ments?’’ the last decade. Cancer now is the No. dangerous risk. There is nothing more Because we want to make it better. 1 disease killer of children from late in- beautiful, in my mind, than my preg- We did not come here to roll over and fancy through early adulthood. nant daughter. We ought to be con- play dead because there was an elec- Unlike legislators and regulators, the cerned about pregnant daughters tion and somebody has a 100-day con- disease of cancer does not know State across the face of this Nation. We all tract. You know, my contract with my lines. If just one State were to loosen instinctively want to protect and ad- people goes far past 100 days. It goes to its environmental laws, the fallout mire that cycle of life. the next generation. could lead to even higher rates of So, Mr. President, I hope this is an I really believe that the Senator from childhood cancer, both in that State amendment that is going to carry by New Jersey spoke eloquently to that and throughout the region. weight of its value and by the persua- point. I am so proud to have his sup- In his State of the Union Address, the sive presentation from the Senator port, and also have the support of the President cautioned that we must from California. Senator from Connecticut and the Sen- maintain our sense of responsibility I yield the floor. ators from Washington and Minnesota. and compassion as we move to trim the Mrs. BOXER. Mr. President, I under- I thank them all. Federal Government. stand that the Senator from Texas is I retain the remainder of my time to As it now stands, S. 1 would allow prepared. I will only take 1 minute of close debate at a later point. States to decide whether or not, on their own, to protect citizens from seri- my time. How much time do I have re- The PRESIDING OFFICER. Who ous environmental threats. I am con- maining? yields time? cerned that passing this bill in its cur- The PRESIDING OFFICER. The Sen- Mrs. HUTCHISON addressed the rent form might be neither compas- ator has 20 minutes 33 seconds. Chair. sionate nor responsible. Mrs. BOXER. I will take, at maxi- The PRESIDING OFFICER. The Sen- The Federal Government has a moral mum, 2 minutes to say to my friend ator from Texas. responsibility to protect American how much I appreciate his coming over Mrs. HUTCHISON. Mr. President, I citizens—especially our most sensitive here. He has been a stalwart in terms certainly appreciate the concern of the populations—from grave dangers to of protecting the environment of the Senator from California about preg- their health and well-being. We have a State of New Jersey and the health and nant women and children and the el- moral responsibility to tackle national safety of all Americans. He just faced derly, and the Senator from New Jer- problems with national solutions. And the voters in a very tough race, where sey talking about carcinogens. we have a moral responsibility to make he stood on that record of environ- A vote today against this amendment sure that our national environment is mental strength. And I think the fact or against the Senator from New Jer- habitable and safe. that he is out here today supporting sey’s amendment does not mean that Later this afternoon, I plan to offer this very important amendment— we are for carcinogens in the water. It another amendment that addresses which, I tell my friend from New Jer- does not mean that we do not want to concerns not dissimilar to those raised sey, Carol Browner, the head of EPA, take care of the young children and the by the Senator from California. My supports and has sent us a letter which elderly. We all want to make sure that amendment would exempt from the re- is on everyone’s desk—and the fact our young children and our elderly peo- quirements of this bill, legislation that he took the time out of his busy ple who need help have it. seeking to limit exposure to group A schedule says to me he meant what he In fact, that is the purpose of the carcinogens. In other words, very sim- said to the people of New Jersey and he bill. The purpose of the bill is to bring ply, if a mandate was issued that one is very magnanimous to the Senator the issue down not to whether we take State had to rid itself of the emission from California for helping her. care of people or not but how do we of carcinogens to protect another I want to share a personal note with take care of them? What is the best State’s interest as well as its own, I do my friend. I, too, have a daughter who way to make sure that our children not think it is unreasonable to ask is going to give me, if all goes well, my have a future, that our elderly are able that polluting State to pay for it, par- first grandchild in June. And it is quite to be taken care of, that we do not ticularly if the effects, like the wind an experience to those people who have have carcinogens in the water? blowing or currents flowing, would be not had it yet. Your feelings for life The question is who makes the deci- in another State. and children and future come right to sion and who pays for it? Mr. President, I am particularly sen- the forefront. What we do here now is What we are saying today is that the sitized now to the well-being of chil- going to affect those grandchildren of Government that is closest to the peo- dren, as I expect a phone call any yours and mine, because if we set up ple should be making those decisions minute from my youngest daughter, such hurdles that makes it impossible and they should pay for it after they who is ready to deliver my second for the Senator from New Jersey to ful- make the decisions. grandchild. It is an exciting time, as fill the pledge he made to his people in The whole concept of our Govern- all know. Also, it is a daunting one. I his election and impossible for the peo- ment is that we do not have taxation want to make sure that my children ple to look to me and say, ‘‘Please, without representation; that if we are and your grandchildren, Mr. Presi- BARBARA, you said you want to act to going to have a program whoever de- dent—you are young and do not have help the young people and elderly in cides that we are going to have that them yet, but you will get them, God our environment.’’ Children who live in program should pay for it. That is the willing—and all the children in this Los Angeles have on average 15 percent issue today. It is not whether or not we land grow up in a safe healthy environ- lower lung capacity than children liv- are going to take care of the people in ment. ing in clean air areas. That is wrong. this country who need help. I want to make sure that they can This bill is a good idea that may well I am a former State treasurer. I have breathe in the air without also breath- go too far. We are trying to fix this and been a State officeholder. My colleague ing in toxins of death, that they can make it better. I am stunned at my from Idaho has been the mayor of his drink the water without imbibing lead, colleagues, that they did not say to city in Idaho, Boise. So I think we have and that they can grow up as healthy, me, this is reasonable, let us work it to look at the issue of who can best do productive adults, free from scars of se- out, let us change two or three words, this job. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1515 We know the impact of these man- you are the best source to determine The PRESIDING OFFICER. The Sen- dates. We know the tough choices un- what the quality of air is and what the ator is recognized for 10 minutes. funded mandates force States and priority programs to clean up the air is Mrs. BOXER. Mr. President, I am cities and counties to make. And the for your area. And it is different in Los really glad that the Senator from issue is, are they going to raise taxes Angeles than it is in El Paso. It is dif- Texas came over here to talk about her or are they going to cut services, serv- ferent in Houston than it is in Mem- philosophy of government because, ices to the elderly and children? That phis. really, it goes to my amendment in is the question. That is why we want to pass this bill, many ways. Passage of this bill sends a clear mes- so that the local governments can The Senator comes over here and sage to our State and local government more efficiently protect the people talks about her philosophy of govern- leaders that have cried to us time after that we are here to protect, because ment. I am talking about people, peo- time after time. We want to work with they can do it best at the government ple who are going to be impacted by a them to reduce the pressures on the level that is closest to the people and bill that is based on an excellent idea. taxpayers of America. It will also send they can determine what the priorities The Senator from Texas talked about a message to them that we intend to are and they will do it in a much better how she was in State government. I return to the proper role of Federal way than the Federal Government, the was in local government. I come out of Government. bureaucrats that may or may not have the grassroots. In my first campaign, I In my own State, almost one-third of ever visited Los Angeles or Memphis. knocked on every door in my county. I the increase in the State budget over They can do it better. lost that one. But I won the second the last 3 years has been the result of So that is why I am supporting this one, 4 years later. And I have won unfunded Federal mandates—one-third. bill. And that is why I am very con- every one since. It is a stealth tax. The taxpayers of cerned about an amendment that The reason I think I won these elec- Texas and California and Ohio and would essentially start to take out seg- tions, sometimes unexpectedly, is be- Idaho are paying taxes but we do not ments of the potential mandates be- cause I said to the people of my State, get the blame for those taxes because cause when you do that you are saying, ‘‘I will go and fight for you. I will walk it is a stealth tax. It comes from un- ‘‘We will be able to continue telling hand in hand with the Republicans funded Federal mandates through the you how you will do your business, when I agree with them, but when they States and local governments. We just go too far, I will fight for you.’’ So the State government and local govern- cannot afford it anymore. The tax- Senator from Texas talks about her ments.’’ payers of this country cannot afford it philosophy of government. I want to And I think the people of America anymore. talk about the people. I like the idea of understand that. And I think they un- Yesterday, I spoke about an amend- looking at costs when we write laws. derstand that this is a bill that will ment and I said these unfunded man- I loved S. 993, which the Senator fulfill a commitment that we have dates mean that we may have to in- from Idaho wrote in the last Congress. made to downsize the Federal Govern- crease and have increased the light bill It had very strong bipartisan support. ment, to go back to our roots, which is or the water bill or the sewer bill for It forces Members to look at the costs. State and local governments have all the very elderly people that the Sen- On this chart, it ended over here. It of the responsibilities in the Constitu- ator is trying to protect. I think you was very doable and workable. And have to look at the overall picture to tion except those specifically reserved now it has been changed. We have hur- determine what the effects are going to to the Federal Government. Not the dles set up, not only for the bills but be on the people that we are going to opposite. It is not the Federal Govern- for every single amendment. Maybe try to protect. ment saying we are going to do every- there are some here who think that ev- Gov. George Bush of Texas, who just thing and we will let the States and erything we do here is bad. I do not got sworn in last week, in his inau- local governments do a few things that think that everything we do here is gural address said, ‘‘Texans can govern we decide they might be competent to bad. Some of the things maybe, but Texas. Thank you very much, Federal do. The Federal Government did not there is a lot we do that is good. Government. We can do it ourselves.’’ create the States in this country. The I found it interesting that the Sen- Well, I am sure Tennesseans can gov- States created the Federal Govern- ator from Texas says, ‘‘Texans can ern Tennessee. I am sure Californians ment. That is the way our Founding take care of Texas.’’ That was not the can govern California. They are quite Fathers decided to do it because they case when they had a flood, as I re- competent to do it. In fact, they are knew, they knew, that States and local member it. And I was happy to help her better able to make the decisions, be- governments were best able to deal constituents. I say to my colleagues, be cause they would not put a mandate on with our problems. They knew that we careful in your rhetoric. There may be the local governments to test the should have a very limited Federal times when you will have floods in the water supply for proposed carcinogens Government. That is what we are try- Midwest, tornadoes, storms. There was that that water supply has never had ing to return to with this bill. a horrible one in Tennessee, I remem- and will never have because they know Thank you, Mr. President. I yield ber, after my friend who is in the chair what the potential carcinogens are in back the remaining time. was elected. It was a terrible problem. Boise, ID, or Amarillo, TX, or Mem- Mrs. BOXER. Mr. President, may I I believe that all levels of govern- phis, TN. They know better than the inquire as to what the timeframe is on ment should work together. We are not Federal Government and they do not both sides? enemies of each other; we are not en- need to send their money to Washing- The PRESIDING OFFICER. It is 17 emies of each other. We are all in it for ton to have them launder it through minutes and 10 seconds, and 5 minutes the same purpose. Sometimes, it will their bureaucracy and send 80 cents on and 13 seconds. make sense for the local government to the dollar back. They have figured that Mrs. BOXER. I would be glad to ask be in complete control of everything out. the manager if he wishes to retain his that goes on. Sometimes it should be a So the issue is not are we going to time. partnership. protect the elderly and the children Mr. KEMPTHORNE. Mr. President, My friend from Texas talked about and the working people and the jobs in to the Senator from California, I be- the founders. If the founders took a this country. The issue is how is the lieve I will use the remaining 5 minutes look at these charts, they would roll best way to do it. And the best way to to make closing comments. over in their graves. They were very do it is to pass this bill without amend- Mrs. BOXER. I say to the Chair, it is clear thinkers; they were very clear ments that are going to gut it as this my plan to close the debate since it is thinkers. Why we want to set up these amendment will, pass this bill to say to my amendment, so at this time I would hurdles on every single U.S. Senator is the State and local governments: We like to take 10 minutes of time. I would something I find hard to understand. are not going to tell you what is best like the President to inform me when I That is why I am offering my amend- for your locality because we know you have reached that 10-minute time- ments. I would not have offered the can make that decision. We know that frame. amendments to the former bill because S 1516 CONGRESSIONAL RECORD — SENATE January 25, 1995 that bill made sense. This bill goes too Lung Association. ‘‘* * * bodies debili- I just came from a press conference. far. If there is an outbreak of E-coli in tated by disease or by the inevitable That is why I had to leave for a few the meat supply, as Senator MURRAY loss of function with advanced age will minutes. At that press conference, we said, she wants to act. If there is be highly vulnerable.’’ had mayors from around the country. cryptosporidium in the water supply, it They cannot put on a pinstriped suit We had Victor Ashe, from Knoxville, kills people. Who does it kill? The frail and come in here and take me to lunch TN. We had Greg Lashutka, who is Sen- elderly, the children, and it harms the and tell me why it is so important to ator GLENN’s mayor, from Columbus, pregnant women and the children they protect them. They just want to be OH; Rich Daley, the mayor of Chi- are carrying. All we are saying is: grandmas and grandpas and great cago—all of them in strong support. Make another exception. You have grandmas and great grandpas, and live The press conference was to an- made other exceptions in this bill. If in peace and drink the water, breathe we mean that our children are impor- nounce strong support for S. 1 and the the air, and kiss their great grand- fact they appreciated S. 1 has as its tant, make an exception for those chil- children, and pass on the family values core S. 993. But that we have taken a dren. that are so important to everyone in good step forward. That is what S. 1 is. Let me read for my friends here from this Senate. I have yet to hear a Mem- a very important paper, ‘‘Health Ef- ber who did not talk about family val- At any point during this process, if fects of Ambient Air Pollution.’’ As I ues. We better value the family of hu- you truly have an emergency situation, understand it, my friend from Texas manity here in America because if we you can seek a waiver. These points of has a bill that would postpone imple- cannot act with speed, deliberate order are not self-executing either, Mr. mentation of the Clean Air Act. What speed, when there is an outbreak of President. Someone will have to raise does that mean to one part of my some poison in the water, some chemi- that point of order, and if you truly State? It would, in fact, reverse the cal in the water, we are putting those have some true national emergency, I progress we are making and we would people at risk. really do not perceive someone is going see a continuation of the costs of dirty Maybe you will change your mind if to try to stop the process of dealing air approach $9 billion, just in Los An- it happens to be your mother or your with it. geles. If we clean up the air, we will father or your pregnant daughter. I I do not want the Senator to feel that save $9 billion. Does that go into this hope we are never in that situation those who may oppose the language of formula? No, it does not. We do not be- where I have Members coming to the her amendment are against in any way lieve that savings is in this. U.S. Senate floor saying: Senator the elderly and children. I appreciate I also have to say to my friend, she BOXER, you were right; we should have says Texans can govern Texas and Cali- the sensitivity by which she has ad- done this. We cannot act. We are tied dressed the issue of the elderly and the fornians can govern California. Of up in knots. I cannot even offer an course, we can. There is a role for children. amendment. I have said many times that S. 1 is a State government, and there is a role Why are we here? We are not here to for local government and a role for carefully balanced bill. It is a bill that please Governors. We are not here to Federal Government. But I have news has bipartisan support because we have just deal with the process. for her. We had a Civil War. We decided addressed these issues. A number of That is why I like last year’s bill. It we were one Nation under God. We are Senators have expressed concern that was sensible, it was sound. It treated us not enemies of one another. I love to exemptions need to be added to the like grownups. Let us get a cost esti- work with Governors and State-elected mate. If we do not have it, there is a limited few that are in S. 1. But I do officials and local officials, of which I point of order against the bill and we not share that view and for a number of was one. We are not enemies. have to stand up and be counted if we, reasons. The American people, in a recent poll in fact, pass a law that costs some First, remember this is a bill that is in the Wall Street Journal, a couple of prospective in nature. It only applies days old, said it is up to this Govern- money. By the way, I am very willing to put to new mandates contained in legisla- ment to act to protect the health of tion considered in Congress after next the people, the environment; only 9 the money behind anything I believe year. So it is impossible that this bill percent of the people think there is no in. I think that is the right way to be. would harm the current environment, use for the Environmental Protection I think we should move in that direc- Agency. Let me repeat that: Only 9 tion, but to tie us up in knots? public health, and safety. percent of the people think there is no By the way, I also have to make a S. 1 is a process bill. It reforms the use for the EPA, the Environmental point here. In the committee, I say to process by which Congress considers Protection Agency, and the Environ- my friends, I offered a sunset amend- legislation imposing mandates. It is a mental Protection Agency supports my ment. I said, ‘‘Look, this may be a process bill for making better decisions amendment. It is unusual for them to great bill, but let’s analyze it in a few in the future about issues that affect send a letter. They sent it on this years.’’ They said, ‘‘Oh, no, no, no, we State and local governments and the amendment, because Carol Browner, do not want to do that.’’ private sector. So nothing in this bill who comes from the State of Florida, I said, ‘‘OK, I’ll offer an amendment affects in any way the current health, who understands the role of State gov- for 3 years,’’ and then I sunsetted it at job safety, or the environment of any ernment, who supports deregulating, 5 years, then I sunsetted it out in 2002. citizen. says this is an important amendment. No, Republican party-line straight Let me emphasize a provision in this vote, no sunset. Listen to what the American Lung bill that directs committees to report So when I hear my friend say, ‘‘If Association says: on the costs and benefits on health and this doesn’t work, we’ll change it,’’ I The young, the old and the chronically ill safety and protection of the natural en- think it is a little disingenuous be- are usually assumed to be at high risk for vironment. We will have more informa- many forms of air pollution. Much experi- cause we offered a sunset provision out ence leads us to expect that immature, grow- as far as 7 years and could not get a Re- tion to make better decisions. S. 1 is ing bodies will be highly vulnerable to all publican vote. not a ban on mandates. As the sponsor sorts of environmental stresses in compari- The PRESIDING OFFICER. The Sen- of this bill, I may well vote to waive son to healthy adult bodies. A more specific ator’s time has expired. this point of order sometime in the fu- concern is that children breathe more air for Mrs. BOXER. I yield the floor and re- ture. a given volume of lung tissue than do adults; With respect to the issue of the elder- likewise, much experience leads us to expect serve the remainder of my time. that bodies debilitated by disease (that is the Mr. KEMPTHORNE addressed the ly and children, let me mention what I frail elderly) or by the inevitable loss of Chair. think is quite straightforward. State function with advanced age will be highly The PRESIDING OFFICER. The Sen- and local officials, more than Congress, vulnerable. ator from Idaho. work on these issues hands on. These My friend from Mississippi says, Mr. KEMPTHORNE. Mr. President, are the real world day-to-day facts of ‘‘What do you mean by the frail elder- will you please notify me when I have life that State and local officials care ly?’’ I tell you, read the American spoken for 4 minutes? about. They want clean water, clean January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1517 air, safe working conditions just as we the impact of this as well, but when I ment would get to the floor without a do. They want to care for their neigh- met with them and I explained the point of order. They want me to be able bors, their elderly and those who need amendment that I had offered, they did to offer my amendment. If I can per- help. not object to what I am trying to do. suade the people here, fine. If I lose the Unfunded mandates, unfortunately, They understand that we have to be fight, at least I waged it. They do not keep State and local officials from tak- reasonable people. want me stopped by process. If I am ing meaningful action to improve pub- My friend says, ‘‘Oh, its real easy, stopped by substance, that is fine. That lic health and safety. Examples of that you come to the floor and you just get is why we want to add to the excep- are boundless and have often been cited everything waived and everything tions this very narrow group. on the Senate floor. works fine.’’ I say to my friend from Now, listen to what is stated in this The reason why unfunded mandates Idaho, the author of this bill, that if it book. I told you before, I lost one of my are counterproductive is simple: States is so easy, why does he have any ex- constituents to cancer, a little girl, and cities have to use discretionary emptions whatsoever? I think it is a Colette Chuda, and her parents are dollars that would have been spent on very important point that he address working very hard so that other little other programs to pay for mandates. in his own mind. If this is such a babies, our children, our grandchildren, States and cities have fixed costs that straightforward bill, if any Senator can do not have the same fate, and they they must pay. They have to pay for get on this floor and say, ‘‘Look, this is funded an environmental study. I wish sewers and roads and police and fire. so important, I want a waiver,’’ why to quote from it in part. I noted with keen interest the com- does he have any exemptions in this bill? And he does have exemptions in An estimated 8,000 children under the age ments made by the other distinguished of 15 are diagnosed with cancer in the United Senator from California, Senator FEIN- this bill. It currently shields constitu- States each year. Brain cancer and leukemia STEIN, when we began debate on this tional rights, discrimination, national are the most common childhood cancers. security, and implementation of inter- bill. And she said, and I quote: My friends, I want to tell you right national agreements such as NAFTA. Let us take Los Angeles County. To meet now as we speak I have two friends in Now let me say something. It shields Federal mandates and still balance its budg- the House of Representatives, one who international agreements, such as et, the County of Los Angeles has to curtail has a little tiny baby with brain cancer significantly other programs. For example, NAFTA. this year— What about children? Are our Amer- and the other who has a youngster about 19, or in his 20’s, with leukemia; The PRESIDING OFFICER. The Sen- ican children as important as an inter- perfectly beautiful children. ator’s 4 minutes have expired. national agreement such as NAFTA? Mr. KEMPTHORNE. Thank you, Mr. Are our pregnant women as important Incidence rates have increased for the ma- jority of these malignancies with the great- President. as an international agreement such as NAFTA? I think so. If there were no ex- est reported increases occurring for acute For example, this year, Los Angeles Coun- lymphatic leukemia and brain cancer. ty employees would have to forgo cost-of-liv- emptions in this bill, I think that the ing and other wage adjustments, and aid to manager of the bill would be intellec- These are the biggest increases. You indigents will be substantially reduced. Sev- tually correct when he says it is easy; can talk about mayors; you can talk eral libraries are being closed * * *. Recipi- any Senator can get a waiver. Then about Governors; you can talk about a ents of welfare and public health services why did he put exceptions in the bill? contract. I admire you. I am talking will face longer waits due to minimal county And why does he oppose our adding a about kids. I do not want to get them staff. very narrow group of people who can- caught up in this maze. You did not Let me read a quote from the Na- not come here and lobby, of people who have it last year, but you have it this tional School Board Association, Presi- do not have a powerful voice but are year. dent Boyd Boehlge: the most vulnerable of populations? The PRESIDING OFFICER. All time The very children Congress is trying to Now, I read to you before that the on the amendment has expired. protect are the ones who are hurt most often lung association feels very strongly Mrs. BOXER. I hope you will join by proliferation of unfunded mandates. that children are very vulnerable to with me and vote for this amendment. To accept further some unfunded chemicals, to pesticides, and to other I yield back the floor. mandates to the process or exemptions things in the environment that harm Mr. KEMPTHORNE addressed the in S. 1 seems it could lead to the impo- them more than they harm adults. Chair. sition of more unfunded mandates in Right now, when our agencies set The PRESIDING OFFICER. The Sen- the future. It is a process so that we limits on chemicals and pesticides, ator from Idaho. can have these discussions. This is they use a healthy 170-pound man as Mr. KEMPTHORNE. I appreciate the where those discussions should take their model. But now we know that arguments made by the Senator from place, recognizing that we do have children are more vulnerable than a California. State and local officials who realize 170-pound man, that the frail elderly I move to table her amendment and their responsibility and are looking for are more vulnerable than a 170-pound ask for the yeas and nays. a partnership instead of just dictates man, and certainly a child who is 5 The PRESIDING OFFICER. Is there a from their Federal Government. years old or less is vulnerable and they sufficient second? Mr. President, how much time do I are getting cancers in greater numbers. There is a sufficient second. have remaining? And we are setting up hurdles here that The yeas and nays were ordered. The PRESIDING OFFICER. Five sec- my friend from Idaho says is just a Mr. KEMPTHORNE. Also, Mr. Presi- onds. The Senator’s time has expired. process. It is just a process. dent, I ask unanimous consent that Mr. KEMPTHORNE. Mr. President, I Well, we know what process means when the Senate turns to amendment yield back the remainder of my time. around here. We had enough filibusters No. 187, it be considered and debated Mrs. BOXER. Mr. President, how from the other side last year. We know along with No. 188; that there be 30 much time do I have to close? what happens to bills when there is a minutes total equally divided in the The PRESIDING OFFICER. You have process. The bills die. So therefore usual form for debate on both amend- 6 minutes 14 seconds. when we have a process bill that sets ments; that no amendments be in order Mrs. BOXER. Thank you, Mr. Presi- up all this bureaucracy, we have to say to either amendment; and that follow- dent. I am going to close debate at this to ourselves, well, wait a minute, there ing the conclusion or yielding back of point. I want to thank my colleagues are some people in our society that time the majority manager or his des- on both sides of the aisle who partici- really should not be impacted by this ignee be recognized to move to table pated in this debate. I think this was a process, by endless chitchat, by amendment No. 187. very important debate, and I think the unelected officials in the CBO and the The PRESIDING OFFICER. Is there vote is very important as well. parliamentarians. objection? I want to say to my friend from I say to them, I think you are great, Mr. GLENN. No objection. Idaho that, again, he talks about how but the people of California did not The PRESIDING OFFICER. Without the mayors want this. My mayors like elect you to decide whether my amend- objection, it is so ordered. S 1518 CONGRESSIONAL RECORD — SENATE January 25, 1995 Mr. KEMPTHORNE. Also, Mr. Presi- NAYS—44 Without objection, it is so ordered. dent, I ask unanimous consent that fol- Akaka Feinstein Lieberman Mr. GRAHAM. Mr. President, as lowing the disposition of amendment Biden Ford Mikulski modified, the amendment has been re- Bingaman Glenn Moseley-Braun No. 188, the Senate resume consider- Boxer Graham Moynihan viewed by both managers, and I believe ation of the Graham amendment No. Bradley Harkin Murray it will be accepted. I will not ask for a 183; that there be 10 minutes for debate Breaux Heflin Pell rollcall vote on this amendment. to be equally divided in the usual form, Bryan Hollings Pryor Bumpers Inouye Reid Mr. President, this amendment, I be- and that no second degree amendments Byrd Johnston Robb lieve, closes the loop to the extent pos- be in order to amendment No. 183, and Campbell Kennedy Rockefeller sible on an issue within this bill. A fun- that following the conclusion or yield- Conrad Kerry Sarbanes Daschle Kohl Simon damental purpose of this bill is to iden- ing back of time the Senate proceed to Dodd Lautenberg Specter tify mandates which the Federal Gov- vote on the Graham amendment. Dorgan Leahy Wellstone ernment might, at a future date, be The PRESIDING OFFICER. Is there Feingold Levin proposing to impose upon States, local objection? NOT VOTING—1 governments, or tribal governments, Mr. GLENN. No objection. Simpson and then as the preferred option, to Mr. GRAHAM. Mr. President, reserv- So the motion to table the amend- have the Federal Government pay the ing the right to object, and I shall not, ment (No. 202) was agreed to. cost of those mandates. I just wanted to clarify, there will be Mr. KEMPTHORNE. Mr. President, I This amendment goes to the issue of agreed-upon substitute language of- move to reconsider the vote. how that appropriation to fund the fered for No. 183, and I wanted to clar- Mr. GLENN. I move to lay that mo- mandate will then be allocated back to ify that the managers understand that tion on the table. the States, local governments, or tribal and that will not be inconsistent with The motion to lay on the table was governments, which had created the the prohibition on second-degree agreed to. need for that funding in the first in- amendments. AMENDMENT NO. 173 stance because they were the object of Mr. KEMPTHORNE addressed the the mandate. There are at least two is- Chair. Mr. KEMPTHORNE. Mr. President, I The PRESIDING OFFICER. The Sen- ask unanimous consent that we vitiate sues which I believe this amendment ator from Idaho. the yeas and nays on the next Levin will deal with. One is the issue of where amendment. Mr. KEMPTHORNE. Mr. President, I the mandate is imposed on a particular The PRESIDING OFFICER. Is there say to the Senator from Florida, I am level of government. For instance, a objection? not sure I have seen the modified lan- mandate is imposed on school districts Mr. LEVIN. Mr. President, reserving guage. because of requirements made to them the right to object, and I will not ob- Mr. GRAHAM. I think the Senator’s that relate to the educational or ject. I just want to be certain about staff has seen the modification. noneducational activities that are con- this. I do support vitiating the yeas Mr. KEMPTHORNE. All right. Mr. ducted by schools. If school districts and nays and then we would proceed to President, then I would vitiate my are the level of government upon which the consideration of the amendment, is unanimous-consent request with regard the mandate falls, then school districts the Senator correct? should be the level of government that to the Graham amendment until I am The PRESIDING OFFICER. That is sure I have seen the language. receives the funds which we appro- the order. priate for the purpose of alleviating the The PRESIDING OFFICER. The re- Without objection, the yeas and nays financial impact on that unit of gov- quest is withdrawn. are vitiated. ernment of the mandate which we have VOTE ON MOTION TO TABLE AMENDMENT NO. 202 The PRESIDING OFFICER. The imposed. A commonsense approach. The PRESIDING OFFICER. The question is on agreeing to the amend- question is on agreeing to the motion ment. Second is the distribution among to table. The amendment (No. 173) was agreed units of government. We know that The yeas and nays have been ordered. to. from time to time we will impose man- The clerk will call the roll. Mr. GLENN. Mr. President, I move to dates that are not uniform across the The legislative clerk called the roll. reconsider the vote. country. They may be mandates that Mr. LOTT. I announce that the Sen- Mr. KEMPTHORNE. I move to lay relate, peculiarly, for instance, to bor- ator from Wyoming [Mr. SIMPSON] is that motion on the table. der States that have immigration prob- absent due to a death in the family. The motion to lay on the table was lems, northern States that have heat- I further announce that, if present agreed to. ing problems, States that have special- and voting, the Senator from Wyoming Mr. GRAHAM addressed the Chair. ized geological problems, such as those [Mr. SIMPSON] would vote ‘‘yea.’’ The PRESIDING OFFICER. The Sen- that would relate to earthquakes. The PRESIDING OFFICER (Mr. ator from Florida. There should be a connection between THOMPSON). Are there any other Sen- AMENDMENT NO. 183, AS MODIFIED the distribution of funds and where the ators in the Chamber who desire to Mr. GRAHAM. Mr. President, I send a mandate falls. vote? modification to the desk on my amend- So this amendment states that if a The result was announced—yeas 55, ment No. 183. mandate is funded in whole or in part, nays 44, as follows: The PRESIDING OFFICER. The Sen- then the committee which has the re- [Rollcall Vote No. 44 Leg.] ator has that right. sponsibility for that particular legisla- YEAS—55 The amendment will be so modified. tion will contain in its final report a Abraham Frist McCain The amendment (No. 183), as modi- statement of whether the committee Ashcroft Gorton McConnell fied, is as follows: chose to allocate the money in a rela- Baucus Gramm Murkowski On page 16, between lines 7 and 8, insert tionship to where the need was. They Bennett Grams Nickles the following: might indicate that they did not do so Bond Grassley Nunn ‘‘(iii) if funded in whole or in part, a state- Brown Gregg Packwood because of a deficiency of data upon ment of whether and how the committee has Burns Hatch Pressler which to make that judgment, or be- created a mechanism to allocate the funding Chafee Hatfield Roth cause they felt that the Congressional Coats Helms Santorum in a manner that is reasonably consistent Cochran Hutchison Shelby with the expected direct costs among and be- Budget Office’s assessment of the locus Cohen Inhofe Smith tween the respective levels of state, local, of the need was irrational and, there- Coverdell Jeffords Snowe and tribal government. fore, for good and sufficient reasons, Craig Kassebaum Stevens D’Amato Kempthorne Thomas Mr. GRAHAM. I ask unanimous con- adopted a different approach. Or should DeWine Kerrey Thompson sent that there be 10 minutes of debate, they have adopted the approach which Dole Kyl Thurmond equally divided, on the amendment. the Congressional Budget Office uti- Domenici Lott Warner Exon Lugar The PRESIDING OFFICER. Is there lized, how the committee has created a Faircloth Mack objection? mechanism to allocate the funding in a January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1519 manner which is reasonably consistent of unfunded mandates. Virginia’s fi- cost of hot mix asphalt in Virginia is with the expected direct cost among nance committee staff conducted a re- about $27 per ton; the mandate to use and between the respective levels of view on Federal mandates and the bur- crumb rubber will elevate the cost to State, local, and tribal government. dens they exact. I would like to share approximately $55 per ton. And, while So, in summary, Mr. President, the some of those findings with my col- the requirement will use only 4 percent purpose of this amendment is to link leagues today. of the waste tires generated in Vir- the mandate and the cost of that man- While Federal mandates are in gen- ginia, it will impose an annual cost of date to the method by which Federal eral the result of well-intentioned con- $6 million. funds will be allocated. I fear that if we gressional action, State governments In addition to must do, no Federal do not have that linkage, we are going are all too often left holding the bag. funds, the infamous unfunded man- to end up with a school district—to use Virginia views the pervasive Federal dates, there are may do, must match my first analogy—which had a man- influence on its budget as a two-edged and may do, must maintain programs, date that costs that school district a sword: Federal restrictions on the use including education and health-related million dollars, but because funds were of funds hamstring the Common- programs such vocational training, not distributed in a manner consistent wealth’s ability to determine spending substance abuse and mental health with how the need was assessed, they priorities or respond to changing eco- block grants. These problems are large- might only receive a fraction of that nomic conditions. ly voluntary, but Virginia participates million dollars. So while we can say we In the Commonwealth of Virginia, at wherever it can. funded the mandate on a global basis, least 20 percent of the State budget is Finally we have may do, no match, as it relates to that school district, either driven, defined, or constrained which are largely grants—but Federal they are still carrying a heavy burden by Federal laws, regulations, or Fed- funds used for these programs may not of an unfunded mandate. eral agency decisions. And, bear in supplant general funds provided for I yield the remainder of my time. mind, this is a conservative estimate— similar purposes. Mr. KEMPTHORNE. Mr. President, I it does not take into account the im- And it is important to note that, un- commend the Senator from Florida for pact of laws for which no systematic like the Federal Government, Virginia his comments and for his diligence in survey has been done. has no choice but to balance its budget. working through the amendment which Let’s take a look at the ways in Congressional good will and benevo- he has offered. I think his experience which the Federal Government impacts lence often translates into unexpected both as a former Governor and as a the Commonwealth of Virginia’s abil- and unfunded burdens. Senator has been very helpful in get- ity to set budget priorities. Two areas in which Virginia is con- ting to this point. Recently, the Virginia Department of stantly challenged are education and On behalf of our side, I certainly will Environmental Quality estimated that health care. accept this amendment. it will cost local governments at least The Education for All Handicapped Mr. GLENN. Mr. President, I, too, $1.8 billion over the next 20 years to Children Act, passed in 1974 to main- want to accept on behalf of our side build the waste management facilities stream special education students in this amendment. I think the Senator that comply with Federal require- public schools, was a vastly ambitious from Florida has made a very good ments. In addition to solid waste, the undertaking. Congress committed it- point here. He is fleshing out some of department has estimated that local self to providing 40 percent of total the things that needed to be spelled out governments will need at least $4.2 bil- program cost. In reality, during fiscal better in this language. I compliment lion over the same period to construct year 1993, the Federal Government pro- him on that. One of the things we want new facilities or upgrade existing ones vided less than 8 percent of the funding to make certain is that this is a work- to satisfy the requirements of the necessary to fully meet the mandate. able document when it passes. He is ad- Clean Water Act. And that’s not the The jointly funded Medicaid Program dressing that problem. So we are happy end of the crunch. The Safe Drinking presents a particular dilemma for my to accept this on our side. Water Act will cost localities some $2 State. Because of the relative affluence The PRESIDING OFFICER. The billion by the year 2000. Together, of Virginia, the Commonwealth must question is on agreeing to the amend- those mandates will demand approxi- provide 50 percent of program costs. ment. mately $700 million per year from local But Congress determines minimum eli- The amendment (No. 183), as modi- governments. gibility standards for Medicaid recipi- fied, was agreed to. In Virginia, the greater Lynchburg ents, as well as the level of required Mr. KEMPTHORNE. Mr. President, I area has a population of 165,000. Stud- service. While certainly well inten- move to reconsider the vote by which ies conducted by the Virginia Depart- tioned, congressional expansion of the amendment was agreed to. ment of Environmental Quality indi- Medicaid is projected to cost Virginia Mr. GLENN. I move to lay that mo- cated that the combined sewer over- more than $300 million over the next 2 tion on the table. flow requirements of the Clean Water years alone. The motion to lay on the table was Act for this area will cost an estimated Virginia must also foot 50 percent of agreed to. $200 million. The city of Richmond is the bill for Aid to Families with De- Mr. WARNER. Mr. President, I am similarly impacted. pendent Children [AFDC], and State pleased to rise as an original cosponsor According to a recent survey con- costs should be close to $115 million per of S. 1, the Unfunded Mandate Reform ducted by the Virginia Municipal year over the 1994–96 biennium. Act of 1995. As a long-time supporter League of Cities, the city of Danville, Unfortunately, the Federal Govern- and cosponsor of related legislation in population 55,000, will be required to ment continually uses its own fiscal the previous session of Congress, I wel- spend an estimated $1,058,000 to comply problems to impose additional man- come the leadership of the majority with the Safe Drinking Water Act for dates on the States. There seem to be leader, Senator DOLE, and the bill’s fiscal year 1995. Included in that esti- few, if any, incentives for Congress to very able manager, Senator mate are monitoring costs, capital halt the trend: mandates are almost KEMPTHORNE, for bringing S. 1 before costs, and operation and maintenance magical, allowing Congress to fund the Senate so expeditiously. costs for surface water treatment, lead costly programs without raising taxes In addition to unduly burdening our and copper regulation, the total coli- or cutting other services. local governments, Congress, in its Big form rule, the fluoride rule, and stand- Federal mandates continue to pro- Brother role, often ignores States’ ards under the national primary drink- liferate. In the 102d Congress, 15 bills rights in determining what is best for ing water regulations. were passed with mandates; the 103d the States. It also demands that the ISTEA, section 1038 imposes a man- had over 100 bills which include such States figure out how to pay for those date to use waste tires—crumb rub- edicts. unwanted mandates. ber—in hot mix asphalt [HMA] and it Several new mandates loom. For ex- In the last Congress, officials in my will require Virginia to use approxi- ample, the Motor-Voter Act, which is own State of Virginia made a clear mately 4 million pounds of crumb rub- expected to cost over $100 million in case concerning the enormous burden ber in 1997 and beyond. The average the next 5 years nationwide. I opposed S 1520 CONGRESSIONAL RECORD — SENATE January 25, 1995 the National Registration Act of 1993 the community; for the region; and for exempts national security. It exempts and have cosponsored S. 91, to delay its the country. emergency relief. These things are crit- implementation and put the brakes on As many of our colleagues know, ical to the national well-being, and a project for which there is no money there is a process underway at Han- therefore kept out of S. 1. in the pot. ford—and many other DOE facilities— Why not add to this list our most se- Recognizing the unbearable burdens that governs the cleanup schedule. In rious environmental challenges? It imposed by unfunded mandates is not Washington State, that process is em- would seem to me a sensible pre- enough. We must take steps to require bodied in the tri-party agreement be- caution. the Federal Government to either tween DOE, the State, and EPA. As a Mr. President, yesterday, the Sen- shoulder its share of the burden or re- coordinating tool, this agreement ator from New Mexico [Senator BINGA- lieve the States from theirs. The meas- works pretty well. It ensures everyone MAN] offered an amendment very simi- ure before us seeks to accomplish this has a seat at the table. It sets cleanup lar to mine. I want to thank him and by requiring either full funding for goals. It emphasizes economic transi- commend him for bringing this very costly new mandates or scaling them tion for the community. It gives people important issue to our colleagues’ at- down commensurate with the level of in my State access to DOE tention. He knows a tremendous available resources. decisionmakers. amount about these issues. This is reasonable, rational policy In reality, there are no unfunded Unfortunately, the Senate defeated which will not only be welcomed by the mandates at Hanford. It is safe to say his amendment, in spite of the very State and local governments—it will my State issues—and enforces—the strong arguments he made. It is clear, also provide Congress with a better, largest hazardous waste permit in the therefore, my amendment will prob- more structured framework in which to world using voluntary authority under ably meet a similar fate. design new laws. RCRA. For these activities, the State I was disappointed to see the result Mr. President, I urge my colleagues levies a tax on low-level waste produc- of last night’s vote on Senator BINGA- to give S. 1 the broadest possible sup- ers. For its responsibilities under the MAN’s amendment. He was raising very port and move the bill towards final Superfund law, Washington receives di- real questions about important, sen- passage. rect funding from DOE. sitive, high-risk areas of Federal law. AMENDMENTS NOS. 187 AND 188 But these laws—RCRA, CERCLA, Both his amendment and mine point Mrs. MURRAY. Mr. President, I ask Federal Facilities Compliance Act, and out the potential uncertainties in im- unanimous consent to proceed en bloc others—do contain some mandates. posing an arbitrary new set of debating to amendments numbered 187 and 188. And some day, Congress must act to re- rules on the U.S. Senate. The PRESIDING OFFICER. Without authorize them. What happens if we re- At the very least, I am hoping the objection, it is so ordered. authorize RCRA? If S. 1 is enacted, managers of this bill can provide some The clerk will report. even the most modest changes in cur- clarification of their intentions vis-a- The assistant legislative clerk read rent law could unravel the triparty vis defense waste cleanup. I will pose as follows: agreement. As I understand it, this these questions, and then yield the The Senator from Washington [Mrs. MUR- would be possible because the occupant floor in hopes of getting some answers RAY] proposes amendments en bloc numbered of the chair—or some bureaucrat at that will allay the concerns of people 187 and 188. CBO—would have the power to: in my State. Mrs. MURRAY. Mr. President, I ask Bring Senate action to a halt over a First, do the managers intend that S. unanimous consent that reading of the point of order; and 1 have any adverse effects on DOE amendments be dispensed with. Force all kinds of studies and delay waste cleanup efforts, and the ability The PRESIDING OFFICER. Without that would only confuse the cleanup of affected States and communities to objection, it is so ordered. situation. participate therein? (The text of the amendments are What would happen if CBO interven- Second, do the managers con- printed in the RECORD of January 24, tion stalled consideration of the reau- template that S. 1 will lead to the 1995, under ‘‘Amendments Submitted.’’) thorization, and the law lapsed? Would change, repeal, or substantive alter- Mrs. MURRAY. Mr. President, I rise the Hanford permit expire, and the ation of any current law that enables this afternoon to discuss amendments I cleanup stall? DOE cleanup to move forward? have filed on S. 1. I came to the floor The people of Washington State do Finally, do the managers believe that last week to raise questions about the not want some unelected CBO bureau- consideration of current or prospective possible unintended consequences of crat arbitrarily deciding the pace of mandates pending on the Senate floor this bill. I am not certain all my con- Hanford cleanup in the context of a should delay consideration provisions cerns have been addressed, so I want to budget point-of-order on the Senate in the same bills affecting DOE waste talk about them a little more today. floor. cleanup programs? My first amendment proposes that My amendment is simple. It exempts I assume no such onerous con- nuclear waste cleanup by the Depart- nuclear waste cleanup from the proce- sequences are intended by the man- ment of Energy be exempted from S. 1. dures in S. 1, from points-of-order, agers. But I do not see it written any- I filed this amendment because I am from CBO review, and from any proce- where, and I would like to have verbal very concerned about the implications dural wrangling that might jeopardize clarification of those issues. of this bill for cleanup of former weap- the orderly process of cleanup—for any Mr. President, I will conclude by say- ons facilities that now pose environ- reason. When we act to reauthorize ing the basic idea of S. 1 is good: That mental cleanup challenges. RCRA, I want to be able to tell people the Federal Government ought to help Mr. President, Hanford Nuclear Res- in Washington State that we will have make Federal laws easier and less cost- ervation is in my State. It has nine a law on the books to support cleanup. ly to implement. I support this basic shut-down reactors on the Columbia When we push through a reconcili- idea, and I want to work with the man- River. It has four processing plants. It ation, or an appropriations bill, I want agers to pass a good bill. But, like so has 177 nuclear waste tanks, 45 of my constituents to know their inter- many other broad-brush solutions we which may be leaking. It has numerous ests will not fall victim to vagaries in are hearing about these days, it is not waste dumps scattered around the fa- new Senate debating procedures. as simple as it sounds. I look forward cility. Of all our pollution problems, I offered this amendment for one to hearing the answer to those ques- nuclear weapons plants like Hanford simple reason: Some things are too im- tions and I reserve the remainder of my pose the greatest dangers to the envi- portant to subject to a new set of de- time. ronment. They have the greatest po- bating rules that we do not know will Mr. DOMENICI addressed the Chair. tential threats to human health and function as ordered. The bill acknowl- The PRESIDING OFFICER. The Sen- safety. edges this in section 4, where it ex- ator from New Mexico. Mr. President, we won the cold war cludes a series of critically important Mr. DOMENICI. Mr. President, I will at this site. Now the bill is due; clean- areas of Federal law. It exempts civil not speak for the managers in response ing up Hanford is serious business. For rights and nondiscrimination laws. It to the questions the Senator asks, but January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1521 I might ask her to clarify a little fur- No, I have no intention, whatever, one of if not the very largest problem ther for me why anything has to be ex- that this would have any adverse af- areas we have in the way of nuclear empted here. We have an agreement, is fects on DOE waste cleanup. cleanup. I have been involved with that that not right, that exists now? I say that, Mr. President, as a resolu- ever since 1985 when we started some of The PRESIDING OFFICER. Who tion of the State of Idaho, which also the studies at Fernald in Ohio, some of yields time? has significant DOE waste cleanup the difficulties in the nuclear weapons Mr. DOMENICI. I think the manager problems. So I would not be an advo- plants all over the country and wound yielded me time. I apologize. cate that in any way would adversely up with some 17 different sites in 11 dif- Mr. KEMPTHORNE. Mr. President, I affect DOE getting on with the cleanup ferent States of which Hanford is one yield 5 minutes to the Senator from of Hanford, for example, or projects in of the most important sites. It has New Mexico. the State of Idaho. more problems there for environmental Mr. DOMENICI. Maybe the Senator The second question that was asked, restoration than almost any other site could explain to me, if you have an do you contemplate that Senate bill 1 in the country. Many, many, billions of agreement out there now, how do you will lead to the change, repeal or sub- dollars. see this bill affecting that agreement? stantial alteration of current law that I would only add since the cleanup ef- There is nothing in this bill that says enables DOE cleanup to move forward? fort was mentioned here, when we first this bill calls the agreement to be viti- No, Senate bill 1 will not lead to that. started this back in 1985 and had the ated, canceled, or changed. Senate bill 1 is simply a process. It first surveys run of all the 17 sites all Mrs. MURRAY. I thank the Senator would be a different motivation. Sen- over the country, it was indicated by for his question. My question to the ate bill 1 also is prospective so that the Department of Energy that they managers on this bill is if they see any- those mandates that are on the books thought we could probably clean these thing in this bill that would cause con- now, even under reauthorization, those up at an expenditure of $8 billion to $12 sideration for us and we do have to re- that are currently on the books would billion. authorize RCRA, CERCLA, other bills not come under the process of Senate Unfortunately, we have taken a new coming up in the future, if at that time bill 1. Any changes to that, to those look at this whole thing. It has gone up a bill has both mandates in it and non- mandates, yes, they potentially would and up and up, and the current esti- mandates in it and the mandates cause be subject to Senate bill 1 and then we mate is right around $300 billion over a the bill to be stalled in any way be- would have to go through the process. 20- to 30-year period to do the cleanup cause we are waiting for something But, no, S. 1 would not be the impetus that is necessary. And the major place back from CBO, how will this affect to cause that to happen. that will need cleanup is in the State cleanup efforts such as exist in my On the third point, I am not sure that of Washington at Hanford. I com- State and others? I understand it so I would be more than pliment the Senator for looking out for Mr. DOMENICI. Well, they exist in happy to have our respective staffs get this and would not want to do anything my State also at a different level. together and discuss that. Again, I un- that would mean we would have lesser But I would just say to the managers derstand your concerns with the Han- expenditures or anything in that legis- of the bill and in particular the man- ford facility. I have concerns with lation would change the agreements ager on our side of the bill, but I have similar situations in the State of that are in existence now between the spoken with Senator GLENN also, it Idaho. Federal Government, State, and local seems to me we cannot say that any I yield to my colleague from Ohio 2 governments in that area. agreement predicated upon the laws of minutes. I think, that we have addressed in RCRA or any other environmental Mr. GLENN. Mr. President, I would this colloquy the concerns that the laws, that if those are changed in the respond in much the same way. There Senator from Washington had. I yield future, we will hold anything exempt was this in here, nothing in S. 1, that the floor. from it. That is future activities, to fu- gives anyone any authority to go Mrs. MURRAY. Mr. President, I ture agreements and understandings, change any agreement that is in affect. thank the managers of the bill for their but if RCRA is deemed to need reau- It could not be interpreted that way to responses to these questions and for thorization, we surely could not pre- the best of my knowledge. their obvious concern for continuing dict for the State of Washington, the In the amendment that was proposed cleanup at the Hanford site in my State of Oregon, the State of New Mex- by the Senator, the provisions of this State. It is, indeed, a deep concern to ico, many States that have DOD and act and the provisions made in this act the people of the State of Washington DOE cleanup based on standards, we shall not apply to any agreement be- that we do this. We built this facility, cannot say it will not have any effect tween the Federal Government, State used it for a national purpose, and we on those. That is my position. and local tribal for the environment want to be assured that it is going to I hope the managers would say we restoration and waste management. continue to be cleaned up and share are not exempting anything yet under Nothing in here could change, noth- your concerns about the costs. But we this agreement or this bill. I do not ing does change, nor could it change want to know that we are not going to think we should exempt things we do any agreement that is in effect right be at some point unable to continue not even understand. I leave that up to now. I hope that takes care of con- that cleanup. I appreciate your con- the managers. I would surely rec- cerns. cerns. ommend we not accept the amendment, The cleanup efforts which the Sen- I understand the managers are will- and if the Senator desires that we have ator from Idaho mentioned just a mo- ing to prepare a colloquy for the record a clear exception for her State, that ment ago, that it would not affect to respond to my questions, to protect she work with the managers in some cleanup efforts, is a little bit different cleanup at Hanford. I will be prepared other way, but not exempt entire situa- than the agreements that were specifi- to withdraw this amendment after I tions such as this, that we do not un- cally addressed. Cleanup efforts are speak to my other amendment. derstand. We do not know the con- something that are going on under Mr. KEMPTHORNE. Mr. President, I sequences of changing RCRA on your those agreements, slightly different. would yield myself 1 minute. In re- State or any other State. I yield back But this would not change either the sponding to my friend from Washing- the remaining time. level of cleanup efforts that are pro- ton, not only are we neighboring Mr. KEMPTHORNE. Mr. President, I vided for by other budgeting and other States, but the concerns that the Sen- yield myself 4 minutes. laws, nor would it change any agree- ator just expressed, again, echo many Mr. President, I would like to re- ments between the Federal Govern- of the concerns that we in Idaho have. spond to the questions that were posed. ment, State, local, or tribal govern- I think on this nuclear issue in the Do the managers intend that Senate ments which the Senator is addressing. future, nuclear waste, et cetera, there bill 1 have adverse effects on DOE I want to compliment the Senator for ought to be an opportunity for these waste cleanup efforts and the ability of looking at this. I know the problems in Senators to begin to forge a partner- affected States to participate therein? the State of Washington. Hanford is ship to deal with this issue. So I would S 1522 CONGRESSIONAL RECORD — SENATE January 25, 1995 look forward to that opportunity be- requests. I asked the Director how he amendment of yours which deals with a cause I think we understand one an- would decide which mandate to esti- public health emergency.’’ other. mate first. His reply, frankly, troubled I do believe we need reform. I believe Mrs. MURRAY. Mr. President, I me. He said the CBO would rely on the Congress should be honest and up front thank the Senator from Idaho, and I guidance of the bipartisan leadership of with the American taxpayers about the look forward to working with the Sen- the Congress to decide which one to do cost of the laws it passes. But I do not ator on this very important issue. first. And then he added that the CBO believe that we should be creating new Mr. President, I will continue speak- has tried that approach with the health bureaucracies or putting American ing to my second amendment, I want care debate last year, and it was a fail- families in jeopardy. to be assured as we go through this de- ure. That should concern every one of Mr. President, it is my hope that the bate that we will not be creating a big, us in this country. Levin amendment will go far in ad- new, powerful bureaucracy at the Con- Dr. Reischauer’s response has raised dressing some of the concerns I have gressional Budget Office. Mr. Presi- even more questions in my mind, ques- raised, but I also hope that we are all dent, I believe that most of my con- tions like: If I offer an amendment that taking into account this new bureauc- cerns were addressed through the adop- does not have a CBO cost statement, racy that will emerge as a result of tion of the Levin amendment and what happens? this legislation. through the defeat of the committee If a point of order is raised against I thank the Chair, and I reserve the amendment that would have severely my amendment, is my understanding remainder of my time. curtailed the Budget Committee’s role correct that the procedure is for the Mr. KEMPTHORNE addressed the in this process. Parliamentarian immediately to seek Chair. In order to make sure that all my the advice of the Budget Committee on The PRESIDING OFFICER. The Sen- concerns have been thoroughly under- the cost statement? ator from Idaho. stood, I do want to make a statement Am I further correct that the Budget Mr. KEMPTHORNE. Mr. President, now about what those concerns are. Committee will turn to CBO for its ad- how much time do I have remaining? Mr. President, I am troubled by the vice on the cost estimate? The PRESIDING OFFICER. Six min- fact that S. 1 might give CBO tremen- Of particular importance to me is dous new powers to dictate the Sen- what sort of timeframe is provided for utes remaining. ate’s legislative agenda. I have listened these cost statements? Mr. KEMPTHORNE. Mr. President, I very carefully to the debate on this bill Does the bill provide for any time would like to respond to some of the and I think it is fair to say that we all limits on the Budget Committee and points raised by the Senator from agree it is our responsibility, our re- CBO’s preparation of cost statements? Washington. sponsibility as legislators, to act care- If the bill does not impose any time In this bill, we provide for additional fully as we set policy for the people we limits on the Budget Committee and, funds to the Congressional Budget Of- represent. more importantly, CBO, what does the fice, knowing that we are giving them I would like to support a bill on un- manager envision as reasonable time more assignments in the future to funded mandates that is reasonable and limits for this work? carry out. reflects common sense. Mr. President, How long does the manager envision Also, I will point out that the Com- before the adoption of the Levin the process taking? mission that dealt with the staffing amendment and several others, this How long, for example, does the levels of the different committees that bill went too far. The people of this Budget Committee have to get a reply was headed by Senator DOMENICI and country should understand exactly from CBO? Senator MACK, at the very outset, we what this bill does. Everyone of us here How long does CBO have to reply? made sure that they knew there would in this Chamber, everyone of the people More importantly, what happens be these new requirements on the Con- in the galleries, everyone watching us while the Budget Committee and CBO gressional Budget Office and, therefore, on C-Span, and everyone in this coun- are trying to prepare a cost statement? when they considered cuts across the try has to realize that this bill will cre- Is my amendment laid aside? For how board, that that is one area we had ate a new bureaucracy at the Congres- long? Does the Senate keep working on flagged for them. sional Budget Office. It will have wide- underlying bills? If so, for how long? Also, in determining the amount of ranging powers. Mr. President, I want to be able to money that we included in this legisla- The staff of that huge new bureauc- assure my friends and neighbors that tion, that was done through the Budget racy will not be elected by anyone. this bill will not take away their voice Committee in continual consultation They will not be accountable to the in setting priorities of the issues this with the Congressional Budget Office, American taxpayers but they will have body considers. They do not want so they provided us the funds. That enormous power to control this legisla- unelected bureaucrats to determine dollar amount came from the Congres- tive process. They can bring Senate de- which bills or which amendments will sional Budget Office as to what they bate to a halt on amendments or a bill be brought up on this floor. felt was necessary in order to accom- or even dictate legislative schedule. For example, the people of my State plish the requests and the require- This vast new power should give ev- may feel that education reform should ments that we would put on them. eryone of us pause. That is why I asked be Congress’ top priority. But if the I appreciate the concern and the as- outgoing CBO Director Robert CBO analysts over in the office do not pect about trying to bring about great Reischauer about this this morning at work on that bill, if they do not score efficiency for Congress, but I am afraid the hearing in the Budget Committee. it, Congress cannot consider it. The that the amendment offered may im- Dr. Reischauer is a fair man, a fine people of my State or your State, Mr. prove the efficiency, but it would make public servant. So I asked him how this President, might want Congress to con- it much easier for Congress to go ahead bill will affect the operations of CBO. I sider safeguards for school buses so and inadvertently impose mandates on asked him how the CBO would they know their kids are safe riding on States and cities. prioritize requests for cost estimates those buses to school everyday. But the The amendment says that if cost es- that will come from the Senate and bureaucrats at CBO might say, timates are not available within 1 week from the other body. Dr. Reischauer re- ‘‘Tough, I’m too busy; I don’t want to for committee bills, the point of order sponded that the Congressional Budget score the bill for’’—this Senator or does not lie against the bill. In other Office staff was working ‘‘flat out’’— that Senator. I have not gotten any words, delay for whatever reason by those are his words, not mine—trying guidance on that one. CBO will moot the relief States and to fulfill their obligations to the Con- The people of my State want to know cities need from unfunded Federal gress at this point. that no matter where they go in this mandates. If CBO needs time to do a Dr. Reischauer said that the CBO country, they do not have to worry good estimate, then there would be no would need more resources if we enact about E. coli, but the budget bureau- estimate at all. this bill. Then, Mr. President, I re- crats can say, ‘‘Sorry, Senator MUR- I think in this case it is better to in- peated my question about prioritizing RAY, we don’t have time to score that convenience Congress than to impose January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1523 mandates on States and cities that tax- ond-degree amendment is out of telling everybody up front that we are payers must pay. order.’’ going to ask for $4.5 million more for Mr. President, I reserve the remain- I am just wondering whether or not, CBO just under a guess estimate of der of my time, because the chairman if a point of order is raised with that what this might have in the way of an of the Budget Committee was here and second-degree amendment, is it the in- impact on CBO, and I do think that is was going to respond to some of the tention of the managers then that the an important consideration we need to specifics that the Senator had. He is body hold up consideration of that sec- look at. not here at the moment. So, again, we ond-degree amendment until an esti- I appreciate the Senator’s response reserve the remainder of our time. mate could be obtained from the CBO? that you would go into a colloquy with Mr. LEVIN. Mr. President, I am won- Mr. KEMPTHORNE. Mr. President, me and answer some of the questions dering if the manager will yield for a again— raised both by myself and Senator question. I am afraid it will have to be The PRESIDING OFFICER. The time LEVIN. I had intended to withdraw this on his time because I do not know if I for the Senator from Idaho has expired. amendment, but I would like to instead can use the time of the Senator from Mr. KEMPTHORNE. Mr. President, I ask the manager—I intend to withdraw Ohio, relative to this amendment. If ask unanimous consent for 2 minutes my first amendment—if he would agree the Senator will yield. so I can complete the thought. to let me lay aside this amendment Mr. KEMPTHORNE. Yes, I yield. Mrs. MURRAY. Mr. President, how until we have the responses for my Mr. LEVIN. Is it the intention, first much time do I have remaining? questions. of all, that the point of order apply to The PRESIDING OFFICER. Two Mr. KEMPTHORNE. Mr. President, I amendments that are on the floor that minutes. have no problem with that. do not have the estimate? Mrs. MURRAY. May I suggest we add Mrs. MURRAY. Mr. President, I ask Mr. KEMPTHORNE. I am sorry; will 10 minutes for debate, 5 on each side, in unanimous consent then to lay aside you repeat the question? order to clarify this question? amendment No. 188 and unanimous Mr. LEVIN. Is it the intention that Mr. KEMPTHORNE. Mr. President, consent to withdraw amendment No. this bill’s point of order apply to what I would prefer—and first let me 187. amendments that do not contain the ask unanimous consent for 2 minutes estimates? so we can resolve this. The PRESIDING OFFICER. Without Mr. KEMPTHORNE. With regard to The PRESIDING OFFICER. Is there objection, it is so ordered. mandates? objection? Without objection, it is so The amendment (No. 187) was with- Mr. LEVIN. Yes. ordered. drawn. Mr. KEMPTHORNE. Yes. Mr. KEMPTHORNE. What I will sug- Mr. KEMPTHORNE. Mr. President, I Mr. LEVIN. And is it the intention gest, because I would like to confer suggest the absence of a quorum. then, for instance, if somebody offers with the chairman of the Budget Com- The PRESIDING OFFICER (Mr. an amendment and it has an estimate mittee, if the Senator will provide me ASHCROFT). The clerk will call the roll. in it but nobody knew that amendment those questions that she raised, I will The bill clerk proceeded to call the was going to be offered, and then some- be happy to then have a colloquy so we roll. body wants to come and offer a second- can go into those and deal with it. Mr. EXON. Mr. President, I ask unan- degree amendment and then asks the But what we are doing in S. 1 is not imous consent that the order for the CBO to score that or estimate the sec- anything new from what we do with ap- quorum call be rescinded. ond-degree amendment, is it the inten- propriations where, if you have a sec- The PRESIDING OFFICER. Without tion of the manager that the Congress, ond-degree amendment, you have the objection, it is so ordered. as he put it, be inconvenienced, hold up Budget Committee staff that is here Mr. EXON. Mr. President, as we move consideration of the bill until the esti- make a telephone call to try to get an forward on the mandates legislation, I mate can be obtained from CBO? Is estimate by phone from the Congres- would like to read a portion of a news- that the intention, that we hold up sional Budget Office. paper article that appeared in the consideration of the bill until an esti- So again the process itself is not new Omaha World Herald on January 24. mate can be obtained from CBO? that we are suggesting. The headline reads: ‘‘States Fear Man- Mr. KEMPTHORNE. Mr. President, Mr. LEVIN. I have no time to yield dates, Expert Says; Balanced Budget in response to that, the burden of proof to myself and comment on that other Could Mean More,’’ by David C. Beeder, in this case would be upon the Senator than to simply say that this is a new of the Omaha World Herald Bureau in raising the point of order. The origina- estimate, the likes of which has not Washington, DC. tor of the amendment is not required been made before, involving costs in- The story reads: to get the CBO estimate. I think that definitely into the future on 87,000 States will not support a constitutional it would be good government for any- local governments. That is very dif- amendment to balance the Federal budget one bringing an amendment that po- ferent from any kind of a scoring that unless it includes a guarantee they won’t tentially could exceed the $50 million the Budget Office has done for a Fed- have to assume more Federal programs, a threshold in the public sector and $200 eral expenditure up to now. I think my former assistant attorney general said on million threshold in the private sector, friend from Idaho would agree this is a Monday. again, through the budget process. I different kind of estimate than has Charles Cooper, who practices know that has been the normal prac- ever been done by the Budget Commit- consitutional law in Washington, said: tice. tee. ‘‘The States are already groaning Mr. LEVIN. I say, if the Senator will Mrs. MURRAY addressed the Chair. under the cost of implementing Fed- yield, there has never been a point of Mr. LEVIN. I thank my friend. eral policies.’’ order based on this kind of an esti- The PRESIDING OFFICER. The Sen- It goes on to say: mate, costs on 87,000 jurisdictions, ator from Washington has 2 minutes Cooper, who served in the Justice Depart- local governments. There is nothing remaining. ment during the Reagan administration, said like this in existence. That is why I Mrs. MURRAY. I thank the Chair. he supports a balanced budget amendment. phrased my question the way I did. I have very serious concerns because I ask unanimous consent that, at the Somebody could offer a first-degree I heard my colleague from Idaho, the conclusion of my remarks, Mr. Presi- amendment and have an estimate be- manager of the bill, say that CBO had, dent, the full article be printed in the cause he or she knew they were going indeed, requested, I believe, $4.5 mil- RECORD. to offer a first-degree amendment, but lion additional to take care of this bill. The PRESIDING OFFICER. Without nobody else in the body knew, and now It is my understanding—I see the objection, it is so ordered. with a first-degree amendment with an chairman of the Appropriations Com- (See exhibit 1.) estimate being offered, somebody may mittee is in the Chamber; perhaps he Mr. EXON. Mr. President, I would say, ‘‘Well, wait a minute; I want to can respond—that the legislative simply point out that I am not sure offer a second-degree amendment, and I branch is going to have to reduce its that the States, the Governors or, for better go get an estimate or my sec- budget by $200 million, and here we are that matter, maybe some of the people S 1524 CONGRESSIONAL RECORD — SENATE January 25, 1995 in the United States recognize and re- dates. Those of us who have long sup- Cooper’s testimony was followed by a alize the difficult financial cir- ported a constitutional amendment on warning from Assistant Attorney General cumstances that the Federal Govern- the Federal budget recognize and real- Walter Dellinger, who said a constitutional ment—that they are a part of—is in. ize that there are two legitimate points amendment to balance the budget could not be forced. I am an original cosponsor and am of view. There are those who strongly ‘‘It would be wonderful if we could simply strongly for passing the mandates bill. oppose the mandate legislation and declare by constitutional amendment that I have been one of the floor leaders on there will be even more that will from this day forward the air would be clean, this piece of legislation. I predict that strongly oppose the follow-on piece of the streets would be free of drugs and the we will pass this legislation. I will pro- legislation known as the constitutional budget forever in balance,’’ Dellinger said. tect the rights of those who wish to amendment to balance the budget. ‘‘In the absence of enforcement mecha- offer amendments. I think they have I think those who do not agree with nisms such as presidential impoundment of that right under the rules of the Sen- this Senator perform a very worth- funds or judicial involvement in the budget- ate, and I will do everything I can to ing process, a balanced budget amendment is while service, because, as is usual with unlikely to bring about a balanced budget,’’ protect that. most discussion and most propositions, Dellinger said. But I would simply say, on a very im- there are two sides. All is not white Sen. Connie Mack, R-Fla, said Dellinger’s portant bill like this, every Senator, and all is not black or vice versa. arguments were not ‘‘of such magnitude that regardless of which side of the aisle, With that, Mr. President, I just want we should not move forward’’ with an should have the right to get up and to say that there are some people, in- amendment that would require a balanced offer amendments as they see fit. Then cluding Mr. Cooper who I have quoted budget by 2002 and a three-fifths vote to in- the body as a whole has to vote as to from this story, who simply do not un- crease taxes. Mack said he would recommend enforce- whether or not that is a good concept. derstand the situation. And when he The mandates bill is going to be fol- ment of the balanced budget amendment by says he is for a balanced budget amend- a spending-reduction commission resembling lowed, I suspect, in reasonably short ment so long as the States are pro- a presidential commission that decided on order by some kind of a discussion on tected, then that is a caveat that I military base closing two years ago. the balanced budget amendment. And think we cannot accept. If Congress did not balance the federal they are somewhat tied in. While the I still am a strong supporter of the budget by 2002, as required by the amend- States are now moaning and groan- bill before us, but I am pleased to see ment, the commission would recommend ing—and I think justifiably so—with there are some who do not agree with spending reductions to meet the require- ment. Congress would accept or reject the regard to so-called unfunded mandates, this piece of legislation and have point- unfunded mandates, unfortunately, recommendations without debate, Mack ed out some shortcomings with this said. have taken on a very big life of their legislation. They are providing a great Mr. SPECTER addressed the Chair. own. public service. I suspect that there The facts of the matter are that The PRESIDING OFFICER. The Sen- have been few, if any, bills that we ator from Pennsylvania. many of the States of the Union, in- have ever passed in the U.S. Senate, re- cluding my State of Nebraska, get Mr. SPECTER. Mr. President, I ask gardless of how well-sounding they are, unanimous consent that I may speak more money back from the Federal that are perfect legislation. The man- Government than the State of Ne- for up to 5 minutes as if in morning date legislation is not perfect legisla- business. braska pays in. The last figures I saw tion. It will not cure all of our ills. are that Nebraska gets back about $1.17 The PRESIDING OFFICER. Without When and if we pass a constitutional objection, it is so ordered. for every $1 that Nebraska citizens pay amendment to balance the budget by into the Federal Government in the the year 2002, and if that is ratified by f form of Federal taxes. 75 percent of the States, that is not Now, one could argue, and probably THE PRESIDENT’S STATE OF THE going to cure all of our problems. The UNION ADDRESS justifiably so, that the total amount of devil is definitely going to be in the de- taxes could be reduced if the Federal tails when we get down to such matters Mr. SPECTER. Mr. President, I note Government would go back and reduce as a constitutional amendment to bal- that there is no other Senator seeking some of their spending. And I would ance the budget. recognition at the moment. I would agree with that. That is what we are I thank the Chair and I yield the like to comment briefly about the about with the constitutional amend- floor. President’s State of the Union speech ment to balance the budget, when and last night. [EXHIBIT NO. 1] if that becomes a part of our Constitu- I thought that the President received [From the Omaha World Herald, Jan. 24, tion. 1995] the most applause of the evening when I simply am rising, Mr. President, to he talked about reducing the size of send a signal very loud and very clear STATES FEAR MANDATES, EXPERT SAYS Government. And I think if there is that this is not a one-way street. If we (By David C. Beeder) one message which has come out of last are going to exempt the States and WASHINGTON.—States will not support a November’s election it is that the peo- hold them harmless, if we are going to constitutional amendment to balance the ple of the United States want to reduce start down the list and begin to exempt federal budget unless it includes a guarantee the size of the Federal Government. they won’t have to assume more federal pro- a whole lot of other people, then it will grams, a former assistant attorney general That is right in line with the pending make it totally ‘‘Mission Impossible’’ said Monday. legislation which refers to eliminating to ever balance the Federal budget, let ‘‘The states are already groaning under the unfunded mandates so that if the Fed- alone by the year 2002. costs of implementing federal polices,’’ said eral Government has legislation which Everyone should recognize and real- Charles Cooper, who practices constitutional the Congress wants to pass and that it ize that, when we get spelled out in law in Washington. represents a worthy Federal objective, considerable detail a 7-year budget Cooper, testifying before the Joint Eco- let the Federal Government pay for it. plan that I think can and should be de- nomic Committee, said approval by three- Let us not keep putting one after an- fourths of the states will require a constitu- veloped by the Budget Committee and tional guarantee against giving state and other requirements on the States for presented to the Senate floor, it will be local governments programs without the the States to pay for what we decide very evident there is going to be a lot money of pay for them. what we want them to do. That, of of pain and suffering, a lot of dis- He said passing a law barring unfunded course, is in accordance with the basic appointments. And I would simply say mandates would be inadequate protection for principle of federalism that we should that, by and large, I am not interested the states. have a central Government of limited in starting down this road of exempt- ‘‘The requirements of a balanced budget powers. ing this and exempting that, because I amendment would increase exponentially When the President read that line in the incentives for shifting federal financial think this is going to be a painful burdens to the states,’’ Cooper said. his speech last night about smaller enough process. Cooper, who served in the Justice Depart- Government there seemed to be the Therefore, I salute those who are ment during the Reagan administration, said greatest unanimity in the Chamber bringing up questions about the man- he supports a balanced budget amendment. than there was on any other point. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1525 A number of things that the Presi- I thought was revealing and rather in- Mr. LEVIN. I thank the Senator from dent had to say I thought hard to dicative of the lack of experience, lack Arizona. My understanding is that the achieve. I believe it will be very dif- of capability, and, perhaps, lack of in- manager on this side supports the ficult when he talks about a tax cut terest that is coming out of the admin- amendment. I understand that Senator which is obviously, very, very popular, istration on this very important issue. BYRD is supportive of the amendment, to do so in the context of still cutting I think in toto, Mr. President, the and I would be happy to yield back any the deficit and in the context of in- most telling aspect of the speech last time that I might control. creasing other governmental expendi- night was the partisanship in the Mr. MCCAIN. I yield back the balance tures, as, for example, the defense Chamber. That was the 15th State of of my time. budget. I believe that the defense budg- the Union speech that I ever heard. I The PRESIDING OFFICER. All time et is now too lean. I would like to see have not seen so much partisanship is yielded back. The question is agree- a tax cut. But I am not prepared to with one side clapping virtually at ing to the amendment. enter into the competitive bidding on a every sentence and the other side in So the amendment, No. 198, was tax cut if it will mean adding to the stony silence on so many of the ideas agreed to. deficit. The way we are looking at this which were advanced. When I sense Mr. KEMPTHORNE. I move to recon- budget, realistically when we talk that kind of partisanship, it looks to sider the vote by which the amendment about a middle-income tax cut and we me like we are going to be in for a very was agreed to. figure how much it is on a per person tough year. I am hopeful that we will Mr. LEVIN. I move to lay that mo- basis, that it is more important to be able to put aside partisanship and tion on the table. avoid increasing the deficit in the really move toward centralism with The motion to lay on the table was United States today. both parties in addressing the really agreed to. tremendous problems which confront I was a little more than surprised Mr. KEMPTHORNE. Mr. President, I the people of this country: crime con- when the President talked about the want to thank the Senator from Ari- North Korean agreement and talked trol, nuclear proliferation, health care zona for his efforts and his diligence in about continuous inspections. That is reform, just some of the problems that. I think it is a particularly impor- not the agreement that I have read. which we have to address in the na- tant amendment that he has offered. I The agreement that I have read puts a tional interest. appreciate the manager on the other 5-year moratorium on inspections on I thank the Chair and I yield the side of the aisle and his support on spent fuel rods, which is the best way floor. this. for determining whether there is the f Mr. LEVIN. Mr. President, on Mon- development of nuclear weapons by day night I had a lengthy colloquy North Korea. I have grave reservations UNFUNDED MANDATE REFORM with the managers, the principal spon- about that agreement as to its sub- ACT sors of the bill, the Senators from stance, and that line particularly, and The Senate continued with the con- also the way it has been adopted. sideration of the bill. Idaho and Ohio. A number of important questions were left unanswered. In As I read that agreement it has all AMENDMENT NO. 198 the indications of a treaty, and under Mr. KEMPTHORNE. Mr. President, I some cases, the answers were con- the Constitution the treaty has to be ask unanimous consent that when the flicted. Those questions concern issues ratified by the U.S. Senate. There have Senate considers amendment numbered that are central to the way this bill been a number of concerns raised in a 198, that there be 20 minutes for debate will work. They need to be answered, I number of quarters but so far it is an to be equally divided in the usual form, believe, before we conclude our work executive agreement and it has very, that there be no second-degree amend- on this legislation. very profound implications for the ments in order, and that following the These are the questions which I have, United States. Now only $4 billion is conclusion or yielding back of time, and I have given a copy of these ques- involved and the United States is the the Senate vote on the McCain amend- tions to my friend from Idaho. I want guarantor of that, but the moratorium ment. to read them, put them in the RECORD, on inspections, I think, poses very, The PRESIDING OFFICER. Without in effect, and ask they be answered by very substantial risks. objection, it is so ordered. tomorrow at some point. I am not When we had hearings in the Intel- Mr. KEMPTHORNE. I yield the floor. seeking an answer, one-by-one at this ligence Committee, the Senate Intel- Mr. MCCAIN. Mr. President, I thank point, because they take some time, I ligence Committee, a committee which both my friend from Idaho and the Sen- would think, to attempt to answer, if, I Chair, I was very concerned when the ator from Michigan for their coopera- in fact, they can be answered. intelligence officials could not give any tion on this amendment. I believe it is Here are the ones that we had left assurances or any real ideas as to how an important amendment. I talked outstanding. First, the effective date of long it might be before North Korea about it at length yesterday, Mr. Presi- the mandates. When is a mandate ef- would have sufficient ballistic capabil- dent, and I know there is significant fective? That is an absolutely critical ity to reach the continent of the Unit- pending business before the Senate. I issue because that date sets off a 5-year ed States. In the course of that hear- believe we now still have about 30 more time period and if during any one of ing, it was disclosed that North Korea amendments to consider, so I would be those 5 years there is an estimate that could now reach Alaska. It was dis- more than happy to yield back the bal- the cost of the mandate is over $50 mil- closed further that North Korea and ance of my time if that is acceptable to lion, certain very significant things are Iran are working jointly on testing bal- both managers of the bill. triggered. listic missiles. Mr. President, I ask unanimous con- So it is critical to know when is a I was very much concerned, Mr. sent to request if the Senator from mandate effective, and we had a long President, about the very limited at- Michigan or the Senator from Idaho discussion on that on Monday night tention given in the President’s very have any further discussion on this with a chart. long speech, very limited attention amendment? If that is determined on a case-by- given to foreign policy. He spoke for 1 Mr. LEVIN. Mr. President, I wonder case basis, then who makes that deci- hour and 21 minutes, which some may if my friend from Arizona would yield sion and when is that decision made? have considered a little long. A little for a question. The second group of questions relates easier when you are watching C–SPAN Mr. MCCAIN. I would be glad to yield. to the question of whether an estimate 2 or watching the national networks. Mr. LEVIN. A question has arisen as can be given in the form of a range; You have greater control over the to whether the words ‘‘any legislative could an estimate be that that will length of speakers. You have the ‘‘off’’ provision’’ on line 7 of his amendment cost from $20 million to $80 million a button. Perhaps many people are using are intended to mean, in effect, author- year, or any other range? And here the it now on C–SPAN 2 as I make these izing language. questions are as follows: few comments. The paucity, the scar- Mr. MCCAIN. It clearly means any Can the CBO estimate be in the form city of comments about foreign policy authorizing language. of a range? S 1526 CONGRESSIONAL RECORD — SENATE January 25, 1995 Can it be in the form of a range for the amendment to State and local gov- not have this additional point of order the purpose of the threshold? ernments for as long as there are costs. with this appropriations aspect to it Can it be in the form of a range for Unless there is a sunset provision in that this year’s bill has. purposes of the total cost estimate? that authorization bill, those costs So, Mr. President, at the appropriate If the CBO reports a range, what is have no time limit. time, I will offer, when the majority is the ‘‘specific dollar amount’’ for pur- Then the CBO would be in the posi- ready, this amendment putting a 10- poses of the point of order? And who tion of trying to estimate cost to State year time limit on the estimate of the makes that decision? and local governments for decades, 50 CBO because I think that is a rel- Then there are a series of questions years, 100 years. It is an impossible atively practical length of time for that relate to amendments and their burden which will raise even greater which we can get an estimate. coverage under this bill. questions about the accuracy of the es- The modification that I will seek First, are the direct costs of an timate. An awful lot rides on these es- unanimous consent for on this is that amendment, added to a bill in commit- timates. The life or death of a bill or the 10-year limit on the estimate apply tee, to be included in the estimate of amendment may ride on the estimate. to both the private sector estimate as direct costs of the bill as reported? So I will be offering an amendment in well as the public sector estimate. I be- What if the Senate rejects the com- this area to put a limit of 10 years on lieve the way my amendment was writ- mittee amendment? For instance, let that estimate so we can get something, ten and filed, it only applied to the us say a bill is estimated to cost $30 hopefully, a little more practical from public sector estimate. We should seek million a year for each of the 5 fiscal the Congressional Budget Office. practicality and workability for both years, so it is not over the threshold. But those are the questions which I the private and public sector esti- But there is a committee amendment would appreciate having answers to to- mates. that has been adopted in committee morrow. They go right to the question I did not mean to rush the manager that adds another $30 million a year to of whether this is a workable piece of on the majority side. I know they may the bill. legislation. Its goals are very admira- not have had a chance yet to look at If the $30 million committee amend- ble. I supported its predecessor. There this, but whenever he is ready, I am ment is added to the $30 million cost to is a whole new point of order that has the bill that was taken up by commit- been added this year which is going to ready to offer this amendment. tee, that would put it over the $50 mil- create a real different situation on the Again, I also appreciate his engaging lion and breach the threshold and the floor relative to bills and amendments, in these colloquies on this bill. He is bill would not be in order to even be and we have to think through this performing a very important function considered by the Senate. But is the process in advance. by trying to clarify the legislative in- committee amendment cost to be in- We are putting tremendous burdens tent, and the questions which I have cluded in the cost of the bill before it on the CBO to suggest that they are read and which I will now submit to is adopted by the Senate? It is tech- going to be able to come up with esti- the desk are questions which I would nically not part of the bill until the mates in a matter of hours, perhaps appreciate your attempting to answer Senate adopts it, even though the com- minutes, on amendments, and some by tomorrow. mittee has adopted it. people say, ‘‘Well, if you know you are I thank the Chair, and I yield the If it is included in the bill, what hap- going to offer an amendment, get it to floor. pens if the Senate rejects the commit- the CBO a day before, 2 days before, 2 Mr. KEMPTHORNE addressed the tee amendment? weeks before.’’ Of course, some of these Chair. Is an amendment offered on the floor estimates can take months. The PRESIDING OFFICER (Mr. subject to a point of order based on the But there is also an answer to that, SANTORUM). The Senator from Idaho. estimate of direct costs of the amend- and that is that, in many cases, we do Mr. KEMPTHORNE. Mr. President, I ment alone, or the amendment if added not know and cannot know that we are appreciate the spirit in which the Sen- to the bill? going to offer an amendment because ator from Michigan has provided these Is an amendment offered on the floor an amendment could be a second-de- questions, and I appreciate the fact he out of order if it does not have a CBO gree amendment. We are not all privy is not requiring an immediate re- estimate of direct cost? to everybody’s first-degree amend- sponse. I always appreciated take- Then there are some questions relat- ments around here. We do not have home exams instead of pop quizzes, but ing to the exclusions: amendments printed in advance. I I will be happy to provide the answers, Who will decide whether a bill is sub- would like to see a rule, by the way, to the extent I am capable, sometime ject to one of the exclusions? We have which would require amendments to be tomorrow. I appreciate his effort as we a number of exclusions here and there printed in advance, but we do not have work through this bill. are always going to be questions of in- any such rule. Mr. President, I know that the Sen- terpretation as to whether or not an So you do not know who is going to ator from Iowa is here and will be call- exclusion applies. call up an unprinted, unfiled amend- ing up his amendment. I would like to Who will decide that? ment to a bill. Somebody can call one inquire, I believe on the previous unan- What will specifically be required to up without previous notice, and then, if imous-consent agreement, we had a meet the terms of the bill with respect you want to offer a second-degree time agreement of 30 minutes equally to a finding of emergency? amendment, in order for it to be in divided? And then the final set of questions order, you have to have an estimate The PRESIDING OFFICER. That is relates to the length of the estimate, from the CBO. correct. and here, rather than addressing the Now, what do we do? Do we hold up Mr. KEMPTHORNE. And that no sec- problem through a series of questions, the processing of the whole U.S. Senate ond-degree amendments were in order; I will be seeking consideration tonight while the CBO tries to estimate the is that correct? of one of my amendments which would costs forever, maybe, on 87,000 jurisdic- The PRESIDING OFFICER. The Sen- place a time limit on the estimate. tions? We have to work through this in ator is correct. I have given a copy of a modification advance. It is a complicated issue and, Mr. LEVIN. Will the Senator yield to my amendment to the majority again, when we had last year’s bill, we just for one moment, for a parliamen- manager. I do not know if they have did not have that final point of order tary inquiry? Is there a unanimous- had a chance to look at the modifica- that had such an appropriations impact consent agreement in effect on the tion yet. But I will seek to get that embedded in it, as we do in this year’s Grassley amendment? Is there a time issue resolved by a modified amend- bill. agreement? ment. So if the estimate was wrong last The PRESIDING OFFICER. Yes, The issue here is a kind of fundamen- year, it did not have serious con- there is. tal one. Once that threshold is sequences. It had consequences; the bill Mr. LEVIN. Is there a unanimous- breached, then you have to have an es- would be subject to a point of order if consent agreement indicating when the timate of the direct costs of the bill or it did not have the estimate. But it did Grassley amendment will be called up? January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1527 The PRESIDING OFFICER. No, there If I could address the majority leader Mr. GLENN. Will the Senator yield is not. just a moment, we have disposed of for a question, please? Mr. LEVIN. At that point, I would about 12 amendments today. We have Mr. GRASSLEY. Yes, Mr. President, note the absence of a quorum. worked with them. They have gotten I will yield. The PRESIDING OFFICER. The some withdrawn. We have some we Mr. GLENN. The modified language clerk will call the roll. have gotten agreement on, and I of his amendment, I do not believe we The assistant legislative clerk pro- thought we had been making very good have a copy of that. Does the Senator ceeded to call the roll. progress today. We are moving right have a copy he can give us so we will Mr. DOLE. Mr. President, I ask unan- along on this. I had hoped we would be know? imous consent that the order for the able to—I think we are making a great Mr. GRASSLEY. We sure do. Just so quorum call be rescinded. deal of progress. the Senator knows I am not pulling a The PRESIDING OFFICER. Without Mr. DOLE. How many amendments fast one, it has been well known about objection, it is so ordered. remaining? what we are doing and we will get the Mr. DOLE. Mr. President, some of Mr. GLENN. I do not know how many Senator a copy so he can be sure of the Members are inquiring about the are remaining. I do not know exactly. that. schedule for this evening. It is slow, I We have disposed of about 11 or 12 Mr. GLENN. Would the Senator re- can tell you that. We are not making today. Not all of them had votes on state the unanimous-consent request, any progress. On the 11th day on this them. They either were withdrawn or please. Was there a unanimous-consent bill, we have had only three votes. Two we had some agreement on them or request? votes. It is worse than I thought. they were accepted. Mr. GRASSLEY. Yes. Mr. President, Now, if this is not delay, I do not Mr. DOLE. We had 39 yesterday, and the unanimous-consent request I made know what delay is. So we are going to now we have 34 so I do not know—un- is for the modification according to the be here a long time tonight, I am fear- less there are some that have not been changes that have been made at the re- ful. There will not be any window. We properly cataloged on our side that quest of various staff. are going to vote as the amendments have been disposed of. But we still have The PRESIDING OFFICER. Is there come up. We just have to stay here and 34 amendments after 11 days on a bill. objection? do it. We were told last week that there were Mr. GLENN. I have no objection. I I regret that I cannot accommodate maybe 30 amendments. Then we got up believe the Senator can modify his some of my colleagues on both sides of to 67, and 49, and now we are down to amendment anyway, can he not? the aisle. We are spending 90 minutes 34, 3 days later. So if that is progress, The PRESIDING OFFICER. It re- on immigration amendments. A lot of it is very slow progress. But, again, it quires unanimous consent under the things have nothing to do with this bill is up to our colleagues. If they want to circumstances. at all. Anything anybody can think of spend Saturday here, that is fine with Mr. GLENN. I have no objection. has been offered as an amendment—So- me. The PRESIDING OFFICER. Is there cial Security amendment having to do Mr. GLENN. The procedures by which objection? Without objection, it is so with a balanced budget. We have to de- this bill was brought to the floor, I ordered. bate that again on this bill. would submit, are ones that engen- The amendment, as modified, is as I have about reached the point where dered a lot of amendments. We are still follows: we will either file cloture tonight or trying to work out some of the things start tabling these amendments unless On page 32, between lines 5 and 6, insert we normally would have taken care of the following: they are offered and you have limited in committee had we been permitted to debate. We do not need 40, 50, 60 min- SEC. . COST OF REGULATIONS. do so. We were not permitted to do any utes on some of these amendments or (a) SENSE OF THE CONGRESS.—It is the sense of the amendments in committee. It rollcall votes on some of these amend- of the Congress that Federal agencies should was sent back to the floor. Had we been ments. review and evaluate planned regulations to able to do that, I think we would have ensure that the costs of Federal regulations So I must say that I do not know any saved an awful lot of trouble and saved are within the cost estimates provided by other alternative. If somebody stands much of that 11 days we have been out the Congressional Budget Office. back here and banters back and forth here in the Chamber, whatever it is (b) STATEMENT OF COST.—At the written re- for a day, that is not my idea of quest of any Senator, the Director shall, to now. progress. Eleven days ought to be the extent practicable, prepare— I suggest the absence of a quorum. enough. We could have finished this (1) an estimate of the costs of regulations Mr. GRASSLEY addressed the Chair. bill in 4 or 5 days. implementing an Act containing a Federal The PRESIDING OFFICER. Will the We will finish the bill this week. If it mandate covered by section 408 of the Con- Senator withhold? gressional Budget and Impoundment Control takes until 10 o’clock tonight, 11 Mr. GLENN. I withhold. Act of 1974, as added by section 101(a) of this o’clock tomorrow night, and 11 o’clock Mr. KEMPTHORNE addressed the Act; and the next night, we will finish the bill Chair. (2) a comparison of the costs of such regu- this week. But we may file cloture in lations with the cost estimate provided for The PRESIDING OFFICER. The Sen- the meantime if we continue. We may such Act by the Congressional Budget Office. ator from Idaho. do that this evening. We have been all (c) COOPERATION OF OFFICE OF MANAGEMENT Mr. GRASSLEY. Mr. President, I will day long. Now it is dark outside. Peo- AND BUDGET.—At the request of the Director yield the floor if the manager wants it. ple want to be home with their fami- of the Congressional Budget Office, the Di- I reserve my right to get the floor back rector of the Office of Management and lies, so we are going to start voting at after he is completed. Budget shall provide data and cost estimates 6, 7, 8, 9, 10 o’clock. The PRESIDING OFFICER. Without for regulations implementing an Act con- So I hope my colleagues will accom- objection, it is so ordered. taining a Federal mandate covered by sec- modate us—not the leader; I will be tion 408 of the Congressional Budget and Im- Mr. KEMPTHORNE. Mr. President, I here in any event, but accommodate poundment Control Act of 1974, as added by yield the floor. our other colleagues who would like to section 101(a) of this Act. The PRESIDING OFFICER. The Sen- be home with their children and fami- Mr. GRASSLEY. Mr. President, as I ator from Iowa. lies. But we have not accomplished indicated yesterday, Senator SNOWE is much today. AMENDMENT NO. 207, AS MODIFIED working with me on this approach. Mr. GLENN addressed the Chair. Mr. GRASSLEY. Mr. President, I pre- This very simply expresses the sense The PRESIDING OFFICER. The Sen- sented yesterday an amendment of of the Congress that Federal agencies ator from Ohio. mine. It has been modified, and I would should review and should evaluate Mr. GLENN. Mr. President, I can ap- like to send it to the desk and ask planned regulations to ensure the costs preciate the wishes of the majority unanimous consent that the modifica- of Federal regulations are within the leader to move this through, but I tion be made. cost estimates that are provided for would submit that we have disposed of The PRESIDING OFFICER. Is there the statute by the Congressional Budg- about 12 amendments today. objection to the modification? et Office. S 1528 CONGRESSIONAL RECORD — SENATE January 25, 1995 Then there is a second part that is Mr. KEMPTHORNE. Mr. President, it The other thing that might come as not a sense of the Senate. The second is a Dole-Daschle-Bingaman bipartisan a benefit of my regulation is that the part would allow any Senator to re- resolution. regulation writers, if somebody might quest that CBO provide an estimate of Mr. LEVIN. This is relative to ask for a review, may be just a little the cost of regulations and compare Japan? more careful to stay within the cost in- them with the cost estimates provided Mr. KEMPTHORNE. It is. tent of the statute. I think that is le- by CBO as required for the statute that Mr. LEVIN. I thank the Chair. gitimate. I think if we write a statute we are passing under S. 1. The PRESIDING OFFICER. Who that we think is going to be an un- This is just a commonsense amend- yields time? funded mandate costing $1 billion, we ment that when agencies implement a Mr. GLENN. Mr. President, I yield should not allow some faceless bureau- Federal mandate they should take myself such time as I may require. crat to write regulations that make it steps and make a good-faith effort to Mr. President, I say to my colleague cost much more and not be in keeping keep regulatory costs within the CBO from Iowa, the agencies are already with congressional intent. That is all I estimates called for under S. 1. We do under strictures that come under the am trying to do. I hope I have answered not want to pass legislation, in Con- President’s Executive order to examine the Senator’s question. gress, thinking when we pass the legis- costs and benefits before issuing regu- Mr. GLENN. I would have another lation that it might only be a $1 billion lations. It seems to me that should question I would like to ask, too. That unfunded mandate and then, after sev- really be the test for any regulation— is, it says, ‘‘an estimate of the costs of eral months have passed—in some do the benefits outweigh the costs? If regulations implementing an Act con- cases I suppose years could pass—the they do, the regulations should go for- taining a Federal mandate covered by agency unnecessarily implements regu- ward. If not, the regulations should be section 408 of the Congressional Budget lations that would raise that cost, killed. and Impoundment Control Act of 1974, something above the $1 billion esti- It seems to me the proposed Grassley as added by section 101(a) of this mate? amendment adds another stricture Act’’—and then goes on, ‘‘a comparison I hope we could all agree to this without taking benefits into account. of the costs of such regulations with amendment. I know at least on our side If a benefit far outweighs a cost, why the cost estimate provide for such Act of the aisle, after discussing it with our should the CBO cost estimate become a by the Congressional Budget Office.’’ ceiling? Would this mean that these would all distinguished floor manager, Senator In other words, what we are doing be still prospective? Or does this mean KEMPTHORNE, he had some concerns here is saying CBO—as I understand that, because we go back and reference about it. I think the modifications will it—CBO is to make an estimate of the the Congressional Budget and Im- satisfy his concerns. cost. Then once that cost estimate is poundment Control Act of 1974, that I think it ought to be stated as well made, which at best is an estimate, the CBO would be expected upon writ- that CBO has no problem with the then the cost of implementing what- ten request to go back and estimate costs of carrying this out. And from ever the proposal is could not exceed mandates and how they worked out that standpoint, this is language simi- the CBO cost, no matter what? Is that compared with CBO estimates, clear lar to what was in the amendment of the intent of the Senator from Iowa? back over the last 21 years? the Senator from Michigan [Mr. LEVIN] Mr. GRASSLEY. Mr. President, I will Mr. GRASSLEY. Mr. President. It is when he called up a previous amend- be glad to attempt to answer. I am not a very good question. And the answer ment he got adopted, calling for a re- sure I can, because I am not sure I un- is it is prospective, and it just covers port at the instigation of any particu- derstand the question of the Senator. whatever S. 1 covers. lar Senator. But implicit in his question, I believe, Mr. GLENN. I have a further ques- I yield the floor and reserve the re- is a feeling that the purpose of my tion. Would the Senator be willing to mainder of my time. amendment is to stop the regulation have the benefits and costs evaluated The PRESIDING OFFICER. Who from going into effect. That is not the at the same time? yields time? purpose of the amendment. There is Mr. GRASSLEY. No. Mr. GRASSLEY. I yield such time as nothing in the wording of the amend- Mr. GLENN. The President’s Execu- he might need to the Senator from ment that does that. tive order, I would say, covers that and Idaho. The purpose of the amendment is I think that is a necessary part of this The PRESIDING OFFICER. The Sen- that if we pass a statute in the year thing, to consider the benefits as well ator from Idaho. 1996, and CBO says it is going to cost $1 as just the costs. Mr. KEMPTHORNE. Mr. President, I billion, and then 2 years later—it takes Mr. GRASSLEY. Mr. President, I see appreciate what the Senator from Iowa a long time to get these regulations the cost-benefit analysis as a very is proposing here. To me it seems like written—2 years later the agency worthwhile procedure. I think I sup- a very reasonable request, so again I might issue regulations that cost ported that. I have not had a chance to thank him for his diligence. I will be something more. vote on it in past Congresses. But I supporting this amendment. I yield the My amendment does not make CBO support the concept. I think, as the remainder of my time. study that, except at the request of a Senator said, the concept is to end the The PRESIDING OFFICER. Who Senator. But if I would decide, looking rulemaking process. I happen to think yields time? at department X’s regulations, it looks that is not a very effective process that Mr. KEMPTHORNE. Mr. President, I to me like these are a lot more expen- we go through. I think it is not refined ask unanimous consent that imme- sive in unfunded mandates than what well enough. I do not think there is a diately following the next rollcall vote we anticipated when we pass the legis- bureaucratic inclination to abide by it the Senate proceed to vote on a resolu- lation, I want CBO to take a look at in good faith. I support that concept, tion expressing our condolences to the those regulations. but I do not think it has any relation- nation of Japan, and I ask it be in CBO takes a look at those regula- ship to what I am trying to accomplish order to ask for the yeas and nays at tions and they might say, no, this is by my amendment. this point. not over the $1 billion; or they might It is a worthy goal the Senator sug- The PRESIDING OFFICER. Without say it is $2 billion, it is going to make gests, but it is a little more. I believe objection, it is so ordered. this statute cost $2 billion instead of $1 it is much more in depth and serves a Mr. KEMPTHORNE. Mr. President, I billion. My amendment will not in any whole different purpose than what I am ask for the yeas and nays. way keep those regulations from going trying to serve by my amendment. The PRESIDING OFFICER. Is there a into effect. But I surely think we ought Mr. GLENN. Mr. President, if I might sufficient second? to have a track record by which we can add another question in part A, sense There is a sufficient second. measure whether or not an original es- of the Congress, it is the sense of the The yeas and nays were ordered. timate and intent of statute is realized. Congress that the Federal agency Mr. LEVIN. Parliamentary inquiry, And if it is not, then at least we know should review and evaluate planned whose resolution is this? that and it is a matter of public record. regulations. And then the next part is January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1529 to ensure that the costs of Federal reg- piece of legislation. So we ought to feel are the legislating authority on this ulations are within the cost estimates our way along to that point. I think because your estimate that you gave provided by the Congressional Budget my sense of the Senate ought to be us, that might be very sketchy, arrived Office. looked at as giving Congress some ad- at in a few hours at best, we are saying It seems to me that sets a ceiling be- ditional tools down the road, a track that becomes the definitive figure on yond which you could not go. The CBO record by which we can make better this thing as far as guidance for the is at best making estimates. I do not judgments if this statute needs to be Federal agencies goes, and we want to see how you can say that the agency, refined. ensure that. trying to implement something that Mr. GLENN. Mr. President, the Sen- The PRESIDING OFFICER. The Sen- may be very involved, should be lim- ator treats sense of the Senate just a ator’s time has expired. ited to no more than the estimate of little more lightly than I think a sense Mr. GRASSLEY. I want to save some the Congressional Budget Office. I do of the Senate should be treated in this of my time, so I do not want to yield. not know whether that was the intent regard. Legislative history is made I ask unanimous consent that the Sen- or not. here on the floor, and we talk about ator have 1 additional minute. What we would be doing is saying sense of the Senate and all the other Mr. GLENN. I am sorry we did not with the legislation we pass, we are in things that go on in debate. All of know the time here. That is my fault. effect passing our legislative respon- these things give the regulation writ- I ask unanimous consent that Senator sibilities on to the CBO and saying ers the sense of the Senate as to where LEVIN be granted an additional 5 min- whatever they come up with is the ab- we want to go. They follow this. They utes. solute ceiling, when they are required are supposed to follow it. Mr. GRASSLEY. Then I want 5 min- on a rapid basis to give us their best es- This is used in its entirety, of course, utes on this side. timates. That does not mean when it and sense of the Senate is not as bind- Mr. GLENN. We have no objection to gets over to the agency, they get it in ing as regular legislation. But we are that. more detail. It might exceed a little; it telling the agency that the agencies The PRESIDING OFFICER. Without might go under some. But I think to should review and evaluate planned objection, it is so ordered. make CBO the final authority on what regulations, not just to think about it. Mr. GRASSLEY. Mr. President, may the ceiling will be, with their rapidly We are saying to ensure that the costs I yield myself such time as I might arrived-at estimate of costs, I just do are within the cost estimates provided consume to respond? not see how that would work. by CBO. The PRESIDING OFFICER. The Sen- Was not the intent to make the esti- That is a mighty potent statement, ator from Iowa. mate of the Congressional Budget Of- it seems to me. If we are saying it is Mr. GRASSLEY. Mr. President, fice a ceiling that could not be ex- sense of the Congress, but we really do again, I did not make my suggestion ceeded in the executive branch when not mean that, and you people over very clear to the Senator from Ohio be- they try to implement the law that we there just go ahead and do what you cause he kept concentrating on the just passed, or implement a mandate? think ought to be done, then that is a word ‘‘ensured.’’ We could eliminate Mr. GRASSLEY. Mr. President, be- different thing. But what we are saying ‘‘ensured’’ and put in there ‘‘to the ex- fore I answer this question, there is one is we are telling them it is our sense of tent practicable’’ and that may solve further response I want to give to the the Senate and the Congress to ensure the problem. I do not want to do that Senator on his question about the cost that they stay within the CBO esti- unless it will solve the problem be- benefit. A more explicit answer to the mate. cause I think this is about as weak as question is, as I said, we only want to Mr. GRASSLEY. Mr. President, will you can get. do what S. 1 does, and S. 1 deals just the Senator yield? I yield the floor and reserve the re- with cost. Mr. GLENN. Certainly. mainder of my time. On the point that the Senator from Mr. GRASSLEY. Mr. President, this Mr. LEVIN. Mr. President, the trou- Ohio just made, there is not a real solid would require further modification. ble with this sense-of-the-Senate lan- answer I can give because of the very But first of all, before I suggest some- guage is that it delegates the legisla- basis of my language being sense of the thing, I do not want it to be suggested tive responsibility to the Congressional Senate. I think sense of the Senate im- that I think my amendment does more Budget Office. This is what the Senator plies, first of all, that the bureaucrats or is intended to do more than what I from Ohio was alerting us to in his last and regulation writers do a good-faith said I wanted it to do. I did not doctor couple of minutes. effort to be within the congressional up the sense-of-the-Senate language The Congressional Budget Office, if intent of whatever the ceiling is of the because I do not know how much weak- we are lucky, is going to be able to unfunded mandate. er you can get in any statement of pub- make an estimate of what the cost will Second, sense of the Senate is not lic policy that this body makes in be to 87,000 State and local govern- binding because it is only sense of the sense-of-the-Senate language. Maybe ments for some period, which could Senate. It is not statute. I would feel the Senator from Ohio puts it on a last forever, the way the bill is cur- that the Congressional Budget Office, higher plane than I do. But I do not rently worded. But it is going to be in making this estimate, could do no think it deserves such a high plane. decades into the future. These are, at more under my amendment than just So I did not think about adjusting it best, going to be guesstimates. We have simply say in a quantifiable way that any, because I do not think you can be example after example that they have the agency cost will be so much. That much weaker than a sense of the Sen- told us where they cannot make a good could be higher or lower. The extent to ate. But if it would help the Senator, estimate. These are not scientific which it is higher, their statement that we could put in the same words that we statements of costs; these are guess- it is higher in no way, under the stat- put in the second part of the amend- timates that are going to be coming ute or under the intent of my amend- ment, and say ‘‘to the extent prac- out of the CBO. We cannot take that ment, is going to keep the regulation ticable.’’ guesstimate and say that it is the from going into effect. Mr. GLENN. I am not exactly sure sense of the Senate that the agency If I could be perfectly candid with the how that would change it that much, should ensure that a regulation com- Senator from Ohio, I think if unfunded Mr. President. I think when you are plies with that guesstimate instead of mandates legislation is going to mean trying to direct them to ensure that law. anything, eventually you have to get whatever they do with regard to rules Let us say we pass a law that says to that point where the regulation and regulations will not go beyond the airports must introduce security de- writers are within the intent of Con- Congressional Budget Office estimate, vices that will pick up levels of metal gress on what the cost is, or else we do no matter what we passed on the floor down to a certain amount. We are not have a very effective statute. But I here, and how many amendments we doing that for the safety of the pas- cannot do that now. I do not know had, and all the other provisions we sengers of the United States, the Amer- whether now is the time to do that be- may have put on the floor, we are in ef- ican citizens that walk through metal cause this legislation is a pioneering fect going back to CBO and saying: You detectors and get on airplanes want to S 1530 CONGRESSIONAL RECORD — SENATE January 25, 1995 feel safe. We pass a law that says you No sense-of-the-Senate amendment can road will cost $75 million? Or is it your must get down to a certain level of de- or will do that or ever has done that. sense that they should go with the tection in these metal detectors. That The other point is that Congress does cheaper $50 million metal detector, is the law. We have adopted that law. not turn anything over to the Congres- which will not do the job, because that Now we get an estimate. The CBO gets sional Budget Office through this was the CBO estimate? Or is it the Sen- us an estimate as to how much that is sense-of-the-Senate resolution. This is ators intention that they comply with going to cost State and local govern- our decision to make. There is no regu- our law because the better metal detec- ment. Their estimate comes out that it lation that in any way can be stalled tor will be better? is going to cost $50 million for all these by either part of my amendment. It is Mr. GRASSLEY. I think it is a rel- jurisdictions in one of those years. We not intended to do that. For the Sen- atively easy question to answer. First have written a law saying you have to ator from Michigan, it is not intended of all, S. 1, as far as the unfunded man- do something for the safety of the to take, nor will it take away any stat- dates are concerned, the statutory au- American people, but we have a CBO utory responsibilities or constitutional thority that the regulator has to fulfill guesstimate over there that says $50 responsibilities of any employee or of- their responsibilities to protect the million. ficer of the executive branch. public is binding. That is not the sense It turns out, down the road, that I am always willing to work some- of the Senate. But I am not saying that when those detectors are put in, they thing out, but I think we have reached because I want to bring less signifi- are going to cost more than $50 mil- a point where yesterday and today we lion. Are we going to say tonight that have tried to work out things in this cance to my sense of the Senate. I am we want the agency to abide by the es- area. One of the very concerns that the saying that because that is the role— timate of the CBO instead of our law? Senator from Michigan had previously that is the place of sense-of-the-Senate Are we putting a CBO guesstimate on a with my amendment, in some of the resolutions in policymaking in our con- pedestal so that it will take precedence discussions before, was the extent to stitutional system of Government. over what we have said is essential for which CBO could do this within their The regulator would go ahead and the safety of the American people? Is budget. From that standpoint, the Sen- put in the more expensive product to that our intent? It is not my intent. I ator from Michigan just got an amend- protect the public. But, if I, Senator am not going to put that guesstimate ment adopted by this body that, within GRASSLEY, 6 months later said, ‘‘Well, on a pedestal. I am troubled about the the same budget limitation of the CBO, you know, I have some doubts about ambiguities of these guesstimates. asked them to do exactly what I am this. Is it within the cost?’’ I ask the We surely do not want that guess- doing with my amendment. CBO to study what the cost is. Let us timate of the unelected CBO, for some So I think it is a little bit wrong for suppose CBO comes up with the fact period out in the future, to supersede the Senator from Michigan to come that it is over the unfunded mandate the elected representative of the people here and say that I am asking too estimate. of the United States. If we say the law much of the Congressional Budget Of- That is a quantifiable fact that does is that there must be metal detectors fice, or that a sense-of-the-Senate reso- not affect the decision of the regu- that can capture metal or other mate- lution will reduce the statutory re- lators. And that is the intent. But, to rial down to a certain level, that is our sponsibilities or the congressional re- be perfectly candid to both of my col- intent. And we have a guesstimate that sponsibilities of any person within the leagues who have spoken in opposition says it is going to cost a certain executive branch. to this, I would expect maybe at reau- amount in a certain year, OK, that will How much time do I have left? thorization time that that fact could give us some guidance. But do not give The PRESIDING OFFICER. The Sen- be a basis for maybe tightening up that precedence over what our decision ator has 13 minutes. some of the statutes so that regula- is as to what the law should be, be- Mr. LEVIN. If the Senator will yield tions cannot circumvent the original cause you are just delegating to the for a question, I have not objected to intent of the statute. CBO what we as elected officials are re- your part B which relates to the state- Mr. President, how much time do I sponsible to do. ment of cost of the Congressional have remaining? That is one of the difficulties with Budget Office. I have not raised an ob- The PRESIDING OFFICER. The Sen- my friend’s amendment. When he says jection. ator from Iowa has 9 minutes remain- that agencies should evaluate planned Mr. GRASSLEY. I think it is because regulations to ensure—the key word is we have satisfied you with our changes ing. ‘‘ensure’’—that they are within cost es- in our language. Mr. GRASSLEY. And the other side timates in the budget office, he is just Mr. LEVIN. For whatever reason, I has? giving the legislative authority away have not objected to the Senator’s The PRESIDING OFFICER. No time to the budget office and saying, yes, we amendment as it relates to the addi- remaining. want those metal detectors to capture tional duty of the CBO. Mr. GRASSLEY. Mr. President, I a certain level of metal, but we are not Will the Senator yield for a question? would like to ask a question of the Re- really saying that. So I would suggest Mr. GRASSLEY. I stand corrected publican manager of the bill. Is it the that we let the staff try to work out from the standpoint that that may Senator’s desire, then, if I would yield some language here. I think I know have referred to the entire language of back my time, that we would imme- what the Senator is driving at. I think the bill. diately go to a vote on my amendment? this language goes too far. I suggest I yield for a question. Mr. KEMPTHORNE. Mr. President, that his staff and the staff of Senator Mr. LEVIN. Under your language, it that would be my intent. GLENN, and perhaps mine, and any is the sense of the Congress that the Mr. GRASSLEY. Mr. President, I other interested Senator, might get to- Federal agency should do something to yield back the remainder of my time. gether to work out language to avoid ensure something, and I want to give The PRESIDING OFFICER. The Sen- the result that this could otherwise the Senator a hypothetical. ator yields back the remainder of his lead to. Assume that the estimate of the CBO time. Mr. GRASSLEY. Mr. President, first was that the metal detector would cost Mr. GLENN. Mr. President, I suggest of all, the Senator from Michigan $50 million. But the way the agency the absence of a quorum. wants us to believe that the sense-of- reads our law requiring them to get The PRESIDING OFFICER. The the-Senate resolution is going to bind these new metal detectors installed to clerk will call the roll. every regulator who is working under protect the American people, it turns The bill clerk proceeded to call the the constitutional authority of the out that those metal detectors required roll. President—that they will not perform by our law will cost $75 million. Should Mr. KEMPTHORNE. Mr. President, I their responsibilities; that a sense-of- the agency ensure the $50 million in ask unanimous consent that the order the-Senate resolution will somehow that event, even though they read our for the quorum call be rescinded. amend the Constitution, take away law to require metal detectors which as The PRESIDING OFFICER. Without statutory authority of the bureaucrat. it turns out a couple years down the objection, it is so ordered. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1531 Mr. KEMPTHORNE. Mr. President, I VOTE ON AMENDMENT NO. 207, AS FURTHER The assistant legislative clerk read ask unanimous consent that, with re- MODIFIED as follows: spect to the Lautenberg amendment The PRESIDING OFFICER. The vote A resolution (S. Res. 72) expressing support numbered 199, there be 40 minutes of now occurs on the amendment No. 207, for the nation and people of Japan and deep- debate prior to the motion to table, to as further modified, offered by the Sen- est condolences for the losses suffered as the be divided in the usual form; and that, ator from Iowa [Mr. GRASSLEY]. result of the earthquake of January 17, 1995. upon the expiration or yielding back of The yeas and nays have been ordered. The PRESIDING OFFICER. Under time, the majority manager or his des- The clerk will call the roll. the previous order, the question is on ignee be recognized to make a motion The bill clerk called the roll. agreeing to the resolution (S. Res. 72). to table. I also ask unanimous consent Mr. LOTT. I announce that the Sen- The yeas and nays have been ordered. that there be no second degree amend- ator from Wyoming [Mr. SIMPSON] is The clerk will call the roll. ments in order to the Lautenberg absent due to a death in the family. The assistant legislative clerk called amendment prior to the motion to I further announce that, if present the roll. table the Lautenberg amendment. and voting, the Senator from Wyoming Mr. LOTT. I announce that the Sen- The PRESIDING OFFICER. Without [Mr. SIMPSON] would vote ‘‘yea.’’ ator from Missouri [Mr. BOND] is nec- objection, it is so ordered. The PRESIDING OFFICER. Are there essarily absent. Mr. KEMPTHORNE. Mr. President, I any other Senators in the Chamber de- I also announce that the Senator suggest the absence of a quorum. siring to vote? from Wyoming [Mr. SIMPSON] is absent The PRESIDING OFFICER. The The result was announced—yeas 99, due to a death in the family. clerk will call the roll. nays 0, as follows: I further announce that, if present The bill clerk proceeded to call the [Rollcall Vote No. 45 Leg.] and voting, the Senator from Wyoming roll. YEAS—99 [Mr. SIMPSON] would vote ‘‘yea.’’ Mr. GRASSLEY. Mr. President, I ask Abraham Feingold Lott The PRESIDING OFFICER. Are there unanimous consent that the order for Akaka Feinstein Lugar any other Senators in the Chanmber Ashcroft Ford Mack the quorum call be rescinded. Baucus Frist McCain who desire to vote? The PRESIDING OFFICER (Mr. Bennett Glenn McConnell The result was announced—yeas 98, THOMAS). Without objection, it is so or- Biden Gorton Mikulski nays 0, as follows: Bingaman Graham Moseley-Braun dered. Bond Gramm Moynihan [Rollcall Vote No. 46 Leg.] AMENDMENT NO. 207, AS FURTHER MODIFIED Boxer Grams Murkowski YEAS—98 Mr. GRASSLEY. Mr. President, we Bradley Grassley Murray Breaux Gregg Nickles Abraham Feinstein Lugar have been able to arrive at some lan- Brown Harkin Nunn Akaka Ford Mack guage that satisfies myself and satis- Bryan Hatch Packwood Ashcroft Frist McCain fies the Democratic side of the aisle. Bumpers Hatfield Pell Baucus Glenn McConnell Pursuant to that, I will have to ask Burns Heflin Pressler Bennett Gorton Mikulski Byrd Helms Pryor Biden Graham Moseley-Braun unanimous consent that my amend- Campbell Hollings Reid Bingaman Gramm Moynihan ment be modified as written on this Chafee Hutchison Robb Boxer Grams Murkowski paper. Coats Inhofe Rockefeller Bradley Grassley Murray Cochran Inouye Roth Breaux Gregg Nickles The PRESIDING OFFICER. Without Cohen Jeffords Santorum Brown Harkin Nunn objection, it is so ordered. Conrad Johnston Sarbanes Bryan Hatch Packwood The amendment, as further modified, Coverdell Kassebaum Shelby Bumpers Hatfield Pell is as follows: Craig Kempthorne Simon Burns Heflin Pressler D’Amato Kennedy Smith Byrd Helms Pryor On page 32, between lines 5 and 6, insert Daschle Kerrey Snowe Campbell Hollings Reid the following: DeWine Kerry Specter Chafee Hutchison Robb SEC. . COST OF REGULATIONS. Dodd Kohl Stevens Coats Inhofe Rockefeller Dole Kyl Thomas Cochran Inouye Roth (a) SENSE OF THE CONGRESS.—It is the sense Domenici Lautenberg Thompson Cohen Jeffords Santorum of the Congress that Federal agencies should Dorgan Leahy Thurmond Conrad Johnston Sarbanes review and evaluate planned regulations to Exon Levin Warner Coverdell Kassebaum Shelby ensure that cost estimates provided by the Faircloth Lieberman Wellstone Craig Kempthorne Simon D’Amato Kennedy Smith Congressional Budget Office will be carefully NOT VOTING—1 considered as regulations are promulgated. Daschle Kerrey Snowe Simpson (b) STATEMENT OF COST.—At the written re- DeWine Kerry Specter quest of any Senator, the Director shall, to Dodd Kohl Stevens So the amendment (No. 207), as fur- Dole Kyl Thomas the extent practicable, prepare— ther modified, was agreed to. Domenici Lautenberg Thompson (1) an estimate of the costs of regulations Mr. KEMPTHORNE. Mr. President, I Dorgan Leahy Thurmond implementing an Act containing a Federal move to reconsider the vote. Exon Levin Warner mandate covered by section 408 of the Con- Faircloth Lieberman Wellstone gressional Budget and Impoundment Control Mr. LEAHY. I move to lay that mo- Feingold Lott Act of 1974, as added by section 101(a) of this tion on the table. NOT VOTING—2 Act; and The motion to lay on the table was (2) a comparison of the costs of such regu- agreed to. Bond Simpson lations with the cost estimate provided for Mr. DOLE. Mr. President, I suggest So the resolution was agreed to. such Act by the Congressional Budget Office. the absence of a quorum. The preamble was agreed to. (c) COOPERATION OF OFFICE OF MANAGEMENT The PRESIDING OFFICER. The The resolution (S. Res. 72) and its AND BUDGET.—At the request of the Director clerk will call the roll. preamble are as follows: of the Congressional Budget Office, the Di- The assistant legislative clerk pro- rector of the Office of Management and S. RES. 72 Budget shall provide data and cost estimates ceeded to call the roll. Mr. DOLE. Mr. President, I ask unan- Whereas on the morning of January 17, for regulations implementing an Act con- 1995, a devastating and deadly earthquake taining a Federal mandate covered by sec- imous consent that the order for the shook the cities of Kobe and Osaka, Japan tion 408 of the Congressional Budget and Im- quorum call be rescinded. killing more than 5,000 people, injuring more poundment Control Act of 1974, as added by The PRESIDING OFFICER. Without than 25,000 and leaving more than 300,000 section 101(a) of this Act. objection, it is so ordered. temporary homeless; Mr. GRASSLEY. Mr. President, I will f Whereas the earthquake of January 17, yield back my remaining time, and I 1995, has left more than 46,440 buildings in ask for the yeas and nays. EXPRESSION OF SUPPORT FOR ruin, destroyed highways, train lines and The PRESIDING OFFICER. Is there a THE PEOPLE OF JAPAN other infrastructure and has caused losses of as much as $80 billion in Kobe alone; sufficient second? The PRESIDING OFFICER. Under Whereas the tradition of strength, courage, There appears to be a sufficient sec- the previous order the Senate will pro- determination, and community of the people ond. ceed to consider Senate Resolution 72, of Japan has been displayed time again by The yeas and nays were ordered. which the clerk will report. the citizens of Kobe and Osaka and, indeed, S 1532 CONGRESSIONAL RECORD — SENATE January 25, 1995 all of Japan since the earthquake and has ing, that we debate it tomorrow, and to work on differences on both sides on served as an inspiration to all of the world; then have the motion as proposed by immigration. Did you not have that as Whereas the nation’s and people of the the distinguished Senator from Idaho. part of any agreement? United States and Japan share a strong, dec- That is my preference. In order to ac- ades old history of friendship and mutual in- Mr. DOLE. I did not make a request. terests and respect; and commodate the leader, I am perfectly But we can put it in writing if it works Whereas the people of the United States, willing to debate it tonight. However, out. We still will not have any votes having suffered a similar tragedy almost a we can vote on it tomorrow, and the before 10, I can assure the Senator from year ago to the day of the Kobe and Osaka votes apparently are going to be Kentucky. earthquake, share in the pain and hope of stacked. Two or three votes will be Mr. GLENN. Is that when we go back the people of Japan: Now, therefore, be it stacked, and I will be part of that. I am Resolved by the Senate that— on the bill? willing to acquiesce to that. Mr. DOLE. That will be at 9. (1) The Senate expresses its deepest sym- Mr. DOLE. Or we give you 5 minutes pathies to the Nation of Japan and the citi- AMENDMENT NO. 199 zens of Kobe and Osaka for the tragic losses each before the vote tomorrow. suffered as a result of the earthquake of Jan- Mr. FORD. That would suit me fine, Mr. LAUTENBERG. Mr. President, I uary 17, 1995. but I am trying to be—like my daddy would like to turn to the consideration (2) The Senate expresses its support to the told me, ‘‘When you sell it and they of my amendment No. 199 at this time. people of Japan as they continue their noble ask you when do you want to be paid The PRESIDING OFFICER. Amend- efforts to rebuild their cities and their lives. for it, say right now is fine.’’ I have ment No. 199 is the pending business. (3) The Senate expresses its friendship to tried to accommodate the leader. Now the people of Kobe and Osaka and pledges its Mr. LAUTENBERG. Mr. President, I support for their efforts in the face of this you are trying to stick me over to to- felt like a spectator as I was watching disaster. morrow and divide me up. Let us de- this debate occur. The majority leader Mr. KEMPTHORNE. Mr. President, I bate it tonight and put the vote off knew that he had my good will as part move to reconsider the vote by which until tomorrow. But do not have it too of his dialog here. Since I was not the resolution was agreed to. early. Those fellows over at the press asked, I just kind of shook my head. I Mr. LOTT. I move to lay that motion dinner probably are going to have such was glad to be here. Obviously, those of on the table. a good time they will want to sleep in us without a sense of humor are here The motion to lay on the table was the morning. because tonight is the funny night agreed to. Mr. DOLE. I am still sleepy from last down there. It may be funnier here. night. In any event, that press dinner f Mr. President, I thank my col- does last a while. It is live on C-SPAN. leagues, the managers of the bill, the UNFUNDED MANDATE REFORM If you are not able to go, but you would distinguished Senator from Ohio and ACT like to watch it—which I prefer—it will the distinguished Senator from Idaho, The Senate continued with the con- be on about from 9:45 until 10:30. for their interest in moving this legis- sideration of the bill. So if that is agreeable, I appreciate lation. I marvel at their patience and Mr. LAUTENBERG addressed the the consideration by my friend from their good temperament, because it has Chair. Kentucky. There will be the debate on not been easy, especially when there The PRESIDING OFFICER. The Sen- the Lautenberg amendment, which is are those of us who think that the leg- 40 minutes, I understand, equally di- ator from New Jersey. islation is appropriate, but at the same vided. Two Levin amendments will be Mr. DOLE addressed the Chair. time want to amend it to make it as offered. I do not know of any time on The PRESIDING OFFICER. Will the good as we can in our own views and that. If there are any rollcall votes or- Senator yield to the majority leader? our own perspectives. dered on any of the amendments, they Mr. LAUTENBERG. Absolutely. So I rise to speak for the fourth time Mr. DOLE. Mr. President, there is will be postponed until tomorrow morning. on the subject of unfunded mandates. I not a ‘‘no more vote’’ sign out there be- understand I have 20 minutes, and I do cause I did say—and I am reminded by At 9 o’clock there will be an immi- gration amendment, we hope. I guess not know whether I will use it all— the Senator from Kentucky—that we probably not. But I will use sufficient would be here until 11 o’clock tonight, the point is that none of the votes will time to discuss the subject now. tomorrow night, whatever it took. occur until disposition of the immigra- I offer this amendment which is as I assume now we will debate this tion amendment, and we will try to simple as it is compelling. I offer it be- amendment and two additional amend- stack the votes, probably after 10, cause I believe that some laws are so ments. We will probably be here until maybe later than that. about 9:30. The question is whether we Mr. FORD. Mr. President, may I ask important to the well-being of our citi- want to have a vote at that time, or the distinguished majority leader, are zens that regardless of whether the have the vote tomorrow morning. I am we coming in at 9? Federal Government fully pays for prepared to do it either way. There are Mr. DOLE. We will come in at 9. them, State and local governments a number of our colleagues at a press Mr. FORD. Then morning business? should be required to implement them. dinner. Some would not be displeased if Mr. DOLE. We are not going to have The authors of this bill recognized they were called back about 9 o’clock. morning business. We will get right on this fundamental truth, and that is Others who are on the program would the bill. why they created exclusions to S. 1. be; but whatever the wishes of the Sen- Mr. FORD. But you will go to the im- Federal legislation designed to enforce ator from Kentucky. migration amendment? the constitutional rights of individuals Mr. FORD addressed the Chair. Mr. DOLE. There is an hour agree- are exempt from the strictures of the The PRESIDING OFFICER. The Sen- ment on that. So that will be at least unfunded mandate law. So is legisla- ator from Kentucky. 10 o’clock. That vote will occur at 10, tion designed to protect statutory Mr. FORD. Mr. President, I did not followed by a vote on Lautenberg, or rights when they are threatened by dis- know it was all left up to me. any other votes ordered. crimination. So is legislation deemed Mr. DOLE. No. I said we have not Mr. FORD. At 10 o’clock, or a minute to be necessary to protect our national said that there would be no more votes. or two after that. After the prayer and security. I am prepared to do it either way. so forth, there will be an hour, which Mr. President, my amendment would Mr. FORD. Mr. President, I say to will take us to a few minutes after 10, expand the list of exemptions to S. 1 to the majority leader that I understand when the first vote will occur. include limits of or on exposure to the problem that he got into, and he Mr. DOLE. There will be no votes be- known human carcinogens. The Envi- probably will not get in this deep again fore 10, if that is all right with the ronmental Protection Agency has a list for awhile. The Senator from New Jer- Democratic leader. If that is agreeable of substances which are believed to be sey has an amendment. I am willing to to everybody, there will be no more causally connected to cancer in human debate him tonight and stack the votes votes this evening. beings. Evidence from human studies until tomorrow. I would prefer that we Mr. GLENN. The majority leader confirms a relationship between expo- have 40 minutes tomorrow in the morn- mentioned immigration. We are trying sure to these substances and cancer. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1533 These known carcinogens include: ar- Federal Government has a moral re- lung cancer. Is not protecting our chil- senic, asbestos, benzene, nickel, radon, sponsibility to discourage it. dren from this risk important enough and environmental tobacco smoke. The cancer-causing group A sub- to support Federal legislation? I ask unanimous consent that EPA’s stances identified in my amendment Again, I ask my colleagues: Are we complete list of Group A carcinogens are so deadly, and the Federal role in prepared to surrender to all the dif- be printed in the RECORD at this time. efforts to reduce our exposure to them ferent States the basic obligation of There being no objection, the list was are so important that I believe efforts protecting the health—and in this case, ordered to be printed in the RECORD, as to restrict human exposure to them the lives—of American citizens? Are we follows: should be exempt from the points of prepared to allow thousands of Amer- EPA’S GROUP A CARCINOGENS order in S. 1. ican children to be exposed to proven Group A: known human carcinogens: I commend the Senator from Idaho carcinogens? Is it a defense—or even an ‘‘This group is used only when there is suf- for his tenacity which ensured un- excuse—to say we are leaving this up ficient evidence from epidemiologic studies funded mandates would be a priority. I to support a causal association between ex- to the States? I hope not. also want to commend the Senator I will conclude my remarks, Mr. posure to the agents and cancer’’. (EPA’s from Ohio for his hard work in commit- President, to allow others to speak Risk Assessment Guidelines of 1986) tee and on the floor to improve this Arsenic. about my amendment. But I would ask bill. Together, they have forged a bill Asbestos. my colleagues to think about the chil- Benzene. that would create better intergovern- mental relations. dren whose health might be affected if Benzidine. we are unable to effectively regulate Bis(chloromethyl)ether. But central to this bill is the recogni- Chromium VI. tion that certain laws are so important group A carcinogens. My youngest Coke oven emissions. to our Nation’s welfare that they must daughter is about to give birth to my Diethylstilbestrol. be enacted and enforced—regardless of second grandchild and I cannot help direct black 38—benzidine-based dye. whether State and local governments wondering how this bill, as written, direct blue 6——benzidine-based dye. will have to pay to implement them. might affect his or her health. direct brown 95——benzidine-based dye. I feel that it is my obligation to pro- Environmental tobacco smoke (ETS).* Mr. President, I think legislation to 2-naphthylamine. control known human carcinogens is so tect that child with all of the might Nickel. important that it warrants special con- and the power that I can muster. I am Radon (and other radionuclides). sideration. Certainly, protection from sure that everyone else feels similarly Vinyl chloride. deadly exposure to cancer-causing sub- about their children and grandchildren * ETS is the only carcinogen in Group A for stances is as critical as any of the ex- and the generations that follow. which the cancer risk in humans was de- clusions currently found in S. 1. Those As a consequence of that, I hope that tected at environmental exposure levels, rather than occupational or pharmaceutical who have lost loved ones to this disease we will have the support to amend S. 1 levels. can tell you that. to include this very important exemp- ETS is also the only Group A carcinogen I believe this bill, as currently draft- tion. which is not subject to regulation by EPA. ed, could hamper congressional efforts Mr. President, I ask unanimous con- Mr. LAUTENBERG. My view is that to protect the public from cancer-caus- sent that Senator BRADLEY from New protecting our citizens from avoidable ing agents. Let me explain why. Jersey and Senator BOXER from Cali- risks is an essential responsibility of Some of my colleagues might say fornia be listed as cosponsors of this government. It is an obligation which that once the EPA determines some- legislation. State and local government must ac- thing to be a group A carcinogen, there The PRESIDING OFFICER. Without cept and discharge—even if the Federal would be a broad consensus to protect objection, it is so ordered. Government does not pay all the costs children from it. But that is not the Mr. LAUTENBERG. I yield the floor. of doing so. case at all. The PRESIDING OFFICER. Who On another level, though, I recognize Consider the case of radon. Radon, an yields time? invisible, toxic gas, is very threaten- that States and cities are often unable Mr. KEMPTHORNE. Mr. President, I ing. Radon is one of the most serious to afford the cost of Federal mandates. suggest the absence of a quorum, and I environmental health risks facing the They need the flexibility to set their ask unanimous consent that the time country. In my State, radon is the own priorities and implement Federal that we are in a quorum call be equally mandates efficiently. There is a com- most prevalent environmental cause of cancer. Nationwide studies show ele- charged to both sides. monsense appeal to this statement. The PRESIDING OFFICER. Is there But we must also recognize that vated radon levels in 25 percent of our objection? problems which cross State borders can homes and in 20 percent of our schools. Mr. LAUTENBERG. Mr. President, I only be effectively addressed at the Radon testing and mitigation are rel- will not object, but I must note that Federal level. atively inexpensive. Still, because this Pollution, for example, knows no problem is so widespread, a mandate to the time that I used was because I was State borders. If each State develops test for and reduce radon levels in here and prepared to speak on the its own pollution policy, some States schools would certainly pass the $50 amendment. will adopt stricter laws than others. As million threshold contained in S. 1. I hope that my colleague from Ken- a result, a State with strong environ- Last year, I offered, and the Environ- tucky is ready to speak. mental laws, such as New Jersey, ment and Public Works Committee re- Mr. FORD addressed the Chair. might fall victim to pollution from a ported, a bill to do radon testing in The PRESIDING OFFICER. The Sen- nearby State with weaker standards. schools. It was never considered on the ator from Kentucky. The cost of dealing with this foreign floor of the U.S. Senate. And one of the Mr. FORD. Mr. President, will the pollution would be unfairly borne by reasons is was not, was because some distinguished Senator from Idaho yield New Jersey taxpayers. objected to the cost that would have to me at least 5 minutes? During the last few weeks, I have dis- be assumed if tests revealed unaccept- Mr. KEMPTHORNE. Mr. President, I cussed the problem of State shopping able levels of radon. am more than happy to yield 10 min- that might result from this bill. With a S. 1 would institutionalize those con- utes to the Senator from Kentucky. patchwork of differing standards across cerns and roadblocks. It would tie our The PRESIDING OFFICER. The Sen- the States, why wouldn’t companies hands and prevent us from passing leg- ator from Kentucky. build factories in States with the least islation that requires radon testing and Mr. FORD. That is probably twice stringent environmental standards? In mitigation in schools. Someone would what I will need. I usually like to work order to remain competitive, why argue that radon is just a medium-risk and not talk. wouldn’t States with higher standards, hazard. And, as a result, progress in the Mr. President, the amendment of- lower them? This dangerous race to the fight against radon-related disease fered by my colleague from New Jersey bottom would lower the quality of life would be threatened. After smoking, is unwise. Since the proposed amend- for all Americans. And I believe the radon is the second leading cause of ment would give the Environmental S 1534 CONGRESSIONAL RECORD — SENATE January 25, 1995 Protection Agency authority in decid- sofa cushions, linoleum and lawn chemicals. ENVIRONMENTAL PROTECTION AGENCY, ing what causes are worthy of exemp- It is used in 85 percent of all pesticides, puri- Washington, DC, January 25, 1995. tion from this bill, I feel it deserves fies 98 percent of all U.S. drinking water, and Hon. FRANK LAUTENBERG, closer attention than could be afforded directly affects 1.3 million American jobs. U.S. Senate, Washington, DC. DEAR SENATOR LAUTENBERG: I applaud a floor amendment on an unrelated Chlorine is so important, in fact, that it is used in 60 percent of all chemical trans- your effort to ensure there is no hindrance to bill. The amendment before the Senate Environmental Protection Agency regu- is a powerful amendment. It adds to a actions—which amounts to 40 percent of our total gross national product. latory actions to limit human exposure to list of special exemptions for items Group A carcinogens. that are so important to the fabric of Guess which product is likely to get Group A carcinogens are, as explained at our Nation that they should receive on EPA’s unofficial group A list? Chlo- length in EPA’s Risk Assessment Guidelines, preferential treatment. rine. The EPA stated last year that it those which have in fact caused cancer in hu- I question why we should give an should ‘‘develop a national strategy for mans. Group A classification does not derive agency whose credibility is in such subjecting, reducing, or prohibiting the from laboratory studies and inferences, as- question. I am not the first to raise the sumptions, or other uncertainties; these are use of chlorine and chlorinated com- substances which have resulted in cancer. issue of the EPA falling down on the pounds.’’ When actions are needed to effectively limit job. By some people’s judgment, if it Mr. President, to me this proves we exposure to these substances, EPA should be was not for rash and politically moti- should not give the EPA this new au- able to move expeditiously to do so. vated regulations and decisions by the thority, and should not by our actions Your amendment would provide an exemp- EPA, we might not even need the un- condone its behavior. tion from the procedural and other require- funded mandates bill. ments of S. 1 that could delay or prevent Mr. President, I yield the floor. Congressional or other actions to limit expo- I have a report here that outlines the Mr. LAUTENBERG. Mr. President, problems at the EPA. It is called sure to known human carcinogens. how much time is remaining? ‘‘Safeguarding the Future: Credible Sincerely, CAROL M. BROWNER. Science, Credible Decisions.’’ It was The PRESIDING OFFICER. Eight produced by an expert panel on the role minutes and 56 seconds. Mr. LAUTENBERG. I just say this to of science at EPA. The reason that the Mr. LAUTENBERG. I ask the man- the distinguished minority whip, and EPA needed such a report was simple: ager of the bill at this point whether that is that chlorine is now under ques- The agency has been unable to base its there are additional speakers? tion review. Despite its omnipresence, actions on unpoliticized science. Its Mr. KEMPTHORNE. Mr. President, we know the material is used effec- findings are nothing short of startling. in response to my friend from New Jer- tively all over. But we do not know the Furthermore, the EPA is not even sey, no. I would have a quick comment full health effects. It is, I think, appro- sure what is a class A carcinogen. I at the conclusion of this. I think that priate to review it. submit a letter from the EPA that will be all the speakers tonight. I think back to the days when asbes- states that putting an ‘‘exact number Mr. LAUTENBERG. Mr. President, I tos was used for installation in every of chemicals on this unofficial ‘A’ list yield myself such time as I need, and in conceivable type of product: Wallboard, is tricky * * *.’’ Some chemicals are the interest of trying to reduce this de- ceilings, pipes, et cetera. Then one day a terrible discovery was made. That grouped with others, some don’t appear bate to its shortest possible period I was that asbestos is, in fact, cancer- on EPA’s risk hotline called IRIS, with want to respond to the distinguished causing material. There have been law- this kind of information coming out of Senator from Kentucky by just saying the EPA, we have no idea what this suits that confirm that. Lots of people that I understand why he is raising whose health was injured and, as a amendment could lead to down the those questions. Certainly there is a road. matter of fact, their lives terminated. lot there that can be questioned. So the fact that something has been Mr. President, I ask unanimous con- In this case, Mr. President, I, too, sent that a letter from the U.S. Envi- used extensively does not mean, of have a letter and I assume it is not the ronmental Protection Agency dated course, that it is, therefore, acceptable same letter that the Senator from Ken- June 21, 1994, to my office, be included from a science or health-based review. tucky submitted for the RECORD be- in the RECORD at this point. I conclude, Mr. President, and would There being no objection, the letter cause he ascribed a June date to that yield the floor at this moment. If there is ordered to be printed in the RECORD, and this letter is January issue. It is is no further discussion I would be as follows: addressed to me from Miss Browner, happy to yield back the balance of my who is the Administrator of the EPA, time, but that depends on what hap- U.S. ENVIRONMENTAL PROTECTION AGENCY, and she says—and I will put the full pens with the opponents’ statement. Washington, DC, June 21, 1994. letter in the RECORD: Mr. KEMPTHORNE. Mr. President, I To: Matthew Rapp. Group A carcinogens are, as explained at appreciate the concern that my friend From: Jeanette A. Wiltse, Ph.D., Deputy Di- length in EPA’s Risk Assessment Guidelines, from New Jersey has expressed. I enjoy rector, Office of Health and Environ- those which have, in fact, caused cancer in serving on the Environment and Public mental Assessment (8601). humans. Group A classification does not de- Works Committee with him. I know of Re: EPA Classification of Suspected Carcino- rive from laboratory studies and inferences, his sincerity in this issue. I appreciate gens. assumptions or other uncertainties. These his concerns about class A carcinogens Attached is the information that you re- are instances which have resulted in cancer. quested on substances identified by EPA as and I share that concern. I may vote Class A carcinogens. We have provided both That is a pretty specific statement. with my friend from New Jersey to use and health effects information. When actions are needed to effectively waive a point of order on this when and Please be aware that the exact number of limit exposure to these substances, if it comes to the floor. However, I do chemicals on this unofficial ‘‘A’’ list is EPA should be able to move expedi- not support the amendment. tricky depending on how they are grouped. For example, we have the issue of Often you will see just nickel listed, while on tiously to do so. She goes on further to say, ‘‘Your radon on safe drinking water. What IRIS two nickel compounds are listed sepa- was the cost of that? Some estimate rately. Also, you may see radionuclides and amendment would provide an exemp- $10 billion. But should we know that radon listed separately or just radon men- tion from the procedural and other re- cost up front? Was there a less costly tioned as a catch-all for the whole group. As quirements of S. 1 that could delay or alternative? This is exactly the pur- you know, there are at least 300 different prevent congressional or other actions radionuclides. pose of Senate bill 1, to provide this If you need additional information please to limit exposure to known human car- process so that the issues that have call me at 202–260–7315. cinogens,’’ signed Carol M. Browner, been raised concerning this amend- Mr. FORD. Mr. President, a prime ex- Administrator for EPA. ment can be brought to the floor to ample of what could happen is chlorine. I ask unanimous consent that this allow informed debate, accountability. Chlorine, according to a recent news- letter be printed in the RECORD. And I believe that a complete exemp- paper article: There being no objection, the letter tion not only prevents us from know- * * * is found in such diverse products as is ordered to be printed in the RECORD, ing cost but prevents us from agreeing Teflon, compact discs, photographic film, as follows: if, in fact, a waiver is deserved. Again, January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1535 there may be a time in the future that Mr. President, I believe the modifica- fined to mean aggregate estimated I would support him in seeking a waiv- tion is at the desk now. amounts, there really is no need for the er of the point of order, but I cannot The amendment, with its modifica- word ‘‘estimated’’ to be used elsewhere support the idea of an exemption. So tion, is as follows: in the bill with the term ‘‘direct we could never get to that part of the On page 14, line 19 strike ‘‘expected’’. costs.’’ Therefore, this amendment process. On page 22, line 12 strike ‘‘estimated’’. strikes such usage. I suggest the absence of a quorum. On page 22, line 22 strike ‘‘estimated’’. This side of the aisle is ready to ac- The PRESIDING OFFICER. The On page 23, line 2 strike ‘‘estimated’’. cept this amendment. Again, we appre- clerk will call the roll. On page 23, line 5 strike ‘‘estimate’’ and ciate the Senator from Michigan for The clerk proceeded to call the roll. ‘‘full’’. On page 24, line 8 strike ‘‘estimated’’. his efforts. Mr. LAUTENBERG. I ask unanimous On page 24, line 15 strike ‘‘estimated’’. Mr. GLENN addressed the Chair. consent that the order for the quorum Mr. LEVIN. Mr. President, I think it The PRESIDING OFFICER. The Sen- call be rescinded. is also required that I ask unanimous ator from Ohio. The PRESIDING OFFICER. Without consent that the Senate return to con- Mr. GLENN. Mr. President, once objection, it is so ordered. sideration of amendment No. 177. again, I think the Senator from Michi- Mr. LAUTENBERG. Mr. President, I The PRESIDING OFFICER. Without gan has shown his dedication to mak- ask the manager of the bill whether he objection, it is so ordered. ing this a good piece of legislation by is going to ask for the yeas and nays Mr. LEVIN. Mr. President, this going into some of the details and de- for the purpose of tabling the motion. amendment may seem like a technical fining before we pass this, and correct- If that is the end of the discussion, I amendment, but it has substantive ing some of the things that might give am happy to yield back the remainder ramifications to it. There are eight trouble a little later on or that could of my time. places in the bill where the term ‘‘di- be misinterpreted. Mr. KEMPTHORNE. Mr. President, rect costs’’ is used, and that is a very I want to congratulate him on that, an inquiry. Is it now in order for me to critical term in the bill. But in five of and I am glad it has been accepted on move to table the amendment? those eight instances, there are some the other side. We are happy to accept The PRESIDING OFFICER. The Sen- adjectives which are used which con- it on this side, also. ator from New Jersey has yielded back fuse the bill. For instance, sometimes The PRESIDING OFFICER. Is there his time. It would be in order for the it is referred to as ‘‘estimated direct further debate? If not, the question is Senator to do so. costs,’’ even though the word ‘‘esti- on agreeing to amendment No. 177, as Mr. LAUTENBERG. Mr. President, I mate’’ is already in the definition of di- modified. yield back the remainder of my time. rect costs in the definition section. The amendment (No. 177), as modi- Mr. KEMPTHORNE. I move to table Once it is referred to as ‘‘expected di- fied, was agreed to. the amendment and I ask for the yeas rect costs.’’ Another time it is referred Mr. KEMPTHORNE. Mr. President, I and nays. to as ‘‘full direct costs,’’ which raises move to reconsider the vote by which The PRESIDING OFFICER. Is there a an implication about, well, on those the amendment was agreed to. sufficient second? other occasions when you refer to di- Mr. GLENN. I move to lay that mo- There is a sufficient second. rect costs, are they something other tion on the table. The yeas and nays were ordered. than full direct costs. The motion to lay on the table was Mr. GLENN. Mr. President, just to So in order to clear up these ambigu- agreed to. make this certain so that everybody ities and potential problems with those Mr. KEMPTHORNE. Mr. President, I knows and they know it in the offices times direct costs is referred to in the suggest the absence of a quorum. also, it was understood that the vote bill, this amendment strikes the adjec- The PRESIDING OFFICER. Will the on this would occur in the morning, if tives which I have indicated which are Senator withhold for a moment? a rollcall vote is requested. in the amendment and just simply Mr. KEMPTHORNE. Mr. President, I The PRESIDING OFFICER. That is leaves the words ‘‘direct costs.’’ That withhold. correct, the agreement was that the would then be as defined in the defini- vote will be not prior to 10 in the morn- tion section of the bill. f ing. If the Senator would propound a I understand that the floor managers unanimous-consent in that regard. will accept this amendment. It is, HOW TO BALANCE THE FEDERAL Mr. GLENN. Mr. President, I ask to frankly, a good reason why it is impor- BUDGET set the pending amendment aside. tant that we take some time to make Mr. GRAMM. Mr. President, we have The PRESIDING OFFICER. Without sure this bill is as clear as can possibly heard recently requests from a number objection, it is so ordered. be achieved, and while there has been of colleagues and the President for an Mr. LEVIN. I suggest the absence of some suggestion by some that there explanation of exactly how those of us a quorum. has been an effort to delay this bill, who support the balanced budget The PRESIDING OFFICER. The there is no effort that I know of to amendment to the Constitution pro- clerk will call the roll. delay this bill. The effort is being made pose to achieve that goal after the The legislative clerk proceeded to to improve this bill in a number of very States have ratified the amendment. call the roll. important ways, to clarify the bill Frankly, the demand for details has Mr. LEVIN. Mr. President, I ask where there are ambiguities, and this come from some of the same individ- unanimous consent that the order for is one instance where there are ambi- uals who opposed the balanced budget the quorum call be rescinded. guities which need to be cleared up. constitutional amendment when it was The PRESIDING OFFICER (Mr. I believe the managers of the bill considered last year and it is my belief GRAMS). Without objection, it is so or- concur in this and, if so, this does not that no matter how detailed a plan was dered. require a rollcall vote, as far as I am presented, they would find fault with AMENDMENT NO. 177, AS MODIFIED concerned. I yield the floor. it. (Purpose: To clarify use of the term ‘‘direct The PRESIDING OFFICER. Is there However, I do believe it is worth cost’’) further debate? demonstrating to my inquiring col- Mr. LEVIN. Mr. President, I first ask Mr. KEMPTHORNE addressed the leagues that there is a specific, legisla- unanimous consent that I be allowed to Chair. tive path that we can follow in order to modify amendment No. 177. The PRESIDING OFFICER. The Sen- balance the Federal budget—S. 149, the The PRESIDING OFFICER. Is there ator from Idaho. Balanced Budget Implementation Act, objection? Without objection, it is so Mr. KEMPTHORNE. Mr. President, which I introduced on January 4 of this ordered. The amendment is so modi- we view this as a technical amendment year, the first day of the 104th Congress fied. which eliminates several redundancies and which I originally introduced on Mr. LEVIN. I thank the Chair. I be- in the language of the bill, as the Sen- February 16, 1993, as S. 377. lieve the majority has a copy of that ator from Michigan pointed out. Be- The legislation outlines the proce- modification. cause the term ‘‘direct costs’’ is de- dures necessary to bring the Federal S 1536 CONGRESSIONAL RECORD — SENATE January 25, 1995 budget into balance, including such re- Specifics GR sequester mechanism will become perma- forms as a requirement that the annual Such point of order can be waived only by nent to ensure the budget stays in balance. budget resolution be signed into law by the affirmative vote of 3/5ths of the whole (B) Strengthen the GR points of order: The the President, the implementation of membership of each House. Appeals of the Balanced Budget Implementation Act re- ruling of the Chair on such points of order quires the strengthening of the existing GR zero-based budgeting which requires budget points of order. the reauthorization of most current also require a 3/5ths affirmative vote of the whole membership of each House. Specifics Federal spending programs in order for A 3/5ths point of order shall lie against any them to remain eligible for funding; A point of order will lie against all actions authorization that is contained in an appro- that 1) increase the deficit or 2) increase the the application of the Social Security priation bill. limit on national debt held by the public be- spending formula to other entitlement (C) All discretionary programs and un- yond the deficit levels required in Section A programs; and an extension to the year earned entitlements must be reauthorized & B (above). This point of order will lie in 2002 of the limits placed on discre- every ten years: In the first session of the both Houses, and may be waived only by a tionary spending. These requirements Congress which follows the decennial Census 3/5ths vote of the whole membership of each will be enforced with 60-vote points of reapportionment, the spending authority for House. An appeal of the point of order can all unearned entitlements and the most ex- only be waived by a 3/5ths vote. No rule in ei- order and other mechanisms. pensive one-third of all discretionary pro- This is the path to a balanced budget. ther House can permit waiver of such a point grams will expire for the fiscal year that be- of order by less than 3/5ths affirmative vote I hope those of my colleagues who have gins in that session. In the second session of of the whole membership of such House nor requested such guidance will join me in that Congress, the spending authority for the can such point of order be waived for more following it. remaining discretionary programs will ex- than one bill per vote on such point of order. I ask unanimous consent that a more pire for the fiscal year that begins in that Once the budget is balanced, all points of detailed explanation of the legislation session. This provision will be enforced by order will become permanent to ensure the be printed at the conclusion of my re- the points of order contained in Section B) budget stays in balance. above. marks. (C) Protect Social Security: Social Secu- There being no objection, the expla- TITLE 3.—LIMIT THE GROWTH OF ENTITLEMENTS rity will be protected fully by 1) preserving TO THE GROWTH RATE OF SOCIAL SECURITY the existing points of order to protect the nation was ordered to be printed in the (A) The Balanced Budget Implementation Social Security trust fund; an 2) providing RECORD, as follows: Act adopts President Bush’s proposal to expedited procedures in 2002 for consider- BALANCED BUDGET IMPLEMENTATION ACT— limit the aggregate growth of all entitle- ation of additional legislation to balance the OUTLINE ments other than Social Security to the budget excluding the Social Security Trust (By Senator Phil Gramm) growth rate formula of Social Security for Fund. the period FY 1996 to FY 2002: The aggregate (D) Extend the Discretionary Spending A bill to require and implement a balanced growth of all entitlements other than Social Caps: President Clinton proposed extending budget by the year 2002. Security is limited to the growth rate for- the existing caps on total discretionary TITLE 1.—REQUIRE A JOINT BUDGET RESOLUTION mula of Social Security, which is the budget authority and outlays to cover the TO FORCE JOINT ACTION BETWEEN CONGRESS consumer price index and the growth in eli- fiscal years 1999 and 2000. That cap will be AND THE PRESIDENT gible population. extended to also apply to the fiscal year 2001 (A) Joint resolution on the Budget: To (B) The Balanced Budget Implementation and 2002, at the same level of President Clin- remedy the lack of cooperation and coordi- Act provides flexibility in the growth rate of ton’s proposed extension. nation between the President and Congress entitlement programs: An individual entitle- Outlays resulting from the Congressional Budget and ment program can grow faster than the over- Fiscal year: Billions Impoundment Control Act of 1974 which cre- all entitlement cap as long as the aggregate 1998 ...... $542.4 ated two budgets—one Executive and one growth in all entitlements (other than Social 1999 ...... 542.4 Congressional—the Balanced Budget Imple- Security) does not exceed the entitlement 2000 ...... 542.4 mentation Act converts the present concur- cap. 2001 ...... 542.4 rent resolution on the budget into a joint (C) From FY 1996 to FY 2002, the aggregate 2002 ...... 542.4 resolution on the budget which must be spending growth cap on entitlements will be signed by the President, ensuring joint Con- enforced by an entitlement sequester: The (E) Look Back Sequester: In the last quar- gressional and Executive branch consensus Balanced Budget Implementation Act pro- ter of every fiscal year, a ‘‘look back’’ se- on and commitment to each annual budget. vides that if aggregate spending growth in questration is required to eliminate any ex- cess deficit for the current year. This look TITLE 2.—ZERO-BASED BUDGETING & DECENNIAL entitlements exceeds the total growth in back sequester will guarantee that the ac- SUNSETTING consumer prices and eligible population, an across-the-board sequester to eliminate ex- tual deficit target set for that year is (A) For FY 1996 and FY 1997, Congress must cess spending growth will occur on all enti- achieved. re-authorize all discretionary programs and tlements other than Social Security. A 3/5ths all unearned entitlements: The Balanced Specifics vote point of order lies against any effort to Budget Implementation Act adopts Presi- On July 1 of every fiscal year, the Office of exclude any entitlement from this sequester. dent Carter’s zero-based budgeting concept, Management and Budget (OMB) will order an This sequester would be in effect until Con- mandating that before FY 1996 begins, the initial look back sequester based on the gress passes legislation which brings the en- spending authority for all unearned entitle- most recent OMB deficit estimates. On July titlement program back within the cap, and ments, and the spending authority for the 15, the OMB Mid-Session Review will update the President signs the bill. most expensive one-third of discretionary and finalize the sequester order. The final programs will expire. Entitlements earned TITLE 4.—ESTABLISH FIXED DEFICIT TARGETS, order will stay in effect unless offset by ap- by service or paid for in total or in part by RESTORE AND STRENGTHEN GRAMM-RUDMAN, propriate legislation to bring the deficit into assessments or contributions shall be AND REQUIRE A BALANCED BUDGET BY 2002 compliance with that year’s target. deemed as earned, and their authorization (A) Restore the fixed deficit targets of f shall not expire. Entitlements not sunsetted Gramm-Rudman (GR) enacted by President include Social Security, veterans benefits, Reagan: The Balanced Budget Implementa- APPOINTMENTS BY THE MINORITY retirement programs, Medicare and others. tion Act modifies the existing GR maximum LEADER Before FY 1997, the spending authority of the deficit amounts and extends the GR seques- remaining discretionary programs will ex- ter mechanism to balance the budget by The PRESIDING OFFICER. The pire. FY2002 and annually thereafter. Chair, on behalf of the minority leader, Specifics The Fixed deficit targets established for pursuant to Senate Resolution 105, the next seven fiscal years will result in a By the beginning of FY 1997, all unearned adopted on April 13, 1989, as amended balanced budget by the fiscal year 2002: entitlements and discretionary programs by Senate Resolution 280, adopted Oc- will be subject to re-authorization. If a spe- Fiscal year: Billions tober 8, 1994, announces the following cific unearned entitlement or discretionary 1996 ...... $145 appointments and designations to the program is not re-authorized in a non-appro- 1997 ...... 120 Senate Arms Control Observer Group: priations bill, it cannot be funded and will be 1998 ...... 97 The Senator from West Virginia [Mr. terminated. 1999 ...... 72 2000 ...... 48 BYRD] as minority administrative co- (B) Unauthorized programs cannot receive chairman; and appropriations: The Balanced Budget Imple- 2001 ...... 24 mentation Act creates a point of order in 2002 ...... 0 The Senator from Georgia [Mr. NUNN] both Houses against any bill or provision The new maximum deficit amounts will be as cochairman for the minority. thereof that appropriates funds to a program enforced by the existing GR deficit seques- Mr. GLENN. Mr. President, I suggest for which no authorization exists. ter. After reaching a balanced budget, the the absence of a quorum. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1537

The PRESIDING OFFICER. The the RECORD tonight. Perhaps we can my 20 years here, I have never seen ac- clerk will call the roll. get this thing really moving tomorrow, tions like that, where the minority was The legislative clerk proceeded to and it will not be necessary. But in denied a report. call the roll. order to deal with the time require- I know I chaired the Committee on Mr. LOTT. Mr. President, I ask unan- ments, it was essential we put the clo- Governmental Affairs for some 8 years, imous consent that the order for the ture motion down at this time. and the only time we ever sent a bill to quorum call be rescinded. The PRESIDING OFFICER. The Sen- the floor without a report was with the The PRESIDING OFFICER. Without ator from Ohio. complete acceptance of that move by objection, it is so ordered. Mr. GLENN. Mr. President, the hour the minority. So I think the first 5 f is late. I do not plan to debate this. In days we can mark off as being days, fact, there is no debate on a cloture rancorous though they were here on CLOTURE MOTION motion, obviously. It can be filed at the floor, that were caused by the at- Mr. LOTT. Mr. President, I send a any time. tempt to bypass the normal procedures cloture motion to the desk. I am sorry it has to be filed or the of the Senate. The PRESIDING OFFICER. The clo- majority feels it has to be filed in that I think with all that behind us, we ture motion having been presented I think we have had a very productive are back on track now. We are dealing under rule XXII, the Chair directs the day here. We have worked very hard all with this. I want to move as forcefully clerk to read the motion. day today. I just asked staff to total up and as fast as possible. We had a good The legislative clerk read as follows: what we had done today. We had five day yesterday. I do not have a sum- CLOTURE MOTION amendments accepted, one was with- mary of what happened yesterday, but We the undersigned Senators in accordance drawn, and one was set aside. In that today we have had 11 effective actions with the provisions of rule XXII of the breakdown of five that were accepted, and I just hope we can continue moving Standing Rules of the Senate do hereby three were Democratic ones and two tomorrow and I hope we do not have to move to bring to a close debate on S. 1, the Republican. We had one amendment exercise a cloture motion. I just want- unfunded mandates bill: debated that was put over for vote to- ed to spell that out. Bob Dole, Dirk Kempthorne, Bill Roth, morrow, and that vote will occur to- The PRESIDING OFFICER. The act- J.M. Inhofe, Paul D. Coverdell, Bill Frist, Slade Gorton, Olympia Snowe, morrow morning. And we had three ing majority leader. Spencer Abraham, Rick Santorum, Bob amendments tabled. Mr. LOTT. Mr. President, I want to Smith, Jon Kyl, Dan Coats, Craig That is 11 effective actions on this say again I know the distinguished Thomas, Conrad Burns, Phil Gramm, bill today. I think that is rather good Senator from Ohio has worked very Thad Cochran, Mitch McConnell, Rich- progress. I would say to my friend from hard to try to move it forward. I know ard Shelby, Fred Thompson. Mississippi —we will not go into the it has not been easy. I know he worked The PRESIDING OFFICER. The act- whole litany of how we got to where we on it last year and great progress was ing majority leader. are—but we lost the first several days made last year. That effort made it Mr. LOTT. Mr. President, although working on this bill basically because possible for us to have a bill this early progress has been made today, there of what happened in committee, where in this session. I acknowledge that, and are still approximately 30 amendments we had actions taken in committee to I want to take this opportunity on be- on the list to be considered. The man- speed this to the floor that prohibited half of all his colleagues to commend agers say many of those approximately any amendments. We were guaranteed him, and certainly our distinguished 30, at least some of them, will not be once this reached the floor there would colleague from Idaho, Senator offered. But until they are formally be plenty of time for all the amend- KEMPTHORNE, who has really been very stricken from the list, there is still the ments, to take them up on the floor. diligent in trying to work through this, risk they could each be called up. The Now we get to the floor and the at- also. majority leader has made it very clear. tempt is made to restrict or at least But I do want to point out a couple of He has been very patient in trying to discourage amendments from coming things. This is the 9th day that we have work through this bill and the amend- up. That violates at least the spirit of been on this bipartisan, I thought rel- ments thereto. The bill’s managers cer- what we were told in committee. atively noncontroversial, bill. There tainly have been working very assidu- In committee also, the action there have been some actions that have been ously to try to reduce the amendment that caused us to lose quite a bit of taken that have added some language list and bring this to closure. time was the action wherein there was to the bill. I believe the Senator would Also, the leader has made it clear he not a committee report sent. For those say he has made some improvements as intends for us to complete this bill this who are not familiar with how impor- he has gone along. week. In order to do that we have to tant a committee report is, it is what Mr. GLENN. Will the Senator yield? work through this list, either have in layman’s language explains to all Mr. LOTT. Sure. them stricken or acted on. If we do not the Senators and their staffs what the Mr. GLENN. As I pointed out a mo- get them completed tomorrow at a rea- technical legalese language is in the ment ago, 9 days is correct that we sonable time, then it would go beyond bill itself. So on something like this have been on this bill. The first 5 days that. that really is landmark legislation, we lost, as far as effective action on I understand there are only a few is- that report was very important. We ob- the bill goes, because of what happened sues that still really need to be re- jected to the bill being filed without in the committee and the speed of put- solved. However, if they cannot be re- the report. We were voted down on ting in the bill in the Senate one day, solved amicably then it may be nec- that, and that was the issue that Sen- having a hearing the next day, the essary to close off debate. If cloture is ator BYRD took up—and quite success- markup the third day, no report, and invoked, I am not sure exactly how fully. On that issue alone, we spent over our objections in the minority. We many of these amendments are not ger- some 2 or 21⁄2 days. had repeated votes in committee, and mane, but those that are not germane Then we are finally told we can get it was a wrangle over that here on the would then be dealt with through the the report, but then when the time floor—my distinguished colleague from cloture motion and we could move on came for the report to be filed it was West Virginia was involved. It was that to the remaining amendments. not filed and we lost another day. Then wrangle on the floor about the filing of If going through cloture appears to we found out the Budget Committee, reports that were not filed when they be necessary tomorrow afternoon, it which also has jurisdiction over this, were supposed to be, even after agree- will be agreeable to this side of the had not filed their report and that took ment they would be filed—it was that aisle to waive the intervening day and another day. issue alone that caused us to lose the have the cloture vote tomorrow. But I So about the first 5 days, in fact the first 5 days. know there would be discussion be- first week that this legislation was up, The last 4 days, where we have really tween the majority leader and the mi- I submit we lost that time basically be- been operating on this bill, especially nority leader before that would be cause of the actions that were taken in the last 2 days, we have made excellent done. I just wanted to put that out on committee that I have never seen—in progress. As I said—we read off the list S 1538 CONGRESSIONAL RECORD — SENATE January 25, 1995 that we had today—we have had 11 ef- they did not occur until late on Tues- Mr. LOTT. Mr. President, I will have fective actions on this bill today. day to accommodate a lot of Senators. a final closing statement, unless any Mr. LOTT. Mr. President, if the Sen- We do not blame anybody for that. other Senator would like to be heard at ator will yield on that, when you say 11 Those things happen. A compassionate this time. effective actions, do you mean 11 leader would always honor that. f amendments? Or seven amendments? There are arguments on both sides. How many amendments were disposed But I think the leader wanted to make MEASURES PLACED ON THE of? sure that he took action to try to deal CALENDAR Mr. GLENN. As I said a while ago, with this problem. For instance, if The following measure was read the Mr. President, we had accepted five maybe we could get some information first and second times by unanimous amendments; there were three on the as to how many of these amendments consent and placed on the calendar: Democratic side and two on the Repub- will be stricken from the list, that S. Res. 73. An original resolution authoriz- lican side that were accepted—effective would help. I understand that has not ing biennial expenditures by committees of actions. We had one that was with- been available. If it is not approxi- the Senate. drawn. We had one that was set aside. mately 30, if in fact it is 15, then that f We had one that was debated with the would make a lot of difference. vote to occur tomorrow, and three were Mr. GLENN. The Senator is abso- EXECUTIVE AND OTHER tabled. That is 11 effective actions, as I lutely correct. I agree with that. We COMMUNICATIONS total them up. have already asked that be checked on The following communications were So we are moving on this, is my our side to see how many will probably laid before the Senate, together with point. I know cloture has been filed. not be called up so we will know what accompanying papers, reports, and doc- This is not the time to debate cloture. is on the list. There are serious amend- uments, which were referred as indi- I just want to balance all of the ments left. And I am hoping the same cated: blame we have been getting and the thing can be done on the Republican heat around us over here. I think it is side so we can combine things and EC–244. A communication from the Direc- not justified. At least the first 5 days maybe start getting some time agree- tor of the Congressional Budget Office, transmitting, pursuant to law, the report on that this was on the floor were not ef- ments and so on. unauthorized appropriations and expiring au- fective days for other reasons. They Just one further statement on this. thorizations dated January 15, 1995; to the were noneffective days because of what One of the reasons I think there were Committee on Appropriations. happened in committee, which I think some amendments filed on this is be- EC–245. A communication from the Under was unwarranted. cause when people finally had a chance Secretary of Defense, transmitting, pursuant Mr. LOTT. Mr. President, I certainly to read the reports and understand to law, the report of a violation of the understand what the Senator has said. what was in the legislation, they had Antideficiency Act, case number 93–16; to the I would like to note that, while I think some concern about it. So they started Committee on Appropriations. EC–246. A communication from the Deputy progress was made today, we would all filing their amendments. These have Assistant Secretary of the Air Force, trans- acknowledge that, at that pace, since been substantive amendments which mitting, pursuant to law, notice of a cost we dealt with I guess 5 amendments we have been considering. comparison of base operating support; to the today, on that basis it would still take Mr. LOTT. Does the Senator mean Committee on Armed Services. us another 5 or 6 days with approxi- today or yesterday? EC–247. A communication from the Chair mately 30 amendments pending. Even Mr. GLENN. Most of them yesterday of the Defense Environmental Response Task though we made good progress, if we and today. The ones that Senator Force, Under Secretary of Defense, transmit- ting, pursuant to law, the annual report for are able to dispose of five or six a day, LEVIN put in and several others here fiscal year 1994; to the Committee on Armed this thing could keep going on down today. Some not dealing directly with Services. the line. Certainly in the first couple of this would have been accepted in com- EC–248. A communication from the Deputy days a lot of discussion was delivered mittee. I grant that. But I think be- Secretary of Defense, transmitting, pursuant or exchanged on reports. cause we finally got the report people to law, a report relative to the B-1 Conven- I point out that objection was heard, had a chance to look at it and under- tional Mission Upgrade Program; to the and an effort was made to get the re- stand what was in the bill. That is one Committee on Armed Services. ports filed. I have before me the two re- reason we had so many amendments. EC–249. A communication from the Deputy ports. In fact, the report from the Gov- Had we been permitted to do this in Secretary of Defense, transmitting, pursuant to law, the report of the Advisory Board on ernmental Affairs Committee was committee, I think there would not be the Investigative Capability of the Depart- available on the 12th of January. That nearly the number of amendments ment of Defense; to the Committee on Armed is a Thursday. It is 45 pages long. I am when we got to the floor. Services. sure the Senators have had more than Mr. LOTT. One response, if I could, I EC–250. A communication from the Presi- ample time to review that in these suc- understand. Like the Senator from dent and Chairman of the Export-Import ceeding days. Then the report from the Ohio, I do not want to go on at great Bank, transmitting, pursuant to law, the re- Budget Committee was available on length. A lot of these amendments in port on a transaction involving U.S. exports Friday the 13th. There are 38 pages that long list of about 100 certainly to Tunisia; to the Committee on Banking, Housing, and Urban Affairs. there. Certainly there was time to re- were not germane and not relevant to EC–251. A communication from the Presi- view that. this bill. We spend a lot of time on both dent and Chairman of the Export-Import So the objection was made, and the sides on things like history standards, Bank, transmitting, pursuant to law, the re- reports then were printed and made the abortion clinic violence, and maybe port on a transaction involving U.S. exports available in a way that everybody the pornography—a lot of amendments to Russia; to the Committee on Banking, could have a chance to review them. I in which it would be a huge leap to say Housing, and Urban Affairs. want to make sure that point is made, that they really were urgent right now EC–252. A communication from the Direc- that the reports have been available and that they were really relevant to tor of the Export-Import Bank, transmit- ting, pursuant to law, the report on a trans- now for 12 or 13 days. this bill. But I think maybe we have action involving U.S. exports to Indonesia; Then also just one other point. Talk- been through that exercise and now we to the Committee on Banking, Housing, and ing about the time lost the first couple are down to really trying to deal with Urban Affairs. of days, I think it is fair to note that the amendments that have been offered EC–253. A communication from the Presi- the majority leader properly and be- that really are of concern. dent and Chairman of the Export-Import cause of his appreciation for the family I hope maybe we can complete that, Bank, transmitting, pursuant to law, the re- and the need for various Senators to and maybe in the spirit that the distin- port on a transaction involving U.S. exports attend a funeral earlier this week, we guished Senator from Ohio was exhibit- to Australia; to the Committee on Banking, Housing, and Urban Affairs. in fact did not have any votes. There ing here tonight we will move right EC–254. A communication from the Sec- was not a lot of action on Monday even along tomorrow and be able to bring it retary of Commerce, transmitting, pursuant though we were scheduled to have to a conclusion. to law, the Bureau of Export Administra- votes any time after 4 p.m. In fact, Mr. GLENN. We will do our best. tion’s annual report for fiscal year 1994; to January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1539 the Committee on Banking, Housing, and servation, and Trade Act of 1990, and for make this a unique place. And I think Urban Affairs. other purposes; to the Committee on Agri- we all want to make sure we keep it EC–255. A communication from the Sec- culture, Nutrition, and Forestry. forever. retary of the Federal Trade Commission, By Mr. D’AMATO: transmitting, pursuant to law, the report of S. 276. A bill to provide for criminal pen- That is why today, I am introducing sales and advertising expenditures data for alties for defrauding financial institutions the Old Faithful Protection Act of 1995. calendar years 1992 and 1993; to the Commit- carrying out programs under the Small Busi- This legislation guarantees that Yel- tee on Commerce, Science, and Transpor- ness Act and the Small Business Investment lowstone—our Nation’s first national tation. Act of 1958, and for other purposes; to the park—will remain the marvel that it EC–256. A communication from the Chair- Committee on the Judiciary. was, is, and should always be. man of the Consumer Product Safety Com- S. 277. A bill to impose comprehensive eco- Why am I doing this? Because while mission, transmitting, pursuant to law, the nomic sanctions against Iran; to the Com- annual report for fiscal year 1993; to the mittee on Banking, Housing, and Urban Af- Jim Bridger was a great man, he was Committee on Commerce, Science, and fairs. no geologist. Yellowstone has geysers, Transportation. By Mr. COCHRAN: paint pots, and steam cauldrons not be- EC–257. A communication from the Admin- S.J. Res. 24. A joint resolution proposing cause of fast-running streams, but be- istrator of the National Highway Traffic an amendment to the Constitution of the cause of the geothermal characteristics Safety Administration, transmitting, pursu- United States relative to the free exercise of of the underlying rock formations. ant to law, the report of the study of the religion; to the Committee on the Judiciary. safety impact of permitting right-turn-on- These structures are fragile. In the f red; to the Committee on Commerce, past, some have been tempted to tap Science, and Transportation. SUBMISSION OF CONCURRENT AND into them for energy. And when that EC–258. A communication from the Sec- SENATE RESOLUTIONS has happened elsewhere the geysers retary of Energy, transmitting, pursuant to have vanished. law, a report relative to the comprehensive The following concurrent resolutions A 1991 National Park Service report program management plan; to the Commit- and Senate resolutions were read, and found that geothermal development tee on Energy and Natural Resources. referred (or acted upon), as indicated: EC–259. A communication from the Sec- has dried up 7 of the world’s 10 major retary of the Interior, transmitting, pursu- By Mr. BINGAMAN (for himself, Mr. geyser systems. Systems have dis- DASCHLE, Mr. DOLE, Mr. ROCKE- ant to law, a report for fiscal year 1993 enti- appeared in China, Russia, Chile, and tled ‘‘Outer Continental Shelf Lease Sales: FELLER, Mr. PELL, and Mr. ROBB): S. Res. 72. A resolution expressing support Iceland. Next door in Nevada, 30 gey- Evaluation of Bidding Results and Competi- sers were active as recently as 1958. Ex- tion’’; to the Committee on Energy and Nat- for the nation and people of Japan and deep- ural Resources. est condolences for the losses suffered as the tensive geothermal development has EC–260. A communication from the Sec- result of the earthquake of January 17, 1995; dried them all up. They are gone for- retary of the Interior, transmitting, pursu- considered and agreed to. ever. ant to law, the annual report on the Outer By Mr. STEVENS: The same thing could happen in Yel- Continental Shelf Natural Gas and Oil Leas- S. Res. 73. An original resolution authoriz- lowstone. And as the Park Service re- ing biennial expenditures by committees of ing and Production Program for fiscal year port concludes, ‘‘any risk, no matter 1993; to the Committee on Energy and Natu- the Senate; from the Committee on Rules ral Resources. and Administration; placed on the calendar. how small, to Yellowstone’s geothernal EC–261. A communication from the Admin- By Mr. MURKOWSKI (for himself, Mr. resource is too much risk.’’ istrator of the Environmental Protection SIMON, Mr. HELMS, Mr. ROBB, and Mr. The Old Faithful Protection Act Agency, transmitting, pursuant to law, the THOMAS): guarantees complete protection to Yel- report entitled ‘‘The Clean Air Act Ozone De- S. Con. Res. 4. A concurrent resolution ex- lowstone’s world famous geysers, paint sign Value Study’’; to the Committee on En- pressing the sense of the Congress with re- pots, mud volcanoes, and hot springs. spect to North-South dialogue on the Korean vironment and Public Works. It forbids geothermal development on EC–262. A communication from the Presi- Peninsula and the United States-North dent of the United States, transmitting, pur- Korea Agreed Framework; to the Committee Federal lands within approximately 15 suant to law, the Executive Order relative to on Foreign Relations. miles of Yellowstone’s boundaries. the seismic safety of Federally-owned or f It lets Montana, Idaho, and Wyoming leased buildings; to the Committee on Envi- regulate geothermal development on ronment and Public Works. STATEMENTS ON INTRODUCED State and private lands within this 15- f BILLS AND JOINT RESOLUTIONS mile buffer zone provided that each By Mr. BAUCUS: State develops a regulatory program REPORTS OF COMMITTEES S. 274. A bill entitled the ‘‘Old Faith- that adequately protects Yellowstone. The following reports of committees ful Protection Act of 1995’’; to the Com- In summary, the Old Faithful Protec- were submitted: mittee on Energy and Natural Re- tion Act makes sure that Yellowstone By Mr. STEVENS, from the Committee on sources. is protected, private property rights Rules and Administration, without amend- THE OLD FAITHFUL PROTECTION ACT are respected, and the appropriate role ment: Mr. BAUCUS. Mr. President, Ameri- of the States in managing the water re- S. Res. 73. An original resolution authoriz- source is recognized. ing biennial expenditures by committees of cans first heard about Yellowstone Na- the Senate (Rept. No. 104–6). tional Park back in the 1850’s, from an We owe it to future generations to preserve Yellowstone so that they can f old mountain man by the name of Jim Bridger. see the same wondrous sights that Jim INTRODUCTION OF BILLS AND Bridger told about a place where Bridger saw 140 years ago. JOINT RESOLUTIONS water ran so quickly it heated the And we owe it to the many people The following bills and joint resolu- stream bed through friction. He said whose jobs depend on Yellowstone— tions were introduced, read the first steam rose up from the edges. guides, small businesses, nearby hotels and second time by unanimous con- He told folks about how you could and more—to keep their livelihood sent, and referred as indicated: cook a trout without taking it off the safe. And I want to put my colleagues on By Mr. BAUCUS: line—just catch the fish in the Firehole S. 274. A bill entitled the ‘‘Old Faithful River and swing it into one of the notice about this bill. Last Congress, Protection Act of 1995’’; to the Committee on steam cauldrons on the bank. my friend and colleague Congressman Energy and Natural Resources. Folks back then were a little hard PAT WILLIAMS brought this through the By Mr. GRASSLEY (for himself, Mr. pressed to believe Jim Bridger. But House on an overwhelming vote. BOND, Mr. BURNS, Mr. HELMS, Mr. when they saw it for themselves, they Unfortunately, it was held up here in MCCONNELL, Mr. PRESSLER, and Mr. were convinced. President Ulysses S. the Senate. I will not let that happen NICKLES): Grant made it our first national park again. I have written to the chairman S. 275. A bill to establish a temporary mor- atorium on the Interagency Memorandum of on March 1, 1872. of the Energy and Natural Resources Agreement Concerning Wetlands Determina- Today, millions of Americans have Committee, asking for an immediate tions until enactment of a law that is the visited Yellowstone to see the geysers hearing and rapid action on the bill. successor to the Food, Agriculture, Con- and mudpots and hot springs that And if that does not happen, I will S 1540 CONGRESSIONAL RECORD — SENATE January 25, 1995 bring this bill to the floor at every op- With best personal regards, I am tolerate abuses against our financial portunity, because I believe Yellow- Sincerely, systems of the U.S. Government. The stone is that important to me and to MAX BAUCUS. current penalties for violation of sec- Montana. By Mr. D’AMATO: tion 1344 impose a fine of not more As Teddy Roosevelt said 90 years ago: S. 276. A bill to provide for criminal than $1 million or imprisonment of not There can be nothing in the world more penalties for defrauding financial insti- more than 30 years, or both. This in- beautiful than the Yosemite, the groves of tutions carrying out programs under creased exposure tells would-be defend- giant sequoias and redwoods, the Canyon of ants that crime does not pay. And last- the Colorado, the Yellowstone * * * and our the Small Business Act and the Small Business Investment Act of 1958, and ly, section 1344 has asset forfeiture pro- people should see to it that they are pre- visions. This allows both for the return served for their children and their children’s for other purposes; to the Committee children forever, with their majestic beauty on the Judiciary. of the illegally gained proceeds to the all unmarred. Government and the victim financial THE SMALL BUSINESS FINANCIAL INSTITUTION institutions and for the prosecution of Yellowstone compares with Yosemite PROTECTION ACT those involved. As is clearly dem- National Park, one of Teddy Roo- ∑ Mr. D’AMATO. Mr. President, I in- onstrated by the above figures, SBA sevelt’s favorites. troduce legislation to address the prob- fraud is already a form of bank fraud in Mr. President, no risk to the park is lem of bank fraud that is being perpet- that federally insured financial institu- too small to ignore. I consider this bill uated against the U.S. Small Business tions share in the losses when SBA a top priority. And I urge my col- Administration [SBA]. The SBA be- loans are defaulted. The recent indict- leagues to give it their strong support. sides specializing in small business ment in Los Angeles of 16 defendants, Mr. President, I ask unanimous con- loans also gets heavily involved in highlights the necessity for this sent that additional material be print- loans for disaster relief areas. Cur- change. These defendants were respon- ed in the RECORD. rently there are over 5,000 loans in de- sible for approximately $10 million in There being no objection, the mate- fault with the SBA. These defaulted losses. Just in my State alone during rial was ordered to be printed in the loans represent a loss over $1.8 billion the last 4 years over $20 million in RECORD, as follows: to the SBA and the financial institu- losses were incurred by defaulted SBA U.S. SENATE, tions that processed the loans. Since loans. Washington, DC, January 25, 1995. 1990, the SBA has repurchased in excess Mr. President, I ask unanimous con- Hon. FRANK H. MURKOWSKI, of $878 million of these defaulted loans sent that the text of my bill be printed Chairman, Committee on Energy and Natural yielding a direct loss to the U.S. Gov- Resources, Dirksen Senate Office Building, in the RECORD. ernment. The remaining $300 million Washington, DC. There being no objection, the bill was lost in this process was incurred by the DEAR MR. CHAIRMAN: Today I am introduc- ordered to be printed in the RECORD, as federally insured financial institutions ing the ‘‘Old Faithful Protection Act of follows: 1995.’’ This legislation is intended to protect that processed the loans. The SBA the hydrothermal systems associated with guidelines for approving loans are S. 276 Yellowstone National Park, an objective I adopted by the financial institution, Be it enacted by the Senate and House of Rep- have long been a strong advocate of. I have these guidelines are clearly deficient. resentatives of the United States of America in gone to great lengths to tailor this legisla- Congress assembled, tion so that it protects Yellowstone, while The background investigation and fi- SECTION 1. SHORT TITLE. respecting private property rights and the nancial checks for SBA loan approval This Act may be cited as the ‘‘Small Busi- important role of states in managing their are basically nonexistent. The amount ness Financial Institution Protection Act’’. water. of fraud associated with SBA loans is The importance of this legislation to main- extraordinary. SEC. 2. CRIMINAL PENALTIES. taining the integrity of Yellowstone Na- In addition to the internal loan ap- Section 1344 of title 18, United States Code, tional Park cannot be understated. It is my proval problems present in the SBA, is amended— (1) in paragraph (1), by inserting ‘‘or the intention to do everything I can to see this there are several problematic areas bill to final passage during this Congress, Small Business Administration’’ after ‘‘fi- and I would very much appreciate your as- within the prosecution of these viola- nancial institution’’; and sistance. Toward that end, I ask that you tions. Currently SBA violations are (2) in paragraph (2), by inserting ‘‘or the hold a hearing on this legislation at as early prosecuted under title 18 USC, section Small Business Administration’’ after ‘‘fi- a date as possible. 1001 (False Statements) and section 287 nancial institution,’’.∑ I look forward to hearing from you in the (False, fictitious or fraudulent claims). near future on this matter. Both of these sections are merely 5- By Mr. D’AMATO: With best personal regards, I am year counts. The U.S. Attorney’s of- S. 277. A bill to impose comprehen- Sincerely, sive economic sanctions against Iran; MAX BAUCUS. fices nationwide, due to the large case- load, have to prioritize their prosecu- to the Committee on Banking, Hous- U.S. SENATE, tions. Five-year violations are usually ing, and Urban Affairs. Washington, DC, January 25, 1995. declined due to lack of prosecutive THE COMPREHENSIVE IRAN SANCTIONS ACT OF Hon. J. BENNETT JOHNSTON, merit. Furthermore, this meager judi- 1995 Committee on Energy and Natural Resources, cial penalty allows for these violations ∑ Mr. D’AMATO. Mr. President, I in- Washington, DC. to be cost effective for the defendants. troduce the Comprehensive Iran Sanc- DEAR MR. BENNETT: Today I am introduc- ing the ‘‘Old Faithful Protection Act of Most of the SBA defaulted loans are tions Act of 1995. This act will institute 1995.’’ This legislation is intended to protect over $100,000. These violations rarely a total trade embargo between the the hydrothermal systems associated with result in prison terms, therefore crime United States and the Islamic Republic Yellowstone National Park, an objective I truly does pay. of Iran. This embargo will also include have long been a strong advocate of. I have The second problematic area within a prohibition on all trade engaged in by gone to great lengths to tailor this legisla- the prosecution of these violations is a U.S. national abroad, but exempt all tion so that it protects Yellowstone, while that neither of these sections have humanitarian supplies. respecting private property rights and the important role of states in managing their asset forfeiture provisions. Therefore, This legislation is modeled after a water. the SBA must make a business decision provision in the Cuban Democracy Act, The importance of this legislation to main- to prosecute or proceed civilly. and forbids any United States-owned taining the integrity of Yellowstone Na- My legislation will address all these foreign subsidiary from doing business tional Park cannot be understated. It is my issues. First, by incorporating SBA with Iran. Moreover, it will end the intention to do everything I can to see this violations under title 18 USC, section ability of United States oil companies bill to final passage during this Congress, 1344—(Bank Fraud) prosecutive thresh- to buy Iranian oil and then resell it on and I would very much appreciate your as- olds will be met in virtually all U.S. at- the open market. We must stop subsi- sistance. Toward that end, I ask that you hold a hearing on this legislation at as early torney’s offices. Second, this section dizing Iranian terrorism. Our purchase a date as possible. will raise the penalties associated with of Iranian oil does just that. In 1993, oil I look forward to hearing from you in the these violations. This in effect will purchases by United States companies near future on this matter. send the message out that we will not of Iranian crude oil bought and resold January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1541 in foreign markets amounted to $3.5 continued export of dual-use material Amnesty International, the Government of billion, or 25 percent of all Iranian to this country and the American pur- Iran has failed to recognize the importance crude oil sales. chase of Iranian oil, seems to run of international human rights. This includes United States companies supply an- counter to this pronouncement. suppression of Iranian human rights move- nually over $750 million in exports to If the world community wishes to ments such as the Freedom Movement, lack of cooperation with international human Iran. In the first 6 months after the im- avoid another Middle Eastern war, we rights organizations such as the Inter- position of the sanctions in October must join together to take any and all national Red Cross, and an overall apathy 1992, $461 million in exports to Iran re- steps necessary to prevent Iran from toward human rights in general. This lack of quired G–DEST or General Destination its goal of nuclear domination of the concern prompted the Special Representa- licenses. Companies using G–DEST li- Middle East. In 1981, Israel foresaw the tive to state in his report that Iran had made censes do not submit individual license danger in Iraq. In 1995, let us not ignore ‘‘no appreciable progress towards improved applications, thereby removing the the danger again with Iran and miss an compliance with human rights in accordance State and Defense Departments from opportunity to stop this problem before with the current international instruments’’. (6) As cited by Amnesty International, the the review process. This process makes it gets too big. Government of Iran continues to torture its it easier to slip dual-use material We must sever any remaining trade political prisoners. Torture methods include through the oversight process and for between the United States and Iran, to burns, arbitrary blows, severe beatings, and Iran to continue receiving exports that ensure that we do not provide them positions inducing pain. it can convert for use in its military with anything that will come back to (b) IRAN’S ACTS OF INTERNATIONAL TERROR- and nuclear program. This is exactly haunt us. We must take the lead and ISM.—The Congress makes the following find- what Iraq did during the 1980’s and we begin a worldwide effort at halting all ings, based on the records of the Department allowed it to happen. We cannot allow exports to Iran until it sheds its vio- of State, with respect to Iran’s acts of inter- national terrorism: the same mistake to be repeated. lence and antagonism towards the (1) As cited by the Department of State, Iran is arming itself to the teeth, and West. When Iran agrees to join the rest the Government of Iran was the greatest we are simply ignoring it. Iran con- of the civilized world, then we can con- supporter of state terrorism in 1992, support- ducted a $12 billion shopping spree for sider lifting sanctions. ing over 20 terrorist acts, including the arms in 1990, and is stockpiling Chinese I urge my colleagues to join me in co- bombing of the Israeli Embassy in Buenos and North Korean Scud missiles. In sponsoring this legislation. Aires that killed 29 people. 1991, Iran purchased Chinese nuclear Mr. President, I ask unanimous con- (2) As cited by the Department of State, technology and a nuclear reactor. This, sent that the text of the bill be printed the Government of Iran is a sponsor of radi- cal religious groups that have used terrorism in addition to its ongoing receipt of in the RECORD. as a tool. These include such groups as U.S. dual-use exports, portends a very There being no objection, the bill was Hezballah, HAMAS, the Turkish Islamic dangerous situation. ordered to be printed in the RECORD, as Jihad, and the Popular Front for Iran set forth 2 years ago, an arms follows: the Liberation of Palestine-General Com- budget estimated at over $50 billion for S. 277 mand (PFLP-GC). the following 5 years. This should Be it enacted by the Senate and House of Rep- (3) As cited by the Department of State, make it clear to all that Iran aims to resentatives of the United States of America in the Government of Iran has resorted to build itself into a regional nuclear Congress assembled, international terrorism as a means of ob- taining political gain. These actions have in- SECTION 1. SHORT TITLE. power intent on spreading its will by cluded not only the assassination of former This Act may be cited as the ‘‘Comprehen- force. We cannot sit back and allow Prime Minister Bakhitiar, but the death sen- sive Iran Sanctions Act of 1995’’. this bloodthirsty band of terrorists to tence imposed on Salman Rushdie, and the grow into a monster too big for anyone SEC. 2. CONGRESSIONAL FINDINGS. assassination of the leader of the Kurdish to handle. (a) IRAN’S VIOLATIONS OF HUMAN RIGHTS.— Democratic Party of Iran. The Congress makes the following findings Moreover, Iran’s territorial expan- (4) As cited by the Department of State with respect to Iran’s violations of human and the Vice President’s Task Force on Com- sion into North Africa and Central Asia rights: is seemingly being ignored. Iranian- batting Terrorism, the Government of Iran (1) As cited by the 1991 United Nations Spe- has long been a proponent of terrorist ac- supported terrorists are active in Alge- cial Representative on Human Rights, Am- tions against the United States, beginning ria, Tunisia, Morocco, Egypt, Yemen, nesty International, and the United States with the takeover of the United States Em- and in Israel. Iran is also making seri- Department of State, the Government of bassy in Tehran in 1979. Iranian support of ous efforts at spreading its influence Iran has conducted assassinations outside of extremist groups have led to the following into Afghanistan and Tajikistan. While Iran, such as that of former Prime Minister attacks upon the United States as well: Shahpour Bakhtiar for which the Govern- this may seem tangential, Iran’s (A) The car bomb attack on the United ment of France issued arrest warrants for States Embassy in Beirut killing 49 in 1983 spreading influence is indicative of a several Iranian governmental officials. wider, more dangerous effort, designed by the Hezballah. (2) As cited by the 1991 United Nations Spe- (B) The car bomb attack on the United to build an anti-American bloc. This cial Representative on Human Rights and by States Marine Barracks in Beirut killing 241 much has even been alleged, regarding Amnesty International, the Government of in 1983 by the Hezballah. suggestions of some Sudanese role in Iran has conducted revolutionary trials (C) The assassination of American Univer- the bombing of the World Trade Cen- which do not meet internationally recog- sity President in 1984 by the Hezballah. ter. nized standards of fairness or justice. These (D) The kidnapping of all American hos- trials have included such violations as a lack Iran’s actions, speak louder than tages in Lebanon from 1984–1986 by the of procedural safeguards, trial times of 5 Hezballah. words and its continued effort at ob- minutes or less, limited access to defense taining weapons of mass destruction, counsel, forced confessions, and summary SEC. 3. TRADE EMBARGO. as well as its pursuit of an Islamic fun- executions. (a) IN GENERAL.—Except as provided in damentalist, anti-American bloc, speak (3) As cited by the 1991 United Nations Spe- subsection (c), effective on the date of enact- volumes about its intent in the world cial Representative on Human Rights, the ment of this Act, a total trade embargo shall today. Government of Iran systematically represses be in force between the United States and With Iran’s goals in mind, the United its Baha’i population. Persecutions of this Iran. small religious community include assas- (b) COVERED TRANSACTIONS.—As part of States should not be providing it with sinations, arbitrary arrests, electoral prohi- such embargo the following transactions are the capabilities to build such weapons bitions, and denial of applications for docu- prohibited: to fulfill its aims. Unfortunately, the ments such as passports. (1) Any transaction in the currency ex- Commerce Department has found no il- (4) As cited by the 1991 United Nations Spe- change of Iran. legal exports, but is investigating some cial Representative on Human Rights, the (2) The transfer of credit or payments be- potentially suspect cases. I would sug- Government of Iran suppresses opposition to tween, by, through, or to any banking insti- gest that if the administration is sin- its government. Political organizations such tution, to the extent that such transfers or cere about true export control, it as the Freedom Movement are banned from payments involve any interest of Iran or a parliamentary elections, have their tele- national thereof. should reexamine its policy vis-a-vis phones tapped and their mail opened, and are (3) The importing from, or exporting to, Iran. Over a year ago, Secretary of systematically harassed and intimidated. Iran of currency or securities. State Christopher announced an Amer- (5) As cited by the 1991 United Nations Spe- (4) Any acquisition, holding, withholding, ican intention to isolate Iran, yet the cial Representative on Human Rights and use, transfer, withdrawal, transportation, S 1542 CONGRESSIONAL RECORD — SENATE January 25, 1995 importation or exportation of, or dealing in, SEC. 7. DEFINITIONS. sponsors of S. 141, a bill to repeal the or exercising any right, power, or privilege For purposes of this Act— Davis-Bacon Act of 1931 to provide new with respect to, or any transaction involv- (1) the term ‘‘act of international terror- job opportunities, effect significant ing, any property in which Iran or any na- ism’’ means an act— cost savings on Federal construction tional thereof has any interest; by any per- (A) which is violent or dangerous to human son, or with respect to any property, subject life and that is a violation of the criminal contracts, promote small business par- to the jurisdiction of the United States. laws of the United States or of any State or ticipation in Federal contracting, re- (5) The licensing for export to Iran, or for that would be a criminal violation if com- duce unnecessary paperwork and re- export to any other country for reexport to mitted within the jurisdiction of the United porting requirements, and for other Iran, by any person subject to the jurisdic- States or any State; and purposes. tion of the United States of any item or (B) which appears to be intended— technology controlled under the Export Ad- (i) to intimidate or coerce a civilian popu- S. 165 ministration Act of 1979, the Arms Export lation; At the request of Mr. MCCAIN, the Control Act, or the Atomic Energy Act of (ii) to influence the policy of a government name of the Senator from Wyoming 1954. by intimidation or coercion; or [Mr. THOMAS] was added as a cosponsor (6) The importation into the United States (iii) to affect the conduct of a government of S. 165, a bill to require a 60-vote of any good or service which is, in whole or by assassination or kidnapping. supermajority in the Senate to pass in part, grown, produced, manufactured, ex- (2) the term ‘‘appropriate congressional any bill increasing taxes. tracted, or processed in Iran. committees’’ means the Committee on For- (c) EXTRATERRITORIAL APPLICATION.—In ad- eign Relations of the Senate and the Com- S. 174 dition to the transactions described in sub- mittee on International Relations of the At the request of Mr. SIMON, the section (b), the trade embargo imposed by House of Representatives; name of the Senator from South Caro- this Act prohibits any transaction described (3) the term ‘‘Iran’’ includes any agency or in paragraphs (1) through (4) of that sub- lina [Mr. THURMOND] was added as a co- instrumentality of Iran; sponsor of S. 174, a bill to repeal the section when engaged in by a United States (4) the term ‘‘United States’’ means the national abroad. several States, the District of Columbia, the prohibitions against political rec- (d) EXCEPTIONS.—This section shall not Commonwealth of Puerto Rico, the Com- ommendations relating to Federal em- apply to any transaction involving the fur- monwealth of the Northern Mariana Islands, ployment and United States Postal nishing, for humanitarian purposes, of food, American Samoa, Guam, the Virgin Islands, Service employment, and for other pur- clothing, medicine, or medical supplies, in- and any other territory or possession of the poses. struments, or equipment to Iran or to any United States; and national thereof. (5) the term ‘‘United States national’’ S. 194 (e) PENALTIES.—Any person who violates means— At the request of Mr. MCCAIN, the this section or any license, order, or regula- (A) a natural person who is a citizen of the names of the Senator from Alaska [Mr. tion issued under this section shall be sub- United States or who owes permanent alle- STEVENS], and the Senator from Maine ject to the same penalties as are applicable giance to the United States; [Mr. COHEN] were added as cosponsors under section 206 of the International Emer- (B) a corporation or other legal entity gency Economic Powers Act (50 U.S.C. 1705) of S. 194, a bill to repeal the Medicare which is organized under the laws of the and Medicaid Coverage Data Bank, and to violations of licenses, orders, or regula- United States, any State or territory there- tions under that Act. of, or the District of Columbia, if natural for other purposes. (f) APPLICATION TO EXISTING LAW.—This persons who are nationals of the United S. 198 section shall apply notwithstanding any States own, directly or indirectly, more than other provision of law or international At the request of Mr. CHAFEE, the 50 percent of the outstanding capital stock name of the Senator from Vermont agreement. or other beneficial interest in such legal en- [Mr. JEFFORDS] was added as a cospon- SEC. 4. OPPOSITION TO MULTILATERAL ASSIST- tity; and ANCE. (C) any foreign subsidiary of a corporation sor of S. 198, a bill to amend title XVIII (a) INTERNATIONAL FINANCIAL INSTITU- or other legal entity described in subpara- of the Social Security Act to permit TIONS.—(1) The Secretary of the Treasury graph (B).∑ medicare select policies to be offered in shall instruct the United States executive di- all States, and for other purposes. rector of each international financial insti- f S. 200 tution described in paragraph (2) to oppose ADDITIONAL COSPONSORS and vote against any extension of credit or At the request of Mr. BRADLEY, the other financial assistance by that institution S. 9 name of the Senator from New Jersey to Iran. At the request of Mr. DASCHLE, the [Mr. LAUTENBERG] was added as a co- (2) The international financial institutions name of the Senator from Nebraska sponsor of S. 200, a bill to amend title referred to in paragraph (1) are the Inter- [Mr. KERREY] was added as a cosponsor 18, United States Code, to regulate the national Bank for Reconstruction and Devel- of S. 9, a bill to direct the Senate and opment, the International Development As- manufacture, importation, and sale of sociation, the Asian Development Bank, and the House of Representatives to enact any projectile that may be used in the International Monetary Fund. legislation on the budget for fiscal handgun and is capable of penetrating (b) UNITED NATIONS.—It is the sense of the years 1996 through 2003 that would bal- police body armor. Congress that the United States Permanent ance the budget by fiscal year 2003. S. 205 Representative to the United Nations should S. 47 At the request of Mrs. BOXER, the oppose and vote against the provision of any At the request of Mr. SARBANES, the name of the Senator from Wisconsin assistance by the United Nations or any of names of the Senator from Hawaii [Mr. its specialized agencies to Iran. [Mr. KOHL] was added as a cosponsor of AKAKA], and the Senator from Hawaii SEC. 5. WAIVER AUTHORITY. S. 205, a bill to amend title 37, United [Mr. INOUYE] were added as cosponsors The provisions of sections 3 and 4 shall not States Code, to revise and expand the of S. 47, a bill to amend certain provi- apply if the President determines and cer- prohibition on accrual of pay and al- sions of title 5, United States Code, in tifies to the appropriate congressional com- lowances by members of the Armed order to ensure equality between Fed- mittees that Iran— Forces who are confined pending dis- (1) has substantially improved its adher- eral firefighters and other employees honorable discharge. ence to internationally recognized standards in the civil service and other public of human rights; sector firefighters, and for other pur- S. 208 (2) has ceased its efforts to acquire a nu- poses. At the request of Mr. DASCHLE, the clear explosive device; and name of the Senator from Nebraska (3) has ceased support for acts of inter- S. 50 national terrorism. At the request of Mr. LOTT, the name [Mr. KERREY] was added as a cosponsor SEC. 6. REPORT REQUIRED. of the Senator from Michigan [Mr. of S. 208, a bill to require that any pro- Beginning 60 days after the date of enact- ABRAHAM] was added as a cosponsor of posed amendment to the Constitution ment of this Act, and every 90 days there- S. 50, a bill to repeal the increase in of the United States to require a bal- after, the President shall submit to the ap- tax on social security benefits. anced budget establish procedures to propriate congressional committees a report S. 141 ensure enforcement before the amend- describing— ment is submitted to the States. (1) the nuclear and other military capabili- At the request of Mrs. KASSEBAUM, ties of Iran; and the names of the Senator from Arizona S. 226 (2) the support, if any, provided by Iran for [Mr. KYL], and the Senator from North At the request of Mr. DOMENICI, the acts of international terrorism. Carolina [Mr. HELMS] were added as co- name of the Senator from New Mexico January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1543

[Mr. BINGAMAN] was added as a cospon- from California [Mrs. BOXER] were S. CON. RES. 4 sor of S. 226, a bill to designate addi- added as cosponsors of amendment No. Whereas the Agreed Framework Between tional land as within the Chaco Culture 199 proposed to S. 1, a bill to curb the the United States and the Democratic Peo- Archeological Protection Sites, and for practice of imposing unfunded Federal ple’s Republic of Korea of October 21, 1994, other purposes. mandates on States and local govern- states in Article III, paragraph (2), that ‘‘[t]he DPRK will consistently take steps to S. 240 ments; to strengthen the partnership implement the North-South Joint Declara- between the Federal Government and At the request of Mr. DOMENICI, the tion on the Denuclearization of the Korean names of the Senator from Colorado State, local and tribal governments; to Peninsula’’; [Mr. BROWN], and the Senator from end the imposition, in the absence of Whereas the Agreed Framework also states West Virginia [Mr. ROCKEFELLER] were full consideration by Congress, of Fed- the ‘‘[t]he DPRK will engage in North-South added as cosponsors of S. 240, a bill to eral mandates on State, local, and trib- dialogue, as this Agreed Framework will amend the Securities Exchange Act of al governments without adequate fund- help create an atmosphere that promotes 1934 to establish a filing deadline and ing, in a manner that may displace such dialogue’’; to provide certain safeguards to ensure other essential governmental prior- Whereas the two agreements entered into ities; and to ensure that the Federal between North and South Korea in 1992, that the interests of investors are well namely the North-South Denuclearization protected under the implied private ac- Government pays the costs incurred by Agreement and the Agreement on Reconcili- tion provisions of the Act. those governments in complying with ation, Nonaggression and Exchanges and Co- S. 241 certain requirements under Federal operation, provide an existing and detailed At the request of Mr. D’AMATO, the statutes and regulations; and for other framework for dialogue between North and name of the Senator from Iowa [Mr. purposes. South Korea; Whereas the North Korean nuclear pro- GRASSLEY] was added as a cosponsor of AMENDMENT NO. 201 gram is just one of the lingering threats to S. 241, a bill to increase the penalties At the request of Mrs. BOXER, the peace on the Korean Peninsula; and for sexual exploitation of children, and name of the Senator from Florida [Mr. Whereas the reduction of tensions between for other purposes. GRAHAM] was added as a cosponsor of North and South Korea directly serve United S. 262 amendment No. 201 proposed to S. 1, a States interests, given the substantial de- At the request of Mr. GRASSLEY, the bill to curb the practice of imposing fense commitment of the United States to names of the Senator from Oklahoma unfunded Federal mandates on States South Korea and the presence on the Korean Peninsula of United States troops: Now, [Mr. NICKLES], the Senator from Indi- and local governments; to strengthen therefore, be it ana [Mr. COATS], the Senator from the partnership between the Federal Resolved by the Senate (the House of Rep- North Carolina [Mr. FAIRCLOTH], and Government and State, local and tribal resentatives concurring), the Senator from Nevada [Mr. BRYAN] governments; to end the imposition, in were added as cosponsors of S. 262, a the absence of full consideration by SECTION 1. STEPS TOWARD NORTH-SOUTH DIA- LOGUE ON THE KOREAN PENIN- bill to amend the Internal Revenue Congress, of Federal mandates on SULA. Code of 1986 to increase and make per- State, local, and tribal governments It is the sense of the Congress that— manent the deduction for health insur- without adequate funding, in a manner (1) the executive branch should take steps ance costs of self-employed individuals. that may displace other essential gov- to ensure that the implementation of the SENATE JOINT RESOLUTION 1 ernmental priorities; and to ensure Agreed Framework between the United States and North Korea, dated October 21, At the request of Mr. DOLE, the that the Federal Government pays the 1994, is linked to substantive and rapid names of the Senator from New Mexico costs incurred by those governments in complying with certain requirements progress in dialogue between North and [Mr. DOMENICI], the Senator from South Korea; and North Carolina [Mr. HELMS], and the under Federal statutes and regulations; (2) together with South Korea and other Senator from Tennessee [Mr. FRIST] and for other purposes. concerned allies, and in keeping with the were added as cosponsors of Senate AMENDMENT NO. 202 spirit and letter of the 1992 agreements be- Joint Resolution 1, a joint resolution At the request of Mrs. BOXER, the tween North and South Korea, the executive proposing an amendment to the Con- names of the Senator from Washington branch should develop specific timetables for stitution of the United States to re- achieving measures to reduce tensions be- [Mrs. MURRAY] and the Senator from tween North and South Korea, such as— quire a balanced budget. Minnesota [Mr. WELLSTONE] were added (A) holding a North Korea-South Korea SENATE JOINT RESOLUTION 16 as cosponsors of amendment No. 202 summit; At the request of Mr. BROWN, the proposed to S. 1, a bill to curb the prac- (B) the prompt dismantlement of North name of the Senator from Iowa [Mr. tice of imposing unfunded Federal Korea’s nuclear reprocessing facility; GRASSLEY] was added as a cosponsor of mandates on States and local govern- (C) the initiation of mutual nuclear facil- Senate Joint Resolution 16, a joint res- ments; to strengthen the partnership ity inspections by North and South Korea; between the Federal Government and (D) the establishment in both North and olution proposing an amendment to the South Korea of North-South Liaison Offices; Constitution of the United States to State, local and tribal governments; to (E) the establishment of a North-South grant the President line-item veto au- end the imposition, in the absence of joint military commission to discuss steps to thority. full consideration by Congress, of Fed- reduce tensions between North and South SENATE JOINT RESOLUTION 17 eral mandates on State, local, and trib- Korea, including— At the request of Mr. KEMPTHORNE, al governments without adequate fund- (i) the mutual notification and control of the names of the Senator from Wash- ing, in a manner that may displace major troop movements and major military exercises; ington [Mr. GORTON] and the Senator other essential governmental prior- ities; and to ensure that the Federal (ii) the relocation of troops to positions from Connecticut [Mr. LIEBERMAN] further from the demilitarized zone; were added as cosponsors of Senate Government pays the costs incurred by (iii) exchanges of military personnel and Joint Resolution 17, a joint resolution those governments in complying with information; naming the CVN–76 aircraft carrier as certain requirements under Federal (iv) the installation of a telephone ‘‘hot- the U.S.S. Ronald Reagan. statutes and regulations; and for other line’’ between military authorities; and SENATE JOINT RESOLUTION 22 purposes. (v) phased reductions of armaments and troops, and verification thereof; At the request of Mr. GRAMS, the f (F) the expansion of trade relations be- name of the Senator from New Hamp- tween North and South Korea; shire [Mr. SMITH] was added as a co- SENATE CONCURRENT RESOLU- (G) the promotion of freedom to travel be- sponsor of Senate Joint Resolution 22, TION 4—RELATIVE TO THE KO- tween North and South Korea by citizens of a joint resolution proposing an amend- REAN PENINSULA both North and South Korea; ment to the Constitution of the United Mr. MURKOWSKI (for himself, Mr. (H) exchanges and cooperation in science and technology, education, the arts, health, States to require a balanced budget. SIMON, Mr. HELMS, Mr. ROBB, and Mr. sports, the environment, publishing, journal- AMENDMENT NO. 199 THOMAS) submitted the following con- ism, and other fields of mutual interest; At the request of Mr. LAUTENBERG, current resolution; which was referred (I) the establishment of postal and tele- the names of the Senator from New to the Committee on Foreign Rela- communications services between North and Jersey [Mr. BRADLEY] and the Senator tions: South Korea; and S 1544 CONGRESSIONAL RECORD — SENATE January 25, 1995 (J) the reconnection of railroads and road- pledged to resume dialogue with South significant progress in reducing ten- ways between North and South Korea. Korea on matters affecting peace and sions. Although a cease-fire ended the SEC. 2. PRESIDENTIAL ENVOY. security on the peninsula. We have Korean war in 1953, the two sides tech- The President should appoint a senior offi- made clear that resuming North-South nically remain at war. The agreed cial with appropriate experience to represent dialogue is essential to the success of him in communicating directly with the framework does not adequately address North Korean government regarding the the framework—so important that we the underlying tensions between North steps and measures set forth in section 1, and were prepared to walk away from the and South Korea. Nor do I believe that to consult with South Korea and other con- framework if North Korea had not been North and South Korea will simply cerned allies regarding such communica- willing to meet that condition.’’ work everything out without some out- tions. I am gratified that the United States side assistance. For that reason, I be- SEC. 3. REPORT TO CONGRESS. negotiators held firm on including ref- lieve that the Clinton administration The President should report to the Con- erences to these two North-South is- must take specific steps to ensure that gress, within 90 days after the adoption of sues, but I am greatly concerned that this concurrent resolution, regarding the North Korea lives up to its commit- progress made in carrying out sections 1 and the requirements were not spelled out ment under the agreed framework. 2. in greater detail in the agreement. For I hope this resolution will take us a SEC. 4. DEFINITIONS. instance, what is the time line for step in the right direction.∑ As used in this concurrent resolution— progress? At what point will the United ∑ Mr. SIMON. Mr. President, there are (1) the term ‘‘North Korea’’ means the States stop fulfilling its commitments many trouble spots in the world. But Democratic People’s Republic of Korea; and under the agreed framework if there there may be no more dangerous border (2) the term ‘‘South Korea’’ means the Re- has been progress in North-South rela- public of Korea. right now than the one that divides tions. North and South Korea. Approximately SEC. 5. DELIVERY OF RESOLUTION TO PRESI- It is this lack of specificity that has DENT. 1 million troops, North Korean, South The Secretary of the Senate shall transmit led me and my colleagues to introduce Korean, and United States, are arrayed a copy of this concurrent resolution to the this resolution. The resolution calls on along either side of that 150-mile-long President. the executive branch to take steps to line. And yet, with all that firepower ∑ Mr. MURKOWSKI. Mr. President. I ensure that the implementation of the ready to use, there is practically no agreed framework is linked to sub- submit a concurrent resolution that communication across that line. It is stantive and rapid progress in the dia- expresses the Sense of the Congress re- one of the most hermetic borders in the logue between North and South Korea, garding the serious issue of North world, rivalled, perhaps, only by those including developing timetables for Korea-South Korea dialog as part of of Albania in its heyday. achieving measures to reduce tensions the United States-North Korea Agreed Last December my colleague Senator between North and South Korea. Al- Framework on the nuclear issue. I am FRANK MURKOWSKI and I saw that for- though not a comprehensive list, posi- joined today by my colleagues Senator midable border with our own eyes, tive measures could include: First, hold SIMON, HELMS, ROBB, and THOMAS in when we crossed the demilitarized zone a North-South summit; second, prompt submitting this resolution. Several of from North to South. And that same dismantlement of North Korea’s re- our colleagues on the House side have month we all saw some of the con- processing facility; third, initiation of submitted a similar resolution today. sequences of the lack of communica- mutual nuclear facility inspections; I do not intend at this time to launch tion, when a United States helicopter into a lengthy critique of the agreed fourth, establishment of North-South Liaison offices; fifth, establishment of was shot down over North Korea. What framework signed between the United in other circumstances might have States and the Democratic People’s Re- a North-South joint military commis- been handled as a routine incident be- public of Korea [DPRK]. I chaired a sion; sixth, expansion of trade rela- came a protracted war of nerves, with hearing last week in the Senate Energy tions; seventh, promotion of freedom to the freedom of one U.S. airman and the and Natural Resources Committee to travel; eighth, exchanges and coopera- remains of another hanging in the bal- examine the agreement in greater de- tion in science and technology, edu- tail. Other hearings on the agreed cation, the arts; health, sports, the en- ance. Why? Because there are so few framework are being held in the Senate vironment, publishing, journalism, and trusted channels of communication be- Foreign Relations Committee and other fields of mutual interest; ninth, tween North and South. Armed Services Committee this week. establishment of postal and tele- When Senator MURKOWSKI and I vis- And I believe this body will have an op- communications services; and tenth, ited Asia last month, the agreed frame- portunity to debate the entire agree- reconnection of railroads and road- work between the United States and ment in detail when the administration ways. North Korea was the focus of our dis- seeks additional funding to carry out The resolution also calls on Presi- cussions in both Pyongyang and Seoul. the provisions of the agreed frame- dent Clinton to appoint a senior offi- The agreement, while not perfect, of- work. cial to communicate directly with the fers an important opportunity to end Today, however, I want to focus on a North Korean Government regarding North Korea’s nuclear program. It specific, and critical, element of the the steps and measures, and to consult also—and this is extremely important agreed framework: the necessity of a with South Korea and other concerned as well—can open new channels of com- meaningful North-South dialog. With- allies regarding such communications. munication between North and South, out such a dialog, I am convinced that In addition, the resolution calls on the and thereby reduce tensions in north- implementation of the agreed frame- President to report to Congress within west Asia. work is unworkable. 90 days regarding the progress made in The sense of the Senate resolution Section III(2) of the agreed frame- the specific steps. that I am proud to submit today with work specifies that ‘‘[t]he DPRK will Mr. President. I do not need to re- my colleague Senator MURKOWSKI ex- consistently take steps to implement mind my colleagues that 37,000 Amer- pands the channels of communication the North-South Joint Declaration on ican soldiers stationed on the demili- envisaged in the agreed framework. the Denuclearization of the Korean Pe- tarized zone remain in harm’s way. We The resolution calls for the executive ninsula.’’ The agreed framework goes all received a grim reminder of this branch to establish timetables for a on to say in section III.(3) that ‘‘[t]he when a U.S. helicopter was shot down range of tension-reducing measures be- DPRK will engage in North-South dia- on December 17, 1994, killing one U.S. tween North and South Korea. Dis- logue, as this agreed framework will airman and detaining another on false mantlement of North Korea’s nuclear help create an atmosphere that pro- charges of American espionage. reprocessing facility would be a major motes such dialogue.’’ Yesterday, in These American troops are part of step, but only one step, in that area. testimony before the Senate Foreign the nearly 2 million troops who face Other important measures connecting Relations Committee, Secretary of each other across a heavily fortified North and South would be: liaison of- State Warren Christopher had this to demilitarized zone. Three decades of fices; a joint military commission with say about these provisions: ‘‘As part of on-again, off-again talks between a particular focus on information ex- the framework, North Korea has Pyongyang and Seoul have produced no change and threat reduction; expanded January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1545 trade relations; freedom of travel be- early morning of January 17, 1995. We tionery supplies purchased through the tween the Koreas; scientific, cultural, have seen the terrible destruction of Keeper of Stationery, United States Senate, educational and sports exchanges; post- homes and businesses, we have heard (4) for payments to the Postmaster, United al and telecommunications services be- the enormous numbers of dead and States Senate, (5) for the payment of me- wounded and we have read the remark- tered charges on copying equipment provided tween North and South; and recon- by the Office of the Sergeant at Arms and struction of road and rail links be- able stories of courage and hope that Doorkeeper, United States Senate, or (6) for tween the two countries. The President have sprung daily from the rubble and the payment of Senate Recording and Photo- should appoint a senior official to work ruins of Kobe and Osaka. graphic Services. on all those steps with North and Mr. President, the memories of the (d) There are authorized such sums as may South Korea. earthquake that struck California al- be necessary for agency contributions relat- All the measures I just listed add up most a year ago to the day of the Kobe ed to the compensation of employees of the to communication. Opening North and Osaka earthquake have not dimin- committees from March 1, 1995, through Sep- Korea to outside influences will not be ished in the short period of time that tember 30, 1996, and March 1, 1996, through has elapsed. We remember all too well February 28, 1997, to be paid from the appro- easy, will not happen overnight, and priations account for ‘‘Expenses of Inquires will not bring overnight results. It is the feelings of disbelief and loss as we and Investigations’’ of the Senate. an effort, though, that we should learned of the destruction that the make, because the payoff in reduced California earthquake reeked on our COMMITTEE ON AGRICULTURE, NUTRITION, AND tensions on the Korean peninsula could own citizens. As it was a year ago, so it FORESTRY be very great indeed. This resolution has been throughout the past week as SEC. 3. (a) In carrying out its powers, du- aims to support the nuclear accord, we watched the events unfold in Kobe ties, and functions under the Standing Rules of the Senate, in accordance with its juris- and build on it in constructive, positive and Osaka. Mr. President, we do not need a dis- diction under rule XXV of such rules, includ- ways.∑ ing holding hearings, reporting such hear- aster to remind us of our friendship f ings, and making investigations as author- and mutual commitment with the peo- ized by paragraphs 1 and 8 of rule XXVI of SENATE RESOLUTION 72— ple of Japan; however, at a time of the Standing Rules of the Senate, the Com- RELATIVE TO JAPAN tragedy such as this, we do have an op- mittee on Agriculture, Nutrition, and For- portunity to again reaffirm that friend- estry is authorized from March 1, 1995, Mr. BINGAMAN (for himself, Mr. ship and to say to the people of Japan through February 28, 1997, in its discretion DASCHLE, Mr. DOLE, Mr. ROCKEFELLER, that America does care. (1) to make expenditures from the contin- Mr. PELL, and Mr. ROBB) submitted the Mr. President, I hope that my col- gent fund of the Senate, (2) to employ per- following resolution; which was consid- leagues will join with me today in sup- sonnel, and (3) with the prior consent of the ered and agreed to: Government department or agency con- porting Senate Resolution 72 and will S. RES. 72 cerned and the Committee on Rules and Ad- join with all of America in expressing ministration, to use on a reimbursable, or Whereas, on the morning of January 17, our deepest sympathies and pledging nonreimbursable, basis the services of per- 1995 a devastating and deadly earthquake our support and friendship to the peo- sonnel of any such department or agency. shook the cities of Kobe and Osaka, Japan ple of Japan. (b) The expenses of the committee for the killing more than 5,000 people, injuring more period March 1, 1995, through September 30, than 25,000 and leaving more than 300,000 f 1996, under this section shall not exceed temporarily homeless: SENATE RESOLUTION 73—ORIGI- $1,708,179, of which amount (1) not to exceed Whereas, the earthquake of January 17, $4,000, may be expended for the procurement 1995 has left more than 46,440 buildings in NAL RESOLUTION REPORTED AU- of the services of individual consultants, or ruin, destroyed highways, train lines and THORIZING BIENNIAL EXPENDI- organizations thereof (as authorized by sec- other infrastructure and has caused losses of TURES BY COMMITTEES OF THE tion 202(i) of the Legislative Reorganization as much as $80 billion in Kobe alone: SENATE Act of 1946, as amended), and (2) not to ex- Whereas, the tradition of strength, cour- Mr. STEVENS, from the Committee ceed $4,000, may be expended for the training age, determination and community of the of the professional staff of such committee people of Japan has been displayed time on Rules and Administration, reported (under procedures specified by section 202(j) again by the citizens of Kobe and Osaka and, the following original resolution, of such Act). indeed, all of Japan since the earthquake and which was placed on the calendar: (c) For the period March 1, 1996, through has served as an inspiration to all of the S. RES. 73 February 28, 1997, expenses of the committee world: AGGREGATE AUTHORIZATION under this section shall not exceed $1,746,459, Whereas, the nations and people of the SEC. 2. (a) In carrying out its powers, du- of which amount (1) not to exceed $4,000, may United States and Japan share a strong, dec- ties, and functions under the Standing Rules be expended for the procurement of the serv- ades old history of friendship and mutual in- of the Senate, and under the appropriate au- ices of individual consultants, or organiza- terests and respect: thorizing resolutions of the Senate, there is tions thereof (as authorized by section 202(i) Whereas, the people of the United States, authorized for the period March 1, 1995, of the Legislative Reorganization Act of 1946, having suffered a similar tragedy almost a through September 30, 1996, in the aggregate as amended), and (2) not to exceed $4,000, year ago to the day of the Kobe and Osaka of $49,394,804 and for the period March 1, 1996, may be expended for the training of the pro- earthquake, share in the pain and hope of through February 28, 1997, in the aggregate fessional staff of such committee (under pro- the people of Japan. of $50,521,131 in accordance with the provi- cedures specified by section 202(j) of such Therefore be it resolved by the Senate sions of this resolution, for all Standing Act). that— Committees of the Senate, for the Commit- (1) The Senate expresses its deepest sym- tee on Indian Affairs, the Special Committee COMMITTEE ON APPROPRIATIONS pathies to the Nation of Japan and the citi- on Aging, and the Select Committee on In- SEC. 4.(a) In carrying out its powers, du- zens of Kobe and Osaka for the tragic losses telligence. ties, and functions under the Standing Rules suffered as a result of the earthquake of Jan- (b) Each committee referred to in sub- of the Senate, in accordance with its juris- uary 17, 1995. section (a) shall report its findings, together diction under rule XXV of such rules, includ- (2) The Senate expresses its support to the with such recommendations for legislation ing holding hearings, reporting such hear- people of Japan as they continue their noble as it deems advisable, to the Senate at the ings, and making investigations as author- efforts to rebuild their cities and their lives. earliest practicable date, but not later than ized by paragraph 1 of rule XXVI of the (3) The Senate expresses its friendship to February 29, 1996, and February 28, 1997, re- Standing Rules of the Senate, the Commit- the people of Kobe and Osaka and pledges its spectively. tee on Appropriations is authorized from support for their efforts in the face of this (c) Any expenses of a committee under this March 1, 1995, through February 28, 1997, in disaster. resolution shall be paid from the contingent its discretion (1) to make expenditures from Mr. BINGAMAN. Mr. President, I rise fund of the Senate upon vouchers approved the contingent fund of the Senate, (2) to em- today to submit Senate Resolution 72 by the chairman of the committee, except ploy personnel, and (3) with the prior con- expressing the Senate’s deepest sym- that vouchers shall not be required (1) for sent of the Government department or agen- pathies to the people of Kobe and the disbursement of salaries of employees of cy concerned and the Committee on Rules Osaka, Japan. the committee who are paid at an annual and Administration, to use on a reimburs- rate, (2) for the payment of telecommuni- able, or nonreimbursable, basis the services Mr. President, by now we are all cations expenses provided by the Office of of personnel of any such department or agen- aware of the frightening devastation the Sergeant at Arms and Doorkeeper, Unit- cy. that was caused by the earthquake ed States Senate, Department of Tele- (b) The expenses of the committee for the that struck Kobe and Osaka in the communications, (3) for the payment of sta- period March 1, 1995, through September 30, S 1546 CONGRESSIONAL RECORD — SENATE January 25, 1995 1996, under this section shall not exceed of which amount (1) not to exceed $850, may tee (under procedures specified by section $4,823,586, of which amount (1) not to exceed be expended for the procurement of the serv- 202(j) of such Act). $175,000, may be expended for the procure- ices of individual consultants, or organiza- (c) For the period March 1, 1996, through ment of the services of individual consult- tions thereof (as authorized by section 202(i) February 28, 1997, expenses of the committee ants, or organizations thereof (as authorized of the Legislative Reorganization Act of 1946, under this section shall not exceed $3,445,845, by section 202(i) of the Legislative Reorga- as amended), and (2) not to exceed $850, may of which amount (1) not to exceed $14,572, nization Act of 1946, as amended), and (2) not be expended for the training of the profes- may be expended for the procurement of the to exceed $5,000, may be expended for the sional staff of such committee (under proce- services of individual consultants, or organi- training of the professional staff of such dures specified by section 202(j) of such Act). zations thereof (as authorized by section committee (under procedures specified by 202(i) of the Legislative Reorganization Act COMMITTEE ON THE BUDGET section 202(j) of such Act). of 1946, as amended), and (2) not to exceed (c) For the period March 1, 1996, through SEC. 7. (a) In carrying out its powers, du- $15,600, may be expended for the training of February 28, 1997, expenses of the committee ties, and functions under the Standing Rules the professional staff of such committee under this section shall not exceed $4,931,401 of the Senate, in accordance with its juris- (under procedures specified by section 202(j) of which amount (1) not to exceed $175,000, diction under rule XXV of such rules, includ- of such Act). may be expended for the procurement of the ing holding hearings, reporting such hear- services of individual consultants, or organi- ings, and making investigations as author- COMMITTEE ON ENERGY AND NATURAL zations thereof (as authorized by section ized by paragraph 1 of rule XXVI of the RESOURCES 202(i) of the Legislative Reorganization Act Standing Rules of the Senate, the Commit- SEC. 9. (a) In carrying out its powers, du- of 1946, as amended), and (2) not to exceed tee on the Budget is authorized from March ties, and functions under the Standing Rules $5,000, may be expended for the training of 1, 1995, through February 28, 1997, in its dis- of the Senate, in accordance with its juris- the professional staff of such committee cretion (1) to make expenditures from the diction under rule XXV of such rules, includ- (under procedures specified by section 202(j) contingent fund of the Senate, (2) to employ ing holding hearings, reporting such hear- of such Act). personnel, and (3) with the prior consent of ings, and making investigations as author- COMMITTEE ON ARMED SERVICES the Government department or agency con- ized by paragraphs 1 and 8 of rule XXVI of cerned and the Committee on Rules and Ad- the Standing Rules of the Senate, the Com- SEC. 5.(a) In carrying out its powers, du- ties, and functions under the Standing Rules ministration, to use on a reimbursable, or mittee on Energy and Natural Resources is of the Senate, in accordance with its juris- nonreimbursable, basis the services of per- authorized from March 1, 1995, through Feb- diction under rule XXV of such rules, includ- sonnel of any such department or agency. ruary 28, 1997, in its discretion (1) to make ing holding such hearings, and making inves- (b) The expenses of the committee for the expenditures from the contingent fund of the tigations as authorized by paragraphs 1 and period March 1, 1995, through September 30, Senate, (2) to employ personnel, and (3) with 8 of rule XXVI of the Standing Rules of the 1996, under this section shall not exceed the prior consent of the Government depart- Senate, the Committee on Armed Services is $3,032,295, of which amount (1) not to exceed ment or agency concerned and the Commit- authorized from March 1, 1995, through Feb- $20,000, may be expended for the procurement tee on Rules and Administration, to use on a ruary 28, 1997, in its discretion (1) to make of the services of individual consultants, or reimbursable, or nonreimbursable, basis the expenditures from the contingent fund of the organizations thereof (as authorized by sec- services of personnel of any such department Senate, (2) to employ personnel, and (3) with tion 202(i) of the Legislative Reorganization or agency. the prior consent of the Government depart- Act of 1946, as amended), and (2) not to ex- (b) The expenses of the committee for the ment or agency concerned and the Commit- ceed $2,000, may be expended for the training period March 1, 1995, through September 30, tee on Rules and Administration, to use on a of the professional staff of such committee 1996, under this section shall not exceed reimbursable, or nonreimbursable, basis the (under procedures specified by section 202(j) $2,579,566. services of personnel of any such department of such Act). (c) For the period of March 1, 1996, through or agency. (c) For the period March 1, 1996, through February 28, 1997, expenses of the committee (b) The expenses of the committee for the February 28, 1997, expenses of the committee under this section shall not exceed $2,636,292. under this section shall not exceed $3,103,181, period March 1, 1995, through September 30, COMMITTEE ON ENVIRONMENT AND PUBLIC of which amount (1) not to exceed $20,000, 1996, under this section shall not exceed WORKS $2,641,704. For the period March 1, 1996, may be expended for the procurement of the SEC. 10. (a) In carrying out its powers, du- through February 28, 1997, expenses of the services of individual consultants, or organi- zations thereof (as authorized by section ties, and functions under the Standing Rules committee under this section shall not ex- of the Senate, in accordance with its juris- ceed $2,702,669. 202(i) of the Legislative Reorganization Act of 1946, as amended), and (2) not to exceed diction under rule XXV of such rules, includ- COMMITTEE ON BANKING, HOUSING, AND URBAN $2,000 may be expended for the training of ing holding hearings, reporting such hear- AFFAIRS the professional staff of such committee ings, and making investigations as author- SEC. 6.(a) In carrying out its powers, du- (under procedures specified by section 202(j) ized by paragraphs 1 and 8 of rule XXVI of ties, and functions under the Standing Rules of such Act). the Standing Rules of the Senate, the Com- of the Senate, in accordance with its juris- mittee on Environment and Public Works is diction under rule XXV of such rules, includ- COMMITTEE ON COMMERCE, SCIENCE, AND authorized from March 1, 1995, through Feb- ing holding hearings, reporting such hear- TRANSPORTATION ruary 28, 1997, in its discretion (1) to make ings, and making investigations as author- SEC. 8. (a) In carrying out its powers, du- expenditures from the contingent fund of the ized by paragraphs 1 and 8 of rule XXVI of ties, and functions under the Standing Rules Senate, (2) to employ personnel, and (3) with the Standing Rules of the Senate, the Com- of the Senate, in accordance with its juris- the prior consent of the Government depart- mittee on Banking, Housing, and Urban Af- diction under rule XXV of such rules, includ- ment or agency concerned and the Commit- fairs is authorized from March 1, 1995, ing holding hearings, reporting such hear- tee on Rules and Administration, to use on a through February 28, 1997, in its discretion ings, and making investigations as author- reimbursable, or nonreimbursable, basis the (1) to make expenditures from the contin- ized by paragraphs 1 and 8 of rule XXVI of services of personnel of any such department gent fund of the Senate, (2) to employ per- the Standing Rules of the Senate, the Com- or agency. sonnel, and (3) with the prior consent of the mittee on Commerce, Science, and Transpor- (b) The expenses of the committee for the Government department or agency con- tation is authorized from March 1, 1995, period March 1, 1995, through September 30, cerned and the Committee on Rules and Ad- through February 28, 1997, in its discretion 1996, under this section shall not exceed ministration, to use on a reimbursable, or (1) to make expenditures from the contin- $2,376,346, of which amount (1) not to exceed nonreimbursable, basis the services of per- gent fund of the Senate, (2) to employ per- $8,000, may be expended for the procurement sonnel of any such department or agency. sonnel, and (3) with the prior consent of the of the services of individual consultants, or (b) The expenses of the committee for the Government department or agency con- organizations thereof (as authorized by sec- period March 1, 1995, through September 30, cerned and the Committee on Rules and Ad- tion 202(i) of the Legislative Reorganization 1996, under this section shall not exceed ministration, to use on a reimbursable, or Act of 1946, as amended), and (2) not to ex- $2,778,802, of which amount (1) not to exceed nonreimbursable, basis the services of per- ceed $2,000, may be expended for the training $150,000, may be expended for the procure- sonnel of any such department or agency. of the professional staff of such committee ment of the services of individual consult- (b) The expenses of the committee for the (under procedures specified by section 202(j) ants, or organizations thereof (as authorized period March 1, 1995, through September 30, of such Act). by section 202(i) of the Legislative Reorga- 1996, under this section shall not exceed (c) For the period March 1, 1996, through nization Act of 1946, as amended), and (2) not $3,369,312, of which amount (1) not to exceed February 28, 1997, expenses of the committee to exceed $850, may be expended for the $14,572, may be expended for the procurement under this section shall not exceed $2,430,379, training of the professional staff of such of the services of individual consultants, or of which amount (1) not to exceed $8,000, be committee (under procedures specified by organizations thereof (as authorized by sec- expended for the procurement of the services section 202(j) of such Act). tion 202(i) of the Legislative Reorganization of individual consultants, or organizations (c) For the period March 1, 1996, through Act of 1946, as amended), and (2) not to ex- thereof (as authorized by section 202(i) of the February 28, 1997, expenses of the committee ceed $15,600, may be expended for the train- Legislative Reorganization Act of 1946, as under this section shall not exceed $2,851,936, ing of the professional staff of such commit- amended), and (2) not to exceed $2,000, may January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1547 be expanded for the training of the profes- tions thereof (as authorized by section 202(i) (C) organized criminal activities which sional staff of such committee (under proce- of the Legislative Reorganization Act of 1946, may operate in or otherwise utilize the fa- dures specified by section 202(j) of such Act). as amended), and (2) not to exceed $1,000, cilities of interstate or international com- COMMITTEE ON FINANCE may be expended for the training of the pro- merce in furtherance of any transactions and fessional staff of such committee (under pro- SEC. 11. (a) In carrying out its powers, du- the manner and extent to which, and the ties, and functions under the Standing Rules cedures specified by section 202(j) of such identity of the persons, firms, or corpora- of the Senate, in accordance with its juris- Act). tions, or other entities by whom such utili- diction under rule XXV of such rules, includ- COMMITTEE ON GOVERNMENTAL AFFAIRS zation is being made, and further, to study ing holding hearings, reporting such hear- SEC. 13. (a) In carrying out its powers, du- and investigate the manner in which and the ings, and making investigations as author- ties, and functions under the Standing Rules extent to which persons engaged in organized ized by paragraphs 1 and 8 of rule XXVI of of the Senate, in accordance with its juris- criminal activity have infiltrated lawful the Standing Rules of the Senate, the Com- diction under rule XXV of such rules, includ- business enterprise, and to study the ade- mittee on Finance is authorized from March ing holding hearings, reporting such hear- quacy of Federal laws to prevent the oper- 1, 1995, through February 28, 1997, in its dis- ings, and making investigations as author- ations of organized crime in interstate or cretion (1) to make expenditures from the ized by paragraphs 1 and 8 of rule XXVI of international commerce; and to determine contingent fund of the Senate, (2) to employ the Standing Rules of the Senate, the Com- whether any changes are required in the laws personnel, and (3) with the prior consent of mittee on Governmental Affairs is author- of the United States in order to protect the the Government department or agency con- ized from March 1, 1995, through February 28, public against such practices or activities; cerned and the Committee on Rules and Ad- 1997, in its discretion (1) to make expendi- (D) all other aspects of crime and lawless- ministration, to use on a reimbursable, or tures from the contingent fund of the Sen- ness within the United States which have an nonreimbursable, basis the services of per- ate, (2) to employ personnel, and (3) with the impact upon or affect the national health, sonnel of any such department or agency. prior consent of the Government department welfare, and safety; including but not lim- (b) The expenses of the committee for the or agency concerned and the Committee on ited to investment fraud schemes, commod- period March 1, 1995, through September 30, Rules and Administration, to use on a reim- ity and security fraud, computer fraud, and 1996, under this section shall not exceed bursable, or nonreimbursable, basis the serv- the use of offshore banking and corporate fa- $2,960,173, of which amount (1) not to exceed ices of personnel of any such department or cilities to carry out criminal objectives; $30,000, may be expended for the procurement agency. of the services of individual consultants, or (b) The expenses of the committee for the (E) the efficiency and economy of oper- organizations thereof (as authorized by sec- period March 1, 1995, through September 30, ations of all branches and functions of the tion 202(i) of the Legislative Reorganization 1996, under this section shall not exceed Government with particular reference to— Act of 1946, as amended), and (2) not to ex- $4,429,312, of which amount (1) not to exceed (i) the effectiveness of present national se- ceed $10,000, may be expended for the train- $75,000, may be expended for the procurement curity methods, staffing, and processes as ing of the professional staff of such commit- of the services of individual consultants, or tested against the requirements imposed by tee (under procedures specified by section organizations thereof (as authorized by sec- the rapidly mounting complexity of national 202(j) of such Act). tion 202(i) of the Legislative Reorganization security problems; (c) For the period March 1, 1996, through Act of 1946, as amended), and (2) not to ex- (ii) the capacity of present national secu- February 28, 1997, expenses of the committee ceed $2,470, may be expended for the training rity staffing, methods, and processes to under this section shall not exceed $3,026,449, of the professional staff of such committee make full use of the Nation’s resources of of which amount (1) not to exceed $30,000, (under procedures specified by section 202(j) knowledge and talents; may be expended for the procurement of the of such Act). (iii) the adequacy of present intergovern- services of individual consultants, or organi- (c) For the period March 1, 1996, through mental relations between the United States zations thereof (as authorized by section February 28, 1997, expenses of the committee and international organizations principally 202(i) of the Legislative Reorganization Act under this section shall not exceed $4,530,725, concerned with national security of which of 1946, as amended), and (2) not to exceed of which amount (1) not to exceed $75,000, the United States is a member; and $10,000, may be expended for the training of may be expended for the procurement of the (iv) legislative and other proposals to im- the professional staff of such committee services of individual consultants, or organi- prove these methods, processes, and relation- (under procedures specified by section 202(j) zations thereof (as authorized by section ships; of such Act). 202(i) of the Legislative Reorganization Act (F) the efficiency, economy, and effective- COMMITTEE ON FOREIGN RELATIONS of 1946, as amended), and (2) not to exceed ness of all agencies and departments of the SEC. 12. (a) In carrying out its powers, du- $2,470, may be expended for the training of Government involved in the control and ties, and functions under the Standing Rules the professional staff of such committee management of energy shortages including, of the Senate, in accordance with its juris- (under procedures specified by section 202(j) but not limited to, their performance with diction under rule XXV of such rules, includ- of such Act). respect to— ing holding hearings, reporting such hear- (d)(1) The committee, or any duly author- (i) the collection and dissemination of ac- ings, and making investigations as author- ized subcommittee thereof, is authorized to curate statistics on fuel demand and supply; ized by paragraphs 1 and 8 of rule XXVI of study or investigate— (ii) the implementation of effective energy the Standing Rules of the Senate, the Com- (A) the efficiency and economy of oper- conservation measures; mittee on Foreign Relations is authorized ations of all branches of the Government in- (iii) the pricing of energy in all forms; from March 1, 1995, through February 28, cluding the possible existence of fraud, mis- (iv) coordination of energy programs with 1997, in its discretion (1) to make expendi- feasance, malfeasance, collusion, mis- State and local government; tures from the contingent fund of the Sen- management, incompetence, corruption, or (v) control of exports of scarce fuels; ate, (2) to employ personnel, and (3) with the unethical practices, waste, extravagance, (vi) the management of tax, import, pric- prior consent of the Government department conflicts of interest, and the improper ex- ing, and other policies affecting energy sup- or agency concerned and the Committee on penditure of Government funds in trans- plies; Rules and Administration, to use on a reim- actions, contracts, and activities of the Gov- (vii) maintenance of the independent sec- bursable, or nonreimbursable, basis the serv- ernment or of Government officials and em- tor of the petroleum industry as a strong ices of personnel of any such department or ployees and any and all such improper prac- competitive force; agency. tices between Government personnel and (b) The expenses of the committee for the corporations, individuals, companies, or per- (viii) the allocation of fuels in short supply period March 1, 1995, through September 30, sons affiliated therewith, doing business by public and private entities; 1996, under this section shall not exceed with the Government; and the compliance or (ix) the management of energy supplies $2,647,720, of which amount (1) not to exceed noncompliance of such corporations, compa- owned or controlled by the Government; $45,000, may be expended for the procurement nies, or individuals or other entities with the (x) relations with other oil producing and of the services of individual consultants, or rules, regulations, and laws governing the consuming countries; organizations thereof (as authorized by sec- various governmental agencies and its rela- (xi) the monitoring of compliance by gov- tion 202(i) of the Legislative Reorganization tionships with the public; ernments, corporations, or individuals with Act of 1946, as amended), and (2) not to ex- (B) the extent to which criminal or other the laws and regulations governing the allo- ceed $1,000, may be expended for the training improper practices or activities are, or have cation, conservation, or pricing of energy of the professional staff of such committee been, engaged in the field of labor-manage- supplies; and (under procedures specified by section 202(j) ment relations or in groups or organizations (xii) research into the discovery and devel- of such Act). of employees or employers, to the detriment opment of alternative energy supplies; and (c) For the period March 1, 1996, through of interests of the public, employers, or em- (G) the efficiency and economy of all February 28, 1997, expenses of the committee ployees, and to determine whether any branches and functions of Government with under this section shall not exceed $2,708,841, changes are required in the laws of the Unit- particular references to the operations and of which amount not to exceed $45,000, may ed States in order to protect such interests management of Federal regulatory policies be expended for the procurement of the serv- against the occurrence of such practices or and programs: Provided, That, in carrying ices of individual consultants, or organiza- activities; out the duties herein set forth, the inquiries S 1548 CONGRESSIONAL RECORD — SENATE January 25, 1995 of this committee or any subcommittee of the Senate, in accordance with its juris- ings, and making investigations as author- thereof shall not be deemed limited to the diction under rule XXV of such rules, includ- ized by paragraphs 1 and 8 of rule XXVI of records, functions, and operations of any ing holding hearings, reporting such hear- the Standing Rules of the Senate, the Com- particular branch of the Government; but ings, and making investigations as author- mittee on Small Business is authorized from may extend to the records and activities of ized by paragraphs 1 and 8 of rule XXVI of March 1, 1995, through February 28, 1997, in any persons, corporation, or other entity. the Standing Rules of the Senate, the Com- its discretion (1) to make expenditures from (2) Nothing contained in this section shall mittee on Labor and Human Resources is au- the contingent fund of the Senate, (2) to em- affect or impair the exercise of any other thorized from March 1, 1995, through Feb- ploy personnel, and (3) with the prior con- standing committee of the Senate of any ruary 28, 1997, in its discretion (1) to make sent of the Government department or agen- power, or the discharge by such committee expenditures from the contingent fund of the cy concerned and the Committee on Rules of any duty, conferred or imposed upon it by Senate, (2) to employ personnel, and (3) with and Administration, to use on a reimburs- the Standing Rules of the Senate or by the the prior consent of the Government depart- able, or nonreimbursable basis, the services Legislative Reorganization Act of 1946, as ment or agency concerned and the Commit- of personnel of any such department or agen- amended. tee on Rules and Administration, to use on a cy. (3) For the purposes of this section, the reimbursable, or nonreimbursable, basis the (b) The expenses of the committee for the committee, or any duly authorized sub- services of personnel of any such department period March 1, 1995, through September 30, committee thereof, or its chairman, or any or agency. 1996, under this section shall not exceed other member of the committee or sub- (b) The expenses of the committee for the $1,059,861, of which amount (1) not to exceed committee designated by the chairman, from period March 1, 1995, through September 30, $10,000, may be expended for the procurement March 1, 1995, through February 28, 1997, is 1996, under this section shall not exceed of the services of individual consultants, or authorized, in its, his, or their discretion (A) $4,018,406, of which amount not to exceed organizations thereof (as authorized by sec- to require by subpoena or otherwise the at- $22,500, may be expended for the procurement tion 202(i) of the Legislative Reorganization tendance of witnesses and production of cor- of the services of individual consultants, or Act of 1946, as amended), and (2) not to ex- respondence, books, papers, and documents, organizations thereof (as authorized by sec- (B) to hold hearings, (C) to sit and act at any tion 202(i) of the Legislative Reorganization ceed $5,000, may be expended for the training time or place during the sessions, recess, and Act of 1946, as amended). of the professional staff of such committee adjournment periods of the Senate, (D) to ad- (c) For the period March 1, 1996, through (under procedures specified by section 202(j) minister oaths, and (E) to take testimony, February 28, 1997, expenses of the committee of such Act). either orally or by sworn statement, or, in under this section shall not exceed $4,111,256, (c) For the period March 1, 1996, through the case of staff members of the Committee of which amount not to exceed $22,500, may February 28, 1997, expenses of the committee and the Permanent Subcommittee on Inves- be expended for the procurement of the serv- under this section shall not exceed $1,083,793, tigations, by deposition in accordance with ices of individual consultants, or organiza- of which amount (1) not to exceed $10,000, the Committee Rules of Procedure. tions thereof (as authorized by section 202(i) may be expended for the procurement of the (4) All subpoenas and related legal proc- of the Legislative Reorganization Act of 1946, services of individual consultants, or organi- esses of the committee and its subcommittee as amended). zations thereof (as authorized by section authorized under S. Res. 71 of the One Hun- COMMITTEE ON RULES AND ADMINISTRATION 202(i) of the Legislative Reorganization Act dred Third Congress, second session, are au- of 1946, as amended), and (2) not to exceed SEC. 16. (a) In carrying out its powers, du- $5,000, may be expended for the training of thorized to continue. ties, and functions under the Standing Rules the professional staff of such committee COMMITTEE ON THE JUDICIARY of the Senate, in accordance with its juris- (under procedures specified by section 202(j) SEC. 14. (a) In carrying out its powers, du- diction under rule XXV of such rules, includ- of such Act). ties, and functions under the Standing Rules ing holding hearings, reporting such hear- of the Senate, in accordance with its juris- ings, and making investigations as author- COMMITTEE ON VETERANS’ AFFAIRS diction under rule XXV of such rules, includ- ized by paragraphs 1 and 8 of rule XXVI of SEC. 18. (a) In carrying out its powers, du- ing holding hearings, reporting such hear- the Standing Rules of the Senate, the Com- ties, and functions under the Standing Rules ings, and making investigations as author- mittee on Rules and Administration is au- of the Senate, in accordance with its juris- ized by paragraphs 1 and 8 of rule XXVI of thorized from March 1, 1995, through Feb- diction under rule XXV of such rules, includ- the Standing Rules of the Senate, the Com- ruary 28, 1997, in its discretion (1) to make ing holding hearings, reporting such hear- mittee on the Judiciary is authorized from expenditures from the contingent fund of the ings, and making investigations as author- March 1, 1995, through February 28, 1997, in Senate, (2) to employ personnel, and (3) with ized by paragraphs 1 and 8 of rule XXVI of its discretion (1) to make expenditures from the prior consent of the Government depart- the Standing Rules of the Senate, the Com- the contingent fund of the Senate, (2) to em- ment or agency concerned and the Commit- mittee on Veterans’ Affairs is authorized ploy personnel, and (3) with the prior con- tee on Rules and Administration, to use on a from March 1, 1995, through February 28, sent of the Government department or agen- reimbursable, or nonreimbursable, basis the 1997, in its discretion (1) to make expendi- cy concerned and the Committee on Rules services of personnel of any such department tures from the contingent fund of the Sen- and Administration, to use on a reimburs- or agency. ate, (2) to employ personnel, and (3) with the able, or nonreimbursable, basis the services (b) The expenses of the committee for the prior consent of the Government department of personnel of any such department or agen- period March 1, 1995, through September 30, or agency concerned and the Committee on cy. 1996, under this section shall not exceed Rules and Administration, to use on a reim- (b) The expenses of the committee for the $1,309,439, of which amount (1) not to exceed bursable or nonreimbursable basis, the serv- period March 1, 1995, through September 30, $50,000, may be expended for the procurement ices of personnel of any such department or 1996, under this section shall not exceed of the services of individual consultants, or agency. $4,260,450, of which amount (1) not to exceed organizations thereof (as authorized by sec- (b) The expenses of the committee for the $40,000, may be expended for the procurement tion 202(i) of the Legislative Reorganization period March 1, 1995, through September 30, of the services of individual consultants, or Act of 1946, as amended), and (2) not to ex- 1996, under this section shall not exceed organizations thereof (as authorized by sec- ceed $3,500, may be expended for the training $1,097,451, of which amount not to exceed tion 202(i) of the Legislative Reorganization of the professional staff of such committee $3,000, may be expended for the training of Act of 1946, as amended), and (2) not to ex- (under procedures specified by section 202(j) the professional staff of such committee ceed $1,000, may be expended for the training of such Act). (under procedures specified by section 202(j) of the professional staff of such committee (c) For the period March 1, 1996, through of the Legislative Reorganization Act of 1946, (under procedures specified by section 202(j) February 28, 1997, expenses of the committee as amended). of such Act.) under this section shall not exceed $1,340,234, (c) For the period March 1, 1996, through (c) For the period March 1, 1996, through of which amount (1) not to exceed $50,000, February 28, 1997, expenses of the committee February 28, 1997, expenses of the committee may be expended for the procurement of the under this section shall not exceed $1,122,714, under this section shall not exceed $4,359,828, services of individual consultants, or organi- of which amount not to exceed $3,000 may be of which amount (1) not to exceed $40,000, zations thereof (as authorized by section expended for the training of the professional may be expended for the procurement of the 202(i) of the Legislative Reorganization Act staff of such committee (under procedures services of individual consultants, or organi- of 1946, as amended), and (2) not to exceed specified by section 202(j) of the Legislative zations thereof (as authorized by section $3,500, may be expended for the training of Reorganization Act of 1946, as amended). 202(i) of the Legislative Reorganization Act the professional staff of such committee of 1946, as amended), and (2) not to exceed (under procedures specified by section 202(j) SPECIAL COMMITTEE ON AGING $1,000, may be expended for the training of of such Act). SEC. 19. (a) In carrying out the duties and the professional staff of such committee COMMITTEE ON SMALL BUSINESS functions imposed by section 104 of S. Res. 4, (under procedures specified by section 202(j) SEC. 17. (a) In carrying out its powers, du- agreed to February 4, 1977, (95th Congress), of such Act). ties, and functions under the Standing Rules and in exercising the authority conferred on COMMITTEE ON LABOR AND HUMAN RESOURCES of the Senate, in accordance with its juris- it by such section, the Special Committee on SEC. 15. (a) In carrying out its powers, du- diction under rule XXV of such rules, includ- Aging is authorized from March 1, 1995, ties, and functions under the Standing Rules ing holding hearings, reporting such hear- through February 28, 1997, in its discretion January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1549

(1) to make expenditures from the contin- man and Ranking Member of the Committee SELECT COMMITTEE ON INTELLIGENCE gent fund of the Senate, (2) to employ per- on Rules and Administration, be available to Mr. CRAIG. Mr. President, I ask sonnel, and (3) with the prior consent of the any committee for the purposes provided in unanimous consent that the Select Government department or agency con- subsection (b). During March 1995, obliga- Committee on Intelligence be author- cerned and the Committee on Rules and Ad- tions incurred but not paid through Feb- ministration, to use on a reimbursable, or ruary 28, 1995, shall be paid from the unex- ized to meet during the session of the nonreimbursable basis, the services of per- pended balances before transfer to the spe- Senate on Wednesday, January 25, 1995 sonnel of any such department or agency. cial reserves and any obligations so paid at 2 p.m. to hold a closed hearing on in- (b) The expenses of the committee for the shall be deducted from the unexpended bal- telligence matters. period March 1, 1995, through September 30, ances transferred to the special reserves. The PRESIDING OFFICER. Without 1996, under this section shall not exceed (b) The reserves established in subsections objection, it is so ordered. $1,108,255. (a) shall be available for the period com- COMMITTEE ON CONSTITUTION, FEDERALISM, (c) For the period March 1, 1996, through mencing March 1, 1995, and ending with the February 28, 1997, expenses of the committee close of September 30, 1995, for the purpose of AND PROPERTY RIGHTS under this section shall not exceed $1,132,974. (1) meeting any unpaid obligations incurred Mr. CRAIG. Mr. President, I ask SELECT COMMITTEE ON INTELLIGENCE during the funding period ending on the last unanimous consent that the Sub- SEC. 20. (a) In carrying out its powers, du- day of February 1995, and which were not de- committee on the Constitution, Fed- ties, and functions under S. Res. 400, agreed ducted from the unexpended balances under eralism, and Property Rights of the to May 19, 1976 (94th Congress), in accordance subsection (a), and (2) meeting expenses in- Senate Committee on the Judiciary, be with its jurisdiction under section 3(a) of curred after such last day and prior to the authorized to meet during a session of close of September 30, 1995. such resolution, including holding hearings, the Senate on Wednesday January 25, reporting such hearings, and making inves- SEC. 23. (a) It is the sense of the Senate tigations as authorized by section 5 of such that space assigned to the respective com- 1995, at 10 a.m., in Senate Dirksen resolution, the Select Committee on Intel- mittees of the Senate covered by this resolu- room 226, on congressional term limits. ligence is authorized from March 1, 1995, tion shall be reduced commensurate with the The PRESIDING OFFICER. Without through February 29, 1997, in its discretion reductions in authorized staff funded herein. objection, it is so ordered. The Committee on Rules and Administration (1) to make expenditures from the contin- f gent fund of the Senate, (2) to employ per- is expected to recover such space for the pur- sonnel, and (3) with the prior consent of the pose of equalizing Senators offices to the ex- ADDITIONAL STATEMENTS Government department or agency con- tent possible, taking into consideration the cerned and the Committee on Rules and Ad- population of the respective states according ministration, to use on a reimbursable, or to the existing procedures and to consolidate nonreimbursable, basis the services of per- the space for Senate committees in order to THE ELKAY MANUFACTURING sonnel of any such department or agency. reduce the cost of support equipment, office CO.’S 75TH ANNIVERSARY (b) The expenses of the committee for the furniture, and office accessories. ∑ Mr. SIMON. Mr. President, I would period March 1, 1995, through September 30, f 1996, under this section shall not exceed like to recognize the Elkay Manufac- $2,064,860, of which amount not to exceed turing Co. which is celebrating its 75th $30,000, may be expended for the procurement AUTHORITY FOR COMMITTEES TO year in business today. Elkay has en- of the services of individual consultants, or MEET joyed steady growth and solid achieve- organizations thereof (as authorized by sec- COMMITTEE ON FINANCE ments throughout its existence, includ- tion 202(i) of the Legislative Reorganization Mr. CRAIG. Mr. President, I ask ing many industry innovations. Act of 1946, as amended). Over the past 75 years, Elkay Manu- (c) For the period March 1, 1996, through unanimous consent that the Finance February 28, 1997, expenses of the committee Committee be permitted to meet facturing has grown from a small fa- under this section shall not exceed $2,133,120, Wednesday, January 25, 1995, beginning ther-and-son manufacturer of hand- of which amount not to exceed $20,000, may at 9:30 a.m., in room 215 of the Dirksen made German silver sinks to the world be expended for the procurement of the serv- Senate Office Building, to conduct a leader in the sales of stainless steel ices of individual consultants, or organiza- hearing on the economic outlook for sinks and water coolers. As a result of tions thereof (as authorized by section 202(i) the Nation. this continued success, employment at of the Legislative Reorganization Act of 1946, Elkay Manufacturing has grown from 3 as amended). The PRESIDING OFFICER. Without objection, it is so ordered. employees in 1920 to 2,300 employees COMMITTEE ON INDIAN AFFAIRS today. SEC. 21. (a) In carrying out the duties and COMMITTEE ON FOREIGN RELATIONS Elkay Manufacturing has consist- functions imposed by section 105 of S. Res. 4, Mr. CRAIG. Mr. President, I ask ently been able to recognize positive agreed to February 4, 1977 (95th Congress), unanimous consent that the Commit- and in exercising the authority conferred on opportunities and respond to them. tee on Foreign Relations be authorized This strong awareness of both industry it by such section, the Committee on Indian to meet during the session of the Sen- Affairs is authorized from March 1, 1995, and customer needs is what has en- through February 28, 1997, in its discretion ate on Wednesday, January 25, 1995, at abled Elkay to become a leader in the (1) to make expenditures from the contin- 2 p.m. to hold a hearing on the North industry. gent fund of the Senate, (2) to employ per- Korea Nuclear Agreement. I am proud to recognize the achieve- sonnel, and (3) with the prior consent of the The PRESIDING OFFICER. Without ments of Elkay Manufacturing and its Government department or agency con- objection, it is so ordered. cerned and the Committee on Rules and Ad- commitment to high standards, qual- ministration, to use on a reimbursable, or COMMITTEE ON GOVERNMENTAL AFFAIRS ity, and continuing innovation in the nonreimbursable, basis the Services of per- Mr. CRAIG. Mr. President, I ask products it manufactures in Illinois sonnel of any such department or agency. unanimous consent on behalf of the and across the Nation.∑ (b) The expenses of the committee for the Governmental Affairs Committee to f period March 1, 1995, through September 30, meet on Wednesday, January 25, at 9:30 1996, under this section shall not exceed a.m. on the subject of Reinventing TRIBUTE TO ROBERT H. $1,119,088. Government I: Welfare Reform. GRASMERE (c) For the period March 1, 1996, through The PRESIDING OFFICER. Without February 28, 1997, expenses of the committee ∑ Mr. LAUTENBERG. Mr. President, I under this section shall not exceed $1,143,036. objection, it is so ordered. rise today to honor Robert H. SPECIAL RESERVES COMMITTEE ON RULES AND ADMINISTRATION Grasmere, former mayor of Maplewood SEC. 22. (a) Of the funds authorized for the Mr. CRAIG. Mr. President, I ask Township in New Jersey. Senate committees listed in sections 3 unanimous consent that the Commit- Robert Grasmere has served the Ma- through 21 by Senate Resolution 71, agreed tee on Rules and Administration be au- plewood community for 34 years. He to February 25, 1993, as amended (103rd Con- thorized to meet during the session of was first elected to the township com- gress), for the funding period ending on the the Senate on Wednesday, January 25, mittee in 1960 and was subsequently re- last day of February 1995, any unexpended 1995, at 9:30 a.m., to markup a resolu- elected for 11 more 3 year terms. His balances remaining shall be transferred to a special reserve which shall, on the basis of a tion for Senate Committee Funding for contributions, however, do not end special need and at the request of a Chair- 1995 and 1996. there. Mr. Grasmere also served Maple- man and Ranking Member of any such com- The PRESIDING OFFICER. Without wood Township as mayor for 23 years mittee, and with the approval of the Chair- objection, it is so ordered. from 1970 until 1993. S 1550 CONGRESSIONAL RECORD — SENATE January 25, 1995 His leadership and hard work earned in Canada and New Zealand because of exces- neighborhood block clubs where local him recognition from the citizens of sive violence. high school students improve math and Maplewood and the State of New Jer- When asked recently to define quality chil- science skills by learning to monitor dren’s television, Shari Lewis replied: ‘‘You sey. The New Jersey State League of must role model for kids the kind of behav- the local air quality. Municipalities awarded Mayor ior you want. If the intention is to do a pro- I commend the Bethel New Life Orga- Grasmere the Presidential Citation for gram that seduces children to watch through nization for its dedication and commit- Extraordinary Service in 1988 and in explosions, chases, crashes, verbal and phys- ment to job creation and enrichment in 1991, he was the recipient of Elected Of- ical hostility, and aggression, I don’t care if Chicago’s urban areas. It is my hope ficial Award from the American Public you tack on a pro-social message at the end that Bethel will serve as a model for Works Association for his outstanding of the show.’’ other community organizations work- public works. That is exactly what has happened under ing to better their neighborhoods. the Children’s Television Act. Broadcasters ∑ Mr. Grasmere’s dedication to the Ma- have produced some so-called educational f plewood community led him to be a programs. But what many of these programs founding member of the Durand- do, in the words of a Christian Science Mon- AMENDMENT OF TITLE 2, UNITED Hedden House and Garden Association, itor editorial, is to ‘‘hide a smidgen of edu- STATES CODE, SECTION 61H–6 an organization who’s many causes cational nutrition inside a candy bar of fre- netic entertainment.’’ And the truth remains The text of the bill (S. 273) to amend concluded the restoration of a title 2, United States Code, section 61h– prerevolutionary property in Maple- that children learn far more from all the ac- tion and freneticism than they do from the 6, as passed by the Senate on January wood. It has since been designated as moralistic words. 24, 1995, is as follows: Grasmere Park in honor of this out- The FCC is currently deciding if it should S. 273 standing person. strengthen the regulations that implement Robert H. Grasmere is an exceptional the Children’s Television Act. The National Be it enacted by the Senate and House of Rep- citizen who has dedicated his life to the Education Association is one of more than a resentatives of the United States of America in people of Maplewood and the State of dozen education and children’s advocacy or- Congress assembled, That section 61h–6 of title 2; The Congress, Chapter 4—Officers and Em- New Jersey. I congratulate him on his ganizations urging the Commission to put real teeth into its rules. We want the FCC to ployees of Senate and House of Representa- numerous past successes and what I am define educational programs and to require tives; United States Code, is amended to read sure will be many more successes yet that stations schedule at least one hour of as follows: to come.∑ such programming for children each day. ‘‘§ 61h–6. Appointment of consultants by Ma- f These programs should be of standard length jority Leader, Minority Leader, Secretary (not announcements or shorts) and be shown of the Senate, and Legislative Counsel of CHILDREN AND TELEVISION between 7 a.m. and 10 p.m. (nearly half of the Senate; compensation educational programs now air between mid- Mr. SIMON. Mr. President, I would ‘‘(a) The Majority Leader and the Minority ∑ night and 6:30 a.m.). Leader, are each authorized to appoint and like to insert a statement by Keith Given the fact that 70 million children in fix the compensation of not more than four Geiger in the CONGRESSIONAL RECORD. our country watch an average of four hours individual consultants, on a temporary or The statement follows: of television a day. I’d like to issue a chal- intermittent basis, at a daily rate of com- lenge. Let every station agree that from 8 [From the National Education Association] pensation not in excess of the per diem a.m. to 10 a.m. on Saturdays, all its chil- CHILDREN, TV, AND THE PUBLIC GOOD equivalent of the highest gross rate of an- dren’s shows will be truly educational. That (By Keith Geiger) nual compensation which may be paid to em- should take care of any competitive worries. ployees of a standing committee of the Sen- Do you believe that ‘‘Super Mario Broth- And it would give our children two options: ate. The Secretary of the Senate is author- ers,’’ the cartoon based on the popular video watch an educational show or turn off the ized to appoint and fix the compensation of game, teaches children self-confidence? TV. Whichever they choose, America wins. not more than two individual consultants, Would you call television broadcasts of ‘‘G.I. Television wields immense influence over on a temporary or intermittent basis, at a Joe,’’ ‘‘The Flintstones,’’ and ‘‘The Jetsons’’ children. It defines the games they play, the daily rate of compensation not in excess of educational programming? clothes they wear, the way they view their the per diem equivalent of the highest gross Welcome to the world of children’s tele- world. It’s time we confront the power of rate of annual compensation which may be vision—where these and other equally as- this medium and insist that those who profit paid to employees of a standing committee tounding assertions are made regularly by from it also have a social responsibility to of the Senate. The Legislative Counsel of the TV stations applying to the Federal Commu- use it to contribute to the public good.∑ nications Commission for license renewal. Senate (subject to the approval of the Presi- f Even more remarkable,the FCC agrees that dent Pro Tempore) is authorized to appoint these programs serve ‘‘the educational and and fix the compensation of not more than THE BETHEL NEW LIFE two consultants, on a temporary or intermit- informational needs of children’’ as required ORGANIZATION by the Children’s Television Act. tent basis, at a daily rate of compensation Here we are, a nation deeply concerned ∑ Mr. SIMON. Mr. President, I would not in excess of that specified in the first about the lack of values, the level of vio- like to recognize the achievements of sentence of this section. The provisions of lence, and the academic achievement of our the Bethel New Life Organization of section 8344 of title 5 shall not apply to any individual serving in a position under this children and youth. But flip through the Chicago, IL. Bethel New Life has been channels and Saturday morning or weekday authority. Expenditures under this authority chosen as one of the 24 winners of this shall be paid from the contingent fund of the afternoon. You’ll find program after program year’s Renew America for Environ- glorifying space-age shoot-em-ups, ninja Senate upon vouchers approved by the Presi- warriors, brutality and mayhem. Many of mental Sustainability Award. dent Pro Tempore, Majority Leader, Minor- the shows are nothing more than pro- Bethel New Life is dedicated to re- ity Leader, Secretary of the Senate, or Leg- motional vehicles for toys. versing the trend toward urban decay islative Counsel of the Senate, as the case With a very few—immediately obvious—ex- and has focused its efforts in Chicago’s may be. ceptions, television aimed at children is the west side neighborhoods. Building on ‘‘(b) The Majority Leader, and the Minor- ity Leader, in appointing individuals to con- domain of toy manufacturers. In the words established community resources, of Shari Lewis of Lamb Chop fame, ‘‘Our sultant positions under authority of this sec- Bethel has developed several job-cre- tion, may appoint one such individual to kids are very much for sale to the highest ation programs. Bethel also con- bidder.’’ such position at an annual rate of compensa- This isn’t a new phenomenon. It’s the rea- centrates on the needs of Chicago’s el- tion rather than at a daily rate of compensa- son the Children’s Television Act was passed derly by sustaining a home-based elder tion, but such annual rate shall not be in ex- four years ago. The problem is, this act care program that will create 325 new cess of the highest gross rate of annual com- hasn’t changed children’s programming. It jobs in the area. pensation which may be paid to employees of was written very broadly, and the FCC rules Additionally, Bethel is working with a standing committee of the Senate.’’. governing its implementation are weak. Argonne National Laboratory to de- f There’s no definition of what constitutes velop a local recycling and manufac- educational programming—or of how much turing center with a materials process- ORDERS FOR TOMORROW of it a station must provide. So ‘‘G.I. Joe’’ and ‘‘Super Mario Brothers’’ ing plant already in operation. Commu- Mr. LOTT. Mr. President, I under- become ‘‘educational.’’ And millions of U.S. nity involvement is crucial to the suc- stand that the distinguished Demo- children watch ‘‘Mighty Morphin Power cess of Bethel’s program, and this is ac- cratic leader may be here momentarily Rangers,’’ which has been taken off the air complished through Bethel’s support of to participate in the closing. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1551 Mr. President, I ask unanimous con- against the arbitrary denial of health On behalf of my colleagues, I con- sent that when the Senate completes benefits for which they have paid pre- gratulate the President on his State of its business today it stand in recess miums; replacing welfare as we know it the Union Address. We look forward to until the hour of 9 a.m. on Thursday, with work as most of us know it; secur- the challenging agenda he has set out January 26, 1995; that following the ing our border against illegal entrants; for all of us this year. prayer, the Journal of proceedings be reducing the size of Government, and Mr. President, I ask unanimous con- deemed approved to date, and the time shifting resources and decision making sent that the full text of the Presi- for the two leaders be reserved for their from bureaucrats to citizens. dent’s address be printed in the use later in the day; that the Senate On other goals the chance for biparti- RECORD. then immediately resume consider- san support is unclear, but I am hope- There being no objection, the mate- ation of S. 1 and pending will be the ful we can achieve it: rial was ordered to be printed in the Boxer amendment No. 201. I further ask Addressing fundamental national RECORD, as follows: unanimous consent that immediately needs like immunization against child- following the conclusion of the Boxer hood disease, school lunches, Head PRESIDENT WILLIAM JEFFERSON CLINTON’S amendment, the Senate proceed to vote Start, medical care and nutrition for STATE OF THE UNION ADDRESS, JANUARY 24, on the motion to table the Lautenberg pregnant women and infants, and meet- 1995 amendment No. 199. ing Government’s responsibilities to its Mr. President. Mr. Speaker, Members of The PRESIDING OFFICER. Without people by promoting educational op- the 104th Congress. My fellow Americans: portunity and protecting veterans, So- Again we are here in the sanctuary of de- objection, it is so ordered. mocracy, and once again our democracy has f cial Security, and Medicare. We know that there will be partisan spoken. To all of you in the 104th Congress, to you, Mr. Speaker: Congratulations. ORDER OF PROCEDURE fights ahead. Some will reflect prin- If we agree on nothing else, we must agree Mr. LOTT. Mr. President, I ask unan- cipled differences of belief. Some will that the American people voted for change in imous consent that following the con- probably reflect maneuvering for 1992 and 1994. We didn’t hear America sing- clusion of the minority leader’s state- short-term political advantage. ing—we heard America shouting. Now, we ment, the Senate stand in recess under Americans are used to that. It is in- must say: We hear you. We will work to- the previous order. evitable in a competitive political sys- gether to earn your trust. For we are the keepers of a sacred trust, The PRESIDING OFFICER. Without tem such as ours. and we must be faithful to it in this new era. objection, it is so ordered. What was more compelling about the President’s speech, however, was his Over two hundred years ago, our Founders Mr. LOTT. Mr. President, I suggest changed the course of history by joining to- the absence of a quorum. reminder to all of us, private citizens and members of Congress alike, that, gether to create a new country based on a The PRESIDING OFFICER. The powerful idea: We hold these truths to be in many cases, none of us has to wait clerk will call the roll. self-evident, that all men are created equal; for the Government or anyone else to The bill clerk proceeded to call the that they are endowed by their creator with tell us how to do the right thing. roll. certain inalienable rights; that among these He is talking about citizenship. And Mr. DASCHLE. Mr. President, I ask are Life, Liberty and the Pursuit of Happi- that is a tenet and responsibility to unanimous consent that the order for ness. which all of us subscribe, but some- the quorum call be rescinded. It has fallen to every generation since to times forget. preserve that idea—the American idea—and The PRESIDING OFFICER. Without Members of Congress must adopt true to expand its meaning in new and different objection, it is so ordered. congressional reforms that address the times. To Lincoln and his Congress: To pre- f undue influence of lobbyists and spe- serve the Union and end slavery. To Theo- dore Roosevelt and Woodrow Wilson: To re- THE STATE OF THE UNION cial interests. And, as the President said, that reform must include cam- strain the abuses and excesses of the Indus- ADDRESS trial Revolution, and to assert America’s paign finance reform. leadership in the world. To Franklin Roo- Mr. DASCHLE. Mr. President, last The President asked businesses night the President spoke to the Con- sevelt; To fight the failure of the Great De- whose sales are up and whose profits pression and our century’s great struggle gress and to the Nation. He set out an are healthy to share their good fortune against fascism. To all our Presidents since: agenda for action. He told us where he with their workers; to keep American To fight the Cold War. Especially to two, wants to take the country and how he plants open in America; to give work- who struggled in partnership with Con- will accomplish his goals. ers a bonus when the company does gresses of the opposite party. To Harry Tru- While the audience in the House well. Every employer in this country man, who summoned us to unparralled pros- chamber looked somewhat different knows what the President was talking perity at home and constructed the architec- from last year’s audience, the Presi- about. ture of the Cold War world. And to Ronald Reagan, who exhorted us to carry on until dent’s message remained the same: We We who have been blessed beyond must help working families who are the twilight struggle against Communism others in our Nation know that we was won. squeezed between rising prices and didn’t achieve our successes along. In another time of change and challenge, I stagnant incomes. Each and every one of us can remember became the first President to be elected in The President spoke for all Demo- the helping hand, the encouragement, the post-Cold War era, an era marked by the crats when he said we believe in oppor- the push when we needed it—from a global economy, the information revolution, tunity for every American willing to parent, a teacher, a colleague, a fellow unparalleled change and opportunity and in- work hard enough to earn it. American. security for ordinary Americans. I came to We believe in political reform that The President spoke to our greatest this hallowed chamber two years ago on a puts regular people ahead of lobbyists national tradition as a people, the tra- mission: To restore the American Dream for and special interests. all our people and to ensure that we move dition of giving back. I think he spoke into the 21st Century still the world’s strong- We believe in recasting Government wisely and well, to Americans in pri- est force for freedom and democracy. to make it leaner and more responsive vate life as well as to government offi- I was determined to tackle tough prob- to society’s contemporary needs. cials. lems, too long ignored. In these efforts I And we believe that middle-class The President’s address was impor- have made my mistakes and learned again families are the backbone of this Na- tant. But what we do over the next 2 the importance of humility in all human en- tion and that Government actions years in the critical issue. Democrats deavor. But I am proud to say that, tonight, should reflect their values and beliefs. and Republicans need to work to- our country is stronger than it was two That agenda responds directly to the gether, and Democrats are ready to do years ago. Nation’s needs, and many of his goals that. Record numbers of Americans are succeed- ing in the new global economy. We are at have bipartisan support: It is my hope that Republicans will peace and a force for peace and freedom Providing tax cuts for middle-class join the President and us in the effort throughout the world. We have almost six families that are paid for with real to address the real world concerns of million new jobs since I became President. spending cuts; implementing health in- the middle class and bring genuine re- We have the lowest combined rate of unem- surance reforms to protect people form to Washington. ployment and inflation in over 25 years. We S 1552 CONGRESSIONAL RECORD — SENATE January 25, 1995 have expanded trade, put more police on our sive gifts . . . business as usual. Twice this loan applications because of our new college streets, given our citizens more tools to get month, you have voted not to stop these loan program that cut costs to the tax- an education and rebuild their communities. gifts. Well, there doesn’t have to be a law for payers, cuts costs to students, and gives peo- But the rising tide is not lifting all boats. everything. Tonight, I challenge you to just ple a better way to pay back their college While our nation is enjoying peace and stop taking them—now, without waiting for loans, and cut out bureaucracy. prosperity, too many of our people are still legislation to pass. Then, send me the Previous government reform reports gath- working harder and harder for less and less. strongest possible lobby reform bill, and I’ll ered dust. We are getting results. And we’re While our businesses are restructuring and sign it. not through. There is going to be a second growing more competitive, too many of our Require the lobbyists to tell the people round of reinventing government. We pro- people can’t be sure of even having a job next who they work for, what they’re spending year or even next month. And far more than and what they want. And let’s curb the role pose to cut $130 billion in spending by our material riches are threatened: Things of big money in our elections, by capping the shrinking departments, extending our freeze far more precious—our children, our fami- cost of campaigns and limiting the influence on domestic spending, cutting 60 public hous- lies, our values. of PACs, and opening the people’s airwaves ing programs down to three. Getting rid of Our civil life is suffering. Citizens are to be an instrument of democracy, by giving over 100 programs we don’t need—like the working together less, shorting at each other free TV time to candidates. Interstate Commerce Commission and the more. The common bonds of community When Congress killed political reform last helium reserve program. which have been the great strength of this year, the lobbyists actually stood in the These programs have outlived their useful- country from its beginning are badly frayed. halls of this sacred building and cheered. ness. We have to cut yesterday’s government What are we do to about it? More than 60 This year, let’s give the folks at home some- to help solve tomorrow’s problems. years ago, at the dawn of another new era, thing to cheer about. And we need to get government closer to Franklin Roosevelt told the nation: ‘‘New More important, let’s change the govern- the people it’s meant to serve. Where states conditions impose new requirements on gov- ment—let’s make it smaller, less costly and and communities, private citizens and the ernment and those who conduct govern- smarter—leaner, not meaner. private sector can do a better job, we should ment’’ From that simple proposition, he The New Covenant is an approach to gov- get out of the way. We’re taking power away shaped the New Deal, which helped restore erning that is different from the old bureau- from federal bureaucracies and giving it our nation to prosperity and defined the re- cratic way as the computer is from the man- lationship between Americans and their gov- ual typewriter. The old way protected the or- back to communities and individuals. And ernment for half a century. ganized interests. The New Covenant looks it’s time for Congress to stop passing on to That approach worked in its time. But we out for the interests of ordinary people, the the states the cost of the decisions we make today, we face a new time and different con- old way divided us by interests, constituency here in Washington. ditions. We are moving from an Industrial or class. The New Covenant unites us behind For years, Congress has concealed in the Age built on gears and sweat, to an Informa- a common vision of what’s best for our coun- budget scores of pet spending projects—and tion Age that will demand more skills and try. last year was no different: A million dollars learning. Our government, once a champion The old way dispensed services through to study stress in plants, $12 million for a of national purpose, is now seen as a captive large, hierarchical, inflexible bureaucracies. tick-removal programs that didn’t even of narrow interests, putting more burdens on The New Covenant shifts resources and deci- work. Give me the line item veto and I’ll our citizens, instead of equipping them to sion-making from bureaucrats to citizens, save the taxpayers money. get ahead. The values that used to hold us injecting choice, competition and individual But when we cut, let’s remember that gov- together are coming apart. responsibility into national policy. ernment still has important responsibilities: So, tonight, we must forge a new social The old way seemed to reward failure. The Our young people hold our future in their compact, to meet the challenges of our time. New Covenant has built-in incentives to re- hands; we owe a debt to our veterans who As we enter a new era, we need a new set of ward success. The old way was centralized in were willing to risk their lives for us; the el- understandings, not just with our govern- Washington. The New Covenant must take ment but more important, with one another. hold in communities across the country. derly have made us what we are. My budget That is what I want to talk to you about Our job here is to expand opportunity, not cuts a lot, but it protects education, veter- tonight. I call it a New Covenant, but it is bureaucracy: To empower people to make ans, Social Security, and Medicare and so grounded in a very old idea: That all Ameri- the most of their own lives; to enhance our should you. cans have not just a right, but a responsibil- security at home and abroad. And when we give more flexibility to the ity to rise as far as their God-given talents We must go beyond the sterile debate be- states, let’s remember certain fundamental and determination can take them, and to tween the illusion that there is a program national needs that should be addressed in give something back to their communities for every problem and the illusion that gov- every state. Immunization against childhood and their country in return. ernment is the source of all our problems. disease; school lunches; Head Start; medical Opportunity and responsibility go hand-in- Our job is to get rid of yesterday’s govern- care and nutrition for pregnant women and hand. We can’t have one without the other. ment so our people can meet today’s and to- infants—they’re in the national interest. And our national community can’t hold to- morrow’s needs. I applaud your desire to get rid of costly, gether without both. For years before I became President, oth- unnecessary regulations. But when we de- Our New Covenant is a new set of under- ers had been saying they would cut govern- regulate, let’s remember what national ac- standings for how we can equip our people to ment, but not much happened. We did it. We tion in the national interest has given us: meet the challenges of the new economy, cut over a quarter of a trillion dollars in Safer food for our families; safer toys for our how we can change the way our government spending, more than 300 domestic programs, works to fit a different time and, above all, more than 100,000 positions from the federal kids; safer nursing homes for you parents. how we can repair the damaged bonds in our bureaucracy in the last two years alone. Safer cars and highways. And safer work- society and come together behind our com- Based on decisions we have already made, we places. Clean water and clean air. mon purpose. We must have dramatic change will have cut a total of more than a quarter Do we need more common sense and fair- in our economy, in our government and in million positions, making the federal gov- ness in our regulations? You bet we do. But ourselves. ernment the smallest it has been since John we can have common sense and still provide Let us rise to the occasion. Let us put Kennedy was President. for safe drinking water. We can have fairness aside partisanship, pettiness, and pride. As Under the leadership of Vice President and still clean up toxic waste dumps. And we we embark on a new course, let us put our Gore, our initiatives have already saved tax- ought to do it. country first, remembering that regardless payers $63 billion. The age of the $500 ham- Should we cut the deficit more? Of course, of our party labels, we are all Americans. mer is gone. Deadwood programs like mohair we should. We must bring down spending in Let the final test of any action we take be a subsidies are gone. We have streamlined the a way that protects the economic recovery simple one: is it good for the American peo- Agriculture Department by more than 1,200 and does not punish the middle class or sen- ple? offices. Slashed the Small business loan form iors We cannot ask Americans to be better citi- from an inch-thick to a single page and I know many of you in this chamber sup- zens if we are not better servants. We’ve thrown away the government’s 10,000 page port the balanced budget amendment. We all made a start this week by enacting a law ap- personnel manual. FEMA—the federal disas- want to balance the budget. Our administra- plying to Congress the laws you apply to the ter agency—has gone from being a disaster private sector. But we have a lot more to do. to helping people. Government workers— tion has done more to bring the budget clos- Three times as many lobbyists roam the hand-in-hand with private business—rebuilt er to balance than any one in a long time. streets and corridors of Washington as did 20 southern California’s fractured freeways in But if you’re going to pass this amendment, years ago. The American people look at their record time and under budget. And because you have to be straight with the American nation’s capital, and they see a city where the federal government moved fast, all but people. They have a right to know what you the well-connected and the well-protected one of the 650 schools damaged in the earth- are going to cut and how it would affect milk the system, and the interests of ordi- quake are back in business educating our them. And you should tell them before you nary citizens are too often left out. children. change the Constitution. As this new Congress opened its doors, lob- University administrators tell me that In the New Covenant there are problems byists were still at work. Free travel, expen- they are saving weeks of time on college we have the responsibility to face. January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1553 Nothing has done more to undermine our for hunting and sporting purposes. Those The second thing we can do to raise in- sense of responsibility than our failed wel- people laid down their seats in Congress to comes is to lower taxes. In 1993, we took the fare system. It rewards welfare over work. It try to keep more police and children from first step with a working family tax cut for undermines family values. It lets millions of laying down their lives in our streets under 15 million families with incomes of under parents get away without paying child sup- a hail of assault weapons’ bullets. And I will $27,000 and a tax cut to most small and new port. not see that ban repealed. businesses. Before we could do more than That is why I have worked so long to re- We shouldn’t cut government programs that, we first had to bring down the deficit form welfare. We have made a good start. In that help to prepare us for the new economy, we inherited. And we had to get economic the last two years, my administration has promote responsibility, and are organized growth up. We have done both. given more states the chance to find their from the grass roots up, not by federal bu- Now we can cut taxes in a more com- own ways to reform welfare than the past reaucracies. The best example of that is the prehensive way. Tax cuts must promote and two administration combined. Last year, I national service program—Americorps— reinforce our first obligation, empowering which today has 20,000 Americans, more than introduced the most sweeping welfare reform citizens with education and training to make ever served in one year in the Peace Corps, plan ever presented by an administration. the most of their lives. The tax relief spot- We have to make welfare what it was working all over America, helping people— light must shine on those who make the meant to be: a second chance, not a way of person to person—in local volunteer groups, right choices for their families and commu- life. We’ll help those on welfare move to solving problems and earning some money nities. work as quickly as possible, provide child for their education. This is citizenship at its I have proposed the Middle Class Bill of care and teach skills if they need them for best. It’s good for the Americorps members Rights—which should be called a Bill of up to two years. But after that, the rule will and good for the rest of us. It’s the essence be simple: Anyone who can work must go to of the New Covenant. And we shouldn’t stop Rights and Responsibilities, because its pro- work. it. visions only benefit those who are working If a parent isn’t paying child support, we’ll All Americans are rightly disturbed by the to educate and raise their children or to im- make them pay. We’ll suspend their driver’s large numbers of illegal immigrants entering prove their own lives. It will, therefore, give licenses, track them across state lines and this country. The jobs they hold might oth- needed tax relief and raise incomes in the make them work off what they owe. Govern- erwise be held by our citizens or legal immi- short and long runs in a way that benefits all ments don’t raise children. Parents do. grants, and the public services they use im- of us. I want to work with you to pass welfare re- pose burdens on our taxpayers. That’s why There are four provisions: First, a tax de- form. But our goal must be to liberate people our administration has moved aggressively duction for all education and training after and lift them up—from dependence to inde- to secure our borders by hiring a record high school. Education is even more impor- pendence, welfare to work, mere childbear- number of new border guards, by deporting tant now than ever to the economic well- ing to responsible parenting—not punish twice as many criminal aliens as ever before, being of America, and we should do every- them because they happen to be poor. We by cracking down on illegal aliens who try to thing we can to encourage it. If businesses should require work and mutual responsibil- take American jobs, and by barring welfare can get a deduction for investing in fac- ity, but we shouldn’t cut people off because benefits to illegal aliens. tories, why shouldn’t families for investment they are poor, young, unmarried. We should In the budget I will present to you, we will in their future? promote responsibility by requiring young do more to try to speed the deportation of il- Second, a $500 tax credit for all children mothers to live at home with their parents legal aliens who are arrested for crimes, and under thirteen in middle class households. or in other supervised settings and finish to better identify illegal aliens in the work- Third, an individual retirement account place, as recommended by the commission school, not by putting them and their chil- with penalty-free withdrawal rights for the headed by former Congresswoman Barbara dren out on the street. We shouldn’t punish cost of education, health care, first-time Jordan. poor children for the mistakes of their par- home buying, and care of a parent. ents. This is a nation of immigrants. But it is also a nation of law. And it is wrong, and ul- And fourth, a G.I. Bill for American work- Let this be the year we end welfare as we timately self-defeating for a nation of immi- ers. We propose to collapse nearly 70 federal know it. But let this also be the year we stop grants to permit the kind of abuse of our im- programs and offer vouchers directly to eli- using this issue to divide America. No one is migration laws we have seen in recent years. gible American workers. If you are laid off, more eager to end welfare than the people The most important job of government is or make a low wage, you will get a voucher that are trapped on it. Let’s promote edu- to empower people to succeed in the new worth $2,600 a year for up to two years to go cation, work, good parenting. Let’s punish global economy. America has always been to your local community college or get pri- bad behavior and the refusal to be a student, the land of opportunity, a land where if you vate or public job training to raise your job a worker, a responsible parent. Let’s not work hard you can get ahead. We are a mid- skills. punish poverty and past mistakes. All of us dle class country. Middle class values sustain Anyone can call for a tax cut, but I will have made mistakes. None of us can change us. We must expand the middle class and not accept one that explodes the deficit and our yesterday’s, but all of us can change to- shrink the underclass, while supporting the puts our economic recovery at risk. We must morrow’s. Just ask Lynn Woolsey, who millions who are already successful in the pay for any tax cuts, fully and honestly. Two worked her way off welfare and is now a con- new economy. years ago, it was an open question whether gresswoman from California. America is once again the world’s strong- we would find the strength to cut the deficit. I know it has become fashionable to em- est economy. Almost six million jobs in two Thanks to the courage of many people here, brace Franklin D. Roosevelt. So let’s remem- years. Exports booming. Inflation down. and many who did not return to take their ber exactly what he said: ‘‘Human kindness High wage jobs coming back. A record num- seats in this House, we began to do what oth- has never weakened the stamina or softened ber of American entrepreneurs living the the fiber of a free people. A nation does not ers said they would do for years. American dream. If we want to stay that We Democrats cut the deficit by over $600 have to be cruel in order to be tough.’’ way, those who work and lift our nation I know members of this Congress are con- billion—that’s nearly $10,000 for every family must have more of its benefits. of four in this country. The deficit is coming cerned about crime. But I would remind you Today too many of those people are being that last year we passed a very tough crime down three years in a row for the first time left out. They are working harder for less se- since President Truman was in office. bill—longer sentences, three strikes and curity, less income, less certainty they can In the budget I will send you, the Middle you’re out, more prevention, more prisons, even afford a vacation, much less college for Class Bill of Rights is fully paid for by budg- and 100,000 more police. And we paid for it all their children or retirement for themselves. et cuts, cuts in bureaucracy, cuts in pro- by reducing the size of the federal bureauc- We cannot let this continue. racy and giving money back to local commu- If we don’t act, our economy will probably grams, cuts in special interest subsidies. And nities to lower the crime rate. There may be do what it’s done since 1978: Provide high in- the spending cuts will more than double tax other things we can do to be tougher on come growth to those at the top, give very cuts. My budget pays for the Middle Class crime and to help lower the crime rate, and little to everyone in the middle, and leave Bill of Rights without any cuts in Medicare. let’s do them. But let’s not take back the the people at the bottom to fall even farther And I will oppose any attempt to pay for tax good things we’ve already done. That’s what behind, no matter how hard they work. cuts with Medicare cuts. local community leaders think. And that’s We must have a government that can be a I know a lot of you have your own ideas what the police who put their lives on the partner in making this new economy work about tax relief. I want to work with you. line every day think. for all Americans—a government that helps My test for any proposal is: Will it create Secondly, the last Congress passed the each and every one of us get an education jobs and raise incomes? Will it strengthen Brady Bill and the ban on nineteen assault and have the opportunity to renew our families and support children? Will it build weapons. I think everybody in this room skills. the middle class and shrink the underclass? knows that several members of the last Con- That’s why we worked so hard to increase Is it paid for? If it does, I will support it. If gress who voted for the assault weapons ban educational opportunity from Head Start, to it doesn’t, I will oppose it. and the Brady Bill lost their seats because of public schools, to apprenticeships, to job That’s why I will ask you to support rais- it. Neither the bill supporters nor I believe training, to make college loans available and ing the minimum wage. It rewards work. anything should be done to infringe upon the more affordable for 20 million people. That’s Two and a half million Americans, often legitimate right of our citizens to bear arms the first thing we have to do. women with children, work for $4.25 an hour. S 1554 CONGRESSIONAL RECORD — SENATE January 25, 1995 In terms of real buying power, by next year, We’ve come so far so fast in the post-Cold ues and the voices that speak to our hearts, that minimum wage will be at a 40 year low. War world that it is easy to take the decline voices that tell us we must accept respon- I have studied the arguments and evidence of the nuclear threat of granted. But it is sibility for ourselves, for our families, for for and against a minimum wage increase. still there, and we are not finished yet. our communities and, yes, for our fellow citi- The weight of evidence is that a modest in- This year, I am asking the Senate to ap- zens. crease does not cost jobs, and may even lure prove START II—and eliminate weapons We see our families and our communities people into the job market. But the plain that carry 5000 more warheads. The United coming apart. Our common ground is shift- fact is you can’t make a living on $4.25 an States will lead the charge to extend indefi- ing out from under us. The PTA, the town hour, especially if you have kids to support. nitely the Nuclear Non-Proliferation Treaty, hall meeting, the ball park—it’s hard for In the past, the minimum wage has been a to enact a comprehensive nuclear test ban, many overworked Americans to find the bipartisan issue. It should be again. I chal- and to eliminate chemical weapons. To stop, time and space for the things that strength- lenge you to get together and find a way to and roll back, North Korea’s potentially en the bonds of trust and cooperation among make the minimum wage a living wage. deadly nuclear program, we will continue to citizens. And too many of our children don’t Members of Congress have been on the job implement the agreement we have reached have the parents and grandparents who can less than a month. But by the end of the with that nation. It’s a smart, tough deal give them the experiences they need to build week, 28 days into the new year, each Con- based on continuing inspection, with safe- character and strengthen identity. gressman has already earned as much in guards for our allies and ourselves. We all know that while we here in this Congressional salary as people who work This year I will submit to Congress com- chamber can make a difference, the real dif- under minimum wage make in an entire prehensive legislation to strengthen our ferences in America must be made by our fel- year. hand in combating terrorists, whether they And everyone in this chamber has some- strike at home or abroad. As the cowards low citizens where they work and where they thing else that too many Americans go with- who bombed the World Trade Center can tes- live. More than ever before, as we move to out; health care. Last year, we almost came tify, the United States will hunt down ter- the twenty-first century, everyone matters to blows over health care, but nothing was rorists and bring them to justice. and we don’t have a person to waste. done. But the hard, cold fact is that, since Just this week, another horrendous terror- That means the new covenant is for every- we started this debate, we know that more ist act in Israel killed 19 and injured scores body. For our corporate and business leaders: than 1.1 million Americans in working fami- more. On behalf of the American people I ex- We are working to bring down the deficit and lies have lost their coverage. The hard, cold tend our deepest sympathy to the families of expand markets and to support your success fact is that millions more, mostly workers the victims. I know that in the face of such in every way. But you have an obligation who are farmers, self-employed, and in small evil, it is hard to go forward. But the terror- when you are doing well to keep jobs in our businesses, have seen their coverage erode ists are the past, not the future. We must— communities and give American workers a with higher premium costs, higher and we will—persist in our pursuit of a com- fair share of the prosperity they generate. deductibles, and higher co-payments. prehensive peace between Israel and all her For those in the entertainment industry: I still believe we must move out nation to- neighbors in the Middle East. Accordingly, We applaud your creativity and your world- wards providing health security for every last night I signed an Executive Order that wide success, and we support your freedom of American family. Last year, we bit off more will block the assets in the United States of expression. But you have a responsibility to than we could chew. This year, let’s work to- terrorist organizations that threaten to dis- assess the impact of your work and to under- gether, step by step, and get something done. rupt the Middle East peace process and pro- stand the damage that comes from the inces- Let’s at least pass meaningful insurance hibits financial transactions with these sant, repetitive and mindless violence, and reform so that no American risks losing cov- groups. Tonight, I call on our allies, and irresponsible conduct that permeates our erage or facing skyrocketing prices when peace-loving nations around the world, to media. Not because we will make you, but they change jobs, or lose a job, or a family join us with renewed fervor in the global ef- because you should. member falls ill. I want to work together fort to combat terrorism. with the Democratic leadership and Republi- For our community leaders: We’ve got to From my first day in office I have pledged cations like Bob Dole, who have a longtime stop the epidemic of teen pregnancies and that our nation would maintain the best commitment to health reform. births where there is no marriage. I have equipped, best trained and best prepared Let’s make sure that self-employed people sent Congress a plan to target schools all fighting force on Earth. We have—and they and small businesses can buy insurance at over the country with anti-pregnancy pro- are. They have managed the dramatic more affordable rates through voluntary pur- grams that work. But government can only downsizing of our forces since the Cold War chasing pools. Let’s help families provide do so much. Tonight, I am calling on parents with remarkable skill and spirit. To make long-term care for a sick parent or a disabled and leaders across the country to join to- sure our military is ready for action—and to child. Let’s help workers who lose their jobs gether in a National Campaign Against Teen keep health insurance coverage for a year provide the pay and quality of life that the Pregnancy—to make a difference. while they look for work. And let’s find a military and their families deserve—I am For our religious leaders: You can ignite way to make sure our children have health asking this Congress to add $25 billion more your congregations to carry their faith into care. Let’s work together. This is too impor- in defense spending over the next six years. action, reaching out to all our children, to tant for politics as usual. Tonight I repeat that request. We ask much those in distress, to those who have been of our armed forces. They are called to serv- Much of what is on the American people’s savaged by the breakdown of all we hold ice in many ways—and we must give them mind is devoted to internal security con- dear. Because so much of what has to be and their families what the times demand cerns—the security of our jobs and incomes, done must come from the inside out. You can and they deserve. our children, our streets, our health, our bor- make all the difference. Time after time, in the last year, our ders. Now that the Cold War is past, it is Responsibility is for all our citizens. It troops showed America at its best; helping to tempting to believe that all security issues, takes a lot of people to help all the kids in with the possible exception of trade, reside save hundreds of thousands of lives in Rwan- da. Moving with lightning speed to head off trouble to stay off the streets and in school, within our borders. That is not so. to build the Habitat for Humanity houses, to Our security depends upon our continued another Iraqi threat to Kuwait. And giving freedom and democracy back to the people of provide the people power for all the civic or- world leadership for peace, freedom, and de- ganizations that make our communities mocracy. We cannot be strong at home with- Haiti. grow. It takes every parent to teach their out being strong abroad. The United States has proudly supported children the difference between right and The financial crisis in Mexico is a powerful peace, prosperity, freedom and democracy, wrong, and to encourage them to learn and case in point. We have to act—for the sake of from South Africa to Northern Ireland, from millions of Americans whose livelihoods are Central and Eastern Europe to Asia, from grow, to say no to the wrong things in life tied to Mexico’s well-being. If we want to se- Latin America to the Middle East. All these and to believe they can become whatever cure American jobs, preserve American ex- endeavors make America’s future more con- they want to be. ports and safeguard America’s borders, we fident and more secure. I know it is hard when you are working must pass our stabilization program and help This, then, my fellow Americans, is our harder for less money and you are under put Mexico back on track. And let me re- agenda—expanding opportunity, not bu- great stress to do these things. I also know peat—this is not a loan, this is not foreign reaucracy, enhancing security at home and it’s hard to do the work of citizenship when aid, this is not a bail-out. We’ll be giving a abroad empowering people to make the most for years, politicians in both parties have guarantee, like co-signing a note with good of their own lives. treated you like consumers and spectators, collateral that will cover our risk. This leg- It is ambitious and achievable, but it is not promising you something for nothing and islation is right for America, and together enough. We need more than new ideas chang- playing on your fears and frustrations. And with the bipartisan leadership, I call on Con- ing the world, or equipping all Americans to more and more of the information you get gress to pass it quickly. compete in the new economy. More than a comes in very negative ways, not conducive Tonight, not a single Russian missile is government that is smaller, smarter and to real conversation. But the truth is, we aimed at our homes or our children. And we, wiser. More than all the changes we can have got to stop seeing each other as en- with them, are on the way to destroying mis- make from the outside in. Our fortunes and emies, even when we have different views. If siles and bombers that carry 9000 nuclear our posterity also depend upon our ability to you go back to the very beginning of this warheads. answer questions from within, from the val- country, the great strength of America has January 25, 1995 CONGRESSIONAL RECORD — SENATE S 1555 always been our ability to associate with Corporal Gregory Depestre gains when he headings in some remote civics book. They people who were different from ourselves and gives: He went to Haiti as part of his adopted are the virtues by which we can fulfill our- to work together to find common ground. country’s force to help secure democracy. selves and our God-given potential—the vir- And in the present day, everybody has a re- And he saw the people of his native land— tues by which we can live out, the eternal sponsibility to do more of that. Haiti—are restoring democracy for them- promise of America, the enduring dream of That is the first law of democracy, the old- selves. that first and most sacred covenant: That we est lesson of most of our faiths: That we are And Jack Lucas gained when he gave. hold these truths to be self-evident, that all stronger together than alone. That we all Fifty crowded years ago, in the sands of Iwo men are created equal. That they are en- gain when we give.That is why we must Jima, he taught and he learned the lessons of dowed by their Creator with certain inalien- make citizenship matter again. Here are five citizenship. February 20, 1945 was no ordi- shining examples of citizenship: nary day for a small-town boy. As he and his able rights. And that among these are Life, Cindy Perry teaches second graders to read three buddies moved along a slope, they en- Liberty and the Pursuit of Happiness. in AmeriCorps, in rural Kentucky. She gains countered the enemy—and two grenades at This is a very great country. And our best when she gives: She is a mother of four, and their feet. Jack Lucas threw himself on them days are yet to come. God bless you, and God she says that her service ‘‘inspired’’ her to both, and, in that moment, saved the lives of bless the United States of America. get her high-school equivalency last year. his companions. And what did he gain? In Now, like thousands of other members, she the next instant, a medic saved his life. He f will use her scholarship from AmeriCorps to gained a foothold for freedom. And he gained go to college to equip herself to compete and this: Jack Lucas—at 17 years old, just a year RECESS UNTIL THURSDAY, win in the new economy. older than his grandson is today—became JANUARY 26, 1995, AT 9 A.M. With so many forces pulling us apart, we the youngest Marine in our history, the cannot stop a force like AmeriCorps that’s youngest man in this century, to be awarded The PRESIDING OFFICER. Under pulling us together. the Congressional Medal of Honor. the previous order, the Senate stands Chief Stephen Bishop gains when he gives: All these years later, here’s what he says in recess until 9 a.m. Thursday, Janu- He has worked with AmeriCorps to build about that day: ‘‘It didn’t matter where you ary 26, 1995. community policing in Kansas City—and has were from, who you were. You relied on one Thereupon, the Senate, at 9:04 p.m., seen crime go down because of it. He stood another. You did it for your country.’’ up for our Crime Bill and the Assault Weap- We all gain when we give. We reap what- recessed until Thursday, January 26, ons ban, and knows that the people he serves ever we sow. That’s at the heart of the New 1995, at 9 a.m. and the people he leads are all safer because Covenant: Responsibility. Citizenship. Op- of it. portunity. They are more than stale chapter January 25, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 173 EXTENSIONS OF REMARKS

LET’S LOOK TO THE FUTURE Mr. Speaker, our amendment was substan- provided the assurance that Congress would tially similar to the Barton balanced budget not have met its obligations under the bal- HON. CHARLES WILSON amendment (H.J. Res. 1), but with two crucial anced budget amendment by imposing un- OF TEXAS differences. First, our amendment struck the funded mandates on State and local govern- IN THE HOUSE OF REPRESENTATIVES three-fifths provision to raise taxes contained ments. Although I am disheartened that Con- in section 2 of House Joint Resolution 1. gress will not act on my amendment today, I Wednesday, January 25, 1995 While I am steadfastly opposed to raising expect that we will be revisiting this issue Mr. WILSON. Mr. Speaker, from time to taxes, the controversy surrounding this provi- should the States refuse to ratify the balanced time a letter comes across my desk that sion could hamper passage in the Senate and budget amendment because of an absence of speaks directly to the core of a problem. Re- make it more difficult to achieve the requisite a unfunded mandate provision. cently we received just such a letter. two-thirds vote in the House of Representa- f The debate over balancing the Federal tives. budget and finding ways to also reduce taxes Second, our amendment includes a provi- CONGRATULATIONS TO THE PA- inspired an east Texan to write to my office. sion prohibiting new unfunded Federal man- CIFIC DAILY NEWS: 25 YEARS OF This letter is so in tune with both present re- dates. I strongly believe that a ban on un- EXCELLENCE ality and historic precedent that I wanted to funded mandates is essential to prevent a fu- share it with all of you: ture Congress from balancing the Federal HON. ROBERT A. UNDERWOOD DEAR REPRESENTATIVE WILSON: I would budget merely by shifting costs and respon- much prefer deficit reduction to a middle sibilities to State and local governments. OF GUAM class tax cut. Although I would qualify, the The supporters of other versions of the bal- IN THE HOUSE OF REPRESENTATIVES tax cut would make very little difference in anced budget amendment contend that there Wednesday, January 25, 1995 my well-being. But a reduction in the Fed- are only two ways to balance the budgetÐei- eral deficit will improve my well-being and ther by cutting spending or increasing taxes. Mr. UNDERWOOD. Mr. Speaker, 25 years that of my child in the long run. But the truth is there's a third, more insidious ago, shortly after the gateways to Guam were Please work to identify spending cuts that opened to the world, the Guam Daily News can be applied to deficit reduction rather option where the Congress would mandate ex- pensive Federal programs onto State and published its first edition on my home district than a tax cut. of Guam. The paper quickly evolved into a Sincerely, local governments and require local taxpayers solid business entity, which is important to our E.L. WRIGHT. to pick up the tab. Judging from the past, it is clear that Congress will use any means avail- island and to the Pacific region. I expect this letter expresses the views of Now affiliated with the Gannett News Serv- many people, especially those with children. It able to avoid hard budget choices. I believe that closing the unfunded mandates loophole ice, the Guam Daily News is better known as asks that we look to their future. the Pacific Daily News. It is our only daily This means getting the Federal ledger in the is imperative to preserve the integrity of the balanced budget amendment and ensure pro- paper, and a tremendous source of current black first. It means when we do turn to tax re- events. lief, the emphasis should be on deductions for tection for local taxpayers. Mr. Speaker, including an unfunded Federal Over the years, the P.D.N. has changed its education and career training, use of IRA's for format, its editors, its reporters, but not its high college tuition, and other long-term invest- mandates provision as part of the balanced budget amendment is the only ironclad way to quality. The paper may not be as thick as the ments. New York Times or the Washington Post, but Fourteen years ago I was one of a handful protect local taxpayers. Although I welcome and support efforts to solve the unfunded ``all the news that's fit to print,'' manages to of Members who voted for President Reagan's get on its pages. spending cuts, and against his tax cuts. We mandates issue by passing a statute, the sorry fact is that Congress is adept at finding ways Truly part of the Guam family, the P.D.N. took some flak and received bags of hate mail currently reaches a wider audience than any for this. But I felt then, as I know now, that to circumvent statutory law in order to escape from fiscal accountability. other island media. It overcame obstacles and any tax cuts must come after we achieve a outlasted a competing paper. Throughout the balanced budget, not before. Trying to do both Additionally, it is important to note that Re- publican and Democratic Governors have years, in typhoons and other natural disasters, in the early 1980's snowballed us into the I have always found an edition of the P.D.N. most rapid increase in deficit spending in his- rightly expressed their reluctance to encour- age their State legislatures to ratify a balanced at my doorstep. Yet, the paper means so tory. much more to Guahan. A strong, solvent America is in everyone's budget amendment without a provision specifi- cally prohibiting new unfunded Federal man- On important occasions, the managers and interest. Reaching a balanced budget should employees of the P.D.N. constantly prove their be our priority now, just as it should have dates. The inclusion of a provision to ban un- funded Federal mandates would have, in my keen interest in civic matters. As a member of been 14 years ago. the Guam Chamber of Commerce, the Guam f opinion, markedly improved the chance of rati- fication by the States. Olympic Committee, other nonprofit boards CONCERNING THE RULE TO HOUSE Mr. Speaker, our substitute amendment has and commissions, President Lee Webber JOINT RESOLUTION 1 the support of the National League of Cities leads his staff by example. As the company and the National Conference of State Legisla- grew, it shared its success with the island. HON. BOB FRANKS tures [NCSL]. The support of NCSL is espe- Happy 25th birthday, Pacific Daily News. f OF NEW JERSEY cially noteworthy, as it is their members who IN THE HOUSE OF REPRESENTATIVES will ultimately be deciding the fate of the bal- anced budget amendment. And since this rule CONGRESSIONAL REFORM Wednesday, January 25, 1995 precludes me from offering my substitute Mr. FRANKS of New Jersey. Mr. Speaker, amendment that would have protected the HON. LEE H. HAMILTON today I rise in reluctant support of House Res- States, I am skeptical whether this version of OF INDIANA olution 44, the rule for the balanced budget the balanced budget amendment will ever be IN THE HOUSE OF REPRESENTATIVES amendment. Although I will be voting for this ratified by the requisite 38 States. rule, I am disappointed that the Franks-Condit- Mr. Speaker, consideration of the balanced Wednesday, January 25, 1995 Gillmor substitute amendment adding un- budget amendment presents Congress with a Mr. HAMILTON. Mr. Speaker, I would like to funded mandates language to the balanced unique and historic opportunity to permanently insert my Washington Report for Wednesday, budget amendment was not made in order by resolve the issue of unfunded Federal man- January 11, 1995, into the CONGRESSIONAL the Rules Committee. dates. Our substitute amendment would have RECORD.

∑ 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 174 CONGRESSIONAL RECORD — Extensions of Remarks January 25, 1995 APPLYING LAWS TO CONGRESS limitations than those applied to people in derly woman into the path of an oncoming As much as Hoosiers complain to me about the private sector: examples include full pub- subway train. While the other onlookers froze, excessive government regulations, they com- lic financial disclosure, post-employment re- Mr. Cohen had the presence of mind to follow plain even more about congressional exemp- strictions, and strict limitations on outside income. the man he saw commit the crime, call out to tions from laws that are applied to private others to call the police, and then grab and citizens and businesses. They believe Con- Constitutional questions have also com- gress should follow the same laws as private plicated the effort to bring the legislative hold the suspect when he reached the token citizens, and I agree. To address such con- branch into compliance. There would be con- booth. cerns, on the opening day of the 104th Con- siderable potential for mischief if a Presi- Mr. Speaker, when teachers at P.S. 48 read gress the House passed unanimously the Con- dent of one party were allowed to use his about this incident, they recalled the young gressional Accountability Act, which will en- regulatory enforcement powers to harass or boy named Jonathan Cohen who had at- sure that Congress lives under the same laws unduly influence Members of Congress of an- tended their school 20 years ago. After doing applied to private citizens. other party. The internal operations of Con- gress cannot be subject to regulation—and some checking, they were able to ascertain BACKGROUND possible political manipulation—by the that the hero of January 4 was a grown-up Many Members of Congress from both po- President. version of the boy they remembered. litical parties and both chambers have However, even with these common mis- Mr. Speaker, on Friday, February 17, P.S. worked for years to develop a process for ap- understandings and difficulties, the underly- 48 will hold a Black History Month program. plying laws to Congress that is consistent ing problem has remained: Congress has not The annual theme of this year's celebration, with the constitutional requirement of the been subject to certain laws to the maximum separation of powers. For example, a pro- which had been established well in advance of extent feasible, and the institution must be the events of January 4, is ``Growing Better posal similar to the Congressional Account- brought into full compliance in a manner ability Act was included among the rec- consistent with the Constitution. Citizens.'' How fitting it is, Mr. Speaker, that ommendations of the bipartisan Joint Com- Jonathan Cohen, who has grown into such an PROVISIONS mittee on the Organization of Congress, outstanding citizen, will speak at this event. which I co-chaired. In August 1994, legisla- My view is that the Congressional Ac- Mr. Speaker, I ask my colleagues to join me tion almost identical to the Congressional countability Act will accomplish these goals without undermining the separation of pow- and the P.S. 48 community in priase of Jona- Accountability Act passed the House by a than Cohen for the shining example he sets margin of 437 to 4. Unfortunately, that pro- ers. As passed by the House, it contains a posal was blocked in the Senate in the clos- number of important provisions. It will: re- for all Americans. ing days of the 103rd Congress. The House re- quire the direct application of private sector f sponded in October 1994 by applying laws to laws, including OSHA, to Congress; create a itself via a change in House rules. bicameral Office of Compliance to issue the INTRODUCTION OF TAX LEGISLA- This rules change was a worthwhile accom- regulations necessary to implement these TION TO REPEAL THE $15 MIL- plishment. But private sector laws should be laws; provide that such regulations will go into effect within a certain period unless LION LIMITATION ON TAX EX- applied as fully as possible to both the House EMPT PUBLIC OUTPUTBONDS and Senate, and this is best accomplished by Congress explicitly votes otherwise; and legislation rather than a rules change in one allow congressional employees to take their chamber. Moreover, the internal House rules complaints to court and receive compensa- HON. RICHARD E. NEAL change could not allow for court appeals of tion. employee grievances. As a result, Congress is House passage of the Congressional Ac- OF MASSACHUSETTS again considering legislation to end the long countability Act is not the final hurdle in IN THE HOUSE OF REPRESENTATIVES history of congressional exemptions. the process of applying laws to Congress. The Senate also has pledged quick consideration Wednesday, January 25, 1995 IMPORTANCE of a bill to apply laws to Congress. But the There are three key reasons why it is im- Senate bill likely will differ from the House- Mr. NEAL of Massachusetts. Mr. Speaker, portant for Members of Congress to follow passed version in important ways, and the today I am reintroducing legislation to amend the same laws that cover private citizens. two chambers will have to agree on a single the Internal Revenue Code of 1986 to repeal First, the widespread perception that consensus package. Still, my hope is that the special $15,000,000 limitation on the Members have exempted themselves from Congress will settle the issue of congres- amount of a tax-exempt bond issue which may many laws significantly undermines public sional compliance early this year. be used to provide an output facility. The in- confidence in Congress. This institution CONCLUSION tent of this legislation is to treat public power loses credibility and legitimacy when people believe that Members are somehow ‘‘above The application of laws to Congress is one in the same manner as other public facilities. the law.’’ key component of the overall reform agenda Traditionally, States and local governments Second, more fully applying laws to Con- advanced by the Joint Committee on the Or- and other public entities have relied on the is- gress will improve the quality of the legisla- ganization of Congress and other reform- suance of municipal tax-free bonds to finance tion we pass. It can be difficult for Members minded Members during recent years. But re- construction of a wide range of essential pub- form is an ongoing process, and much work to understand completely the practical im- lic facilities, including schools, roads, water plications of legislation when we are not still needs to be done. Members should con- tinue to work in a bipartisan fashion for and waste water treatment systems, electric forced to confront these implications in our and gas utilities, hospitals, health centers, own place of work. meaningful congressional reform throughout And third, it is simply unfair not to extend the 104th Congress. The passage of a strong prisons, and public transit. The Tax Reform to congressional employees the same rights reform agenda will help demonstrate that Act of 1986 included numerous provisions re- and protections available to those who work Members are serious about enhancing the stricting the use of tax exempt bonds. These elsewhere. openness, effectiveness, and public credibil- provisions were enacted in order to curb ity of Congress. COMPLEXITIES abuses in the bond community and to in- f As with many congressional reform issues, crease revenue to reduce the Federal budget the issue of applying laws to Congress is TRIBUTE TO JONATHAN COHEN, deficit. complex, and often misunderstood. For ex- SUBWAY HERO One of the changes made in 1986 was the ample, many laws such as the Social Secu- extent to which private parties could benefit rity Act have long been applied to Congress HON. JOSE´ E. SERRANO from the use of facilities financed by tax-ex- in exactly the same manner that they are empt bonds. Pre-1986, up to 25 percent of fa- applied to the private sector. Other key OF NEW YORK cilities constructed through the issuance of labor laws also are currently applied to Con- IN THE HOUSE OF REPRESENTATIVES tax-exempt bonds could benefit from the use gress, although the methods of enforcement Wednesday, January 25, 1995 differ somewhat from those adopted for pri- of facilities financed by tax-exempt bonds. The vate sector employees. Among these laws are Mr. SERRANO. Mr. Speaker, I rise to pay Tax Reform Act of 1986 reduced this restric- the Americans with Disabilities Act, the Age tribute to Jonathan Cohen, a brave young Afri- tion to 10 percent for all Government bonds. Discrimination in Employment Act, and the can American whose quick and selfless action However, a further limitation was imposed on Family and Medical Leave Act. Some laws prevented a fleeing suspect from escaping a public power and public natural gas trans- have not been applied to Congress simply be- tragic subway murder early this month. mission facilities. The private use test for pub- cause they have no bearing on the internal operations of this institution, such as Title Jonathan Cohen lived in the Bronx until he lic power is the lesser of 10 percent of $15 IX of the Higher Education Act Amendments was 10 and attended P.S. 48 in my Congres- million. No other entities are subject to the $15 of 1972, which deals with women’s athletics sional District. He was descending the esca- million private-use test. programs. And in certain areas Members are lator to the platform at the 34th Street station The removal of the $15 million cap would actually subject to more stringent statutory on January 4 when he saw a man push an el- place public power on equal footing with other January 25, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 175 public facilities. The additional restriction on Mr. Speaker, I am pleased to join with the AGREE TO DISAGREE IN BIPARTI- public power hampers the ability of these enti- Strauss Lodge in honoring John Randolph, Jr., SAN EFFORT TO GET THE PEO- ties to buy and sell power in the open market. for his dedication to his profession and to his PLE’S WORK DONE In addition, the restriction constrains public community. I applaud the lodge's choice of power entities from building units of a size John Randolph as this year's recipient of this HON. SHEILA JACKSON-LEE which allow them to gain economies of scale. prestigious award. OF TEXAS In 1989, the Anthony Commission on Public IN THE HOUSE OF REPRESENTATIVES Finance, chaired by former Rep. Beryl An- f thony issued a report entitled ``Preserving the Wednesday, January 25, 1995 SALUTE TO THE PARLATOS FOR Federal-State-Local Partnership: The Role of Ms. JACKSON-LEE. Mr. Speaker, when the THEIR SERVICE IN THE U.S. AIR Tax-Exempt Financing.'' The Commission rec- President of the United States addressed this ommended the elimination of the $15 million FORCE body last night during his annual remarks on public power limit. The bottom line is that this the State of the Union, he expressed his de- restriction is not only discriminatory, but it sire to put partisan politics aside and to work drives up the cost of power to consumers of HON. LOUISE McINTOSH SLAUGHTER with this new Congress in accomplishing the public systems. OF NEW YORK goals of the Nation. We should hasten to ac- On June 23, 1993, the U.S. Department of cept this challenge. IN THE HOUSE OF REPRESENTATIVES Treasury testified before the Subcommittee on The President's message was a forthright Select Revenue of the Ways and Means Com- Wednesday, January 25, 1995 affirmation of America's working men and mittee and addressed this legislation. Leslie B. women. He acknowledges that despite eco- Samuels, Assistant Secretary for Tax Policy Ms. SLAUGHTER. Mr. Speaker, I rise today nomic recovery, too many families are still said, ``There does not appear to be a reason to salute Julie and Alan Parlato from Roch- working harder for less. President Clinton out- to treat (these) output facilities more harshly ester, NY for their accredited service in the lined his strategy for preparing the American than other output facilities. As a practical mat- U.S. Air Force on the occasion of their retire- people to face the demands of today's econ- ter, the $15 million output limit of current law ment at the Offutt AFB on November 18, omy by raising family incomes. In an effort to may have little effect other than to create an 1994. reach parity in wages, he proposed raising the incentive for public power issues to operate in- In SMSgt. Alan A. Parlato's 24 years in the minimum wage. He further outlined the pro- efficiently.'' Air Force he earned a SAC master technician posals of his Middle-Class Bill of RightsÐa The legislation will remove the $15 million patch and a SAC master aircraft and muni- proposal which will help middle-class families cap and treat public power like other public fa- tions maintenance badge. His decorations and meet the costs of raising and educating their cilities and I urge my colleagues to join me in awards include the Meritorious Service Medal children, obtaining training for higher paying cosponsoring this legislation. with two oak leaf clusters, Air Force Com- jobs, purchasing a first home, or for the care f mendation Medal with one oak leaf cluster, Air of an elderly parent. Let us use the Presi- Force Achievement Medal, Air Force Out- dent's words and ideas as a framework for JOHN M. RANDOLPH, JR., HON- standing Unit Award with one oak leaf cluster, legislative action. We cannot afford to allow ORED WITH COMMUNITY SERV- Air Force Organizational Excellence Award his passionate directives to simply pass ICE AWARD with one oak leaf cluster, Air Force Good Con- through these halls as wishful rhetoric. We duct Medal with seven oak leaf clusters, Na- must act now. HON. PAUL E. KANJORSKI tional Defense Service Medal with bronze star, President Clinton's new covenant of rights OF PENNSYLVANIA Air Force Overseas Long Tour Ribbon with and responsibilities between the Federal Gov- IN THE HOUSE OF REPRESENTATIVES one oak leaf cluster, Air Force Longevity Serv- ernment and the American people is a pre- scription for new hope. I agree that the Gov- Wednesday, January 25, 1995 ice Award with five oak leaf clusters, NCO PME Graduation Ribbon with one oak leaf ernment must help people obtain the nec- Mr. KANJORSKI. Mr. Speaker, I am pleased cluster, Small Arms Expert Marksmanship Rib- essary tools to improve the quality of their today to have the opportunity to recognize the bon, and the Air Force training ribbon. He en- lives. But I further believe that people must accomplishments of a highly respected leader listed in the Air Force in 1971 as a grand radio play a role in building not only their own lives, and my personal friend, John M. Randolph, Jr. repairman and left as a maintenance oper- but in building and strengthening their commu- Mr. Randolph will be honored by the Wilkes- ations superintendent and logistics group re- nities and their country. To do this, we need Barre community on February 19 at the pres- source advisor. to reform our welfare state into a system that rewards work and responsibility; we must con- tigious Lincoln Day Dinner sponsored by the In Master Sergeant Julie A. Parlato's 20 tinue the fight against crime; and we should B'nai B'rith S.J. Strauss Lodge. years in the Air Force her decorations and build upon the principles of the AmeriCorps Mr. Randolph, a graduate of King's College, awards include the Defense Meritorious Serv- is a senior partner in the accounting firm of national service program. ice Medal, Air Force Commendation Medal Parente, Randolph, Orlando, Carey and Asso- We are a nation of peopleÐunited to work with three oak leaf clusters, Air Force Out- ciates, which is the 25th largest CPA firm in for many of the same causes. But when we standing Unit Award, Air Force Organizational the United States. It has 10 offices in Penn- disagree, it does not mean that we are fun- Excellence Award, Combat Readiness Medal, sylvania, and employs a professional staff of damentally different creatures. We simply dis- Air Force Overseas Long Tour Ribbon, Air more than 300 employees. agree. It's that simple. For this Nation to move A frequent speaker for professional and Force Longevity Service Award with four oak forward, we must learn to agree to disagree community service groups, John has often leaf clusters, NCO PME Graduation Ribbon and move beyond party lines to work toward shared his financial expertise with the commu- with one oak leaf cluster, and the Air Force the health and well being of all. Thank you, nity. The list of his personal and professional Training Ribbon. She enlisted in the Air Force Mr. President, for your inspiring words of en- affiliations and memberships is long and im- in 1974 as a plumber, retrained first as a tele- couragement. type operator and later to go into the training pressive. It includes a seat on the board of f trustees of College Misericordia where he career field. She left as chief, education and served as the vice-chairman of the board and training section responsible for developing and PERSONAL EXPLANATION chairman of the finance committee. Currently evaluating unit training programs. he is serving as trustee emeritus. He has Alan A. Parlato and the former Julia A. HON. JACK QUINN Reitano met in 1969 and were married in Au- served from 1989 to 1990 as a trustee for OF NEW YORK gust 1971 in Rochester, NY. They have one Keystone Junior College; he is a current trust- IN THE HOUSE OF REPRESENTATIVES ee of King's College and sits on the Wilkes son, Christopher, a daughter-in-law, Heather, University Presidents Council. and two grandsons, Zakk and Storm. Alan's Wednesday, January 25, 1995 John came to Wilkes-Barre in 1959 to at- proud parents are Russell and June Parlato of Mr. QUINN. Mr. Speaker, I am entering tend King's College and made the Wyoming Irondequoit, NY. Julia's equally proud parents these remarks in response to Roll Call Vote Valley his home. He and his wife, Sharon, are are Joe and Theresa Reitano of Greece, NY. 25 which took place Monday night, January the proud parents of two sons, John III, a sec- Mr. Speaker, please join me and their family 23. I have been recorded as not voting. This ond-year law student, and Scott, who attends in thanking the Parlato family for their alle- is due, however, to problems with my voting Wilkes University. giance to and brave service for our Nation. card rather than my absence from the floor. E 176 CONGRESSIONAL RECORD — Extensions of Remarks January 25, 1995 My colleague from Illinois had offered an I commend Mrs. Whitman on her excellent We reduced income taxes not once but amendment to H.R. 5, the Unfunded Mandate speech last night. Below is the text of the twice. We lowered state spending—not reck- Reform Act. This amendment would have ex- Governor's speech for my colleagues' review. lessly—but carefully and fairly. empted from the provisions of the bill my Fed- Just yesterday, I announced a third wave STATE OF THE UNION RESPONSE of income tax cuts—another 15 percent, tak- eral mandate that protects aviation or airport Good evening. I’m Christie Whitman, Gov- ing us to a 30 percent reduction, to put more security. ernor of New Jersey, and I am addressing you money in the hands of families like yours. Mr. Speaker, had my vote been accurately tonight from the historic legislative cham- The results have been solid: State revenues recorded it would have reflected a nay vote. I ber in Trenton, one of the oldest in the na- are up even from the income tax—and 60 believe that we can not exempt numerous pro- tion. Speaking to you this evening is a tre- thousand more New Jerseyans are at work grams from the provisions of H.R. 5. mendous honor for all of us here in New Jer- today than were a year ago—making this H.R. 5 does not restrict mandates such as sey. year our best year for job creation since 1988. ones which aim to protect aviation or airport It is appropriate that we have come to- And we did it all under a balanced budget security. Rather it requires a cost-benefit anal- gether tonight in Trenton. On Christmas amendment to our state’s constitution. morning in 1776, George Washington crossed In November, the revolution came to ysis and strives to minimize the burden of un- the icy Delaware River and surprised King Washington. funded mandates. We must thoroughly exam- George’s mercenaries in their barracks Now people want less government, lower ine the mandates that we pass on to our here—on these grounds. The Battle of Tren- taxes, and less spending from the federal States and localities. I do not find this unrea- ton was a turning point in the American government. sonable. Revolution. People want results. f Just as that revolution two centuries ago In both houses of Congress, the Republican began in the colonies, there is a revolution party has been elected, like many of us in TRIBUTE TO NEWPORT HARBOR sweeping America today, begun not in Wash- the states were on an agenda of change: HIGH SCHOOL FOOTBALL TEAM ington, D.C., but in the states. In Wisconsin, We’re committed to reforming welfare—to in Ohio, in Massachusetts, in South Caro- encourage people to work, and to stop chil- lina, in California. The American people are dren from having children. HON. CHRISTOPHER COX seeking freedom in a new revolution that We want to force the government to live OF CALIFORNIA began before I ever came to office. within its means by stopping runaway spend- IN THE HOUSE OF REPRESENTATIVES It is a revolution of ideas, one in which the ing and balancing the federal budget. voters are given a clear choice between big- We want to lower taxes for families and Wednesday, January 25, 1995 ger or smaller government, higher or lower make it easier to achieve the American Mr. COX of California. Mr. Speaker, I rise taxes, more or less spending. Dream—to save money, buy a home and send today to pay tribute to the Newport Harbor It is a revolution about a free and sov- the kids to college. High School football team, which completed its ereign people saying they want power to re- We’re going to stop violent criminals in turn to them from their state houses, their the tracks—with real prison time for repeat first undefeated season in 64 years by winning county governments, their city halls. offenders and a workable death penalty. the California Interscholastic Federation cham- In elections all across America, the voters We must send a message to our young peo- pionship title. have chosen smaller government, lower taxes ple that crime doesn’t pay. Led by Head Coach Jeff Brinkley, the Sail- and less spending. And we’re going to slash those unnecessary ors' triumphant season was the culmination of They rejected the tyranny of expanding regulations that strangle small business in an extraordinary year for these young men. It welfare-state policies, the arrogance of big- America, to make it easier to create more was a year that was marked not only by nota- ger and bigger government. The frustration jobs and pay better wages and become more ble individual accomplishments and exemplary of one size-fits-all answers. competitive in the global marketplace. In a word, they have chosen freedom. We intend to create a new era of hope and team play but also by a tremendous sense of They elected leaders like Governor Bill opportunity for all Americans. courage and determination rarely seen in prep Weld of Massachusetts—who, in his first Many of these ideas are the same ones Gov- football. The coaching staff, the players, the month in office, cut state spending by 1.7 bil- ernors have been enacting here in the states. fans all made their dream a reality. lion dollars. Since then, he’s cut taxes five Time after time, Republicans and Demo- Mr. Speaker, it is with great pleasure that I times and brought Massachusetts the third- crats—have found that things work better ask my colleagues to join with me in saluting lowest unemployment rate in the nation. when states and communities set their own the Newport High School football team and to And Governor Pete Wilson, who has al- priorities, rather than being bossed around congratulate their championship year. ready reformed health care in California— by bureaucrats in Washington. using market forces to guarantee access for Our colleagues on Capitol Hill are facing f millions of uninsured and made health care the same opposition we did—the same cries more affordable for small businesses. of ‘‘it can’t be done’’ from the Washington- GOVERNOR WHITMAN’S SPEECH TO They elected governors who said we should knows-best crowd. People who think govern- THE NATION have a smaller, more efficient government— ment can’t be too big and that there is vir- and they meant it. Like Governor Tommy tue in raising taxes. HON. BOB FRANKS Thompson in Wisconsin—he’s cut spending, Well, there’s nothing virtuous about rais- cut taxes, and led the most comprehensive ing taxes. There’s nothing heroic about pre- OF NEW JERSEY welfare reform movement in the country. serving a welfare system that entraps people. IN THE HOUSE OF REPRESENTATIVES And Governor Fife Symington, who be- And there’s nothing high-minded about wast- Wednesday, January 25, 1995 came one of several Republican governors to ing other people’s money on Big Government cut tax every year they were in office and spending sprees. Mr. FRANKS of New Jersey. Mr. Speaker, see their economies boom. We overcame the same objections, the last night New Jersey Gov. Christine Todd In state after state, the revolution of ideas same stalling and distortion, the same Whitman delivered the Republican response to took hold. footdragging. We’ve heard it all. And in the the President's State of the Union Address By 1994, Governor George Allen reformed end, we have won the battle of ideas in our from the historic assembly chamber in Tren- the criminal justice system and abolished states. ton. parole in Virginia. Now it’s time to win the battle of ideas in As my colleagues are aware, Governor And the same month Bill Clinton signed Washington. the largest tax increases in American his- If the people’s agenda is to succeed in Con- Whitman has a growing national reputation for tory, Governor John Engler signed the larg- gress, everyone needs to work together. cutting taxes, slashing onerous regulations, est tax cut in Michigan history, helping And while at times tonight some of the and eliminating unnecessary spending. She bring the lowest unemployment rate to the President’s ideas sounded pretty Republican, has demonstrated the leadership, determina- state in twenty years. the fact remains that he has been opposed to tion, and guts to govern effectively. She has Here in New Jersey—like so many other the Balanced Budget Amendment—he pro- proven that government can be smaller and governors—I was told my tax-cutting poli- posed even more government spending—and less costly and still be responsive to the peo- cies were a ‘‘gimmick.’’ I heard we couldn’t he imposed the biggest tax increase in Amer- ple it serves. do it—that it was ‘‘impossible’’—that it ican history. would ‘‘hurt the economy.’’ It’s clear that your votes in November Mr. Speaker, many political pundits are tout- But I had given my word to the people of sounded a warning to the President. If he has ing Governor Whitman as a possible Vice New Jersey that we would cut their taxes. changed his big government agenda, we say Presidential nominee, and rightly so. Governor And we did. great—join us as we change America. Whitman's successful policies are a model In the first year, with the help of the New Republicans welcome your ideas for mak- that should be adopted nationally. Jersey legislature, we cut business taxes. ing government not bigger but smaller. January 25, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 177 As we move forward in the next two years, Then, in the afternoon when things seem to business. They often dictate priorities to the President and Congress should be re- be slowing down, Myk Powell hits the air those who must comply without considering minded that success is not measured in the waves. If you need a little humor, albeit their views. But since many of the laws and number of laws passed, but in the results. tongue-in-cheek, to keep going, Myk, gives regulations in question prevent discrimina- Is government serving the people better? tion, promote worker safety, and protect Are neighborhoods safer? you exactly that, a little humor. He'd be proud health, safety, and the environment, the pro- Are families stronger? of me for stealing that joke. But seriously posals to reduce unfunded mandates must be Are children learning more? folks. ... approached with great care. The challenge is Are we better prepared to meet the future? Myk carries on the same important role of to alleviate the financial burden of unfunded Do we have more freedom? channeling emotion, conveying information, mandates without letting the worthy objec- The election in November was a beginning, and encouraging debate. He has that rare gift tives slip away. not an end—and we are committed to fulfill- of being able to intelligently sprinkle humor FEDERAL BUDGET CUTS ing the verdict of the voters and enacting throughout his show. From his Uncle Myk-ie our agenda of hope for the families of Amer- alter ego to his hilarious commercials. Myk The major impetus behind growing federal ica. Change is hard. But we’re going to work mandates is the federal budget deficit. In the hard. can tease an audience immediately after caus- 1960s and 1970s, federal money to state and We will keep faith with America. ing them to question their stance on important local governments grew steadily as a per- We will keep our word. issues. centage of state and local outlays, peaking We will do what you elected us to do. Beyond all the talk, NEWSTALK K±57 fea- at 27% in 1978. More recently, the federal We will give you results. tures the Island's only radio news team guided government’s response to budget deficits has On election day you gave us your trust. We by news pro, Patty Arroyo, the island's only been to reduce its share of state and local aid accept your mandate. on-the-go Shakespearian traffic reporter, Jef- to about 18% of their budgets. But mandates President Clinton, you must accept it as did not decrease, and local costs escalated. well. ferson Cronin, and knowledgeable news an- Put the principles of smaller, more effec- chors and reporters. CONGRESSIONAL ACTION tive government into action. Reduce spend- Yes, we the radio listeners on Guam are There is broad support in Congress to curb ing and cut taxes. fortunate indeed. The naysayers said you'd unfunded mandates. At a minimum, the Two weeks ago, in my State of the State run out of things to talk about. Ten years later, House and Senate should be required to take address to the people of New Jersey, I made we continue to enjoy the fine programs which a separate vote on any measure that would them a pledge which, in closing, I would now K±57 radio offers today and, we hope, for place costs on state or local governments. like to make to the American people on be- many years to come. Without such a vote, the House bill’s ‘‘no half of the Republican Party. By the time f money, no mandate’’ provision would require President Clinton makes his next State of the federal government to provide funds for the Union address: FEDERAL MANDATES new mandates. Before Congress takes action We will have lower taxes. on a bill, the Congressional Budget Office We will have more efficient government. HON. LEE H. HAMILTON (CBO) would have to determine if the costs of We will have a stronger America. the proposed legislation would exceed $50 OF INDIANA We will have more faith in our politics, million for states and localities, or $100 mil- more pride in our states and communities, IN THE HOUSE OF REPRESENTATIVES lion for the much larger private sector. For and more confidence in ourselves. Wednesday, January 25, 1995 bills that exceed these thresholds, any one We will go forward together, as one family Member of Congress could demand a separate with many faces, building a future with op- Mr. HAMILTON. Mr. Speaker, I would like to vote on whether or not to impose an un- portunity. insert my Washington Report for Wednesday, funded mandate. A future with security. January 25, 1995 into the CONGRESSIONAL In addition, federal agencies would be pro- A future based on mutual respect and re- RECORD. hibited from imposing unauthorized costs on sponsibility. FEDERAL MANDATES states and localities when issuing new regu- And most of all, a future filled with hope— lations. There would also be reports to Con- for our children and our children’s children. Local officials and small business owners gress on the costs incurred by state and local Thank you very much and God bless Amer- in Indiana often tell me of the difficulty governments and the private sector in meet- ica. they have paying for unfunded federal man- dates. One of their top priorities is to limit ing existing mandates. f the ability of Congress to shift costs to busi- DRAWBACKS CONGRATULATIONS TO SORENSON nesses or state and local governments by re- quiring them to meet certain federal stand- There are, however, several drawbacks to BROADCASTING FOR 13 YEARS ards. I agree. Congress is responding to these any blanket prohibition on federal mandates. OF EXCELLENCE AND 10 YEARS concerns by considering a bill this week in First, civil rights advocates fear restrictions OF GREAT TALK RADIO both the Senate and the House to limit the on mandates could gut constitutional rights practice of imposing unfunded federal man- and anti-discrimination laws. Thus, the HON. ROBERT A. UNDERWOOD dates. This bill is similar to legislation I co- measure should not apply to laws protecting constitutional rights. It should also exempt OF GUAM sponsored in 1993. In the past, state and local governments laws to protect against fraud, provide emer- IN THE HOUSE OF REPRESENTATIVES have been told they must do things such as gency assistance, and protect national secu- Wednesday, January 25, 1995 provide safe drinking water, reduce asbestos rity. Second, eliminating mandates may Mr. UNDERWOOD. Mr. Speaker, in my hazards, or impose tough criminal penalties. make it more difficult to apply worthy exist- Businesses were required to improve work- ing health and safety standards. Third, pro- home district of Guam, we have many fine place standards, protect their customers tection from mandates should apply equally radio personalities and journalists. One of the from fraud or abuse, and comply with numer- to the public and private sector. For exam- island's communications corporations has ous environmental regulations. The objec- ple, local governments should not be exempt been around for the last 13 years, and has tives of these federal requirements are al- from labor safety laws just because the fed- been the only all talk radio station on our is- most always worthy: clean water, safer eral government does not subsidize their im- land for the last 10 years. The company is roads, trustworthy banks, or consumer pro- plementation. Fourth, the analysis of man- known as Sorenson Broadcasting, and its all tection. But collectively they often drain dates should include potential benefits as talk radio station is NEWSTALK: K±57. Since funds from local governments and discourage well as costs. It would be shortsighted to business growth. For example, compliance abolish public health requirements that pay there is only one all talk station on our local with the Clean Water Act is expected to cost for themselves many times over in long-term radio dial, K±57 is more like an electronic vil- state and local governments $32 billion this health care savings. Fifth, estimating the ef- lage meeting which convenes every day. year. By one estimate, compliance with fect of complex legislation is extremely dif- The mornings are very alive with one of twelve other federal mandates will cost $33.7 ficult. Calculating direct and indirect costs Guam's solid citizens, Jon Anderson. This is billion over the next five years. In all, fed- of a mandate is so exacting that analysts morning talk radio at its finest. For 4 hours be- eral mandates consume an average of 12.3% will be hard-pressed to present accurate fig- ginning at 6 a.m., Anderson engages, encour- of local revenue. In the private sector, an ures. ages, stimulates, and informs. Jon Anderson EPA study found that environmental compli- While this bill is not perfect, it is a good ance costs can at times exceed profits for start in dealing with the complex problem of is the most well-known voice throughout all some small businesses, including many dry unfunded mandates. It can and will be im- segments of Guam's varied communities. He cleaners, truckers, farmers, and wood finish- proved over time. A major flaw in the bill is has been concerned with island issues for ers. that it delays taking effect until October. We many years now, and Guam is enhanced by Unfunded mandates have imposed costs should curb unfunded mandates now, not his show and his concern. and inflexible rules on governments and later. E 178 CONGRESSIONAL RECORD — Extensions of Remarks January 25, 1995 CONCLUSION and Jonathan Skinner concluded raising the the funds are used to buy a first home, to pay The unfunded mandates bill will cause Individual Retirement Account (IRA) contribu- educational expenses, to cover catastrophic Congress to think twice before shifting costs tion limit would increase net national savings health care costs, during long periods of un- to local governments and businesses. It will by $4 for every dollar lost in government tax employment, or to purchase of long-term care shift power from the federal government to revenue. Professors Hubbard and Skinner be- insurance. Similar penalty withdrawal rules will the states, and provide businesses and local officials a forum to discuss the cost-effec- lieve the decline in the national savings rate is apply to 401(k) and 403(b) employer-spon- tiveness of rules with federal regulators be- a cause for serious concern because of the sored plans. fore rules take effect. These costs will now links between saving, capital formation, pro- We have to encourage individuals to save be considered as an integral part of the legis- ductivity, and American living standards. for their retirement. I believe this legislation is lative process. Members who approve legisla- I believe the purpose of this legislation is to a step in the right direction. I urge you to sup- tion without funding will be required to ex- increase our national savings rate. IRAs are a port this legislation. plain their actions to those faced with the proven tool to boost our savings. Most con- f costs of compliance. tributions to IRAs are made by middle income Government that works better and costs families. All Americans should be able to con- less must consider all costs, including those SOUTH BRONX MENTAL HEALTH incurred by the private sector, and encour- tribute to IRAs. We need to provide individuals COUNCIL, INC. PATIENT REC- age cooperation among all levels of govern- with an incentive to save for their retirement. OGNITION AND EMPOWERMENT ment. We accomplish little if we balance the The U.S. personal saving rate dropped from DAY federal budget with unfunded mandates on 5.2 percent of GDP in 1960±1980 to 3.4 per- the backs of others. Enactment of unfunded cent in 1991±1994. ´ mandate legislation will be an important Under this legislation, all Americans would HON. JOSE E. SERRANO step in improving the performance of govern- be eligible for fully deductible IRAs. Current OF NEW YORK ment. law only allows those taxpayers who are not IN THE HOUSE OF REPRESENTATIVES f covered by any other pension arrangement, Wednesday, January 25, 1995 INTRODUCTION OF SUPER IRA and whose income does not exceed $40,000 LEGISLATION ($25,000 singles) to be eligible for a fully de- Mr. SERRANO. Mr. Speaker, I rise today to ductible IRA. These limits would be gradually pay tribute to the South Bronx Mental Health HON. RICHARD E. NEAL lifted over time. The $2,000 contribution limit Council, Inc., which this Friday will celebrate OF MASSACHUSETTS will be indexed for inflation in $500 increments its fourth annual ``Patient Recognition and IN THE HOUSE OF REPRESENTATIVES in the year in which the indexed amount ex- Empowerment Day.'' ceeds the next $500 increase. The South Bronx Mental Health Council is a Wednesday, January 25, 1995 The legislation creates a new kind of IRA community based organization which provides Mr. NEAL. Mr. Speaker, today Mr. Thomas option. Taxpayers will be offered a new choice treatment and mental health services to the and I are introducing the Savings and Invest- of IRA. Under this new type of IRA, contribu- local population and to area schools and sen- ment Act of 1995, commonly referred to as the tions will not be deductible, but if the assets ior centers. Super IRA bill. Since I have been a Member remain in the account for at least 5 years, all While it is important, and appropriate, to of Congress, I have been very concerned income will be tax free when it is withdrawn. recognize the care givers who provide these about our low national savings rate. I share A 10 percent penalty will apply to early with- services, it is even more important that those the belief of chairman Alan Greenspan of the drawals, unless one of the five exceptions is individuals who have made special efforts to Federal Reserve that our low national savings met. overcome their challenges also receive our at- rate is our number one economic problem. The legislation includes a provision which I tention and support. The savings rate has declined significantly believe is very important. The bill allows Mr. Speaker, I ask my colleagues to join me since the 1950s. In 1993, U.S. net national spouses who work at home to contribute up to in saluting our friends at the South Bronx saving was only 2.7 percent of net national $2,000 to their own IRA to the extent of their Mental Health Council, who on Friday, Janu- product, compared to 12.3 percent in 1950. In own income. In addition, the legislation waives ary 27 will celebrate the fourth annual Patient a recent study, Professors R. Glenn Hubbard the 10 percent penalty on early withdrawals if Recognition and Empowerment Day. Wednesday, January 25, 1995 Daily Digest Senate that reflects the direct costs to individual State, Chamber Action local, and tribal governments. Pages S1485, S1518±19 Routine Proceedings, pages S1477–S1555 (3) McCain Amendment No. 198, to modify the Measures Introduced: Three bills and four resolu- exemption for matter within the jurisdiction of the tions were introduced, as follows: S. 274–276, S.J. Committees on Appropriations. Pages S1485, S1525 Res. 24, S. Res. 72 and 73, and S. Con. Res. 4. (4) By a unanimous vote of 99 yeas (Vote No. Page S1539 45), Grassley Modified Amendment No. 207, to ex- Measures Reported: Reports were made as follows: press the sense of the Congress that Federal agencies Reported on Tuesday, January 24, 1995: Report to should evaluate planned regulations, to provide for accompany S.J. Res. 1, proposing an amendment to the consideration of the costs of regulations imple- the Constitution of the United States to require a menting unfunded Federal mandates, and to direct the Director to conduct a study of the 5-year esti- balanced budget. (S. Rept. No. 104–5) Page S1442 Reported Today: S. Res. 73, authorizing biennial mates of the costs of existing unfunded Federal man- expenditures by committees of the Senate. (S. Rept. dates. Pages S1485, S1527±31 (5) Levin Modified Amendment No. 177, to clar- No. 104–6) Pages S1539, S1545±49 ify the use of the term ‘‘direct cost’’. Measures Passed: Pages S1485, S1535 Expressing Condolences to Japan: By a unani- Rejected: mous vote of 98 yeas (Vote No. 46), Senate agreed (1) Wellstone Amendment No. 185, to express to S. Res. 72, expressing support for the Nation and the sense of the Congress that the Congress shall people of Japan and deepest condolences for the continue its progress at reducing the annual Federal losses suffered as the result of the earthquake of Jan- deficit. (By 54 yeas to 45 nays (Vote No. 43), Senate uary 17, 1995. Pages S1531±32 tabled the amendment.) Pages S1485, S1488±95 Unfunded mandates: Senate continued consider- (2) Wellstone Modified Amendment No. 186 (to ation of S. 1, to curb the practice of imposing un- Amendment No. 185), of a perfecting nature. (The funded Federal mandates on States and local govern- amendment fell when Amendment No. 185, listed ments; to strengthen the partnership between the above, was tabled.) Pages S1485, S1495 Federal Government and State, local, and tribal gov- (3) Boxer Amendment No. 202, to provide for the ernments; to end the imposition, in the absence of protection of the health of children, pregnant full consideration by Congress, of Federal mandates women, and the frail elderly. (By 55 yeas to 44 nays on State, local, and tribal governments without ade- (Vote No. 44), Senate tabled the amendment.) quate funding, in a manner that may displace other Pages S1485, S1503±18 essential governmental priorities; and to ensure that Pending: the Federal Government pays the costs incurred by Levin Amendment No. 172, to provide that title those governments in complying with certain re- II, Regulatory Accountability and Reform, shall quirements under Federal statutes and regulations, apply only after January 1, 1996. Page S1485 taking action on amendments proposed thereto, as Levin Amendment No. 174, to provide that if a follows: committee makes certain determinations, a point of Pages S1485±86, S1488±95, S1498, S1502±35, S1537±38 order will not lie. Page S1485 Adopted: Levin Amendment No. 175, to provide for Senate (1) Levin Amendment No. 173, to provide for an hearings on title I, and to sunset title I in the year estimate of the direct cost of a Federal intergovern- 2002. Page S1485 mental mandate. Pages S1485, S1502±03, S1518 Levin Amendment No. 176, to clarify the scope (2) Graham Modified Amendment No. 183, to re- of the declaration that a mandate is ineffective. quire a mechanism to allocate funding in a manner Page S1485 D 83 D 84 CONGRESSIONAL RECORD — DAILY DIGEST January 25, 1995 Graham Amendment No. 184, to provide a budg- Boxer Amendment No. 203, to provide for the et point of order if a bill, resolution, or amendment deterrence of child pornography, child abuse, and reduces or eliminates funding for duties that are the child labor laws. Page S1485 constitutional responsibility of the Federal Govern- Wellstone Amendment No. 204, to define the ment. Page S1485 term ‘‘direct savings’’ as it relates to Federal man- Murray Amendment No. 188, to require time dates. Page S1485 limitations for Congressional Budget Office esti- Wellstone Amendment No. 205, to provide that mates. Pages S1485, S1520±23 no point of order shall be raised where the appro- Graham Amendment No. 189, to change the ef- priation of funds to the Congressional Budget Office, fective date. Page S1485 in the estimation of the Senate Committee on the Harkin Amendment No. 190, to express the sense Budget, is insufficient to allow the Director to rea- of the Senate regarding the exclusion of Social Secu- sonably carry out his responsibilities under this Act. rity from calculations required under a balanced Page S1485 budget amendment to the Constitution. Page S1485 Grassley Amendment No. 208, to require an af- Bingaman Amendment No. 194, to establish an firmative vote of three-fifths of the Members to application to provisions relating to or administrated waive the requirement of a published statement on by independent regulatory agencies. Page S1485 the direct costs of Federal mandates. Page S1486 Glenn Amendment No. 195, to end the practice Kempthorne Amendment No. 209, to provide an of unfunded Federal mandates on States and local exemption for legislation that reauthorizes appropria- governments and to ensure the Federal Government tions and does not cause a net increase in direct costs pays the costs incurred by those governments in of mandates to States, local, and tribal governments. complying with certain requirements under Federal Page S1486 statutes and regulations. Page S1485 Kempthorne Amendment No. 210, to make tech- Kempthorne Amendment No. 196 (to Amend- nical corrections. Page S1486 ment No. 190), to express the sense of the Senate Kempthorne (for Dole) Amendment No. 211, to that any legislation required to implement a bal- make technical corrections. Page S1486 anced budget amendment to the U.S. Constitution shall specifically prevent Social Security benefits Glenn Amendment No. 212, to clarify the base- from being reduced or Social Security taxes from line for determining the direct costs of reauthorized being increased to meet the balanced budget require- or revised mandates, and to clarify that laws and reg- ulations that establish an enforceable duty may be ment. Page S1485 Glenn Amendment No. 197, to have the point of considered mandates. Page S1486 order lie at only two stages: (1) against the bill or Byrd Modified Amendment No. 213, to provide joint resolution, as amended, just before final pas- a reporting and review procedure for agencies that sage, and (2) against the bill or joint resolution as receive insufficient funding to carry out a Federal recommended by conference, if different from the mandate. Page S1486 bill or joint resolution as passed by the Senate. Gramm Amendment No. 215, to require that Page S1485 each conference report that includes any Federal Lautenberg Amendment No. 199, to exclude from mandate, be accompanied by a report by the Direc- the application of the Act, provisions limiting tor of the Congressional Budget Office on the cost known human (Group A) carcinogens defined by the of the Federal mandate. Page S1486 Environmental Protection Agency. Gramm Amendment No. 216, to require an af- Pages S1485, S1532±35 firmative vote of three-fifths of the Members to Byrd Amendment No. 200, to provide a reporting waive the requirement of a published statement on and review procedure for agencies that receive insuf- the direct costs of Federal mandates. Page S1486 ficient funding to carry out a Federal mandate. Byrd Modified Amendment No. 217, to exclude Page S1485 the application of a Federal intergovernmental man- Boxer Amendment No. 201, to provide for unre- date point of order to employer-related legislation. imbursed costs to States due to the imposition of en- Pages S1486, S1503±04 forceable duties on the States regarding illegal immi- Levin Amendment No. 218, in the nature of a grants or the Federal Government’s failure to fully substitute. Page S1486 enforce immigration laws. Page S1485 Levin Amendment No. 219, to establish that esti- A unanimous-consent agreement was reached pro- mates required on Federal intergovernmental man- viding for the consideration of Amendment No. 201 dates shall be for no more than ten years beyond the on Thursday, January 26. Pages S1550±51 effective date of the mandate. Page S1486 January 25, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 85

Brown Amendment No. 220, to express the sense Acting Majority Leader in today’s RECORD on page of the Senate that the appropriate committees should S1555.) review the implementation of the Act. Page S1486 Brown/Hatch Amendment No. 221, to limit the Committee Meetings restriction on judicial review. Page S1486 Roth Amendment No. 222, to establish the effec- (Committees not listed did not meet) tive date of January 1, 1996, of Title I, and make CBO ANNUAL REPORT it apply to measures reported, amendments and mo- Committee on the Budget: Committee held hearings to tions offered, and conference reports. Page S1486 Withdrawn: examine the state of the United States economy and the budget outlook for fiscal years 1996–2000, re- Murray Amendment No. 187, to exclude from the ceiving testimony from Robert D. Reischauer, Direc- application of the Act agreements with State, local, tor, Congressional Budget Office. and tribal governments and the private sector with Hearings were recessed subject to call. respect to environmental restoration and waste man- agement activities of the Department of Defense and SUBCOMMITTEE MEMBERSHIP the Department of Energy. Pages S1485, S1520±23 Committee on Commerce, Science, and Transportation: A motion was entered to close further debate on Committee announced the following subcommittee the bill and, in accordance with the provisions of membership: Rule XXII of the Standing Rules of the Senate, a Subcommittee on Aviation: Senators McCain (Chair- vote on the cloture motion will occur on Friday, Jan- man), Pressler, Stevens, Gorton, Burns, Lott, uary 27, 1995. Page S1537 Hutchison, Ashcroft, Ford, Exon, Inouye, Bryan, Senate will continue consideration of the bill and Rockefeller, Breaux, and Dorgan. amendments pending thereto, on Thursday, January Subcommittee on Communications: Senators Packwood 26. (Chairman), Pressler, Stevens, McCain, Burns, Gor- ton, Lott, Ashcroft, Hollings, Inouye, Ford, Exon, Appointments: Kerry, Breaux, and Rockefeller. Senate Arms Control Observer Group: The Subcommittee on Consumer Affairs, Foreign Commerce Chair, on behalf of the Minority Leader, pursuant to and Tourism: Senators Gorton (Chairman), Pressler, S. Res. 105, adopted April 13, 1989, as amended by McCain, Snowe, Ashcroft, Exon, Ford, Bryan, and S. Res. 280, adopted October 8, 1994, announced Rockefeller. the following appointments and designations to the Subcommittee on Oceans and Fisheries: Senators Ste- Senate Arms Control Observer Group: Senator Byrd vens (Chairman), Packwood, Gorton, Snowe, Kerry, as Minority Administrative Co-Chairman and Sen- Inouye, and Breaux. ator Nunn as Co-Chairman for the Minority. Subcommittee on Surface Transportation and Merchant Page S1536 Marine: Senators Lott (Chairman), Hutchison, Pack- wood, Stevens, Burns, Snowe, Inouye, Exon, Breaux, Messages From the President: Senate received the Dorgan, and Bryan. following message from the President of the United Subcommittee on Science, Technology, and Space: Sen- States: ators Burns (Chairman), Pressler, Hutchison, Stevens, Received on Tuesday, January 24, 1995: Trans- Lott, Rockefeller, Kerry, Bryan, and Dorgan. mitting the State of the Union Address; ordered to SUBCOMMITTEE ASSIGNMENTS lie on the table. (PM–4) Pages S1430±35 Committee on Energy and Natural Resources: Committee Communications: Pages S1538±39 announced the following subcommittee assignments: Statements on Introduced Bills: Pages S1539±42 Subcommittee on Energy Production and Regulation: Additional Cosponsors: Pages S1542±43 Senators Nickles (Chairman), Jeffords (Vice Chair- man), Hatfield, Thomas, Domenici, Bingaman, Ford, Authority for Committees: Page S1549 Akaka, and Wellstone. Additional Statements: Pages S1549±50 Subcommittee on Energy Research and Development: Text of S. 273, as Previously Passed: Page S1550 Senators Domenici (Chairman), Burns (Vice Chair- man), Craig, Kyl, Grams, Ford, Bradley, and Record Votes: Four record votes were taken today. Wellstone. (Total—46). Pages S1495, S1518, S1531 Subcommittee on Forests and Public Land Management: Recess: Senate convened at 9:30 a.m., and recessed Senators Craig (Chairman), Kyl (Vice Chairman), at 9:04 p.m., until 9 a.m., on Thursday, January 26, Hatfield, Domenici, Burns, Thomas, Bradley, Bump- 1995. (For Senate’s program, see the remarks of the ers, Bingaman, and Campbell. D 86 CONGRESSIONAL RECORD — DAILY DIGEST January 25, 1995 Subcommittee on Parks, Historic Preservation, and and Judith M. Gueron, Manpower Demonstration Recreation: Senators Thomas (Chairman), Grams (Vice Research Corporation, New York, New York. Chairman), Nickles, Jeffords, Bumpers, Akaka, and Hearings were recessed subject to call. Campbell. CONGRESSIONAL TERM LIMITS ECONOMIC OUTLOOK Committee on the Judiciary: Subcommittee on the Con- Committee on Finance: Committee held hearings to ex- stitution, Federalism and Property Rights concluded amine the current condition and future outlook of hearings on S.J. Res. 19 and S.J. Res. 21, measures the United States economy, receiving testimony from proposing an amendment to the Constitution of the Alan Greenspan, Chairman, Board of Governors of United States relative to limiting congressional the Federal Reserve System. terms, after receiving testimony from Senators Committee will meet again tomorrow. Grams, Ashcroft, Thompson, and McConnell; Rep- NORTH KOREA NUCLEAR AGREEMENT resentatives McCollum, Inglis, Fowler, and Deal; Committee on Foreign Relations: Committee concluded Lamar Alexander, former Governor of Tennessee and hearings to examine the effects of the United States former Secretary of Education, Nashville; Patrick Bu- and the Democratic People’s Republic of Korea re- chanan, The American Cause, McLean, Virginia; garding the North Korean nuclear program on over- Lloyd N. Cutler, Wilmer, Cutler & Pickering, Ed- all efforts to reduce the proliferation of weapons of ward H. Crane, Cato Institute, David M. Mason, mass destruction, after receiving testimony from Heritage Foundation, Thomas E. Mann, Brookings James R. Lilley, American Enterprise Institute, Paul Institution, Norman J. Ornstein, American Enter- Wolfowitz, Johns Hopkins University, Richard V. prise Institute for Public Policy Research, Paul Allen, Richard V. Allen Company, and Leonard S. Jacob, U.S. Term Limits, Becky Cain, League of Spector, Carnegie Endowment for International Women Voters of the United States, Cleta D. Peace, all of Washington, D.C.; and Victor Gilinsky, Mitchell, Term Limits Legal Institute, and Fred Glen Echo, Maryland, former Commissioner of the Wertheimer, Common Cause, all of Washington, Nuclear Regulatory Commission. D.C.; Ron Rotunda, University of Illinois, Urbana; Mark Petracca, University of California, Irvine; Sher- WELFARE REFORM ry Bockwinkel, LIMIT, Tacoma, Washington; and Committee on Governmental Affairs: Committee held Ed McMullen, Columbia, South Carolina. hearings on proposals to reform the national welfare system, receiving testimony from Jane L. Ross, Di- BUSINESS MEETING rector, Income Security Issues, Health, Education, Committee on Rules and Administration: Committee or- and Human Services Division, General Accounting dered favorably reported an original resolution (S. Office; Mary Jo Bane, Assistant Secretary of Health Res. 73) authorizing biennial expenditures by com- and Human Services for Children and Families; Wil- mittees of the Senate, in lieu of S. Res. 36, S. Res. liam Ludwig, Administrator of the Food and 38, S. Res. 39, S. Res. 40, S. Res. 41, S. Res. 43, Consumer Service, Department of Agriculture; Mi- S. Res. 45, S. Res. 48, S. Res. 49, S. Res. 50, S. Res. chael A. Stegman, Assistant Secretary of Housing 51, S. Res. 52, S. Res. 53, S. Res. 54, S. Res. 55, and Urban Development for Policy Development and S. Res. 56, S. Res. 62, S. Res. 64, and S. Res. 65. Research; South Carolina Governor Carroll Campbell, Columbia; Ohio State Representative Jane Campbell, INTELLIGENCE Columbus, on behalf of the National Conference of Select Committee on Intelligence: Committee held closed State Legislatures; Robert Rector, Heritage Founda- hearings on intelligence matters, receiving testimony tion, and Mark Greenberg, Center for Law and Social from officials of the intelligence community. Policy, both of Washington, D.C.; Lawrence M. Committee will meet again on Wednesday, Feb- Mead, Princeton University, Princeton, New Jersey; ruary 1. January 25, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 87 House of Representatives LABOR—HHS—EDUCATION Chamber Action APPROPRIATIONS Bills Introduced: Twenty-six public bills, H.R. Committee on Appropriations: Subcommittee on Labor, 665–690; and two resolutions, H. Con. Res. 19 and Health and Human Services, Education and Related 20, were introduced. Pages H691±92 Agencies continued appropriation hearings. Testi- Treatment of Social Security in Legislation: By a mony was heard from public witnesses. yea-and-nay vote of 412 yeas to 18 nays, Roll No. Hearings continue tomorrow. 40, the House agreed to H. Con. Res. 17, relating to the treatment of Social Security under any con- NATIONAL SECURITY APPROPRIATIONS stitutional amendment requiring a balanced budget. Committee on Appropriations: Subcommittee on Na- Pages H619±28 tional Security held a hearing on Ongoing Defense Balanced Budget Amendment: House completed Operations. Testimony was heard from the following all general debate on H.J. Res. 1, proposing a bal- officials of the Department of Defense: William J. anced budget amendment to the Constitution of the Perry, Secretary; and Gen. John Shalikashvili, USA, United States; but came to no resolution thereon. Chairman, Joint Chiefs of Staff. Consideration of amendments will begin on Thurs- day, January 26. Pages H628±57 MEXICAN ECONOMIC SITUATION H. Res. 44, the rule under which the joint resolu- Committee on Banking and Financial Services: Held a tion and H. Con. Res. 17 were being considered, hearing on Mexican Economic Situation. Testimony was agreed to earlier by a recorded vote of 255 ayes was heard from Robert E. Rubin, Secretary of the to 172 noes, Roll No. 39. Agreed to order the pre- Treasury; Warren M. Christopher, Secretary of State; vious question on the amendment and the rule by and Alan Greenspan, Chairman, Board of Governors, a yea-and-nay vote of 233 ayes to 196 noes, Roll Federal Reserve System. No. 37. Pages H605±19 Agreed to the Solomon correcting amendment LINE-ITEM VETO ACT (agreed to by a recorded vote of 253 ayes to 176 Committee on Government Reform and Oversight: Ordered noes, Roll No. 38). Pages H615±18 reported amended H.R. 2, Line-Item Veto Act. Meeting Hour: House agreed to meet at 9:00 a.m. on Thursday, January 26. Page H641 EXPORT CONTROL Quorum Calls—Votes: Two yea-and-nay and two Committee on International Relations: Subcommittee on recorded votes developed during the proceedings of International Economic Policy and Trade held a the House today and appear on pages H617, hearing on Issues in Export Control. Testimony was H617–18, H618–19, and H628. heard from Paul Freedenberg, former Under Sec- Adjournment: Met at 11:00 a.m. and adjourned at retary, Department of Commerce; and a public wit- 10:56 p.m. ness. CUBAN ‘‘MARCH 13TH’’ TUGBOAT Committee Meetings INCIDENT COMMERCE, JUSTICE, STATE, AND THE Committee on International Relations: Subcommittee on JUDICIARY APPROPRIATIONS Western Hemisphere held a hearing on the Cuban Committee on Appropriations: Subcommittee on Com- ‘‘March 13th’’ Tugboat Incident. Testimony was merce, Justice, State, and the Judiciary held a hear- heard from Representative Diaz-Balart; Ambassador ing on Review of U.N. Operations and Peacekeep- Michael Skol, Principal Deputy Assistant Secretary, ing. Testimony was heard from Richard L. Inter-American Affairs, Department of State; and Thornburgh, former Under Secretary-General, Ad- public witnesses. ministration and Management of the United Na- tions; John R. Bolton, former Assistant Secretary, NATIONAL SECURITY REVITALIZATION International Organization Affairs, Department of ACT State; and Ambassador Frank Ruddy, former Deputy Committee on National Security: Held a hearing on Chairman, Referendum for Western Sahara, Title II, Missile Defense, of H.R. 7, National Secu- MINURSO Peacekeeping Operation. rity Revitalization Act. Testimony was heard from D 88 CONGRESSIONAL RECORD — DAILY DIGEST January 25, 1995 the following former Assistant Secretaries, Inter- COMMITTEE MEETINGS FOR THURSDAY, national Security Policy, Department of Defense: Ste- JANUARY 26, 1995 phen J. Hadley and Richard N. Perle; and a public (Committee meetings are open unless otherwise indicated) witness. Senate MISCELLANEOUS MEASURES Committee on Agriculture, Nutrition, and Forestry, to hold hearings on S. 178, authorizing funds for the Commodity Committee on Resources: Subcommittee on Fisheries, Futures Trading Commission, 9:30 a.m., SR–332. Wildlife and Oceans held a hearing on the follow- Committee on Appropriations, Subcommittee on VA, ing: Sea of Okhotsk Fisheries Enforcement Act; H.R. HUD, and Independent Agencies, to resume hearings to 541, to reauthorize the Atlantic Tunas Convention examine the management and budgetary situation at the Act of 1975; High Seas Fisheries Licensing Act of Department of Housing and Urban Development, 9:30 1995; a measure to extend authorization of the Fish- a.m., SD–192. ermen’s Protective Act until the year 2000; H.R. Committee on Armed Services, to hold hearings on the se- curity implications of the Nuclear Non-Proliferation 535, Corning National Fish Hatchery Conveyance Agreement with North Korea, 9:30 a.m., SH–216. Act; H.R. 584, to direct the Secretary of the Interior Committee on the Budget, to hold hearings on the nation’s to convey a fish hatchery to the State of Iowa; H.R. economic and budget outlook, 9:30 a.m., SD–608. 542, to approve a governing international fishery Committee on Commerce, Science, and Transportation, to agreement between the United States and the Peo- hold oversight hearings on activities of the National Rail- ple’s Republic of China; and H.R. 543, to approve road Passenger Corporation (Amtrak), 2 p.m., SR–253. a governing international fishery agreement between Committee on Finance, to hold hearings to examine the the United States and the Republic of Estonia. Testi- Federal budget outlook, 9:30 a.m., SD–215. Committee on Foreign Relations, to hold hearings to exam- mony was heard from Ambassador David A. Solson, ine the Mexico economic situation and United States ef- Deputy Assistant Secretary, Oceans, Department of forts to stabilize the peso, 10 a.m. and 2 p.m., SD–419. State; Rolland A. Schmitten, Assistant Adminis- Committee on the Judiciary, business meeting, to mark up trator, National Marine Fisheries Service, NOAA, S.J. Res. 19 and S.J. Res. 21, measures proposing a con- Department of Commerce; and Gary Edwards, As- stitutional amendment to limit congressional terms, sistant Director, Fisheries, U.S. Fish and Wildlife 10:30 a.m., SD–226. Service, Department of the Interior. Committee on Labor and Human Resources, to hold hear- ings on activities of the National Endowment for the OVERSIGHT—GUARANTEED BUSINESS Arts, 9:30 a.m., SD–430. LOAN PROGRAM House Committee on Small Business: Held an oversight hear- Committee on Appropriations, Subcommittee on Foreign ing on the SBA’s 7(a) Guaranteed Business Loan Operations, Export Finance, and Related Agencies, on Program. Testimony was heard from Philip Lader, Foreign Operations in an Era of Budget Reductions, 10 Administrator, SBA; and public witnesses. a.m., H–144 Capitol. Subcommittee on Labor, Health and Human Services, Education and Related Agencies, to continue on Public COMMITTEE ORGANIZATION Witnesses, 10 a.m., 2358 Rayburn. Committee on Transportation and Infrastructure: Sub- Committee on Economic and Educational Opportunities, Sub- committee on Public Buildings and Economic De- committee on Oversight and Investigations, hearing on velopment met for organizational purposes. Reexamining Old Assumptions, 11 a.m., 2175 Rayburn. Committee on International Relations, to continue hearings on Evaluating U.S. Foreign Policy, Part III, 9 a.m., and CONTRACT WITH AMERICA to mark up H.R. 7, National Security Revitalization Act, Committee on Ways and Means: Continued hearings on 2 p.m., 2172 Rayburn. the Contract With America, with emphasis on provi- Committee on National Security, executive, briefing on re- sions designed to encourage savings and investment. gional hotspots, 9:30 a.m., 2118 Rayburn. Testimony was heard from Representatives Wyden Committee on Resources, oversight hearing on Federal Ef- forts To Introduce Canadian Gray Wolves Into Yellow- and Calvert; Jane Gravelle, Senior Specialist, Eco- stone National Park and the Central Idaho Wilderness, nomic Policy, CRS, Library of Congress; and public 9:30 a.m., 1334 Longworth. witnesses. Subcommittee on National Parks, Forests and Lands, to Hearings continue tomorrow. mark up the following bills: H.R. 531, to designate the January 25, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 89

Great Western Scenic Trail as a study trail under the Na- Committee on Rules, to mark up the following measures: tional Trails System Act; H.R. 536; to extend indefinitely H.R. 2, Line Item Veto Act; and H. Res. 43, to amend the authority of the Secretary of the Interior to collect a clause 2(g)(3) of House rule XI to permit committee commercial operation fee in the Delaware Water Gap Na- chairman to schedule hearings, 10 a.m., H–313 Capitol. tional Recreation Area; H.R. 517, Chacoan Outliers Pro- Committee on Small Business, hearing on Capital Gains tection Act of 1995; H.R. 529, to authorize the exchange Tax Reform and Investment in Small Business, 10 a.m., of National Forest System lands in the Targhee National 2359 Rayburn. Forest in Idaho for non-Federal lands within the forest in Committee on Transportation and Infrastructure, Sub- Wyoming; and H.R. 562, to modify the boundaries of committee on Railroads, hearing on Disposition of the Walnut Canyon National Monument in the State of Ari- ICC’s Rail Merger Authority, 10 a.m., 2167 Rayburn. zona, 2 p.m., 1324 Longworth. Committee on Ways and Means, to continue hearings on the Contract With America, 10 a.m., 1100 Longworth. D 90 CONGRESSIONAL RECORD — DAILY DIGEST January 25, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, January 26 9 a.m., Thursday, January 26

Senate Chamber House Chamber Program for Thursday: Senate will resume consideration Program for Thursday: Continue consideration of H.J. of S. 1, Unfunded Mandates. Res. 1, Balanced Budget Constitutional Amendment.

Extensions of Remarks, as inserted in this issue

HOUSE Jackson-Lee, Sheila, Tex., E175 Slaughter, Louise McIntosh, N.Y., E175 Kanjorski, Paul E., Pa., E175 Underwood, Robert A., Guam, E173, E177 Cox, Christopher, Calif., E176 Neal, Richard E., Mass., E174, E178 Wilson, Charles, Tex., E173 Franks, Bob, N.J., E173, E176 Quinn, Jack, N.Y., E175 Hamilton, Lee H., Ind., E173, E177 Serrano, Jose´ E., N.Y., E174, E178

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ The Congressional Record is available as an online database through GPO Access, a service of the U.S. Government Printing Office. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d Session (January 1994) forward. It is available on a Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. The annual subscription fee for a single workstation is $375. Six month subscriptions are available for $200 and one month of access can be purchased for $35. Discounts are available for multiple-workstation subscriptions. To subscribe, Internet users should telnet swais.access.gpo.gov and login as newuser (all lower case); no password is required. Dial in users should use communications software and modem to call (202) 512–1661 and login as swais (all lower case); no password is required; at the second login prompt, login as newuser (all lower case); no password is required. Follow the instructions on the screen to register for a subscription for the Congressional Record Online via GPO Access. For assistance, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262, or by calling (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $112.50 for six months, $225 per year, or purchased for $1.50 per issue, payable in advance; microfiche edition, $118 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.