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

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

Vol. 141 WASHINGTON, THURSDAY, FEBRUARY 2, 1995 No. 21

The House met at 10 a.m. and was Mr. SANFORD led the Pledge of Alle- Mr. GUTIERREZ. Mr. Speaker, today called to order by the Speaker pro tem- giance as follows: we will begin an important bill that pore [Mr. DREIER]. I pledge allegiance to the Flag of the once again my friends on the other side United States of America, and to the Repub- f of the aisle have almost gotten right. lic for which it stands, one nation under God, Giving the President the line-item veto DESIGNATION OF THE SPEAKER indivisible, with liberty and justice for all. authority is important but again the PRO TEMPORE f bill we are debating today omits an element critical to making this legisla- The SPEAKER pro tempore laid be- REPUBLICAN CONTRACT WITH tion true and effective. They are more fore the House the following commu- AMERICA nication from the Speaker: than willing to allow the President to (Mr. BOEHNER asked and was given WASHINGTON, DC, eliminate spending, but they seem to February 2, 1995. permission to address the House for 1 be more than a little nervous about al- I hereby designate the Honorable DAVID minute.) lowing the President to eliminate un- DREIER to act as Speaker pro tempore on Mr. BOEHNER. Mr. Speaker, our fair tax giveaways. I want our Presi- this day. Contract With America states the fol- dent to stand against wasteful spend- NEWT GINGRICH, lowing: On the first day of Congress, a ing. But he should also be able to stand Speaker of the House of Representatives. Republican House will: up against unfair tax breaks for the f Force Congress to live under the wealthy and the privileged. same laws as everyone else; cut com- PRAYER mittee staffs by one-third; and cut the If the President can eliminate spend- The Chaplain, Rev. James David congressional budget. ing with the stroke of a pen, let us give Ford, D.D., offered the following pray- We have done that. him the authority to eliminate tax er: It goes on to state that in the first giveaways that cheat working people, drain our treasury, and pile up our debt May the gifts of prayer, O gracious 100 days, we will vote on the following with that very same pen. God, be with us and each person; may items: A balanced budget amendment— the petitions of our hearts find satis- we have done this; unfunded mandates If my colleagues are serious about faction in our lives; may the longings legislation—we have done this; line- this reform, let us make it a serious re- and yearnings of our very being find item veto; a new crime bill to stop vio- form that addresses our serious prob- fulfillment in that peace that You lent criminals; welfare reform to en- lems, not a pretend reform hiding a alone can give; and may the hopes and courage work, not dependence; family huge tax loophole for the powerful and dreams we place before You, O God, reinforcement to crack down on dead- the privileged. allow us to experience reconciliation beat dads and protect our children; tax and grace with You and with our own cuts for families to lift Government’s f destinies. Bless us, O God, this day and burden from middle-income Americans; every day. Amen. national security restoration to protect our freedoms; Senior Citizens’ Eq- REPUBLICANS ARE DELIVERING f uity Act to allow our seniors to work (Mr. FOX of Pennsylvania asked and THE JOURNAL without Government penalty; Govern- was given permission to address the ment regulation and unfunded mandate The SPEAKER pro tempore. The House for 1 minute and to revise and reforms; commonsense legal reform to extend his remarks.) Chair has examined the Journal of the end frivolous lawsuits; and congres- last day’s proceedings and announces sional term limits to make Congress a Mr. FOX of Pennsylvania. Mr. Speak- to the House his approval thereof. citizen legislature. er, I thought you might be interested Pursuant to clause 1, rule I, the Jour- This is our Contract With America. in some voting statistics from the first nal stands approved. month of the 104th Congress. In the f month of January, we had 79 rollcall f COUPLE LINE-ITEM VETO WITH votes. Compare that to last January, PLEDGE OF ALLEGIANCE ELIMINATION OF TAX GIVEAWAYS when we only had 2 rollcall votes, and The SPEAKER pro tempore. Will the (Mr. GUTIERREZ asked and was in January 1992 when we only had 11 gentleman from South Carolina [Mr. given permission to address the House rollcall votes. SANFORD] come forward and lead the for 1 minute and to revise and extend What do these statistics mean? They House in the Pledge of Allegiance. his remarks.) show that the Republican majority is

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.

H1075

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1076 CONGRESSIONAL RECORD — HOUSE February 2, 1995 serious about getting down to work and America. Again, we fulfilled our prom- Today, we take up the line-item veto, passing our Contract With America. We ise with the State and local govern- which will make it more difficult for are committed to working hard to keep ments to lift the financial burden im- Congress to pass wasteful pork-barrel our promise with the American people. posed on them by the Washington bu- spending projects. Congressional accountability, balanced reaucrats. Mr. Speaker, in the last election, the budget amendment, unfunded man- We will continue to deliver change American people said they wanted dates reform—all done. Next up is line- today as we begin debate on the line- change. item veto, crime bill, welfare reform, item veto. This bill is yet another They said they wanted a more effi- national defense bill, middle-class tax mechanism to reduce the size, scope, cient and smaller Government that cuts, term limits. We won’t stop until and cost of the Government. And more cost less, spent less, and did fewer stu- we’re through. importantly, this bill is yet another pid things. If the people want to know if the Re- step toward the completion of the Con- We have heard that message, and in a publicans are delivering, just look at tract With America. bipartisan fashion, we are working what we have accomplished in 1 month. We are working hard. We are keeping hard to make those changes. f our promise. We are changing Govern- I urge my colleagues on the other ment. side of the aisle: Let’s not bicker and RAISING INTEREST RATES PUTS f nitpick. Let’s not unnecessarily slow RECOVERY AT RISK down the process for purely partisan (Mr. HINCHEY asked and was given FED’S ACTION DISSERVICE TO reasons. Instead, let’s give the Amer- permission to address the House for 1 WORKING AMERICANS ican people the kind of Government minute.) (Mr. MILLER of California asked and they really want. Let us work together Mr. HINCHEY. Mr. Speaker, yester- was given permission to address the to complete the Contract With Amer- day, for the seventh time in the last 12 House for 1 minute and to revise and ica. months, the Federal Reserve—meeting extend his remarks.) f in a closed-door session—raised the in- Mr. MILLER of California. Mr. INTRODUCTION OF LEGISLATION terest rates and gambled on the eco- Speaker, the Federal Reserve Board nomic future of the middle-class Amer- TO AUDIT OPERATIONS OF THE yesterday did a terrible disservice to FEDERAL RESERVE SYSTEM ican. working Americans when for the sev- Over the past year, the Federal Re- enth time in a year it raised interest (Mr. VOLKMER asked and was given serve has acted out of fear of a phan- rates. permission to address the House for 1 tom inflation that does not exist. American homeowners will now get minute and to revise and extend his re- The constituents of my district, and $15 billion of additional mortgage costs marks.) the working families of this Nation, charged against them because of this Mr. VOLKMER. Mr. Speaker, I rise are struggling to be a part of the eco- increase. Half of the homeowners in to inform my colleagues of legislation nomic recovery. America will get an envelope shortly that I am introducing to audit the op- Inflation is at a 30-year low, but from their lending institution telling erations of the Federal Reserve Sys- working Americans will now suffer them that their monthly mortgage tem, including the Reserve Board, the under an interest rate double that of rate has gone up because of these ac- Advisory Council, the Open Market the same time last year. tions by the Federal Reserve. Those Committee, and the Reserve banks. Over the past year, there has been no people shopping for a car this weekend Mr. Speaker, yesterday, the Federal significant increase in salaries or buy- will find the cost of financing that Reserve again raised short-term inter- ing power, but now the Fed is depriving automobile has gone up because of the est rates. In a 2-day meeting behind middle-class taxpayers of the buying Federal Reserve. Carpenters, plumbers, closed doors the Federal Open market power necessary to participate in the electricians, and others who work in Committee raised the rate by a half economic recovery. the homebuilding industry and the con- point. For the seventh time in a year The Fed’s rate increase is going to struction industry will find it harder to the Fed has seen fit to slow our grow- hit working Americans when they pay find work throughout the year because ing economy and raise interest rates to their mortgage, it is going to hit work- the cost of homebuilding has gone up, the highest point since 1991. To para- ing Americans when they pay their the cost of construction has gone up, phrase Senator Dirksen, a half point credit card bills, and it is going to hit and the cost of small business expan- here, three-quarters of a point there, working Americans when they need to sion has gone up because of these ac- and pretty soon we are talking about buy cars. tions taken in secret by the Federal real interest. Today, I call on the Federal Reserve Reserve. Immediately after the Fed’s an- Board to end this ongoing crusade American workers deserve better and nouncement, major banks across the against a phantom inflation—tilting at the Federal Reserve ought to recognize country raised their prime lending rate windmills that do not exist. that the wages of American workers to 9 percent, forming an even bigger The fact remains that the economy is are under pressure from workers roadblock for those wanting to buy not overheating and millions upon mil- around the world, and they ought to into the American dream of home own- lions of Americans are still out of understand that inflation is different ership. work. The Federal Reserve was wrong today than it was yesterday. Mr. Speaker, I would like to know, as to raise rates and has put economic re- I am sure many of my colleagues would covery at risk for working American f like to know, what crystal ball the all- families. b 1010 knowing Federal Reserve Board uses so they can keep inflation contained when f DOING THE PEOPLE’S BUSINESS most economists believe that inflation YET ANOTHER VICTORY (Mr. JONES asked and was given per- is under control. That is why we need (Mr. CHRISTENSEN asked and was mission to address the House for 1 an audit, and that is why I have intro- given permission to address the House minute and to revise and extend his reduced this legislation. I ask my col- for 1 minute and to revise and extend marks.) leagues to join with me by cospon- his remarks.) Mr. JONES. Mr. Speaker, under Re- soring this legislation so that we too Mr. CHRISTENSEN. Mr. Speaker, publican leadership, the House is work- can look behind those closed doors. yesterday ushered in just one more vic- ing hard to change the way we do the f tory for the American people. We people’s business. passed the unfunded mandates reform Yesterday, we passed an unfunded TERM LIMITS legislation by an overwhelming bipar- mandate reform bill, which will make (Mr. SANFORD asked and was given tisan vote of 360 to 74. Once again, we it harder for the Federal Government permission to address the House for 1 have kept our promise with the people to tell the American people what to do minute and to revise and extend his re- through our Republican Contract With without paying for it. marks.)

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1077 Mr. SANFORD. Mr. Speaker, I rise You can see heroes every day going in and fourth quarter of last year, but we are before you and the rest of this body to out of factory gates. Others, a handful in beginning to see signs of a slowdown. ask for term limits in general, and to number, produce enough food to feed all of us Mr. Speaker, the Federal Reserve ask specifically that this body push for and then the world beyond. You meet heroes looks at the big picture, the nation- across a counter—and they are on both sides the English-Dornan-Sanford amend- of that counter. There are entrepreneurs wide, the worldwide picture, but ig- ment particularly. with faith in themselves and faith in an idea nores the little picture, our districts If we look at term limits, they are who create new jobs, new wealth and oppor- and our cities. Home builders will build building blocks toward getting a cit- tunity. They are individuals and families fewer houses, realtors will sell fewer izen-filled legislature that this country whose taxes support the Government and houses, car dealers will sell fewer new so desperately needs. One of the rea- whose voluntary gifts support church, char- and used cars, and our constituents sons I think we need them so des- ity, culture, art, and education. Their patri- will be able to buy fewer of those cars. perately is because, as I take this $20 otism is quiet but deep. Their values sustain This latest increase adds another our national life. bill out, I ask what is it each of us economic burden to the people in my works for. Each of us works to put Mr. Speaker, Ronald Reagan will be district in Houston as well as it does bread on the table. 84 on Monday, and on that day this across the country. It means higher If we view politics as our career, if we House is going to give him a birthday borrowing costs for consumers, higher view politics as a way to put bread on gift, something he has wanted for a costs for capital for small business and the table, we often are making deci- long time: the line-item veto. medium-sized businesses, and as the re- sions that are the opposite of what the f altors have said, it puts the price of a American public would like us to. THE SECRET BEHIND THE down payment on a home out of the So I ask again that we push for term REPUBLICAN STRATEGY reach of many Americans. limits in a general way and the It’s time we started looking at the English-Dornan-Sanford amendment, (Mr. WISE asked and was given per- little picture. mission to address the House for 1 which is a three-term cap for Members f in the House. minute and to revise and extend his remarks.) PERSONAL RESPONSIBILITY ACT f Mr. WISE. Mr. speaker, one of those (Mr. OLVER asked and was given REPUBLICAN EFFORTS TO HIDE embarassing genies popped out of the permission to address the House for 1 TRUE IMPACT OF CONTRACT bottle last night when NBC–TV re- minute and to revise and extend his re- TAX POLICIES vealed the secret behind the Repub- marks.) (Mr. DURBIN asked and was given lican leadership strategies when the Mr. OLVER. Mr. Speaker, soon we permission to address the House for 1 playbook was opened to public scru- will debate the Personal Responsibility minute and to revise and extend his re- tiny, and the strategy described might Act in the Republican contract. But let marks.) be a little scary to Americans looking us be honest. It sounds more like the Mr. DURBIN. Mr. Speaker, each day for true change. female punishment act. It spells out at the beginning of the session one of Apparently, according to the Repub- exact responsibilities and punishments my Republican colleagues gets up with lican leadership strategy, it is all in for women on AFDC. But it lets fathers great piety and reads about the Repub- the wording. You do not like what you off the hook without even a mention. lican contract. I know they are very are doing, call it something else. Amer- Many women and their children are on proud of it, but they do not tell us the icans believe, according to this play- welfare only because the fathers do not whole story. book, that the GOP is mean and support their children. The Republican Contract on America uncaring. That will not do, so how do In my State in the last 6 months, is a budget buster. Yesterday our Joint you handle it? Do not talk honestly 4,000 mothers escaped welfare because Tax Committee came up with an esti- about the programs you are going to Massachusetts makes fathers support mate of what it will cost the Treasury cut that actually serve people, instead their children. We need to make child for the Republican tax cut package: a talk about slashing bureaucrats. support enforcement part of welfare re- little less than $200 billion in the first If your aim is to cut the capital gains form. Both mothers and fathers must 2 years, but in the following 5 years, tax for the wealthy, do not say be responsible for the support of chil- over $700 billion more. For what? For wealthy, talk about helping the middle dren. tax cuts for the wealthiest of Ameri- class. f cans. And as the playbook says, the media INTEREST RATES The Republican contract does not is watching what comes first. stand up for American families, it The cynicism suggested in the revela- (Mr. WARD asked and was given per- stands up for the monied interests, the tion of this confidential memo will mission to address the House for 1 fat cats. At a time when we should put leave a sour taste in the mouths of minute and to revise and extend his re- the fat cats in America on a diet, the most Americans and it should. It is marks.) Republican contract puts them on the time for the GOP to stop sugar coating Mr. WARD. Mr. Speaker, as we gravy train. their actions with rhetoric and bumper learned yesterday, the Federal Reserve f stickers and honestly explain to the has raised short-term interest rates for American people what their aims are. the seventh time in 1 year. I feel that REMEMBERING THE WORDS OF A f this move was a drastic error in fiscal GREAT PRESIDENT management. (Mr. LINDER asked and was given INTEREST RATES While this move may aid the wealthi- permission to address the House for 1 (Mr. GENE GREEN of Texas asked est investors on Wall Street, it will minute and to revise and extend his re- and was given permission to address place an undue burden on the average marks.) the House for 1 minute and to revise American, forcing many to postpone Mr. LINDER. Mr. Speaker, just over and extend his remarks.) plans of purchasing a new car or a new 14 years ago, Ronald Reagan was sworn Mr. GENE GREEN of Texas. Mr. home. This sharp decrease in spending, in as President on the West Front of Speaker, the effects of interest rate in- which will inevitably result from the this building. creases take time to show up in the increase, could drive the economy into His remarks that day were brief, but economy. It was only 2 months ago a recession. exceptionally stirring and profound. I that the Fed increased rates three- Today’s Washington Post, reported: recall one paragraph that is as timely quarters of 1 percent and only 5 months ‘‘Higher rates are beginning to affect now as on that inauguration day. The since it raised rates by a half percent. one of the strongest parts of the econ- words speak to the motives and goals The Fed raised interest rates another omy during 1994, the making and sell- of the Contract With America and are half percent yesterday. It was the sev- ing of new cars and light trucks.’’ The superior to my own. enth increase since the beginning of automotive aspect of our Nation’s He said: 1994. The economy grew well in the economy is critical and I do not think

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1078 CONGRESSIONAL RECORD — HOUSE February 2, 1995 that it is prudent fiscal policy to place their children’s welfare. All children equally divided and controlled by the chair- this market in jeopardy. have two parents. Therefore, we must man and ranking minority member of the Mr. Speaker, the average American require that both parents live up to Committee on Rules. After general debate family was dealt a hard blow yesterday their responsibilities and obligations. the bill shall be considered for amendment under the five-minute rule. In lieu of the and I only hope that Mr. Greenspan Ignoring child support enforcement amendments recommended by the Com- knows something that I do not know. would send the wrong message. mittee on Government Reform and Oversight f We would require young mothers to and the Committee on Rules, it shall be in be responsible, while giving fathers a order to consider as an original bill for the STOP PLAYING GOD IN THE free ride; 1 in 4 children presently live purpose of amendment under the five-minute MARKETPLACE in single-parent homes without strong rule the amendment in the nature of a sub- (Mr. WYNN asked and was given per- child support enforcement. Many of stitute printed in the report of the Com- mission to address the House for 1 these children will not have the sup- mittee on Rules accompanying this resolu- minute and to revise and extend his re- tion. That amendment in the nature of a port they need and deserve. We must do substitute shall be considered as read. Points marks.) everything possible to rectify this ter- of order against the amendment in the na- Mr. WYNN. Mr. Speaker, good morn- rible problem. ture of a substitute for failure to comply ing, I rise today to object to people f with clause 7 of rule XVI are waived. During playing God in the marketplace. consideration of the bill for amendment, the It is amazing to me that some of the THE FEDERAL RESERVE DID IT Chairman of the Committee of the Whole economists who claim to be such free AGAIN may accord priority in recognition on the basis of whether the Member offering an traders and such believers in the free (Ms. DELAURO asked and was given amendment has caused it to be printed in the marketplace would intervene in our permission to address the House for 1 economy a record seven times in the portion of the Congressional Record des- minute and to revise and extend her re- ignated for that purpose in clause 6 of rule past year. They have consistently in- marks.) XXIII. Amendments so printed shall be con- creased interest rates to the detriment Ms. DELAURO. Mr. Speaker, well, sidered as read. At the conclusion of consid- of the American consumer. they did it yesterday. The Federal Re- eration of the bill for amendment the Com- Now, while I understand that some serve secretly met to raise interest mittee shall rise and report the bill to the restraint and some interest rate in- rates, and in so doing raised the cost of House with such amendments as may have creases are in fact necessary, it seems living for every American family. been adopted. Any Member may demand a separate vote in the House on any amend- to me the Fed ought to at least wait Connecticut, my home State, has and see the effect of this last interest ment adopted in the Committee of the Whole just emerged from the recession, and to the bill or to the amendment in the na- rate increase. working people were just beginning to ture of a substitute made in order as original I can tell you about the effect of feel more confident again. But the Fed- text. The previous question shall be consid- their current rate increase: Variable eral Reserve dashed those hopeful feel- ered as ordered on the bill and amendments rate mortgages will increase. The con- ings, and they stole that sense of con- thereto to final passage without intervening sumer will be harmed. Credit card bal- fidence from the people that I rep- motion except one motion to recommit with ances will increase. The consumer will resent. The promise of an improving or without instructions. be harmed. Car purchases will become economy and all that means for work- The SPEAKER pro tempore (Mr. more expensive. The most thriving part ing families in this Nation has been HASTINGS of Washington). The gen- of the American economy will be jeop- dashed by the Federal Reserve’s action. tleman from Florida [Mr. GOSS] is rec- ardized. I meet with my constituents every ognized for 1 hour. Mr. Speaker, there are other consid- Saturday morning at supermarkets all Mr. GOSS. Mr. Speaker, for the pur- erations. We are down here talking over my district, and on many occa- pose of debate only, I yield the cus- about people ought to go to work. Well, sions they have asked me to stand in tomary 30 minutes to my respected the effect of the raise in the interest their shoes, to understand their pain, friend and colleague, the gentleman rates is that there will be less jobs for feel their hurt. from California [Mr. BEILENSON], pend- those on welfare and those we want to Well, today I pass that advice on to ing which I yield myself such time as I encourage to work. Allen Greenspan and the Federal Re- may consume. During consideration of We also say people ought to save serve. Come out of the secret meetings, this resolution, all time yielded is for more. There will be less saving because leave the hallowed boardrooms of Wall the purpose of debate only. of the higher interest rates. Street and visit the living rooms of Mr. Speaker, this historic 104th Con- I wish people would stop playing God West Haven and Hamden, CT. Take the gress has been in session for less than in the marketplace. challenge my constituents have given 1 calendar month, a period that in Con- f me. Walk in their shoes before you do gresses past saw little legislative this again. progress; lots of talk maybe, but very CHILD SUPPORT ENFORCEMENT little action unless you count travel. (Mr. FLAKE asked and was given f But with the brisk winds of change at permission to address the House for 1 LINE ITEM VETO ACT our backs and the unmistakable call minute and to revise and extend his re- Mr. GOSS. Mr. Speaker, by direction for fiscal discipline still ringing in our marks.) of the Committee on Rules, I call up ears from the American people we work Mr. FLAKE. Mr. Speaker, today it House Resolution 55 and ask for its im- for, we are on our way toward gives me pleasure to rise and voice my mediate consideration. fullfilling our Contract With America opinion on child support enforcement The Clerk read the resolution, as fol- and were moving a lot faster than the as it relates to the welfare reform. lows: other major event in this country, the Child support should be a centerpiece O.J. Simpson trial. We have already H. RES. 55 of any welfare reform measure which passed an historic balanced budget tends to assist welfare recipients in Resolved, That at any time after the adoption of this resolution the Speaker may, pur- amendment and landmark legislation breaking the chain of poverty and en- suant to clause 1(b) of rule XXIII, declare the to curb unfunded Federal mandates. tering into the work force. House resolved into the Committee of the Today we draw the third side of this In many instances child support Whole House on the state of the Union for powerful triangle of reforms to restore could be preventive welfare support. If consideration of the bill (H.R. 2) to give the fiscal sanity to this institution and to more noncustodial parents paid child President item veto authority over appro- our Government. The line-item veto support, some families could avoid wel- priation Acts and targeted tax benefits in proposed in H.R. 2 is a real line-item fare dependence altogether. revenue Acts. The first reading of the bill veto, with the type of teeth many of us A comprehensive child support provi- shall be dispensed with. General debate shall know are necessary to bring about be confined to the bill and shall not exceed sion is essential to resolving the wel- two hours, with one hour equally divided and greater fiscal discipline. It puts the fare crisis in this country. controlled by the chairman and ranking mi- emphasis on saving. It makes it harder Today almost 63 percent of absent nority member of the Committee on Govern- to spend taxpayers’ money. It increases parents contribute no child support to ment Reform and Oversight and one hour accountability and it forces the White

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1079 House and the Congress to work to- Member and our new committee lead- ‘‘We cannot diagnose what the problem gether on controlling the Federal budg- ership are generally hesitant to waive is.’’ et. standing rules, because of the con- So the veterans of Persian Gulf who have problems with their health, there b 1030 flicting advice from the Parliamentar- ian’s Office during the committee proc- is now a toll free number and certainly It is fitting that we consider the line- ess, important language was included they should call it. item veto under a wide open rule and in H.R. 2 to give the President the op- This assistance is in addition to the priority this is a wide open rule. This is a seri- tion to propose that savings from his health care VA already provides to Persian ous discussion about reining in Federal line-item veto be applied toward deficit Gulf veterans and the comprehensive re- spending, restoring accountability to reduction. search that is being conducted to find the the congressional budget process and While this language may technically causes of these undiagnosed illnesses. balancing the powers of the executive have been nongermane to the bill as I take great pride in being the author of the and legislative branches of Govern- written, I would think most Ameri- legislation we passed last year, which Presi- ment. This topic deserves the full ben- cans—and certainly most Members I dent Clinton signed last November. We must efit of the deliberative democratic hope—see the goal of cutting the def- do all we can to help our Persian Gulf vet- process our Founding Fathers envi- icit as highly germane to the subject of erans and all veterans who are sick or dis- sioned for this House. I am proud to line item veto. If we are going to take abled. offer my colleagues this wide open this step to give the President the au- Mr. BEILENSON. Mr. Speaker, I rule, one that allows any Member to be thority to cut or reduce spending—or yield myself such time as I may consume. heard on issues of concern. I would also targeted tax benefits—we should also Mr. Speaker, I thank the gentleman like to point out, Mr. Speaker, that we provide the option that the money be have not only created an open rule, an from Florida [Mr. GOSS] for yielding to saved rather than spent elsewhere. The me. open rule-plus, but we have several rule provides 2 hours of general debate, days of time for this issue to be de- Mr. Speaker, although we have very and then opens the bill to amendment serious concerns about the bill this bated on the floor, on the Calendar, under the 5-minute rule. We have in- and brought to some kind of a resolu- rule makes in order, we do support the cluded in this rule the encouragement rule itself. It is an open rule, as the tion. We have, I think, compared to for Members to have their amendments past attempts to discuss this issue, gentleman from Florida has well put it, pre-printed in the RECORD. This is not so all Members will have the oppor- gone way over the edge in terms of a requirement—but it is something all tunity to offer any amendment which scheduling latitude. We have 3 legisla- Members might want to consider doing. is in order under the standing rules of tive days in front of us compared to Even the distinguished Member from the House. really hours only in the past when we West Virginia [Mr. WISE], who has had Mr. Speaker, because the rule pro- debated this issue. And I point out that much experience in this House, I am vides for 2 hours of general debate, in those legislative days we also have a told found the need for a technical cor- there will be ample time to discuss the weekend which is available for work if rection to an amendment he wishes to ramifications of this legislation. necessary. offer through this voluntary pre-print- H.R. 2 is a very important piece of At this point I understand we have 31 ing process. So it is beneficial it simply legislation, and we appreciate the fact amendments out there which have been gives Members and the Parliamentary that this rule will give the House the filed under the option of prefiling, and experts alike a chance to review the chance to fully air the problems many no doubt we will be hearing other language, understand the implications of us have with it, and to debate alter- amendments under the 5-minute rule and run the traps on the technical pit- native versions and modifications. because we do have one very important falls. In my view, this type of rule However, I do want to restate for the issue on policy and a whole lot of other should be called an open-plus rule, be- membership the concerns that the gen- issues on precedents. cause it offers Members a mechanism tleman from Massachusetts [Mr. MOAK- This rule makes in order as base text to better prepare themselves for the LEY], and other Members and I raised for the purpose of amendment a sub- floor and the debate. This is a bonus to about the preprinting provision in the stitute that reflects the combined, bi- deliberative democracy, it is not a hin- rule at the Rules Committee meeting partisan work of the Committee on drance. I urge my colleagues to support yesterday. Government Reform and Oversight, this rule. This provision allows the Chairman Chairman CLINGER and the gentle- Mr. Speaker, I reserve the balance of of the Committee of the Whole to give woman from Illinois, Mrs. COLLINS, and my time. priority in recognition for the offering the fine work that they have been The SPEAKER pro tempore (Mr. of amendments to Members who have doing, and the Committee on Rules. HASTINGS of Washington). The gen- had those amendments printed in the I was pleased to hear the ranking tleman from California [Mr. BEILEN- CONGRESSIONAL RECORD before today. member of the Government Reform SON] is recognized for 30 minutes. Its purpose and a good one is to encour- Committee, Mrs. COLLINS, express her Mr. BEILENSON. Mr. Speaker, before age Members to give notice of their in- appreciation to Chairman CLINGER for I speak on the rule, I yield such time as tent to offer an amendment, without the fair treatment the minority re- he may consume to the gentleman actually requiring them to do so. ceived in his committee. I hope the mi- from Mississippi [Mr. MONTGOMERY]. A similar provision was included in nority members of the Rules Com- (By unanimous consent, Mr. MONT- the rule for H.R. 5, the Unfunded Man- mittee felt they too had a fair chance GOMERY was allowed to proceed out of date Reform Act. What we found dur- to be heard. The spirit of bipartisan- order.) ing consideration of that bill is that ship we have seen on this legislation— VA ACTIVATES HELP LINE FOR PERSIAN GULF the Chair tended to recognize the ma- even as some clearly do disagree on VETERANS jority floor leader and manager over how far a line-item veto should go—has Mr. MONTGOMERY. Mr. Speaker, I Members with preprinted amend- been particularly refreshing and gives am pleased to announce that today the ments—and that is certainly within me great hope. In the course of the Department of Veterans Affairs is acti- the Chair’s discretion, but it caused committee process, we consulted fre- vating a toll free Help Line for Persian some confusion among the member- quently with the Parliamentarian’s Of- Gulf veterans who are concerned about ship. fice for guidance about matters of ger- their health. The number is 1–800– In addition, Members offering amend- maneness, scope and jurisdiction and PGW–VETS. ments were not sure if they should pro- given the technical nature of some pro- Mr. Speaker, this Help Line will be ceed with amendments which were not visions, even the experts were not al- staffed from 7:30 in the morning until preprinted if there were still other ways in agreement on some of the proc- 8:30 at night. We also expect any day amendments pending which had been esses here. For that reason, this rule now the final regulations to be pub- preprinted. And, there was some uncer- does include a precautionary waiver for lished which will guide the VA in pay- tainty about whether Members would clause 7 of rule XVI, which prohibits ing compensation to Persian Gulf vet- be recognized at all if they had not had nongermane amendments. While this erans with chronic disabilities due to their amendments preprinted.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1080 CONGRESSIONAL RECORD — HOUSE February 2, 1995 The priority recognition provision, I controlled type of spending. Discre- portunity to choose a different form of think, adds unnecessary confusion and tionary spending is reviewed and ap- rescission—one that will be a very ef- complication to the amending process. proved each year, and is subject to fective mechanism for making further It is not always going to be feasible to strict spending caps. In fact, programs reductions in spending, without pro- have an open rule, but if we are going funded in this manner normally must viding for a dangerous and unwise to have what we call an open rule, we go through two processes in Congress: transfer of power to the executive would much prefer having an old- authorization and appropriation. branch. That is the expedited rescis- fashioned, unfettered open rule. Discretionary spending has been de- sion proposal that will be offered by I might add that we also hope that clining both as a percentage of the Messrs. WISE, STENHOLM, and SPRATT. there is no effort at any point during total Federal budget, and as a percent- The Wise-Stenholm-Spratt proposal consideration of H.R. 2 to limit debate age of GDP, for the last several years. would permit the President to propose time on any of the amendments Mem- Additional controls on this area of the to rescind all or part of any discre- bers wish to offer. budget will not accomplish much, if tionary spending, or to repeal any tar- I know that that is the intention of anything, in the way of deficit reduc- geted tax provision, passed by Con- our friends in the majority, but we ex- tion. gress. The critical difference between In fact, our efforts to institute addi- press that hope nonetheless. this proposal and H.R. 2 is that a re- tional mechanisms to control appro- Mr. Chairman, I would like to take scission or repeal could only be enacted priated spending have distracted us just a few moments to highlight the by approval of both Houses of Congress. from dealing with the area of the budg- concerns that many of us have about Thus it maintains Congress’ constitu- et which has been growing at a rapid the bill that this rule would make in tionally mandated power of the purse, rate, and is far more in need of addi- order. and avoids transferring an unwar- tional control than, of course, is enti- While we all agree that reducing Fed- ranted amount of power to the Presi- tlement programs. Programs com- eral budget deficits is one of the most dent. At the appropriate time, I strong- prising this type of spending do not re- important tasks facing the Nation, and ly urge Members to support this alter- that Congress and the President should quire annual—or even periodic—approval, and are not subject to spending native to H.R. 2 as reported. have the necessary tools to accomplish Mr. Speaker, once again, I want to that task, many of us do not believe caps. Providing new rescission authority express my support for this open rule, that H.R. 2, as reported from the Rules for discretionary spending, but not for and urge my colleagues to support it. Committee and the Government Re- entitlements or other types of non-ap- Mr. GOSS. Mr. Speaker, I yield such form and Oversight Committee, de- propriated spending, will further dis- time as he may consume to the gen- serves the support of the House. tort the budget process so far as con- tleman from New York [Mr. SOLOMON], Under H.R. 2, the President’s pro- trol of different types of spending is the distinguished chairman of the Com- posed rescissions or targeted tax ben- concerned. If our goal is truly to estab- mittee on Rules. efit repeals would automatically take lish more safeguards against increases (Mr. SOLOMON asked and was given effect unless the Congress specifically in spending, we ought to be looking at permission to revise and extend his re- passes a resolution disapproving those ways to establish more controls for the marks.) proposals. Even if Congress overturned 63 or 64 percent of our spending that is Mr. SOLOMON. Mr. Speaker, the pre- the President’s action the President not subject to the annual appropria- vious speaker, who I have great respect could then veto the disapproval which, tions process. for, a good friend, has inferred that in turn, would have to be overridden by In addition, discretionary spending is this line item veto only affects one- two-thirds of both Houses of Congress. an area of the budget where Presidents third of the Federal budget; in other Thus, the President would be empow- have wanted more spending than Con- words, discretionary spending. He is ered to cancel any spending or tax ben- gress has approved. According to the right, one-third of the Federal budget, efits with the support of only a minor- Office of Management and Budget, and how much is that? It is not just ity of the Members of either House. A from fiscal year 1982 to fiscal year 1993, $500,000. It is not just $5 million. It is one-third plus one minority working Congress has appropriated $59 billion $500 billion; that is one-third of the with the President would thus control less than the Presidents during those Federal budget. Where I come from, as spending. 10 or 11 years. In addition, over the last my colleagues know, that is a heck of This procedure would result in a dra- 20 years, Congress has rescinded $20 bil- a lot money. matic—and possibly unconstitutional— lion more than the Presidents have re- The gentleman from California [Mr. shift in responsibility and power from quested in rescissions. BEILENSON] is somewhat critical of a the legislative branch to the executive If those patterns continue, and the preprinting suggestion, and yet a very branch. This broad shift of power could President is given greater leverage in prominent Democrat from his side of easily lead to abuses. The President the appropriations process. it is likely the aisle filed an amendment so that he could target the rescissions against that he will or she will use the rescis- would have priority in offering his particular legislators, or against par- sion process—the new line-item veto amendment. Lo and behold, the Parlia- ticular regions of the country, or authority—as a threat to secure appro- mentarian found a flaw in that amend- against the judicial branch e.g. This priations for programs that the Presi- power could be used to force the Con- dent wants enacted, rather than to re- ment, and it is a very significant gress to pay for a pet Presidential duce total spending. amendment which should be debated on project, or to agree to a policy that is Mr. Speaker, the other type of spend- the floor, but because of preprinting he completely unrelated to budgetary ing H.R. 2 covers is targeted tax bene- was able to correct the flaw and prefile matters. fits. However, the bill’s narrow defini- another amendment. So it benefited Furthermore, we would be transfer- tion of ‘‘targeted tax benefit’’ ensures him, a Democrat from the gentleman’s ring this immense amount of power to that little will be achieved in the way side of the aisle, and that is the reason the President with little reason to be- of deficit reduction by that provision. we did this. lieve that it would have much of an ef- The vast majority of tax breaks—worth Now let me just get back to the bill fect on the Federal budget deficit. hundreds of billions of dollars—would for a minute. As my colleagues know, This new line-item veto would be remain immune from the President’s Mr. Speaker, this is just one of the used primarily for discretionary spend- power to repeal. However, we can rec- proudest days of my life since this is ing—spending which is appropriated tify that matter by expanding the defi- the first time this House has ever con- annually. nition of targeted tax benefit by adopt- sidered a reported bill on the line item ing the amendment that will be offered veto. Oh, we have had plenty of votes b 1040 by the gentlewoman from New York before on this proposal, but always as However, discretionary spending, as [Ms. SLAUGHTER] and the gentleman an amendment to another approach, a Members well know, which accounts from Wisconsin [Mr. BARRETT]. watered-down version which always for just over one-third of the Federal Most importantly, during consider- was opposed by the majority leader- budget, is already the most tightly ation of this bill, we will have the op- ship. In other words, in the past the

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1081 leadership on the Democrat side has al- former Governor named Mario Cuomo, Mr. Speaker, I ask the Members to ways put forth a bill which was a wa- who left a $4 billion deficit in that please support this rule. tered-down version, and that meant State. But, Mr. Speaker, more than Mr. BEILENSON. Mr. Speaker, we that those of us that believe in a real just saying that, I proved it by offering have always known that our friend, the line item veto then had to fight to offer this true line item veto twice in the gentleman from New York [Mr. SOL- an amendment to strengthen it. And I last two Congresses under Mr. Clin- OMON], was a man of principle and in- say, ‘‘That puts you at a tremendous ton’s presidency. I only wish Mr. Clin- tegrity. He has proved it again by sup- disadvantage.’’ ton had supported me then as he is porting this bill to give a Democratic This time we do not have that prob- doing here today. We only lost that President this kind of power. lem. Now the real line item veto is on vote by a few votes both of those times; For purposes of debate only, Mr. the table, and it is up to those in oppo- seven votes the last time, and it is Speaker, I yield 3 minutes to the gen- sition, the big spenders, to try to water going to be different this year. tlewoman from North Carolina [Mrs. it down. But we are not going to let I remember my hero, Ronald Reagan, CLAYTON]. that happen. pushing for the line-item veto for 8 Mrs. CLAYTON. Mr. Speaker, I I am proud to say that this bill has straight years and getting absolutely thank my colleague, the gentleman been properly reported by two commit- nowhere. Back in 1986, in an address to from California [Mr. BEILENSON], for tees of this House, one of which I have the Nation President Reagan said, and yielding this time to me. the privilege of chairing. Moreover, it I quote: Mr. Speaker, like my colleagues on has the full support of the majority No other single piece of legislation would both sides of the aisle, I rise in support leadership. In fact, this is one of the so quickly and effectively put order back of this wide open rule on the line-item major promises made in our Contract into our budget process. All that it would veto. With America which was authored by mean is that the President could selectively I want the Speaker to note that this our current majority leadership, the sign or veto individual spending items so rule for the line-item veto is wide open that he wouldn’t have to take the fat along today. And I bet it will be wide open Speaker and the majority leader. And I with the meat. am sure the American people are tomorrow. But on Monday, it is any- pleased to see that we are keeping our b 1050 body’s guess. The distinguished chair- promises in that contract, especially No, the line-item veto is not a meat man of the Rules Committee has said on this line item veto bill which has al- ax, as some would have us believe. In- that the rule will stay open unless he ways enjoyed the support of 70 percent stead, it is a precision knife for doing decides to close it. That is what wor- of the American people, 70 percent. just what President Reagan said it ries me. I am also pleased that we were able would do—separate the fat from the A bill that is open 2 days and closed to bring this to this floor under a com- meat. on the third is not an open rule. A rule pletely open rule allowing all Members, That is why the American people that does not allow Members of Con- be they Democrats or Republicans, be support this overwhelmingly, because gress to make amendments to a bill is they liberals or conservatives; they are they are fed up with pork-barrel spend- closed. going to have the opportunity to paring by this Congress. Mr. Speaker, in addition to being ticipate and work their will on the Mr. Speaker, I am not under any de- wide open, today’s rule on the line- floor of this House, and that is the way lusion that this is some kind of a pan- item veto contains an interesting con- it should be. acea for deficit reduction. It is not. But dition that we have seen once before. It This bill does enjoy bipartisan sup- it can make a significant difference in suggests—but does not require— port in this Congress and by the admin- our spending habits and our deficit sit- preprinted amendments in the CON- istration. One of the leaders on the uation. And gosh knows, we need it. I GRESSIONAL RECORD. Democrat side of the aisle, the gen- think one of the greatest benefits will Mr. Speaker, I have been a Member of tleman from Mississippi [Mr. PARKER], be the deterrent effect by discouraging this House for only one term and this has fought long and hard to have a real us from slipping pork into our appro- is my third year, but I can tell you line item veto enacted into law. priation bills in the first place. right now we do not need a rule to tell We have already seen the delibera- I understand the concerns of those Members they can print amendments tive process at work in the two com- who feel the line-item veto shifts too in the RECORD. The rules of the House mittees of jurisdiction. Amendments much authority to the President, and take care of that for us. We only need have been offered and adopted to that it might somehow be abused or a rule if they must print amendments strengthen and improve this bill, and I used for partisan or political purposes. in the RECORD. am sure that will continue to happen I just happen to disagree with both of I have been told this is for conven- on this floor. That is what deliberative those arguments. I guess I have enough ience sake but it is unnecessary. democracy is all about. confidence in any President, regardless And, in addition to being unneces- Mr. Speaker, a few years ago, when of political party, to use this new tool sary, the preprint-if-you-want condi- we first started pushing for the legisla- selectively and judiciously. No Presi- tion is confusing. tive line item veto, there were a few dent in his right mind would want to During debate on the unfunded man- doubting Democrats who said, create a major confrontation with the dates bill, which also had a preprint-if- Solomon, it’s easy for you to support the entire Congress by grossly abusing this you-want condition, the Chair recog- line item veto when your party controls the authority. Even if a President were nized the majority floor manager be- White House, but we bet you you won’t be so tempted to overstep the bounds of pro- fore it recognized Members who had gung ho for it if we have a Democrat Presi- priety, he would surely realize Con- their amendments preprinted. dent. gress would find ways to retaliate. And So, if preprinting does not get you Well, here we are. We get a Demo- we know we can do that. It would be a recognized any earlier, and if this is cratic President, and here is SOLOMON no-win situation for any President. truly a wide open rule, I would like to up here fighting for the same line item In conclusion, Mr. Speaker, I urge suggest to the Republicans that we dis- veto for that Democrat President. I the Members to support this com- pense with this condition and do an think this is something that a chief ex- pletely open rule for the line-item veto open rule the way they used to define ecutive in government, regardless of that it makes in order. We have an his- them. political party, should have, just as 43 toric opportunity this week to really But, even if we do not, a strange open Governors of States have it, one of do something for the American people. rule is better than no open rule, and I them being Governor Tommy Thomp- If we pass this and it becomes a stat- support the open rule. son of Wisconsin who has done a tre- ute, a law, coupled with the balanced Mr. SOLOMON. Mr. Speaker, will my mendous job of putting that State’s fis- budget amendment, we are going to friend, the gentlewoman from North cal house in order. In New York State turn around this sea of red ink which is Carolina, yield? we now have a Republican Governor, literally ruining this country. For your Mrs. CLAYTON. Yes, I am glad to and he is now going to have that oppor- children and my grandchildren alike, yield to the gentleman from New tunity which was never exercised by a we have got to do something about it. York.–

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1082 CONGRESSIONAL RECORD — HOUSE February 2, 1995 Mr. SOLOMON. Mr. Speaker, I would can reduce time-consuming discussion third plus one of the Congress would just say this to the gentlewoman: She on overlapping amendments and have have the power to uphold a rescission. said that the chairman of the Rules more meaningful informed debate. This allows spending decisions by the Committee, that being me, has said he With all due respect to my friend, the minority. For this reason, I have will close down this rule. That is not gentlewoman from North Carolina, this strong doubts of the bill’s constitu- true. makes an overall better legislative tionality. The gentlewoman should understand process. What is particularly troublesome is that on an open rule, only by a major- Supporting this rule, Mr. Speaker, that if we guess wrong, and regret this ity action of the House could we close will mean full debate on bipartisan leg- ceding of power to the President, it down this rule, and I think that is the islation specifically designed to help will probably be impossible to ever re- fair way to go about it. That is why we restore fiscal discipline to the budget verse our decision. A Presidential veto in the Rules Committee put out an process. would be certain. open rule, and now, if there are dila- H.R. 2 will help Congress and the ex- On this point, I would note that in tory tactics or stalling tactics—and I ecutive branch identify and remove un- testimony before the Senate Judiciary do not think there will be; I have necessary and wasteful spending with- Committee last week, Assistant Attor- looked at the amendments, and I have out unduly tying the hands of either ney General Walter Dellenger chal- a lot of faith in the other side of the branch of Government. Of all the issues lenged the constitutionality of H.R. 2. aisle that they are going to be sincere raised during the most recent elec- Let me read briefly from his statement about it—but should that happen and tions, I believe the American people in which he refers to the authority should it be necessary to close down were most concerned about Federal H.R. 2 gives the President over tar- the debate, it would take an action by spending and the need to avoid sad- geted tax benefits. this House, not by me saying so, but by dling future generations of Americans It does so by purporting to authorize the a majority of the Members of the with an increasingly large debt burden. President to ‘‘veto’’ targeted tax benefits House. I just wanted to point that out Last week we passed a constitutional after they become law, thus resulting in to the gentlewoman. balanced budget amendment to respond their repeal * * * The use of the term ‘‘veto’’ Mrs. CLAYTON. Mr. Speaker, there to those concerns. Today under this and ‘‘repeal’’ is constitutionally problem- is a slight difference, but with the gen- open process we will consider adding atic. Article I, clause 7 of the Constitution yet another weapon in the fight provides that the President only can exercise tleman’s leadership, I gather. Is that his ‘‘veto’’ power before a provision becomes what the gentleman is saying? against wasteful government spending. law. As for the word ‘‘repeal’’, it suggest that Mr. GOSS. Mr. Speaker, may I in- Public opinion strongly supports the the President is being given authorization to quire as to how much time remains on line-item veto. Forty-three of the Na- change existing law on his own. This argu- either side? tion’s Governors hold the line-item ably would violate the plain textual provi- The SPEAKER pro tempore (Mr. veto, and just last week President Clin- sions of Article I, clause 7 of the Constitu- HASTINGS of Washington). The gen- ton stood in this very Chamber and tion, governing the manner in which federal tleman from Florida [Mr. GOSS] has 17 asked the Congress to give him that laws are to be made and altered. minutes remaining, and the gentleman authority. We have an alternative to this bill from California [Mr. BEILENSON] has 19 Mr. Speaker, I urge my colleagues to that will be offered as a substitute by minutes remaining. support this rule. Congressman WISE, Congressman The Chair recognizes the gentleman Mr. BEILENSON. Mr. Speaker, for SPRATT, and Congressman STENHOLM. from Florida [Mr. GOSS]. purposes of debate only, I yield 5 min- The substitute would require Congress Mr. GOSS. Mr. Speaker, I yield 2 utes to the distinguished gentlewoman to vote on a Presidential rescission re- minutes to our colleague, the distin- from Illinois [Mrs. COLLINS] quest. guished gentlewoman from Ohio [Ms. Mrs. COLLINS of Illinois. Mr. Speak- The Wise-Spratt-Stenholm substitute PRYCE], a valued member of the Com- er, I support this open rule for H.R. 2, is on far sounder constitutional mittee on Rules. but I oppose the bill. At the outset I grounds that the provisions of H.R. 2. Ms. PRYCE. Mr. Speaker, I thank the would like to address a point raised at The substitute does not tamper with gentleman from Florida [Mr. GOSS]. our committee markup. The statement the constitutional authority of Con- Mr. Speaker, another important was made that the line-item veto is a gress to tax and appropriate revenues. plank in the Republican Contract With bipartisan issue. That is true. The If Congress does not approve the Presi- America, the line-item veto, comes to President, like his Republican prede- dent’s rescission, the rescission would the floor of the House today under a cessors, supports it. Republican and not take effect. wide open rule, allowing any Member Democratic Members supported it in I strongly urge Members to support of this body to offer a germane amend- various forms. this amendment. It makes it possible ment. Even so, I do not believe we should for Congress to carry out its respon- This is the third contract item to hit decide this issue on the basis of which sibilities under the Constitution. the floor since the 104th Congress party is in control of the Congress or b 1100 began just 4 weeks ago, following on the White House. I have consistently the heels of the balanced budget opposed this proposal regardless of Mr. GOSS. Mr. Speaker, I yield 1 amendment and the Unfunded Mandate which party controlled the White minute to the gentleman from Michi- Reform Act. House. gan [Mr. CAMP]. As in the case of the mandate relief The approximately 600,000 constitu- (By unanimous consent, Mr. CAMP bill, this open rule gives priority rec- ents of the Seventh District of Illinois, was allowed to proceed out of order.) ognition to Members who have pub- which I represent, expect their elected U.S. TERM LIMITS ORGANIZATION RUNNING lished their amendments in the CON- Representative to do the job to which I NEGATIVE ATTACK ADS GRESSIONAL RECORD. I would emphasize was elected. The power of the purse is Mr. CAMP. Mr. Speaker, I stand here that this is not a preprinting require- granted to the Congress, not the Presi- disgusted. Since being elected to Con- ment. As has been mentioned already, dent. gress I have supported term limits. printing of amendments in the RECORD Currently, the President can veto When this body votes on term limit is purely optional. Members who do not legislation, but the Congress can over- legislation in the weeks ahead, I will be preprint amendments will not be pro- ride. This legislation turns the Con- a vocal proponent of any legislation hibited from offering their proposals, stitution on its head. It effectively lets that limits terms. My record is clear, but many of us who serve on the Rules the President write the legislation. consistent, and unwavering. Committee encourage Members to ex- Under the procedures of this bill, a Today, at the threshold of finally ercise this option in the future, not Presidential rescission is effective, un- passing term limit legislation, a cer- only to receive priority recognition less Congress passes a resolution to tain organization called U.S. Term but, more importantly, to inform our override. That resolution is subject to Limits, perhaps because they now face colleagues in advance of amendments a veto, which requires two-thirds of obscurity if this body passes term lim- that are likely to be offered so that we Congress to override. Thus, just one- its, has chosen to run negative and

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1083 misleading television attack ads Many people have been saying to me Florida [Mr. GOSS] for the work he did against me and other term limit sup- over the past several days, as there was in committee on this bill. As originally porters. a high level of frustration during the drafted, H.R. 2 did not contain a mech- This organization, which has been open amendment process on the un- anism with an established time frame subject to allegations of fraudulent pe- funded mandates legislation, that we to ensure that a disapproval bill could tition gathering, is not aiming their should simply ram through our pro- actually make it to the House floor for guns at opponents of term limits, but posals, as though no one cares whether a vote. This concern was raised by both instead waging a war against their sup- or not it is done under an open amend- sides of the aisle, and the gentleman porters. ment process. successfully drafted language that ad- Mr. Speaker, it pains me to realize I will acknowledge the work that dresses this concern. that this organization, which has been goes on up on the third floor does not Congress has repeatedly shown itself parading as supporting term limits, is often go recognized, but I believe we unwilling and unable to control spend- nothing but a guardian of the status can in fact proceed with an open proc- ing, pork-barrel spending. The line- quo and committed to business as ess for debate on a wide range of legis- item veto is a step in the right direc- usual. They have stated publicly they lation, and this is just one example of tion, to eliminate unnecessary and will oppose 12-year term limit legisla- that. tion that comes to the House floor for Mr. BEILENSON. Mr. Speaker, we wasteful government spending. final passage. I guess their jobs are have no further requests for time at Mr. Speaker, I urge my colleagues to more important than their goal. this time, and I reserve the balance of support this rule and the line-item Ms. PRYCE. Mr. Speaker will the our time. veto. gentleman yield? Mr. GOSS. Mr. Speaker, it is my Mr. BEILENSON. Mr. Speaker, for Mr. CAMP. I yield to the gentle- 1 pleasure to yield 2 ⁄2 minutes to the dis- purposes of debate only, I yield 6 min- woman from Ohio. tinguished gentlewoman from Utah utes to the gentleman from Missouri Ms. PRYCE. Mr. Speaker, I would [Mrs. WALDHOLTZ], a new member of [Mr. VOLKMER]. like to associate myself with the re- the committee. marks of the gentleman from Michigan Mrs. WALDHOLTZ. Mr. Speaker, as a (Mr. VOLKMER asked and was given and congratulate him on his strong cosponsor of H.R. 2, I rise in strong permission to revise and extend his re- statement. support of this open rule and of this marks.) Mr. GOSS. Mr. Speaker, I yield 2 legislation. Mr. VOLKMER. Mr. Speaker, I thank minutes to the distinguished vice The line-item veto is a proven suc- the gentleman for yielding. chairman of the Committee on Rules, cess. The Governors of 43 States have Mr. Speaker, I wish to commend the the gentleman from greater San some form of line-item veto authority, gentleman from California and also the Dimas, CA [Mr. DREIER]. including Mike Leavitt in my home (Mr. DREIER asked and was given State of Utah. gentleman from New York and the permission to revise and extend his re- This Nation needs the same kind of other gentleman from the Committee marks.) benefits that Utahans enjoy. We need on Rules for giving us an open rule on Mr. DREIER. Mr. Speaker, I thank to stop the kind of spending that bene- this very important piece of legisla- my friend from Sanibel for yielding me fits the favored few at the expense of tion. this time so generously, the distin- the average taxpayer. For more than As one who has supported a line-item guished chairman of the Legislative two decades, Americans have strongly veto for many years, I am not a John- Process Subcommittee. supported a line-item veto. It is time ny-come-lately, and many of us are Mr. Speaker, needless to say, like all that we listen to the people and enact not, we who have worked on this legis- of us I rise in support of this very, very this legislation. lation. But some of us who have been open rule. Now, this is not a partisan issue. I students of history, and love our Con- I heard from the other side a Member think it is important to note that at a stitution and believe in a balance of state that we needed to have an oldtime when we have a Democrat in the power between the executive branch, fashioned, unfettered rule. Well, the White House, it is a Republican-con- the legislative branch, and the judicial fact of the matter is, Mr. Speaker, trolled Congress that will finally give branch, do not feel that we should give nothing could be more unfettered than the President a line-item veto. to the executive branch an inordinate providing the option for Members to in This issue transcends party lines amount of power as far as spending pri- fact put their ideas in the CONGRES- simply because it is not a party issue. orities are concerned, and that is basi- SIONAL RECORD, and then allow possibly It is a people issue. For too long Con- cally what the base bill by the Repub- second-degree amendments to come gress has failed to bring spending under lican Party does. forward, as we did yesterday with the control and in doing so it has failed the Dreier-Moakley compromise when we American people. Time and again Con- It gives to whoever is in that execu- were dealing with the unfunded man- gress manages to circumvent the few tive branch—and I have a Democratic dates legislation. budgetary restraints it sets for itself, President at this time, and I strongly This clearly is the kind of example of and the people are fed up. They are object to giving our President, whether a rule that will allow Members to par- tired of picking up the tab for unjusti- he be Democrat or Republican, that ticipate and involve themselves in the fied spending. power—that power over the purse that process, even before we come to the Some have said this alters the bal- I think distorts what our Founding Fa- floor with legislation. ance of power between the executive thers did in our Constitution. I believe that this can also be an ex- and the legislative branches. But this ample for a bipartisan spirit, which is line-item veto does not allow the Presi- b 1110 going to be very important for us in dent to substitute his spending prior- Our Founding Fathers gave us a pro- the Committee on Rules to proceed ities for Congress. The President can- cedure, gave us the way to keep the with. It is a new day. As the gentleman not spend more money, and he cannot balance of power between the three from Florida [Mr. GOSS] said, we are use the funds he cuts to fund other pro- branches of Government. This line- just at the end of the first month of the grams he would like to spend the item veto, as proposed in the base bill, 104th Congress, and we have had some money on. He can only help us save would give the President of the United tremendous legislative accomplish- taxpayers’ money. ments. And I believe that moving As we struggle to balance the budget States, one person, one-third of the ahead with item-veto authority for the and work to control excessive spending House or one-third of the Senate plus President of the United States is an- of the last few decades, it is crucial one, one of each, either one, the power, other very clear and strong example of that we have every fiscal tool at our the power over the purse strings in set- that. Doing it under a wide-open disposal, and the line-item veto is one ting priorities of this Congress. amendment process is a very good of those tools. All I ask anybody to do is to go back thing, not only for this institution, but Let me take a moment to commend a few years to the 1980’s. We have heard for the country. my colleague, the gentleman from on this floor before, in 1 minutes and

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1084 CONGRESSIONAL RECORD — HOUSE February 2, 1995 others, talk about the Reagan years that is going to allow us to discuss for a duly elected Congress, and the Con- and how great the Reagan years and 3 days the line-item veto. Last year I gress has not challenged it. how this revolution was started in the can remember what we got allowed to I believe on the eve here, in the wake Reagan years. us by the other side, a total of 3 hours. of this Mexican bailout, that the Con- I want every one of my colleagues to We get 3 days now. That is the dif- gress of the United States should go to go back and look at the Reagan budg- ference. That is the beauty of this rule. court and attempt to enjoin this White ets submitted by that President and So I commend the chairman of the House from proceeding and get a deter- the spending priorities in those budg- Committee on Rules, and I commend mination in the courts as to whether or ets. I would not have very many people the committee on both sides of the not the people rule in America or the anymore in my district in rural Mis- aisle for allowing this kind of rule so White House becomes the autocratic souri. I would not have towns that now that we can have the discussions that ruler around here. have running water, now have sewer are necessary. And I would not be the one making systems. I would not have a lot of chil- Second of all, let us talk about the dren who have got an education at the this statement. That should be coming merits of the line-item veto. Take a from the Speaker and the leaders of the University of Missouri or Kirksville or look at the defense budget. No Presi- in Marysville or any of these other Congress who passively turned their dent in the history of this country has backs. places because, if we look at those been allowed, because of the defense Now, I want to talk business about budgets, we would have found that that necessary for this country, to veto the line-item veto. I want my colleagues to President’s spending priorities, those defense budget. So what happens, that imagine this little political science spending priorities of that President is the obvious place to put in pork, to scenario: 1993 budget of President Clin- were to eliminate or drastically cut tuck it away. The Congressional Re- ton, I was one of the 40-plus Democrats many of the programs that were bene- search Service estimates that $50 bil- to oppose that budget. I disagreed with ficial. lion worth of nondefense-related appro- the raising of taxes with no accom- They are not pork. But he could have priations have been stuffed into the de- panying move to mitigate our trade very easily have zeroed them out, after fense budget because no President problems and our bankruptcy. And I we appropriated them, because we de- would dare veto that appropriation. stood strong in meetings at the White cided in the Congress, no, we are not Now with the line-item veto, that game House, and the President and I had a going to do that. We are not going to is over, folks. relegate many of our youngsters to a Let us give it to the President, very good exchange in the cabinet high school education and that is all. whether the President is Democrat or room about it. We are not going to tell the American Republican, let us stop the games. Let When it came to the floor, I spoke public that they do not need good clean us get into budget management. out against that budget. I did not know water to drink, that they can continue Finally, in regards to the comment that I would be the only Democrat who to do like their forefathers do and haul that this is not a balance of power would have spoken out. I guess Demo- it in because they do not need running when we allow the President to have a crats bit their tongue. And while some water; they do not need a water tower line-item veto, as the Republican bill of them may laugh about this, while and a water system, they do not need does. Of course, it is a balance of Democrats bit their tongue, Repub- that. We cannot spend our money for power. The veto is a basic part of our licans are the majority. that. Constitution. It is a basic part of the I want Members to imagine a meet- Those were the priorities, if Members procedure. And there is a balance in ing with the line-item veto authority will look at that budget, they will find there in that it can be overridden with in the cabinet room. The President those priorities. That is what scared some of us to two thirds. It is not different than any says to the Vice President, ‘‘AL, I see death, when they started talking about other veto. where TRAFICANT got an expansion for giving that President that one Presi- I strongly support the Republican x-ray equipment for that veterans out- dent, any President, and one-third of version. Again, I commend the chair- patient clinic.’’ the House or one-third of the Senate man of the Committee on Rules for al- ‘‘Yes sir, Mr. President. Look, I am plus one the power over the purse. lowing us 3 days of debate on the line- not going to take his side, but his con- For that reason, I strongly object and item veto. No more ‘‘three hours and stituents have to drive to Cleveland for will oppose and will strongly vote you’re out.’’ an x-ray.’’ Mr. BEILENSON. Mr. Speaker, for against the proposal for the line-item ‘‘AL, I see where there’s five bridges veto on that side. purposes of debate only, I yield 6 min- in that highway bill.’’ utes to the gentleman from Ohio [Mr. However, on the other side, I will ‘‘Mr. President, those bridges are strongly support, strongly support the TRAFICANT]. (Mr. TRAFICANT asked and was condemned that community has so Wise-Stenholm-Spratt provision that many problems.’’ says a majority, a majority decides given permission to revise and extend along with the President. his remarks.) ‘‘AL, I see where there is some expan- I believe in majority rule. I believe Mr. TRAFICANT. Mr. Speaker, I op- sion at that air base and there are cuts this country was based and had been pose the line-item veto. Very simple, all around America.’’ based on 200 years on majority rule. the presidency has become so powerful ‘‘Mr. President, that’s cost-effective. And, therefore, I appreciate the Com- that the President can bail our Mexico They have the greatest airport in the mittee on Rules permitting us to offer and Congress does not even question it. country, and they have no passengers the Spratt-Stenholm-Wise provision From what I understand, the congres- because of the near proximity of Cleve- that I think would continue the bal- sional leaders on both sides of the aisle land and Pittsburgh.’’ ance of power between the executive nodded their heads and said, go ahead, and the legislative and the judicial Mr. President, under some sort of exec- b 1120 branches. utive authority that you may have, go Mr. GOSS. Mr. Speaker, I yield 2 ahead and enact a program that 80 per- ‘‘AL, let me ask you something. minutes to the distinguished gen- cent of the American people oppose and Maybe it’s time that we get a reck- tleman from Colorado [Mr. McInnis], could not pass through the Congress. oning here, AL. Maybe it’s time we get also a member of the Committee on Now, I am not knocking President TRAFICANT’s attention. TRAFICANT Rules. We are glad to have the gen- Clinton. I am talking about the presi- wants that bridge. You tell him next tleman aboard. dency and the separation of powers, le- year we’ll talk a little better on that Mr. MCINNIS. Mr. Speaker, I also ex- gitimate separation of powers. tax vote. press appreciation to the gentleman I have seen over the years the Con- ‘‘His people need those veteran out- from Florida for allowing me to speak gress of the United States, their au- patient services, I can understand it, this morning for a couple of minutes. thority usurped by Presidents who are but you tell TRAFICANT, we’ll talk First of all, this is exciting. This is making decisions, clearly within the about them next year after that vote very refreshing. We have got a rule now constitutional province of the people to on Mexico.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1085 ‘‘And then you let TRAFICANT go I commend the gentleman from New which are not necessary to up the ma- through the Congress where he’s going York [Mr. SOLOMON], the chairman and jority’s batting average, and what hap- to protect everybody else’s bridges and the entire Committee on Rules for giv- pens? It is wasted because they are try and override that, AL.’’ ing us a rule which not only gives the thrown in the garbage. I am not saying the President is House extended debate but also allows Mr. GOSS. Mr. Speaker, I yield 11⁄2 going to do that, but you, Congress, the consideration of all amendments by minutes to the distinguished gen- will empower the President to have a Members of this body. tleman from New York [Mr. SOLOMON], meeting just like that in the dark I hope that the Members vote in the chairman of the committee. rooms of the White House. favor of this open rule so that we can I am opposed to transferring any get on with this debate on the real line Mr. SOLOMON. I will try not to use more of the people’s power to the presi- item veto. I urge Members to support the whole minute and a half. dency. Nothing to do with Bill Clinton. the Clinger bill. Mr. Speaker, let me just say to the You are not transferring power, Con- Mr. BEILENSON. Mr. Speaker, for gentleman from Wisconsin, he ought to gress. You are transferring the power purposes of debate only, I yield 3 min- be careful about using terms like of the people. In American the people utes to the gentleman from Wisconsin ‘‘phony symbolism.’’ I think people on are supposed to govern. Where did we [Mr. KLECZKA]. both sides are sincere in this body. change that? Mr. KLECZKA. Mr. Speaker, I also We have evolved to a situation where support the rule and will be supporting Let me just say this. This is not just the agencies of the government pass line item veto authority for the Presi- a birthday present for Ronald Reagan. regulations that waive the Constitu- dent. I come from Wisconsin. It has It is a birthday present for the Amer- tion. Look at the IRS. Now it has got- been in our Constitution for years. ican people. They want this and they ten to the point where a President real- Even though the current Governor is want it badly. izing he cannot pass a piece of legisla- now abusing that power, I think it is Second, we have got a contract to tion that he supports, namely a bill out one which Governors should have and abide by. We have had as little as 40 of Mexico, sidesteps the Congress and Presidents should have. But I am a lit- minutes debate on this subject in the in fact says, ‘‘For the betterment of tle concerned over this rule. past. Last year, just 3 hours and 10 America, I’m going to go beyond the I am told it is an open rule, but it is minutes. This time it is going to be 3 authority of the people’s Congress and an open rule if, and the ‘‘if’’ is, if we do days. I do not think we should be criti- enact this.’’ not finish by Monday night and wrap cized for that. I think that is being The Republican majority wants to this and give it as a birthday present more than open and fair. empower the President to be able to to President Reagan, then we are going Mr. GOSS. Mr. Speaker, I yield 2 reach into the people’s budget and to close it. I am saying that is kind of minutes to the gentleman from Wash- strike out issues called line item to phony symbolism. I do not know. We ington [Mr. NETHERCUTT]. stop pork. could be done before Monday or early In closing, let me say this. One of Monday on this proposition, but what I (Mr. NETHERCUTT asked and was George Bush’s last budgets, he asked am told and what the rumor mill given permission to revise and extend for a balanced budget amendment to around here is that it is open but we his remarks.) the Constitution and a line-item veto, cannot go past Monday night because Mr. NETHERCUTT. Mr. Speaker, I and I am not putting President Bush then we go past President Reagan’s thank the gentleman from Florida for down, but while he asked for a line- birthday. yielding me the time. item veto to stop pork and he asked for I am saying if in fact that is how we Mr. Speaker, I rise today in strong a balanced budget amendment—that are going to legislate with that type of support of the rule to accompany H.R. evidently does not work in D.C., I phony symbolism, then what bill do we 2, the Line-Item Veto Act. might add—George Bush asked for a pass on President Ford’s wedding anni- record amount of new spending without versary? Have you selected that yet? Today, we take up the third plank of revenue, $322 billion. And if amendments are pending, do we the Contract With America, having George Bush is not here any longer. I have to stop talking? passed overwhelmingly the balanced do not want to give Franklin Delano How about President Nixon’s con- budget amendment and a bill to curb Roosevelt, if I were in those days, firmation date? I am assuming there is Federal unfunded mandates. The Amer- Harry Truman, John Kennedy, Richard some legislation that has been pegged ican people elected a Republican Con- Nixon, Gerald Ford, George Bush, Ron- to hit on that date and not an hour gress last November so that we could ald Reagan, Jimmy Carter, Bill Clinton later. bring to open debate the many pieces or whomever any more power. They I will support the rule but I will be of legislation that have wide popular execute the laws of the people. very, very interested to watch the ma- support, such as the provisions of the They administer the government of jority on Monday once we start getting Contract With America. The people are the people and, damn it, we run it. Act into the evening hours and at that eager to move quickly on this legisla- like it. point watch them close this process up, tion and I hope that we will not have I oppose this line item veto and ask because this has to be wrapped and numerous, dilatory amendments of- our party on this side to force the Re- sent to California—for President Rea- fered on this bill. gan’s birthday? publican majority to transfer the For too long, a spendthrift Congress That is the same type of symbolism power to the American people. has squandered, without restraint, the Mr. GOSS. Mr. Speaker, I yield 1 we had last night with these three tax dollars of the American people on minute to the distinguished gentleman rules, on three noncontroversial bills. wasteful programs. Congress has shown from the Commonwealth of Massachu- So the Committee on Rules, to up their an institutional inability to control its setts [Mr. BLUTE], who is a major spon- batting average, put out three open runaway spending habits. Therefore, sor and has done yeoman’s work on rules on three bills which needed no the time has come to make the Presi- this legislation. rule, they put the taxpayers through dent a full partner in the quest for ra- Mr. BLUTE. Mr. Speaker, I rise the expense of not only drafting but tionality and sensibility in the budget today to support this open rule which printing up the rules. will provide for extended debate in this I checked back here where the rules process. House on the line item veto, longer are left for the Members’ edification History will record that the passage than it has ever been debated before. and was told that they were thrown of the line-item veto will be the most In the 102d Congress, the total time away. I wish I was here on the floor significant achievement of these his- the House devoted to debate was 40 last night to grab that garbage bag so toric 100 days. It is a tribute to the minutes. In the 103d Congress, the I could bring it here and say, ‘‘This is leadership of this House that we will, House only debated for 41⁄2 hours in the the phony symbolism, American tax- today, take up this legislation under first session and only 3 hours and 10 payers, that we’re going through.’’ an open rule and I commend the Speak- minutes in the second session for such We have to pass legislation on Presi- er, Chairman SOLOMON and Chairman an important issue. dents’ birthdays, we have to do rules CLINGER for the work they have done to

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1086 CONGRESSIONAL RECORD — HOUSE February 2, 1995 bring this bill to the floor. In preceding commend the Committee on Rules for any Member of this Congress to bring Congresses, this bill would have never passing out an open rule and urge sup- forth any amendment with regard to seen the light of day and certainly not port of the rule. this very important measure, which is under a rule allowing everyone on both I think this is really the test of an the line-item veto. sides of the aisle with an interest in open rule, and that is when we have It is something that was almost ex- the bill to offer an amendment. tough issues. We saw an open rule traordinarily, extraordinarily I would In the past, Congress has sent the under unfunded mandates. Yes, there say, but not unheard of, but extraor- President bloated, omnibus legislation were many amendments, but there dinarily unique in previous Congresses. filled with questionable spending items were many issues drawn and Members This time the Members representing that would be impossible to justify on got a chance to express themselves and their constituents can bring forth any their own. We need to give the Presi- cross-examine Members on both sides amendments, even on as important a dent the authority to delete these of the aisle. I hope we do that again as measure as this, any amendments that items to act as a check in the classical on unfunded mandates, and I want to they wish. constitutional system of checks and compliment the Committee on Rules This is serious business that we are balances on the past tendency of Con- for preserving this debate. Next to our doing today. There is no doubt. I am gress to bankrupt our future. voting card our constituents give us, one of those who is of the belief that The people of the Fifth District of the right of free debate and the ability our constitutional Presidency in the Washington are in strong support of to cross-examine one another on issues United States is not only a strong this cost-cutting measure and I strong- is one of the most important privileges Presidency, it could be categorized as ly urge my colleagues to unanimously we have in this House. an imperial Presidency. We have a support this rule and this legislation. We should not get too caught up in Presidency where the President can the 100 days. Otherwise, the 100 days b 1130 send troops to die in any foreign coun- could end up looking like George try, can even pledge billions and bil- Mr. GOSS. Mr. Speaker, I am privi- Bush’s golf game. He played really fast, lions of dollars from the U.S. Treasury, leged to yield 2 minutes to the distin- but it was not really a good game. with the full faith and credit of the guished gentleman from Georgia [Mr. I hope we can preserve open rules so American people, to foreign countries LINDER], a member of the Committee we have free and open debate that is unilaterally. So talking about a strong on Rules and the Subcommittee on subject to cross-examination on the Presidency, it is a strong Presidency. Legislation. We are proud to have him. basic ideas about the direction of this Nevertheless, Mr. Speaker, we need Mr. LINDER. Mr. Speaker, I thank Government. Again I want to thank every—albeit in this case small weap- the gentleman for yielding me this the Committee on Rules on preserving on, the line-item veto for the task at time. an open rule on this measure. hand—every weapon available for the Mr. Speaker, I want to begin by ex- Mr. GOSS. Mr. Speaker, I yield such task at hand during the next 5 to 7 pressing my support for House Resolu- time as he may consume to the distin- years, and that is to balance the Fed- tion 55, an open rule which allows for guished gentleman from Florida [Mr. eral budget. It is not going to be easy. thorough consideration of H.R. 2, the DIAZ-BALART], a distinguished member It is going to be extraordinarily dif- Line-Item Veto Act. I am a cosponsor of the Committee on Rules. ficult, in fact. But this is one very nec- of H.R. 2 and I strongly support this Mr. DIAZ-BALART. Mr. Speaker, I essary, I believe, weapon, and it has fiscally responsible piece of legislation, am very pleased that the last two dis- been seen in State after State of our but I am pleased that all Members will tinguished colleagues from the other Union that it is useful to the chief ex- have the opportunity to debate a sig- side of the aisle who spoke thanked the ecutives, and I am sure it will be useful nificant number of alternatives on the majority on the Committee on Rules to the Chief Executive of either party, House floor in coming days. for issuing an open rule, especially of both parties in the United States in While I agree that, by itself, the line- after there had been so much confusion helping us balance the budget, which is item veto does not provide a silver bul- brought forth previously with regard necessary for future generations to let to end all wasteful Federal spend- to, and with much imagination, I maintain our strength economically ing. I am confident that, with a cooper- might add, imagination with regard to into our posterity. ative congressional-Presidential effort the fact, for example, yesterday a num- The SPEAKER pro tempore (Mr. to cut spending, we will be able to re- ber of bills were brought to the floor HASTINGS of Washington). All time has move much of the wasteful spending with open rules; in other words, with expired. that so offends the American people. the ability of any Member to present Mr. GOSS. Mr. Speaker, I move the I want to congratulate the gentleman any amendment that any Member previous question on the resolution. from Florida [Mr. GOSS] for his hard wishes to, and yet, with a lot of imagi- The previous question was ordered. work in crafting the language that es- nation, objection was made to that. It The resolution was agreed to. tablishes the expedited procedures was said, ‘‘Well, you should not do A motion to reconsider was laid on which set forth a specific timetable for that. You should waive the rules,’’ and the table. congressional action in responding to a put it on something called the suspen- The SPEAKER pro tempore. Pursu- President’s line-item veto message. sion calendar or something. ant to House Resolution 55 and rule Mr. Speaker, H.R. 2 was favorably re- And there was imagination used XXIII, the Chair declares the House in ported from both Government Reform today on this floor, with good faith I the Committee of the Whole House on and Oversight and the Rules Com- am sure, that this open rule was maybe the State of the Union for the consider- mittee, and this open rule received not an open rule, it was something else ation of the bill, H.R. 2. unanimous support by the Rules Com- because we want to give notice to col- mittee members. The rule allows any leagues here on the floor by urging, by b 1139 Member the opportunity to perfect the encouraging Members who are going to line-item veto, and I urge my col- present an amendment to notify Mem- IN THE COMMITTEE OF THE WHOLE leagues to adopt the rule. bers beforehand by publishing them be- Accordingly the House resolved itself Mr. BEILENSON. Mr. Speaker, if I do forehand that they plan to introduce into the Committee of the Whole House not have a chance to reclaim any of my an amendment, not requiring, but giv- on the State of the Union for the con- time, let me again urge my colleagues ing incentive, giving encouragement to sideration of the bill (H.R. 2) to give to vote for this open rule. Members to provide our colleagues the President line-item veto authority Mr. Speaker, for purposes of debate with notification. over appropriation acts and targeted only, I yield 1 minute to the distin- So again I am glad that the two last tax benefits in revenue acts, with Mr. guished gentleman from California distinguished Members thanked the BOEHNER in the chair. [Mr. MILLER]. majority, Chairman SOLOMON and the The Clerk read the title of the bill. Mr. MILLER of California. Mr. majority of the Committee on Rules The CHAIRMAN. Pursuant to the Speaker, I thank the gentleman for for permitting—and this is important, rule, the bill is considered as having yielding me this time. I simply rise to this is procedural, but it is important— been read the first time.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1087 Under the rule, the gentleman from H.R. 2, the table would be tipped to- bill is also another example of how Pennsylvania [Mr. CLINGER] will be rec- ward the President and saving. This is haste makes waste. ognized for 30 minutes, the gentle- a major reform of the Federal spending Proponents of the bill did not under- woman from Illinois [Mrs. COLLINS] process, and one favored by the over- stand the broad sweeping powers they will be recognized for 30 minutes, the whelming majority of the American were granting the President until it gentleman from Florida [Mr. GOSS] will people according to CNN, USA Today, was raised at the markup. Now they be recognized for 30 minutes, and the and Gallup polls. are trying to rewrite the bill to more gentleman from California [Mr. BEIL- Because this legislation offers an im- clearly define what a line item of ENSON] will be recognized for 30 min- portant step toward deficit reduction spending authority is. utes. and a balanced Federal budget, one Everyone should also be concerned The Chair recognizes the gentleman which will help to eliminate our cur- that a President could easily abuse the from Pennsylvania [Mr. CLINGER]. rent $4.7 trillion dollar debt and con- extraordinary power H.R. 2 would give Mr. CLINGER. Mr. Chairman, I yield tinuing $200 billion plus yearly deficits, him. As reported, the bill lets a Presi- myself 21⁄2 minutes. I urge adoption of the bill which Presi- dent define, in any way he chooses, a At the outset, may I wish everybody dent Clinton has requested—the line of spending authority that he ve- a Happy Groundhog Day. As the Con- strongest possible line-item veto. I toes. This bill does not restrict a Presi- gressman who represents Punx- urge the adoption of H.R. 2. dent—whether he or she is a Democrat sutawney Phil, he did not see his shad- b 1140 or a Republican—to simply eliminating ow, so winter is going to be over short- or reducing spending in the form that ly, and I think that is a good omen as I might say the President himself, Congress passes it, either in an appro- we bring H.R. 2, the line-item veto to President Clinton, has requested that priations bill or report accompanying the floor. I think it is a harbinger of we send him the strongest possible en- the bill. that which is a historic piece of legisla- hanced rescission bill that we can The original draft report of the Com- tion which when we enact it, as we present him. mittee on Government Reform and will, will complete the second install- So I would urge adoption of H.R. 2. Oversight stated, and I quote: Mr. Chairman, I reserve the balance ment on the Republican Contract With We decided on enhanced rescission for sev- America. Together with the balanced of my time. eral reasons. It permits Congress to continue budget amendment and entitlement re- Mrs. COLLINS of Illinois. Mr. Chair- appropriating with lump sums. Moreover, forms, this bill provides much needed man, I yield myself such time as I may after a President signs an appropriations reform of Congress’ bloated tax-and- consume. bill, he may go as deep as he likes within an spending habits. (Mrs. COLLINS of Illinois asked and appropriations account to propose specific H.R. 2 gives the President line-item was given permission to revise and ex- rescissions. veto authority over discretionary ap- tend her remarks.) Dr. Robert Reischauer, Director of propriations and targeted tax benefits. Mrs. COLLINS of Illinois. Mr. Chair- the Congressional Budget Office, testi- The bill allows the President to reduce man, I am opposed to H.R. 2, the Line fied before our committee that extreme or eliminate any discretionary spend- Item Veto Act. I think it gives any proposals like H.R. 2, give the Presi- ing specified in an appropriations bill President whether Democrat or Repub- dent ‘‘greater potential power than a or accompanying report, and to veto lican far too much power over congres- constitutionally approved item veto.’’ any tax benefit which he determines sional spending decisions, and I do not Dr. Reischauer went on to say that would benefit 100 or fewer taxpayers. believe it would have any significant the authority in this bill would actu- Under H.R. 2, the President will have impact on Federal spending. ally allow the President to ‘‘define a 10 days after signing an appropriation We have heard a lot in recent weeks line item as any portion of an appro- or revenue act to submit to Congress a about what the voters were telling priation enacted into law.’’ In effect, special message identifying his rescis- their Representatives in the last elec- any President whether Democrat or sion or veto proposals. A separate re- tion. What I heard loud and clear was a Republican could reach inside a line scission or veto message will be re- cry for greater responsibility on the item in order to cut a particular quired for each act and each message part of each Member of Congress. project. must be considered en bloc. Our first responsibility as Members For example, H.R. 2 could allow any Upon receipt of the President’s mes- of Congress is to be truthful and thor- President be he Democrat or Repub- sage, Congress will have 20 days for ough in making the laws of the land. lican to threaten the independence of both Houses to pass a resolution of dis- Unfortunately, H.R. 2 is not truthful Federal judges he does not like, by approval in order to prevent the cuts. about its provisions. using the line-item veto to cut funds If either House fails to pass the dis- Even though this bill is called the for the operation of particular courts. approval resolution, then the rescis- Line Item Veto Act, it is not a normal Any President could also cut funding sions will take effect. If, on the other line-item veto bill. Instead, it would for important water, road or other hand, both Houses vote to release the give the President the most extreme projects in States or regions of the appropriation or enact the tax benefit power to cancel programs and projects. country that did not support him in an by passing resolutions of disapproval, Chairman CLINGER himself has charac- election. Similarly, any President the disapproval resolution would be terized the bill as the strongest pos- could cut funds out of the legislative presented to the President for signa- sible grant of Presidential power. appropriations bill for a particular ture or veto. A Presidential veto would Some have said that it mirrors the committee of the Congress, if he want- return the bill to Congress, which line-item veto authority that 43 gov- ed to retaliate for its activities. would have 5 days to override by a two- ernors enjoy; but this bill is consider- Even if a President did not abuse this thirds vote of each House. ably different. power, this legislation could not pos- This process is fundamentally dif- One need only read the committee re- sibly have much impact on the Federal ferent from that in existing law which port to know that. On page 11, it says, debt. Under H.R. 2, a President would favors spending by permitting either and I quote ‘‘H.R. 2 differs fundamen- not be able to use the line-item veto on House of Congress to force the release tally from the kind of item-veto au- the biggest items in the Federal budg- of moneys through inaction. Currently, thority granted to Governors in 43 et—interest on the debt and mandatory unless both Houses pass bills to ap- States.’’ Yet I am willing to bet we will spending—which account for about 65- prove the rescission proposal, the continue to hear dozens of speakers percent of all Federal spending. money must be spent. Under H.R. 2, talk about the item-veto power of 43 Instead, the Line Item Veto Act however, the cuts would stand unless Governors. They probably did not read would apply to only about 35-percent of both Houses vote to disapprove the re- this bill. Federal spending that is subject to ap- scissions and force the release of H.R. 2 would produce such an ex- propriations, and this spending has ac- money. treme shift of authority from Congress tually been declining in recent years. While current law tilts the table to- to the President that it is likely to be It is an absolute fallacy, therefore, to ward Congress and spending, under unconstitutional. Unfortunately, this suggest that the lack of Presidential

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1088 CONGRESSIONAL RECORD — HOUSE February 2, 1995 line-item veto authority has contrib- Mr. GOSS. Mr. Chairman, I yield NATIONAL TAXPAYERS UNION BIG SPENDERS uted significantly to the Federal debt, such time as he may consume to the OF 1993 which has grown from just over $900 gentleman from New York [Mr. SOL- Alabama: Rep. Tom Bevil, Rep. Robert E. billion in 1980 to a projected $4.9 tril- OMON], the distinguished chairman of Cramer, Rep. Earl F. Hilliard. lion this year. Instead, reckless, irre- the Committee on Rules. Arizona: Rep. Karan English, Rep. Ed Pas- sponsible spending produced this debt. (Mr. SOLOMON asked and was given tor. At the President’s insistence in 1981, permission to extend his remarks.) Arkansas: Sen. Dale Bumpers, Sen. David Congress passed a gigantic tax cut that Mr. SOLOMON. I thank the gen- Pryor, Rep. Ray Thornton. cost the Federal Government nearly tleman from Florida for yielding this California: Sen. Barbara Boxer, Sen. $270 billion in lost revenues by 1988. time to me. Dianne Feinstein, Rep. Xavier Becerra, Rep. During that same period and, again, at Mr. Chairman, I requested permission Howard L. Berman, Rep. George E. Brown, the President’s request, defense spend- to submit extraneous material for the Rep. Ronald V. Dellums, Rep. Julian C. Dixon, Rep. Don Edwards, Rep. Anne G. ing more than doubled, even though we RECORD, that material being the Na- Eshoo, Rep. Sam Farr, Rep. Vic Fazio, Rep. had no way to pay for it. tional Taxpayers Union’s 1993 rating of As a result, 28 percent of all income Bob Filner, Rep. Dan Hamburg, Rep. Jane the big spenders in Congress. And I Harman, Rep. Tom Lantos, Rep. Mathew G. tax receipts now go to pay just for the would ask the Chairman and others to interest on the new debt which the Martinez, Rep. Robert T. Matsui, Rep. pay attention to who is for this line- George Miller, Rep. Norman Y. Mineta, Rep. Federal Government incurred between item veto and who is opposed to it. You Nancy Pelosi, Rep. Lucille Raybal-Allard, 1981 and 1993. To put this in some per- will find out that all the big spenders Rep. Pete Stark, Rep. Esteban E. Torres, spective, only about 5 percent of in- are opposed to it, and those who voted Rep. Walter R. Tucker, Rep. Maxine Waters, come tax receipts go to pay for the cost for fiscal restraint are for it. Rep. Henry A. Waxman, Rep. Lynn Woolsey. of providing welfare to needy Ameri- Colorado: Sen. Ben Nighthorse Campbell, cans. The document referred to is as follows: Rep. David E. Skaggs. It is also untrue that Presidents have Connecticut: Sen. Christopher J. Dodd, NATIONAL TAXPAYERS UNION—1993 been more aggressive than Congress in Rep. Rosa DeLauro, Rep. Sam Gejdenson, TAXPAYERS’ FRIENDS trying to curb Federal spending. Over Rep. Barbara B. Kennelly. Arizona: Sen. John McCain. the last 20 years in which Presidents Delaware: Sen. Joseph R. Biden, Jr. have had authority to rescind appro- California: Rep. Christopher Cox, Rep. Randy Cunningham, Rep. John T. Doolittle, Florida: Sen. Bob Graham, Rep. Jim Bac- priations, all Presidents have proposed chus, Rep. Corrine Brown, Rep. Peter a grand total of $72 billion in rescis- Rep. David Dreier, Rep. Wally Herger, Rep. Duncan Hunter, Rep. Howard P. McKeon, Deutsch, Rep. Sam M. Gibbons, Rep. Alcee L. sions. During that same time, the Con- Rep. Carlos J. Moorhead, Rep. Richard W. Hastings, Rep. Harry A. Johnston, Rep. gress has approved rescissions that Pombo, Rep. Dana Rohrabacher, Rep. Ed Carrie P. Meek, Rep. Pete Peterson, Rep. total $92 billion—that is, $20 billion Royce. Karen L. Thurman. more than Presidents have requested. Colorado: Sen. Hank Brown, Rep. Wayne Georgia: Rep. Sanford D. Bishop, Rep. In addition, Presidential budget re- Allard. George Darden, Rep. John Lewis, Rep. Cyn- quests have actually been greater than Delaware: Sen. William V. Roth, Jr. thia A. McKinney. what Congress has appropriated in all Florida: Sen. Connie Mack, Rep. Tom Hawaii: Sen. Daniel K. Akaka, Sen. Daniel but 5 of the last 15 fiscal years. Lewis, Rep. John L. Mica, Rep. Dan Miller. K. Inouye, Rep. Neil Abercrombie, Rep. Together with Congresswoman THUR- Georgia: Sen. Paul Coverdell, Rep. Mac Patsy T. Mink. MAN and Chairman CLINGER, I proposed Collins, Rep. John Linder. Illinois: Sen. Carol Moseley-Braun, Sen. an amendment that gives Congress the Idaho: Sen. Larry E. Craig, Sen. Dirk Paul Simon, Rep. Cardiss Collins, Rep. Rich- Kempthorne. right to fully consider a Presidential ard J. Durbin, Rep. Lane Evans, Rep. Luis V. Illinois: Rep. Philip M. Crane, Rep. Thomas Gutierrez, Rep. Mel Reynolds, Rep. Dan Ros- rescission proposal. That amendment is W. Ewing, Rep. Harris W. Fawell, Rep. Don- contained in the bill we are now con- tenkowski, Rep. Bobby L. Rush, Rep. George ald Manzullo. E. Sangmeister, Rep. Sidney R. Yates. sidering. It guarantees that a Member Indiana: Sen. Daniel R. Coats, Sen. Rich- Indiana: Rep. Frank McCloskey, Rep. Peter of Congress would, at least, have the ard G. Lugar. J. Visclosky. right to call up a President’s rescission Iowa: Sen. Charles E. Grassley, Rep. Jim for a vote on the floor. Nussle. Iowa: Sen. Tom Harkin, Rep. Neal Smith. But, this is not enough. The Con- Kansas: Sen. Bob Dole. Kansas: Rep. Dan Glickman. stitution gives the Congress, not the Kentucky: Rep. Jim Bunning. Kentucky: Sen. Wendell H. Ford, Rep. Ro- President, responsibility for deciding Maine: Sen. William S. Cohen. mano L. Mazzoli. how to spend Federal revenues. Should Michigan: Rep. Peter Hoekstra, Rep. Joe Louisiana: Sen. John B. Breaux, Sen. J. Knollenberg, Rep. Nick Smith. we invest more in defense and less in Bennett Johnston, Rep. Cleo Fields, Rep. Minnesota: Rep. Rod Grams, Rep. Jim William J. Jefferson. health and nutrition programs for chil- Ramstad. dren and the elderly? Should we give Montana: Sen. Conrad Burns. Maine: Sen. George J. Mitchell, Rep. tax cuts or increase spending on edu- New Hampshire: Sen. Judd Gregg, Sen. Thomas H. Andrew. cation? Robert C. Smith, Rep. Bill Zeliff. Maryland: Sen. Barbara A. Mikulski, Sen. These are tough decisions that each New Jersey: Rep. Bob Franks, Rep. Dick Paul S. Sarbanes, Rep. Benjamin L. Cardin, and every Member of Congress is sent Zimmer. Rep. Steny H. Hoyer, Rep. Kweisi Mfume, to Washington to make. We cannot ex- New York: Rep. Gerald B.H. Solomon, Rep. Rep. Albert R. Wynn. pect the President to do our work for Bill Paxon. Massachusetts: Sen. Edward M. Kennedy, us. North Carolina: Sen. Lauch Faircloth, Sen. Sen. John Kerry, Rep. Barney Frank, Rep. Jesse Helms, Rep. Cass Ballenger, Rep. How- Joseph P. Kennedy, Rep. Edward J. Markey, Mr. Chairman, these first few days of ard Coble. Rep. Joe Moakley, Rep. Richard E. Neal, the Congress seem to be devoted more Ohio: Rep. John A. Boehner, Rep. Rob Rep. John W. Olver, Rep. Gerry E. Studds. to gimmicks and buzzwords, and less to Portman. Michigan: Sen. Carl Levin, Sen. Donald W. honesty with the American people. Oklahoma: Sen. Don Nickles, Rep. James Riegle, Jr., Rep. David E. Bonior, Rep. Bob Rules for unfunded mandates, line-item M. Inhofe, Rep. Ernest Jim Istook. Carr, Rep. Barbara-Rose Collins, Rep. John veto, and balanced amendments do lit- Pennsylvania: Rep. George W. Gekas, Rep. Conyers, Rep. John D. Dingell, Rep. William tle to tell the American people how the Bud Shuster, Rep. Robert S. Walker. D. Ford, Rep. Dale E. Kildee, Rep. Sander M. deficit will be reduced. South Carolina: Rep. Bob Inglis. Levin. The new majority, who now controls South Dakota: Sen. Larry Pressler. Minnesota: Sen. Paul Wellstone, Rep. the Congress, owes the people an hon- Tennessee: Rep. John L. Duncan. James L. Oberstar, Rep. Martin Olav Sabo, Texas: Sen. Phil Gramm, Rep. Bill Archer, Rep. Bruce F. Vento. est appraisal of how they intend to bal- Rep. Dick Armey, Rep. Joe L. Barton, Rep. ance the budget. Honesty and responsi- Tom DeLay, Rep. Jack Fields, Rep. Sam Mississippi: Rep. G.V. Montgomery, Rep. bility is what the people are demand- Johnson. Bennie Thompson, Rep. Jamie L. Whitten. ing, and that is what they deserve. Virgina: Sen. John W. Warner. Missouri: Rep. William L. Clay, Rep. Rich- ard A. Gephardt, Rep. Ike Skelton, Rep. Har- b 1150 Wisconsin: Rep. Tom Petri, Rep. F. James Sensenbrenner. old L. Volkmer, Rep. Alan Wheat. Mr. Chairman, I reserve the balance Wyoming: Sen. Alan K. Simpson, Sen. Mal- Montana: Sen. Max Baucus, Rep. Pat Wil- of my time. colm Wallop. liams.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1089 Nevada: Sen. Harry Reid, Rep. James Sherrod Brown, Rep. Tony P. Hall, Rep. Tom Coleman, Rep. E de la Garza, Rep. Martin Bilbray. Sawyer, Rep. Louis Stokes, Rep. Ted Strick- Frost, Rep. Henry B. Gonzalez, Rep. Gene New Jersey: Rep. Robert Menendez, Rep. land. Green, Rep. Eddie Bernice Johnson, Rep. Sol- Donald M. Payne, Rep. Robert G. Torricelli. Oklahoma: Rep. Mike Synar. omon P. Ortiz, Rep. J.J. Pickle, Rep. Frank New Mexico: Rep. Bill Richardson. Oregon: Rep. Elizabeth Furse, Rep. Mike Tejeda, Rep. Craig Washington, Rep. Charles New York: Sen. Daniel Patrick Moynihan, Kopetski, Rep. Ron Wyden. Wilson. Rep. Gary L. Ackerman, Rep. Eliot L. Engel, Pennsylvania: Sen. Harris Wofford, Rep. Vermont: Sen. Patrick J. Leahy, Rep. Ber- Rep. Floyd H. Flake, Rep. Maurice D. Hin- Lucien E. Blackwell, Rep. Robert A. Borski, nard Sanders. chey, Rep. George J. Hochbrueckner, Rep. Rep. William J. Coyne, Rep. Thomas M. Fog- Virginia: Rep. Rick Boucher, Rep. Leslie L. Nita M. Lowey, Rep. Thomas J. Manton, lietta, Rep. Paul E. Kanjorski, Rep. John P. Byrne, Rep. James P. Moran, Rep. Robert C. Rep. Michael R. McNulty, Rep. Jerrold Nad- Murtha. Scott. ler, Rep. Major R. Owens, Rep. Charles B. Rhode Island: Sen. Claiborne Pell, Rep. Rangel, Rep. Charles E. Schumer, Rep. Jose Jack Reed. Washington: Sen. Patty Murray, Rep. E. Serrano, Rep. Louise M. Slaughter, Rep. South Carolina: Sen. Ernest F. Hollings, Norm Dicks, Rep. Mike Kreidler, Rep. Jim Edolphus Towns, Rep. Nydia M. Velazquez. Rep. James E. Clyburn, Rep. Butler Derrick, McDermott, Rep. Al Swift, Rep. Jolene North Carolina: Rep. Eva Clayton, Rep. Rep. John M. Spratt. Unsoeld. W.G. Hefner, Rep. Stephen L. Neal, Rep. South Dakota: Sen. Tom Daschle. West Virginia: Sen. Robert C. Byrd, Sen. David Price, Rep. Charlie Rose, Rep. Melvin Tennessee: Sen. Harlan Mathews, Sen. Jim John D. Rockefeller IV, Rep. Alan B. Mol- Watt. Sasser, Rep. Harold E. Ford. lohan, Rep. Nick J. Rahall, Rep. Bob Wise. Ohio: Sen. John Glenn, Sen. Howard M. Texas: Rep. Jack Brooks, Rep. John Bry- Wisconsin: Rep. Gerald D. Kleczka, Rep. Metzenbaum, Rep. Douglas Applegate, Rep. ant, Rep. Jim Chapman, Rep. Ronald D. David R. Obey. HISTORY OF NATIONAL TAXPAYERS UNION TAXPAYERS’ FRIEND’S AWARDS

Year Member Total awards won 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979

Allard ...... 2 TF ...... TF E ...... Archer ...... 15 TF TF TF TF TF TF TF TF TF TF TF TF TF TF TF Armey ...... 9 TF TF TF TF TF TF TF TF TF E ...... Ballenger ...... 4 TF TF TF TF ...... E ...... Barton ...... 8 TF TF TF TF TF ...... TF TF TF E ...... Boehner ...... 2 TF ...... TF E ...... Bunning ...... 4 TF ...... TF TF TF ...... E ...... Coble ...... 7 TF TF TF TF TF ...... TF ...... TF E ...... Collins, M ...... 1 TF E ...... Cox, C (CA) ...... 4 TF TF TF TF ...... E ...... Crane ...... 15 TF TF TF TF TF TF TF TF TF TF TF TF TF TF TF Cunningham ...... 1 TF ...... DeLay ...... 9 TF TF TF TF TF TF TF TF TF E ...... Doolittle ...... 3 TF TF TF E ...... Dreier ...... 13 TF TF TF TF TF TF TF TF TF TF TF TF TF E ...... Duncan ...... 5 TF TF TF TF TF E* ...... Ewing ...... 2 TF TF E* ...... Fawell ...... 7 TF TF TF TF ...... TF TF TF E ...... Fields ...... 12 TF TF TF TF TF ...... TF TF TF TF TF TF TF E ...... Franks, B (NJ) ...... 1 TF E ...... Gekas ...... 3 TF ...... TF TF ...... E ...... Grams ...... 1 TF E ...... Herger ...... 6 TF TF TF TF TF ...... TF E ...... Hoekstra ...... 1 TF E ...... Hunter ...... 3 TF ...... TF ...... TF ...... E ...... Inglis ...... 1 TF E ...... Inhofe ...... 3 TF ...... TF ...... TF E ...... Istook ...... 1 TF E ...... Johnson, S (TX) ...... 3 TF TF TF E 91 ...... Knollenberg ...... 1 TF E ...... Lewis, T (FL) ...... 1 TF ...... E ...... Linder ...... 1 TF E ...... Manzullo ...... 1 TF E ...... McKeon ...... 1 TF E ...... Mica ...... 1 TF E ...... Miller, D (FL) ...... 1 TF E ...... Moorhead ...... 15 TF TF TF TF TF TF TF TF TF TF TF TF TF TF TF Nussle ...... 3 TF TF TF E ...... Paxon ...... 1 TF ...... E ...... Petri ...... 9 TF TF TF TF TF ...... TF TF TF ...... TF ...... Pombo ...... 1 TF E ...... Portman ...... 1 TF E ...... Ramstad ...... 2 TF TF ...... E ...... Rohrabacher ...... 5 TF TF TF TF TF E ...... Royce ...... 1 TF E ...... Sensenbrenner ...... 15 TF TF TF TF TF TF TF TF TF TF TF TF TF TF TF Shuster ...... 6 TF TF ...... TF ...... TF ...... TF TF Smith, N (MI) ...... 1 TF E ...... Solomon ...... 13 TF TF TF TF TF ...... TF ...... TF TF TF TF TF TF TF Walker ...... 14 TF TF TF TF TF TF TF TF TF TF TF TF TF ...... TF Zeliff ...... 3 TF TF TF E ...... Zimmer ...... 3 TF TF TF E ...... TF=Taxpayers’ Friend; E=Year Elected.

Mr. Chairman, this Nation is at war. bring our Nation’s accounts into bal- cate the sea of red ink which is ruining As we debate this bill today, the Fed- ance. Many in this body claim that the this country. eral debt hovers above $4.6 trillion. The deficit has been reduced, Congress has The truth is our budget process is annual deficit is projected to top $200 acted responsibly they say in keeping broken and it must be fixed. And this billion every year this century, and the deficit lower than it was projected system can be fixed by the second front Government spending is adding $10,000 to be. in our war on the deficit. to the debt every second that we stand I would urge my colleagues to read here. Just during these 2 hours of gen- the writing on the wall—the deficit Real procedural reforms will effec- eral debate alone we will add $72 mil- still exists and it is growing larger ev- tively allow and force these tough lion to the national debt. This is un- eryday. It is growing by $200 billion choices to be made. The line-item veto conscionable. each year during this decade, as I said as proposed in H.R. 2 is just such a pro- Reducing the deficit and the debt are before. cedural reform. Coupled with a bal- not partisan issues, they are the Amer- Mr. Chairman, the Congress must anced budget constitutional amend- ican people’s issues which must be at- begin and never stop its war on the def- ment—which this House had the fore- tacked on two fronts. The first is on icit until it no longer exists. All past sight of passing last week—procedural the hard choices making the sacrifices efforts, both Republican and Democrat, restraints on run-away spending will be and the spending cuts necessary to have failed. They have failed to eradi- put in place.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1090 CONGRESSIONAL RECORD — HOUSE February 2, 1995 Let me assure you that I, in no way, the President for these last 14, 15 years ical agenda or ideological agenda, I believe that an effective line-item veto to reconcile where America should be. would say if we wanted to change the will in and of itself balance the budget, But the worst thing about this debate constitution that way, there are ways it will not. However, I do believe that is we are dealing with the balance of of doing it. But not necessarily being it will have a deterrent effect on spend- power that the Founding Fathers as optimistic as most Members of the ing, by discouraging us from slipping warned about when they structured the House who will approve this bill are, I pork into our appropriation bills in the Constitution of the United States. And can foresee the day that what the first place. before we change that balance of power President decides is a priority of ex- Pork like $20 million for golf videos it seems to me even though we may not penditures for the American people and pony trekking in Ireland? How win, I suspect there are 230 votes at may not be consistent with their Rep- about $58 million to some millionaire least in this House that will pass this resentatives’ actions or intent. up in New York, where I come from, to bill, but before we do that I would hope bail out his baseball investments? And this debate brings out the proposition b 1200 $34 million for screwworm research in of what it will do to America and the Mexico last year? American constitutional form of gov- Let us look at some examples: Well, do you not think that $34 mil- ernment and the intentions of the Say California has an earthquake; lion could be better used to reduce our Founding Fathers as they say down in say New York City has a major fire or deficit last year if the President pos- Philadelphia, in my home State, and destruction. What is the sympathy in sessed the line-item veto? Mr. Chair- evolved how a democratic citizenry the Congress of the United States to al- man, as long as this type of wasteful could make the proper judgments locate amounts of money for California spending is allowed to permeate our ap- through their representative officials or New York and, if we do it, may have propriations bills the budget system to spending money, the taxpayers to expend above and beyond the bal- will never work. Mr. Chairman, over money. ance of the budget? But a President the last 94 years this Congress has only Article I of the American Constitu- who looks at those two States and sees balanced 28 percent of its budgets, none tion does not say that the President of no political ramifications if he dis- in the past 25 years alone. And the Fed- the United States shall establish such avows that expenditure, could just as eral deficit has soared. expenditures as he deems necessary easily strike that expenditure from the Mr. Chairman, what this line-item and shall carry out those expenditures budget, and we would have no recourse veto does, and this is what everybody without any further action. As a mat- unless it were brought back to this ought to listen to, is reverse existing ter of fact, Article I says the power to House and passed by a majority of the law that allows Congress to reject a expend money, the taxpayers money of House. And then we say, ‘‘Well, that’s President’s request to cut pork barrel the American people, shall reside in not unreasonable,’’ and I agree. spending without even taking a vote. the House of Representatives, the Mr. Chairman, that would not be bad, That is what the law is now. Without house that represents the people. but the gentleman from New York [Mr. even taking a vote, we can reject the The President represents the Nation SOLOMON] indicated that was the rem- President’s request to cut spending. as a whole. We as individuals represent edy, that the majority of the House of In other words, Congress can block our individual constituents. And we Representatives could overrule the the spending cuts by doing nothing. come together as a body by majority President at will. That is not true, Mr. This line-item veto reverses that pro- consent to expend the taxpayers Chairman, because the President has cedure by saying that the cuts go money. Yes, it is a give and it is a the opportunity to veto that measure, through unless Congress votes to dis- take, it is a moderation. Sometimes it and to override that veto it requires approve the spending cuts. Do you not is abused, but let us look at the histor- two-thirds of the House of Representa- think that is going to make a dif- ical significance of that abuse. tives and two-thirds of the Senate, a ference, ladies and gentlemen? In the last 20 years Presidents of the majority that is overwhelming and sel- I urge the House to vote for this bill United States have sent rescissions to dom had, and, quite frankly, if we had in its strongest form, with no weak- Congress of no more than $70 billion. that ability today, we would not be ening amendments, and there are 31 of That is about $31⁄2 billion a year out of talking about a piece of legislation for them out there. President Clinton has a $1,500 billion budget. Hardly signifi- the line-item veto. We would be talk- asked Congress to send him the tough- cant. But the Congress responded by ing about a constitutional amendment est item veto bill we can, and this is cutting $20 billion more, or $4.5 billion to the Constitution. the toughest veto bill we can if we do a year on average, a full 25 percent Now what are the promises here and not allow weakening amendments to go more per year than any President re- what are the threats? The threats, I through. quested. think, are major. They are a shift of Members, you know what the Amer- Does that speak well for the Congress power. I say to my colleagues, ‘‘Now ican people want, they want you to or for the President? Quite frankly, I quite frankly, when you look at what’s vote for this line-item veto. Do them do not think it speaks well or poorly happened in this Congress in the past and yourself a favor by doing it. about either. Because when you are few days and in Washington for the last Mr. GOSS. Mr. Chairman, I reserve talking about $3 or $4 billion in a $1,500 few weeks, you begin to realize that the balance of my time. billion budget it is hardly a traceable my friends on the majority party are Mr. BEILENSON. Mr. Chairman, I item, and it is a very fine distinction saying there is such a mandate swell- yield such time as he may consume to as to whether or not the peoples’ will ing from the people that we signifi- the gentleman from Pennsylvania [Mr. in one region, area or State of the cantly want to change the structure of KANJORSKI]. country have some ability to get relief our government.’’ I am not sure in my (Mr. KANJORSKI asked and was through the Congress that the Presi- district, where 67 percent of the citi- given permission to revise and extend dent does not necessarily see in the na- zens voted for me, they sent that kind his remarks.) tional interest or toward his political of a mandate, that they want a shift of Mr. KANJORSKI. I thank the gen- agenda. power that is so significant away from tleman from California [Mr. BEILEN- We are putting through a change in the House of Representatives and the SON] for yielding this time to me. the balance of power here so that we Congress to the Presidency. Mr. Chairman, I listened with great take the appropriation process out of But, my colleagues, just a sidelight pleasure to the gentleman from New the House of Representatives and, to a here. I say to the gentlemen on the ma- York [Mr. SOLOMON] and his expla- large extent, we transport it down to jority side, ‘‘This power you are giving nation of the legislation we are about 1600 Pennsylvania Avenue and we put it the President today? the President ex- to pass here that may be such an as- on the desk of the President. Now if I ercised extraordinary power yesterday sistance to balancing the budget. I had all the faith and courage in the in solving the Mexican bailout, and I’ve wish it were just so simple, and I wish world to believe we would always have watched some of the leadership on the that there had not been a weakness on a responsible President, a stable Presi- majority side and a lot of the new the part of not only the Congress but dent and a President that had no polit- freshman Members start to question

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1091 his constitutional authority and statu- Now I agree with my friends in the what extraordinary, somewhat much tory right to do it, and I agree with majority that we have had excessive, larger than I would recommend we do, them. That’s a question that should be sometimes wasteful, sometimes abu- but I can understand my friends on the tested. But if we follow down this line sive, expenditures. To deny that propo- majority doing it. that the President should allocate and sition I think would be to face facts But the one way that we can condi- appropriate funds at whim and will and to deny the existence of those tion the responsiveness and the respon- without statutory authority or with basic facts, but the question is: what sibility of the President to act appro- statutory authority that cannot be kind of a repair should we make and priately with this tremendous delega- withdrawn, the Mexican bailout is just how delicate that repair should be. tion of authority is that, if he knows the beginning of arbitrary power and Quite frankly this provision would that if he abuses this trust we will put reckless power exercised by a President allow one-third of this Congress to con- in him, then within 5 years the bill will if you happen to sit on this side of tinue down the road and support the cease to exist, and the authority given Pennsylvania Avenue.’’ President at any execution of his—re- to him will cease to exist. Now, as my colleagues know, we have scission of appropriations at will, and Now we are going to introduce that a remedy. We have several remedies. we could not reverse it, so that 67 per- bill, and I think that is an insurance One, the Congress can come into cent of the elected Representatives of mechanism with no other repeal of the power and pass one resolution, but the the people could not carry out the peo- law because remember to repeal the President shall set such taxing rates, ple’s work, but one-third of the elected law it is going to require two-thirds as necessary, to accumulate the suffi- Representatives, in conjunction with vote of the House of Representatives cient revenues of the United States so the President, could accomplish that. and the U.S. Senate because, I say to that he may cover the expenditures Mr. SOLOMON. Mr. Chairman, would my colleague, ‘‘You can bet your life a made in any appropriate appropria- the gentleman yield? President is going to vote this power tions he deems necessary for the car- Mr. KANJORSKI. I will in just one once you give it to him.’’ So we cannot rying out of the powers of the U.S. moment. ever reform or repeal this legislation Government, and, if we pass that by Now the other proposition is that— unless two-thirds of the House of Rep- unanimous consent, and the President As a matter of fact, Mr. Chairman, I resentatives and two-thirds of the Sen- signs it, hey, we can go home probably yield to the gentleman from New York ate agree, and we have not had those on January 5. It is all over. We do not [Mr. SOLOMON] because I am moving on majorities existing that think in con- have to do an awful lot more. A major to another subject. cert or in activity in this body since part of the process of the Congress of Mr. SOLOMON, Mr. Chairman, I just my historical memory goes back. I do the United States is the allocation of want to say this the gentlemen from not recall any time, any party, enter- expenditures of money, and the receipt Pennsylvania [Mr. KANJORSKI] is so tained in both Houses of Congress a of revenues and the rates of how we set well respected in this body. But I just clear two-thirds voting majority that that to try to be fair, equitable, in pro- want to say to him: they could change this legislation. portion among our people. But if we ‘‘One of the reasons we are going b 1210 really want a corporate efficiency with a statute, as opposed to a con- So the will of the people can never be where the CEO calls the shots, I ask, stitutional amendment, is because a implemented again unless we have the ‘‘Why don’t we just take the First Arti- law that could be rescinded if it doesn’t acquiescence of the President to sign cle of the Constitution and say, ‘Hence- work. Let’s give it chance, and try it, and not exercise this right of veto. forth anything exercised in this by the and let’s see if it works.’’ What I am suggesting here is this: We Congress can be exercised by the Presi- Mr. KANJORSKI. Mr. Chairman, I have some minor adjustments. We have dent? We stand by it’ and make it im- say to the gentleman, ‘‘Mr. SOLOMON, appropriation earmarks that bother us possible to reverse.’’ I know we do not that was a question I couldn’t even all. We have sometimes irresponsible want to do that. exact out of my sight.’’ appropriations and authority granted There is another remedy. I say to my One of the reasons I am taking the when those of us who rely on our col- colleagues, ‘‘Gentlemen, if you really time today is I sat on the committee leagues are sometimes misunder- want to change the Constitution to that drafted this. We discussed it, I standing or given misinformation as to provide for the balanced budget amend- thought about it at great length, and I what the actual appropriation bills ment which does an accounting proc- am satisfied that we can exercise and stand for, and there is not one of us ess, a fiscal responsibility process, a delegate to the President substantially who has not gone home and been em- process in the most sacred document, if more authority, but the weakness that barrassed. you want to hand off to the Chief Exec- we have is we can never reclaim that I remember a colleague from one of utive the authority to appropriate, if authority once delegated. the southern States who put in an ap- you want to stop the authority of the Now I am not going to pass on the propriation for a school in France in National Government to have national constitutionality of the delegation au- the late hours of the morning, and I standards and to require at some times thority. That is for the Supreme Court got back to my district and somebody and under proper conditions that to do. There is no question in my mind said, ‘‘How could you vote to give $20 States have to conform, municipalities we can pass this statute, make this del- million to a school in France that have to conform, if you really want the egation of authority, but our problem, would have been illegal if you had executive and the legislative branches gentleman, is how do we get it back if given that money in the United of this Government to operate in tan- it has been abused, and that is the States?’’ And quite frankly, I not only dem, what you really want is a con- point I am pleased my good friend from would not have voted for it, but I had stitutional convention to change the New York asked the question on. to do it in one solid package in the en- Constitution of the United States and We on our side have found the answer tire appropriation. But then, too, I had establish a parliament.’’ to that, and it is very prevalent in to admit I did not know it was in there, We are quite distinct from par- many States of the Union, and that is in a 1100–page appropriation bill, until liamentary forms of government a sunset provision. I offered it in com- after the fact. And sometimes we are around the world because our framing mittee. I offered it with the gentleman not even sure when it gets into the bill, fathers, I think with exceptional wis- from Texas [Mr. DOGGETT] on the un- whether it is before the vote or after dom, recognizing the ability of people funded mandate provision yesterday, the vote, because the bill generally who exercised sovereign power to abuse and I am going to offer it sometime does not get assembled at 11 o’clock at that power sometimes; so, they sever this afternoon in conjunction with him night when the conference reports are that power into the three branches of on this bill. worked out. government, making us equal and dis- If we really want to see whether an We have all had those experiences, tinct, but counterbalancing one an- Executive would violate our trust in but to cure those limited experiences, other so that ultimately the will of the our delegation of authority, we have to to cure the study of the worm that the people, without revolution, can be do something substantial; I agree with gentleman from New York [Mr. SOL- heard and make the proper corrections. that. This bill does that. It is some- OMON] talked about for $34 million does

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1092 CONGRESSIONAL RECORD — HOUSE February 2, 1995 not justify a delegation of authority to act appropriately. So what I am sug- The line-item veto is an important the President that cannot be reclaimed gesting, Mr. Chairman, is that the step in the direction of positive change in the future except with a two-thirds Members on the minority side have a and fiscal sanity. We must do it, and majority of the Senate. That is uncon- vote for as stringent or as hard a bill as we must do it now. scionable. I think we could imagine they can get Make no mistake about it, the real We have the opportunity to pass a re- by statute, delegating extraordinary line-item veto is the only way to go. sponsible, strong piece of legislation. I powers to the President of the United Do not be fooled by calls to pass a wa- say that although in my basic nature I States. The only insurance policy I am tered down version as the 103d Congress am against any action that would de- asking for is, let us limit that delega- did—it did not work and it will not stabilize the balance of the three tion of authority to 5 years, and if work now. branches of government—and I think there is abuse, we may not be able to Expedited rescission is not the line- this will—I will support this bill and change that law because we may not be item veto. The only real line-item veto put faith in this President and in the able to override a veto by a two-thirds bill on this floor today is H.R. 2. next President for 3 years, but if there vote of the House and a two-thirds vote The Clinger bill is the only one which is an abuse, we know full well that we of the Senate, but at least we can know forces the House to override the Presi- are going to have that cease and have that that abuse and that arbitrary ac- dent’s veto by a two-thirds vote. And to take action again to delegate that tion of that Chief Executive, whoever thus, it is the only way to prevent this authority away from that President he may be, can only occur while the House from spending taxpayer dollars whoever he may be 5 years from now. I statute will have full force and effect, on pork projects inserted into bills in think that is a reasonable proposition and that it will be sunsetted by a pro- the dark of night or during con- I urge my colleagues to stop march- vision in that statute. ference—times when Members know ing across the bridge in such formation I urge my colleagues to support that that a majority of this body will never that they are going to bring the bridge amendment when it is offered, and fur- have the opportunity to take a sepa- and the Constitution down, that they ther, I urge my colleagues to have a rate vote to strike questionable are going to bring the system down. I good debate on this question. I think it projects. would urge the 230 Members of the ma- is important. I think the American Mr. Chairman, let us face it, some- jority to think about the amendment people do want to see responsible gov- times we in Congress cannot help our- that will be offered this afternoon on ernment. I think we have had an oppor- selves. We want to help our districts the sunset. It does not weaken their tunity here in the last days of the un- with earmarks and the like, and we provision; it does not weaken the au- funded mandate debate, and I want to think that it is no big deal in such a thority of the President. The only compliment my friends on the Repub- large Federal budget. thing it does, it buys a 5-year policy, lican side. I saw an ability to start But it is a big deal, especially when that if a future President or this Presi- moderating things by taking the fact you multiply those $500,000 or $1.45 mil- dent abuses that authority, the Con- that we did have some ideas on this lion expenditures by 435 House Mem- gress would have to take to take no side that did help perfect and improve bers and 100 Senators. further action His authority for so act- the legislation. Senator Dirksen was right when he ing would cease to exist 5 years from I think the people of the United said, ‘‘a billion here, a billion there, the passage of this bill. Is that so un- States, including, quite frankly, people and pretty soon you’re talking about reasonable? in my district in Pennsylvania that I real money.’’ And let me remind the Members have talked to, want this center aisle Unfortunately, when we now speak of again that there are strong feelings in to disappear. They want us to get off our national debt, we are talking tril- the House on both sides. Did the Presi- the idea that what is good for the Re- lions, not billions. Even Senator Dirk- dent of the United States have the con- publicans is bad for the Democrats and sen would have been shocked at this stitutional or statutory authority to what is good for the Democrats is bad sorry fiscal situation. act by executive order to appropriate for the Republicans. They want us to We know that the line-item veto more Federal tax money to guarantee ask the question, ‘‘What is good for works in the States, the laboratories of the loans of Mexico, exceeding the America?’’ democracy. It has been field tested total Foreign Affairs appropriation I think what is good for America is with highly successful results and it is each year of this Congress? I think to put the tools together to help get time to apply it to the national model. that is a question to be answered. control of our fiscal situation in the And let us not get sidetracked with I do congratulate the President for United States, but, on the other hand, arguments about tilting the balance of taking extraordinary executive action, they do not want us to so unbalance power—the fiscal balances of our great but that does not excuse him if he did the fine-tuned balance between the Nation have tilted toward debt and def- it without statutory authority or con- three branches of the American Gov- icit too long. stitutional authority. Luckily, in our ernment under the Constitution that Mr. Chairman, let us pass the line- system we will get to try that issue at we might work havoc on the very sys- item veto bill. some future date without affecting his tem we were sent here to defend. b 1220 ability to carry on foreign affairs or to Mr. CLINGER. Mr. Chairman, I am reverse the action he has taken. But now pleased to yield 2 minutes to the Mrs. COLLINS of Illinois. Mr. Chair- when we get down to every appropria- gentleman from Massachusetts [Mr. man, I yield 4 minutes to the gentle- tion of every department, every agen- BLUTE], a prime cosponsor and author woman from Florida [Mrs. MEEK]. cy, and every bureau, every program of of this important legislation. Mrs. MEEK of Florida. Mr. Chair- the U.S. Government, I am not sure Mr. BLUTE. Mr. Chairman, the time man, I serve on the Committee on Gov- that we want to delegate that type of has come to pass a real line-item veto ernment Reform. I have heard the ar- authority. for the President. Proposals for a line- guments for and against the line-item Quite frankly, in States that I have item veto have been kicking around veto. I have read numerous reports and seen, some Governors have used this Capitol Hill for decades. analyses. I have heard from my con- authority to force members of the leg- Two years ago, the line-item veto stituents and from my colleagues, both islature to come to their conviction or lost by only 21 votes, last year by only pro and con, and noted arguments activity or to punish them by deciding 13 votes. ranging from James Madison’s intent to spend no funds in particular areas This year, we have an opportunity to 200 years ago to concerns about bal- by the exercise of their line-item veto. finally do what we should have done ancing the budget. I urge my colleagues on the Repub- long ago. And I believe that we will The question that keeps coming up in lican side and my colleagues on the win. Because Congress, along with peo- my mind is what is the rationale for Democratic side, because this is really ple from all over America, has come to the line-item veto? Why is the House so a bipartisan effort, to come to grips realize that in order to get our budget anxious to alter the constitutional bal- with our deficit and our debt and the under control we need to give the ance of power between the legislative inability sometimes of this Congress to President this fiscal tool. and executive branches? Why? Why are

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1093 we so anxious to bolster the power of Why empower a tiny minority, just than to save. Today the policy issue is the President and to bolster the power one-third of the House, to control the if you want to save it, go with the of a minority of the House at the ex- aspects of Government policy, large tougher version, the version that is in pense of our constitutional power? and small? We must be sure that we H.R. 2. If you want to spend it, go with It is a very scary initiative, Mr. keep the powers that the Constitution the amendments that are going to try Chairman, the initiative that you will gave to us. and gut it and make it easier to spend find in the line-item veto bill. I came to this House after 129 years it. That is the policy issue. I think that this line-item veto will of not being able to get here, to partici- Some can say it is an issue over 72 is a constitutional equivalent of the pate in the governance of this Govern- votes. Some can say it is an issue over huckster’s snake-oil cure of years gone ment, not to give up the legislative whether or not there is a shift in Gov- by. The claims are inflated, they are branch powers to the executive branch. ernment power. What it is, is an issue exaggerated, the content is question- Mr. GOSS. Mr. Chairman, I yield my- over whether we are going to spend or able, the results are unknown and un- self such time as I may consume. whether we are going to save. predictable. No one has tested the im- Mr. Chairman, the blizzard of num- pact, either fiscal or otherwise, of a bers and figures that define our annual We have voted on measures in the line-item veto power being given to our budget deficits and the accruing na- past that have been labeled ‘‘line-item President. tional debt sort of tends to numb us. It veto.’’ They are not real line-item veto. I shudder to think of some of the is a sort of my-eyes-are-glazing-over We have never passed a bill that shifts Presidents we have had in history hav- type of situation. We talk about the the burden, that requires Congress to ing the enormous power which we will billions, the trillions, the several hun- say ‘‘no’’ to a President’s spending cuts give him through the line-item veto. dred billion dollar annual deficits we and force Congress then to come up Some people seem to think we need face, the $4.5 trillion in rising debt we with a two-thirds majority to make it. The claim is that this bill will re- are passing along to our children. that ‘‘no’’ stick and spend the money duce Government spending. It seems to These aggregate numbers can often that the President wants to cut. me that at the very best, Mr. Chair- seem very far away and unreal, espe- These are tough measures, I admit it. man, this bill has only the potential to cially when you are standing in a won- They are the tough measures the Presi- reduce Government spending. The po- derful place like this. dent asked for. But our budget prob- tential rests right here, Mr. Chairman, But when we bring those numbers lems are tough problems, and they are here in the Congress, with or without down to the individual level of our the ones that the people we work for, this amendment. That is why we were daily lives, when we realize that our the American people, have brought to elected. Each of us has 600,000 constitu- debt translates into approximately our attention, most recently in Novem- ents. They elected us to make the deci- $18,000 of liability for every man, ber. sions we are trying to give to the woman, and child right now, today, in We have a system where it is just too President. our country, that is a tremendous bur- Mr. HOKE. Mr. Chairman, will the easy for low priority or wasteful pro- den to carry. gentlewoman yield? grams to make their way into massive I heard testimony yesterday in the Mrs. MEEK of Florida. I yield to the spending bills and onto the President’s Committee on Rules that, well, it is gentleman from Ohio. desk where they do slide into law be- Mr. HOKE. I appreciate the gentle- not really that bad, because we have cause he has got to sign the whole bill. woman yielding. all these national treasures out there No one would argue that a line-item I would answer the question as to that we can use as assets to offset that veto on its own will make our budget why we have to do this now. It is be- debt. I do not know whether there is a problems disappear. No one is claiming cause we are $5 trillion in debt, and we distinction there about cash flow or that. But clearly our fiscal crisis goes spend and spend and spend and spend, not, but I have not heard any serious much deeper than the abuses we have and the pendulum has to swing back. proposals to sell Yosemite or the Grand seen of the appropriations process and You say there are no models, but I Teton Park or any of those places, so I discretionary spending. would suggest to you that this has been would suggest those may be assets, but I am amused today to see that we are used repeatedly. We have got 43 States they are not liquid assets, and that going to have an amendment that sud- that have some form of a line-item $18,000 of liability is real. And it is real denly we are going to open the door veto, and there have not been problems at tax time, because we are paying a and all the skeletons are going to fall in those States. It has just given the huge, huge interest on an incredibly out and we are going to find out some- Governor additional power. enormous national debt. It is a problem how or another there somewhere have Mrs. MEEK of Florida. Mr. Chair- there with real weight that Americans been abuses. Imagine that. I am de- man, I must reclaim my time. I would have felt increasingly over the years. lighted for that opportunity to review like to say I come from a State that The time has come. I think the need those abuses, because once we review had the line-item veto. We have had to change the process has been ex- them, maybe we can stop them. Governors abuse that power. There is pressed, and the outrage against politi- Still, H.R. 2 marks the beginning of a the potential there. cians, frankly, who have not taken cor- To me, if there is just that small po- rective action. And we are the people. monumental effort to change the way tential of abusing that power, I feel We are those politicians. Congress does business and restore pub- that we should keep that separation of That is why an overwhelming major- lic confidence in its ability to manage power. ity of Americans support a balanced the Nation’s finances. This is one piece Mr. Chairman, did not this body, budget amendment and a line-item of the puzzle, and it is a necessary step with great fanfare and expectation pass veto. And they are fiscal tools, we on the road toward better management the Gramm-Rudman bill in 1985 to get admit that. They are not magic rem- which we are asked to achieve here as control? That did not work. We passed edies. They are fiscal tools that will part of our public trust. the second Gramm-Rudman-Hollings help bring the Federal budget process H.R. 2 says to Congress that if a bill, that did not work. We passed the under control. President wants to line out certain Budget Enforcement Act in 1990 to do Today we begin the task of imple- spending, the Congress cannot hide the same thing, to control the sky- menting a line-item veto. It is a mile- anymore. Unlike current law, which al- rocketing Federal deficit. Here we are stone clearly in the mission of budget lows Congress to ignore a President’s today still hoping. reform. It is not the only one. For all spending cuts and get away with spend- We have enough procedural things the rhetoric in the past years, this ing the money, under H.R. 2 the Con- behind us, Mr. Chairman, to stop House has never demonstrated its com- gress is going to have to come out into spending. It is up to us as the Congress mitment to a real line-item veto, one the sunshine and make its case. The to do this, and not to give the Presi- which actually makes it harder to harsh glare of accountability, coming dent these enormous powers. Why are spend money than it is to save it. up with that extra level of support to we going to cede our legislative powers We have always tilted it the other insist on spending what the President to the executive branch? way. We have made it easier to spend opposes. Remember, insist on spending

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1094 CONGRESSIONAL RECORD — HOUSE February 2, 1995 when the President says don’t spend it. Let me tell my colleagues, if I were ers, and that is one that goes back That is the issue. to be a lobbyist, I would want to be a through American history to under- During the course of this debate we tax lobbyist. That is where the money stand. will hear principled arguments from is. That is where they can make the There was a day when a President of people who strongly believe that the changes that really benefit their client the United States could take the budg- line-item veto gives too much author- in a big way and sneak it in, and it is et from the judicial branch of govern- ity to the President. It is an inter- there forever. esting argument; it is an important ar- This bill keeps those special privi- ment, put it together, change it and gument, but it is not the main issue. leges in the law. This bill says that if submit it to the Congress. And, of We will hear that we should set up an any special provision benefits 100 or course, when something can be abused, approval process instead, so that a sim- fewer people, then the President can- invariably at some point it will be. ple majority of Congress can block a not do anything about it. Well, those Well, it was a Democratic President, President’s spending cuts. I understand are exactly the tax provisions that he and that Democratic President, when that argument and respect its pro- ought to be able to veto, because those he could not pack the court and when ponents for their commitment to pre- are the special privileges, the tax pref- the court did not agree with his New serving the institutional power of Con- erences, for example, that may benefit Deal legislation, he decided he was gress. But I believe, and I truly believe 101 billionaires, 101 oil drillers, 101 going to take away the court’s money this, that the American people have chemical or pharmaceutical compa- for bailiffs, to take away the court’s asked us to deliver the toughest pos- nies. And do not for a minute believe travel money, to punish it, the court, sible line-item veto, one that makes it that the tax lobbyists do not know ex- in every way possible. And he did that. harder to spend their hard-earned tax actly what they were doing when they And so a law was passed in 1939 to say dollars and easier to save the money. put that provision in this line-item the executive branch cannot change veto, just as they knew what they were b 1230 the operating expenses of the judiciary doing when they put it in every tax branch. It has to be left to the legisla- That is what we pledged to do in the bill. Contract With America, and that is So if we are going to pass it, let us do tive branch to do that because the leg- what H.R. 2 delivers to the floor. it right. islative branch does not have the same Mr. Chairman, I reserve the balance Now, the gentleman from South conflict of interest. of my time. Carolina [Mr. SPRATT] and I have an Now, today, when the Justice Depart- Mr. BEILENSON. Mr. Chairman, I amendment to correct this. I would ment is the principal litigant before yield such time as he may consume to hope that every Member, there are a the Supreme Court, when there is the the gentleman from Virginia [Mr. few Members in this hall, but I would greatest potential for conflict of inter- MORAN]. trust there are more Members watch- Mr. MORAN. Mr. Chairman, I thank est, we are going to go one step fur- ing this, they may call their Member the gentleman for yielding time to me. ther. Not only are we going to repeal This, again, is a bill that responds to and Members that are seeing this, the intent of that 1939 law that has the American people. The American please, when the gentleman from South still been on the books for good reason, people think that one of the answers to Carolina [Mr. SPRATT] speaks, listen to we are going to say, after the Congress the problems in American is to give the him carefully. He has a compelling ar- has acted on the appropriation for the President extraordinary control over gument for why this provision has to judiciary branch of government, the the Congress. Well, it is going to pass. be included in this line-item veto, if it President can go in and repeal, can But I would like to remind my col- is going to be a bill that reflects any veto, can do anything he wants or she leagues of some of the potential pit- real integrity of this body. wants, some day, to any operational The second concern is even a more falls of it and also to emphasize some function of the judiciary branch. fundamental concern. For the last sev- areas that drastically need improve- eral years, any taxpayer that wanted And not only can he do it on a line ment. to lash out at the Congress, many of us item, as the chairman of the commit- One of the flaws in this bill is that would grab the lash first and say, ‘‘No, tees mentioned earlier, he can reach there is a little-known provision that wait, let me do it. I will lash myself right down into any aspect of any line- says that the President can only line- and all my colleagues, too, and I can do item appropriation and specifically item veto tax provisions that affect 100 it so it hurts even more than it would pull money out, can specifically punish or fewer taxpayers. I would submit to hurt us if you do it, because I know a particular circuit court that needs to my colleagues that the real abuse of where it will really hurt.’’ expand or judge that needs more the taxpayers’ money is not on the ex- We have been bashing ourselves. And clerks, can do any number of ways to penditure side, it is on the tax side, be- now, in keeping with that effort, what punish the judiciary branch of govern- cause on the expenditure side, we have we are going to do is to give over the ment. Talk about breaking the concept to go through the scrutiny of appro- power of the purse, we are going to give of separation of powers. priations committees. Invariable every it to the President. questionable item gets debated on the Now, some years that is going to be b 1240 floor of the House of Representatives, fine, if we are in the same party as the exposed to the public, that is the way President in the White House. Other Talk abut making this country’s de- it ought to be, and for the last several years we are going to realize it never mocracy vulnerable to people who years has been defeated. But not so should have been done. But in the long would like to abuse it, that is what we with tax provisions. Those we can run, the American people are going to are opening ourselves up to. sneak in. We sneak into a tax bill thou- realize that this Congress will have se- sands of pages, and all it takes is a lit- Mr. Chairman, I have an amendment riously tipped the balance of powers that will be coming up very shortly tle line. Hundreds of billions of dollars that our forefathers insisted upon, un- of taxpayers’ money is lost because we that would not allow the President to derstood how important it was. They do that. It is not that we do not trust do not scrutinize what is in this Tax put it into our Constitution, and we are Code in terms of special privileges and the President, but we trust our Found- essentially going to take it out. ing Fathers more. We trust the U.S. because of the very nature of the tax So I would hope we would think long Constitution more than what we will process. and hard before we give such extraor- do today or this year or during this Every single tax bill is a Christmas dinary power to the President to pun- first hundred days. We trust the Con- tree, a giant Christmas tree that con- ish individual Members of the Con- tains thousands of provisions that gress, to punish the Congress as a body, stitution, our Founding Fathers, to make it impossible for us, any indi- but most importantly, to be free of the know what is right and to know that vidual Member of Congress, even the balance of powers that has made this the separation of powers is intrinsic to chairman of the Committee on Ways the greatest democracy on Earth. the operation of this government. and Means, I would suggest, to know Now, there is a specific additional We have some very serious problems what is in that entire tax bill. issue with regard to separation of pow- with this bill. I respect the people who

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1095 put it together, but I know we are Mr. Chairman, we may differ on tails of our own budget to the Presi- going to have a constructive debate on whether the line-item veto will reduce dent and a minority of the Senate, it is those provisions. I thank the gen- Federal spending. For example, Penn- unlikely we will ever be able to reclaim tleman from California [Mr. BEILEN- sylvania has a line-item veto. Its total it. SON] for yielding me this time. debt has tripled since 1982, growing Mr. Chairman, I include, for the The CHAIRMAN. The time of the from $6.2 billion in 1982 to $16.5 billion RECORD, a table showing the increase gentleman from California [Mr. BEIL- in 1994. For all of the States, total debt in debt for each State between 1984 and ENSON] has expired. has doubled in just 8 years, growing 1992. Mr. CLINGER. Mr. Chairman, I am from $186 billion in 1984 to $372 billion The material referred to follows: pleased to yield 2 minutes to the gen- in 1992. tleman from New Jersey [Mr. At a hearing last month on this bill, STATE GOVERNMENT DEBT OUTSTANDING AT END OF LOBIONDO], a member of the com- Mr. Chairman, the director of the Con- FISCAL YEAR mittee. gressional Budget Office testified: [Thousands of dollars] Mr. LOBIONDO. Mr. Chairman, I ‘‘Evidence from the States suggest that 1984 1992 thank the gentleman from Pennsyl- the item veto has not been used to hold vania for yielding time to me. United States ...... 186,378,896 371,800,683 down State spending or deficits, but Alabama ...... 2,896,714 4,128,724 Mr. Chairman, this month we have rather has been used to State Gov- Alaska ...... 6,529,672 4,941,602 taken the historic steps toward requir- Arizona ...... 607,720 2,648,942 ernors to pursue their own priorities.’’ Arkansas ...... 703,344 1,942,189 ing government to live within its own Mr. Chairman, I had the honor of California ...... 13,553,823 37,823,709 means by passing the balanced budget serving in the Pennsylvania Legisla- Colorado ...... 1,256,257 2,977,116 Connecticut ...... 5,489,783 11,956,902 amendment. Today we have before us ture prior to being elected to the Con- Delaware ...... 1,909,003 3,541,000 another tool to cut spending, the line- gress. The experience from Pennsyl- Florida ...... 3,909,566 12,295,486 Georgia ...... 1,842,122 4,470,781 item veto. vania demonstrates how the executive Hawaii ...... 2,512,093 4,656,763 Many of us recognize that we live in branch can use this power. Idaho ...... 574,359 1,292,022 Illinois ...... 8,636,544 18,741,830 tough times. Tough times require bold In the 1983–84 fiscal year, the Penn- Indiana ...... 1,563,271 5,171,670 initiatives and bold leadership. H.R. 2 sylvania Legislature initially refused Iowa ...... 651,311 1,863,947 Kansas ...... 356,136 485,787 is a bold initiative that demonstrates to adopt the budget submitted by the Kentucky ...... 3,384,183 5,518,526 bold leadership. Governor, including his proposals to in- Louisiana ...... 6,517,978 9,994,068 Maine ...... 1,195,410 2,637,052 I do not believe we can any longer crease taxes. The Governor responded Maryland ...... 4,761,182 8,334,061 hold the taxpayers hostage by includ- by cutting from the State Senate 62 Massachusetts ...... 8,885,155 24,008,036 Michigan ...... 5,222,480 10,356,583 ing wasteful and at times silly spend- percent of the Senate’s budget, includ- Minneosta ...... 3,388,868 4,143,203 ing in important legislation. Right now ing Senators’ salaries and expenses, Mississippi ...... 1,025,222 1,626,737 Missouri ...... 2,631,236 6,301,143 we put the President in the position of and by completely eliminating salary Montana ...... 696,071 1,887,877 signing a good bill that has wasteful and mileage expenses for Members of Nebraska ...... 606,254 1,764,223 Nevada ...... 864,520 1,934,144 spending in it, or vetoing the wasteful the State House. New Hampshire ...... 1,734,333 4,313,471 spending, or vetoing a good bill to get This episode has affected all subse- New Jersey ...... 11,644,014 19,736,201 New Mexico ...... 1,150,884 1,605,048 the wasteful spending out of it. It is quent negotiations between the legisla- New York ...... 29,390,713 65,888,432 not a good situation. ture and the Governor, not just on North Carolina ...... 1,885,929 3,819,102 North Dakota ...... 444,756 1,027,156 Mr. Chairman, H.R. 2 will change budget and taxes but on nonspending Ohio ...... 6,664,321 12,193,154 this. It does not give the President the bills. Oklahoma ...... 3,041,744 3,658,022 Oregon ...... 8,544,694 4,296,060 authority to rewrite the budget or to While the President may know the Pennsylvania ...... 6,637,824 12,962,120 spend money on something else, but it most efficient way to run the executive Rhode Island ...... 2,291,705 5,150,733 South Carolina ...... 3,241,814 4,864,627 does allow the President to cut out branch, he does not know the most effi- South Dakota ...... 917,562 1,060,222 pork barrel spending for one reason and cient way to run the Congress. Indeed, Tennessee ...... 1,735,309 2,906,396 Texas ...... 4,009,048 8,001,175 one reason only, to reduce the deficit. a future President may want to make Utah ...... 1,200,096 2,153,233 That is what we want to get at. Congress less effective in its oversight Vermont ...... 809,901 1,542,671 Virginia ...... 2,901,912 7,402,641 In my home State of New Jersey, like of the executive branch. Washington ...... 3,098,219 7,191,966 42 other States across the Nation, we The appropriations bill for the Con- West Virginia ...... 1,633,392 2,594,324 Wisconsin ...... 3,552,127 7,296,851 have a line-item veto for our Governor. gress provides funds so that the Con- Wyoming ...... 716,320 894,768 It works in New Jersey, and it can gress can hire staff, such as the Gen- work in the U.S. Congress. eral Accounting Office and the Con- Mr. SOLOMON. Mr. Chairman, I yield Line-item veto is another tool for gressional Budget Office, to do its job, 3 minutes to the gentleman from Ten- deficit reduction. We all agree that we even though frequently their jobs in- nessee [Mr. DUNCAN], who is a lifelong need to reduce the deficit. volve presenting conclusions that the resident of Knoxville, TN. He succeeded We have been working in a bipartisan President dislikes. This function is dif- his father here, who was one of the nature to provide positive and mean- ferent from what the report of the most respected men in this House. He ingful change to the American people. Committee on Government Reform and has been a fighter, since the first day Let us continue that bipartisan effort. Oversight says it is seeking to elimi- he came to this body, for a line item Let us vote for deficit reduction by nate in H.R. 2, which is called ‘‘log roll, veto, and he is finally getting his voting for H.R. 2. pork barrel projects.’’ chance. Mr. CLINGER. As a point of inquiry, The appropriations bill for Congress Mr. DUNCAN. Mr. Chairman, I rise in Mr. Chairman, may I inquire how much is also more detailed than the appro- strong support of this line item veto time is remaining for all participants priations bills for the executive branch legislation. in this debate? agencies. The committee’s report says Mr. Chairman, I first want to thank The CHAIRMAN. The gentleman ‘‘We do not itemize appropriation bills my good friend, the gentleman from from Pennsylvania [Mr. CLINGER] has and see no reason to do so. For the New York [Mr. SOLOMON], with whom I 231⁄2 minutes; the gentlewoman from most part, Congress provides large have worked so closely on this issue in Michigan [Miss COLLINS] has 18 min- lump sum accounts for agencies,’’ but the past, for yielding me this time. utes remaining; and the gentleman the appropriations bills for the legisla- Mr. Chairman, when we pass this leg- from Florida [Mr. GOSS] has 19 minutes tive branch are very detailed. islation a little later, I think there is remaining. Mr. FATTAH. Mr. Chairman, under no one in this House who will deserve Miss COLLINS of Michigan. Mr. the bill, the President says we can re- more credit for it than the gentleman Chairman, I yield 31⁄2 minutes to the duce funds appropriated for a par- from New York, GERRY SOLOMON. I con- honorable gentleman from Pennsyl- ticular House committee, perhaps in gratulate him for his work on this very vania [Mr. FATTAH]. response to an oversight investigation important piece of legislation. Mr. FATTAH. Mr. Chairman, I thank by that committee. Mr. Chairman, on the first day of the gentlewoman for yielding time to In conclusion, Mr. Speaker, if we pass every Congress since I was elected in me. this bill and give up control of the de- 1988, I have introduced a line item veto

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1096 CONGRESSIONAL RECORD — HOUSE February 2, 1995 bill that is almost identical to the one I also, by the way, congratulate the Mr. SPRATT. I thank the gentle- that we are considering now, H.R. 2. Committee on Rules and all those who woman for yielding me the time. While past Congresses have been un- discussed this, because I think this is Mr. Chairman, the bill before us willing to pass a line item veto with an important piece of legislation, a lit- passes up a practical solution, expe- real teeth in it, and in fact we passed tle more complex than some people re- dited rescission, which this House has one that the Wall Street Journal in alize, and I think the amendment proc- voted for on 3 separate occasions, a so- 1993 called a voodoo line item veto bill, ess will allow that discussion to take lution that is clearly constitutional, I am pleased that today we are on the place. I think we are going to have a and takes up instead a novel solution verge of approving a line item veto bill good time with that and perhaps learn that is constitutionally in question. that will truly be effective in reducing a lot about it. pork barrel spending. I also think that the statutory line- I know that the Congressional Re- Mr. Speaker, this is not a partisan item veto is a good step. I believe in search Service has sifted through all issue. Forty-three of our Nation’s Gov- the double-step process. I believe that a the case law on delegation of powers ernors, both Democrat and Republican, President should understand if he or and come to the conclusion that this already have the line item veto and are she vetoes something, it is going to bill is probably constitutional. But as using it to cut spending in their States come back over here and if indeed it is Judge Bork put it in an article he and balance their budgets. It is time overridden by a majority, a veto would wrote some time ago about the line- for Congress to give this same tool to have to happen again, and it would be item veto, ‘‘A solution that nobody has the President, so that he can eliminate a two-thirds vote at that point. I think thought of for 200 years has the burden the most outrageous examples of that is going to make people sit up and of persuasion, especially in constitu- wasteful and unnecessary spending take notice. tional matters.’’ without vetoing entire appropriation The history of the line-item veto in bills. the United States of America is long Those who claim that we can give the The General Accounting Office esti- and is very important. It was first pro- President line item veto authority bear mated in 1992 that more than $70 bil- posed by President Grant in 1873 and by the burden of explaining to us how we lion of pork barrel spending could have more than a dozen Presidents since. can amend the Constitution by statute. been cut between 1984 and 1989 if Presi- Ronald Reagan said as Governor, ‘‘I They have to explain to us in all fair- dents Reagan and Bush had had a line found this item veto is a powerful tool ness, I think, why it is that no Presi- item veto. The Cato Institute esti- against wasteful or extravagant spend- dent has ever noticed that he had this mates that $5 to $10 billion a year ing.’’ It was introduced in this body in authority implicit in the Constitution could be saved with the line item veto. 1876 and there have been 200 resolutions for over 200 years. Just last week in his State of the since that particular period of time. Let us start with George Washington. Union address, President Clinton high- It has a significant history. I did ex- lighted some of the most absurd exam- He presided over the Constitutional ercise the line-item veto as Governor Convention. When he was asked what ples of pork barrel spending approved of the State of Delaware. President by the 103d Congress, and said ‘‘If you were his powers under the presentment Clinton did it as Governor of the State clause, he answered succinctly. give me the line item veto, I will re- of Arkansas. We know that 43 Gov- move some of that unnecessary spend- ernors have this. I do not know of a ‘‘From the nature of the Constitu- ing.’’ single State that is trying to rescind tion,’’ said Washington, ‘‘I must ap- Mr. Chairman, I wish we did not need it. I do not know of a single legislature prove all parts of a bill or reject it in such things as a balanced budget or Governor who is really fighting it. toto.’’ amendment and a line item veto to What it really means, in truth, is bring our Federal spending under con- William Howard Taft was both Presi- that you sit down and work out your dent and Chief Justice. He once wrote, trol. Unfortunately, however, Mr. budget together and you bring the ex- Chairman, Congress has proven time ‘‘The President has no power to veto ecutive branch into the process. After and again that it does not have the will parts of the bill under the Constitution all, the executive, or the President in to cut spending on its own. That is why and allow the rest to become law. He this case, presents a budget, the Presi- legislation such as H.R. 2 is so very must accept it or reject it in its en- dent lives by the budget, and the Presi- necessary today. If the Congress does tirety.’’ dent is the one that has to carry it out not really want to cut spending, it will with their various agencies. Where Judge Bork and William How- have to say so and say so publicly. I think the President should be in- ard Taft have refused to tread, the au- Mr. Chairman, with a national debt volved in setting that budget process thors of this bill rush in. In effect, they of over $4.7 trillion, we simply cannot and also, if there are the pork-barrel say, ‘‘Even if the Constitution doesn’t afford to withhold this important tool give the President this power, Congress from the President any longer. Former projects that we hear about, I believe can confer on the President by statute Senator Paul Tsongas, writing in the the President of the United States Christian Science Monitor a few should be one named as an involved powers that the President doesn’t have months ago, said that if present trends party and having been a party to that. under the Constitution.’’ continue, the young people of today That is what happens in this particular The bill does not use the words, but will face average lifetime tax rates of instance. the device it employs to confer the This will in my judgment address un- an incredible 82 percent. We must do item veto power upon the President is necessary expenditures. But it will not something about this to give a good delegation. In essence, this bill dele- balance our budget. It is not going to economic future to our children and gates to the President the power to do that. I do not think we should over- grandchildren. cancel out items in a bill in lieu of emphasize that. This will not solve our problems by vetoing the bill in its entirety. itself, but it will be a big step in the I finally do not think that this is an right direction. I urge passage of this extreme shift of activity as we have So this bill takes giant strides. It very important legislation. heard from time to time. It is really shifts enormous power to the President not much of a power tilt. In fact, I by delegation and it is so broad, so b 1250 think the President may underutilize unique, so unprecedented that I think Mr. BLUTE. Mr. Chairman, I yield 2 it rather than overutilize it. it fairly begs the question, ‘‘Is it con- minutes to a distinguished former Gov- I would encourage all of us to support stitutional?’’ ernor, the gentleman from Delaware the line-item veto legislation. Fifty years ago, the Supreme Court [Mr. CASTLE], who is a great leader in Mrs. COLLINS of Illinois. Mr. Chair- said, ‘‘Sweeping delegations of legisla- the line item veto fight and is the only man, I yield 51⁄2 minutes to the gen- tive power are unconstitutional.’’ Member of this Congress who has actu- tleman from South Carolina [Mr. ally wielded a line item veto. SPRATT]. I know that a lot of water has flowed Mr. CASTLE. Mr. Chairman, I thank (Mr. SPRATT asked and was given over the dam since the Schecter deci- the gentleman for yielding me the permission to revise and extend his re- sion came down, and that Schecter has time. marks.) mostly been honored in the breach, as

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1097 our courts have increasingly upheld Mr. GOSS. Mr. Chairman, I yield 2 ment, another way to reduce the def- delegations of power that have become minutes to the distinguished gen- icit, another way to get Government broader and broader with time. tleman from Nebraska [Mr. BEREUTER]. out of our wallets. But 7 years ago in Bowsher versus (Mr. BEREUTER asked and was The time to act is now. Congress given permission to extend his re- Synar, a case dealing with the budget must get its house in order, because marks.) authority of the Congress, dealing spe- the American people are tired of more cifically with sequestration, which was Mr. BEREUTER. Mr. Chairman, I rise in strong support of H.R. 2, the of their money going for wasteful gov- much like a veto, the Court issued a ernment programs and they are weary caveat for us to beware of. It said, Line Item Veto Act. It is an important tool in the battle to reduce the spend- of the excuses by Congress for the The ultimate judgment regarding the con- spending. It is out of control. stitutionality of a delegation must not be ing that will be given to the President made on the basis of the scope alone but on through the line item veto authority. We have heard many times the na- the basis of its scope plus the specificity of I particularly appreciate the time tional debt is over $41⁄2 trillion, $18,000 the standards that govern its exercise. When yielded to me today by the distin- for every man, woman, and child. My the scope increases to immense proportions, guished gentleman from Florida, be- daughter, Madeleine, who was born 6 the standards must be correspondingly more cause it is an opportunity to speak on months ago, was saddled with this huge precise. what has been for me a long-time com- debt for the future. The debt not only This is the caveat sent to us by Bow- mitment to my constituents, a con- jeopardizes future economics and fu- sher versus Synar, the caveat we tractual arrangement, you might say. ture earnings, but it jeopardizes the fu- should heed here. The broader the For more than 10 years now, I have ture of our grandchildren and our great scope, the stricter the standards. been saying in response to my con- grandchildren. There is no question about the scope stituents’ concerns that I think there We can no longer allow this reckless of this bill. It is immense, it is broad, are two fundamental changes that it is as big as the powers of 13 different spending without an avenue to remove must be made to deal with our con- it. Just last year we spent money to appropriation bills that we pass every tinual deficit problem: One is the bal- year, all discretionary spending. study insect noise and to study lob- anced budget amendment and the other sters. Sounds like a lot of pork to me. In effect what we are saying here is is the line item veto for the President. the President can choose to do what- The line-item veto provides a power- ever he pleases with 13 different appro- b 1300 ful check on congressional pork. Forty- priation bills adopted into law each So, since 1985 I have been cospon- three States have the line-item veto to year by the Congress. soring legislation which would grant balance the budget, to cut the fat. The What standards, what guidelines con- the President the line-item veto. It has U.S. Congress should follow this move- trol what the President can do? What been frequently mentioned that 43 Gov- ment. tells him where the purpose of Con- ernors have this tool at their hand, and Congress has proved incapable of gress lies? it has been well used in those States. making the tough decisions. The public First of all, this bill says that when In fact, in my home State we have an has asked us to pass this bill and we the President cuts out spending, or re- extraordinarily powerful version of it. should, if not for ourselves, then let us scinds, the rescission must reduce the We can actually have our Governor pass this for the American families we deficit or the national debt and limit mark down expenditure items, not only are here to represent. discretionary spending. mark them out. But, ladies and gentlemen, that is It will enable us through the Presi- Mrs. COLLINS of Illinois. Mr. Chair- tautological. By definition, anything dent’s authority to strike a pen to the man, I yield 3 minutes to the gentle- that cuts spending will reduce the def- pork barrel projects that too often find woman from Michigan [Miss COLLINS]. icit. So this is not a standard. their way into appropriations bills. (Miss COLLINS of Michigan asked Next the bill says the rescission must This power given to our Governors in 43 and was given permission to revise and not impair essential governmental States has been a successful tool in dis- extend her remarks.) functions or harm the national inter- couraging unnecessary expenditures at Miss COLLINS of Michigan. Mr. est. What does that mean? the State level. I think the President Chairman, I thank the honorable gen- The standard is so subjective that can be well vested with this power as tlewoman from Illinois for yielding me the President can fill it any way he well. wishes. It is so vague that it is mean- I urge my colleagues to support this this time. ingless. legislation. It is one of the funda- Mr. Chairman, I rise in strong opposi- I know that in decisions from J.W. mental, institutional changes we can tion to the line-item veto bill. I op- Hampton to Mistretta dealing with the and must make. Obviously, with only posed it when the White House was Re- sentencing guidelines, courts have alone balanced budget in the last 20 publican; I oppose it now; and—for the lowed Congress to hand over enormous years, we not only need a balanced sake of Congress—I would encourage power to the executive branch, the budget amendment, we need this kind my colleagues to do likewise. broadest sorts of power, the broadest of institutional change as well. Mr. Chairman, I for one, believe in kinds of discretion, but it is to carry Mr. BLUTE. Mr. Chairman, it gives the Congress; and while we have had out policies that we spell out and enun- me great pleasure to yield 2 minutes to our problems of late, I cannot support ciate. the gentleman from Washington [Mr. The difference between all those legislating ourselves into irrelevance. TATE], a new member of the Committee We are not children, and we do not cases and this bill is that this bill dele- on Government Reform and Oversight. gates to the President the power not to need a Republican or Democratic Mr. TATE. Mr. Chairman, this legis- ‘‘daddy’’ standing over us and telling carry out but to cancel out legislative lation is of monumental importance to policies, not just to execute the will of us that we do not need items x, y, or z our country. As a cosponsor, as many because ‘‘father knows best.’’ Congress but to, when the President other freshmen are, we are keeping our wishes to, eradicate the will of Con- commitment to the Contract With Imagine, if you will, the incredible gress. America. leverage which the President will have If we want to add a line item veto to The line-item veto means cutting over each and every Member of this the President’s powers, then I think spending, shrinking government and body. Heaven help any colleague who the right way to do it is to amend the that was the message last November. crosses a vindictive President with this Constitution. Until we have amended The line-item veto provides a power- power. The Member will see his sub- the Constitution, the best way to give ful tool for Congress to control spend- committee’s work vanish with the the President the equivalent of a line ing to eliminate pork barrel legisla- stroke of a pen; and simple, routine item veto is by enhancing and expe- tion, and it is part of our Weight items could require their own ‘‘super- diting his authority to rescind. We will Watchers diet for Congress. majority.’’ Are we prepared for that? offer in the course of this debate The line item veto comes on the Remember, my colleagues, Presidents amendments to do just that. heels of the balanced budget amend- can be either friendly or hostile.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1098 CONGRESSIONAL RECORD — HOUSE February 2, 1995 Your friend now could be your nemesis Statements of Administration Policy during the outdated, unneeded programs or in a few years. fiscal years 1984 through 1989, spending could projects that we put into appropria- I ask my colleagues, can we not stop have been reduced by amounts ranging from tions bills. this collective hari-kari once and for $7 billion in 1985 to $17 billion in 1987, for a 6- This will not end, and it is not the year total of about $70 billion. This would have all? We have run this country for over reduced federal deficits and borrowing by 6.7 panacea. The line-item veto does not 200 years, and our system is the envy of percent, from the $1059 billion that actually end Congress’ responsibility for self-re- governments around the world. Now, occurred during that period to $989 billion. straint. As my colleagues noted in our again, I will be the first to acknowl- (Emphasis added.) committee hearings, Presidents, recent edge our problems, but this solution is That is good enough for me. Presidents particularly, are not known far too severe. And it is far too perma- What we are talking about here is for submitting balanced budgets, and nent. I will not cut off my foot to get the creation of an additional deficit re- we should not expect this or any other out of the bear trap. Absolutely not. duction tool. If a carpenter set out to President to save us from ourselves. Mr. Chairman, why on Earth would build a house without a hammer, he We should consider another point, this U.S. House of Representatives would not be able to accomplish much that maybe we are overselling the ben- willingly vote away its power? toward the construction project. If you efits of this bill. The item-veto could We negotiate in our respective com- were the President of the United cut millions of dollars and help Con- mittees for programs which will ben- States, you would also want the tools gress set better priorities on programs, efit our constituents. We win the battle needed to carry out your duties for for example, by eliminating nondefense in committee. We win the battle in ap- that office. In an effort to provide a items in the defense budget, but public propriations. We win in floor debate. balanced budget or to eliminate waste- support of this measure stems in large Then a President, with one stroke of a ful programs and expenditures, the part from the size of the deficit. Many mighty pen, can render all of our hard line-item veto is a vital tool for the are under the impression the item-veto work void and useless. A President can President of either political party. will have a noticeable fiscal impact. hold your district programs hostage to While the enhanced recission alter- But what effect will it really have on votes he wants for other bills. He can native is also a new tool, it is not as the deficit? be very punitive to teach Members a strong as the line-item veto. The line The item-veto has been used, as we lesson. item veto will require a two-thirds vote heard earlier, by 43 Governors. And I Why? Why emasculate the Congress? to reverse a Presidential reduction in served 20 years as a legislator and with Why? Turn our responsibilities over spending while enhanced recission will many Governors, and they enjoyed to the executive branch? require a simple majority. That is es- that authority, and I had the honor and Why? Give up our power to legislate sentially the only difference between privilege of having projects and bills and appropriate? these two proposals. vetoed by both Democrat and Repub- I ask, why—why—why? So the choice before you is quite sim- lican Governors in Texas. Mr. GOSS. Mr. Chairman, I yield 31⁄2 ple. You are either serious about reduc- The item-veto most often is used to minutes to the distinguished gen- ing spending and want to make it as get the attention of those of us in the tleman from Mississippi, [Mr. PARKER]. difficult as possible to avoid doing so, legislature and not necessarily as a Mr. BLUTE. Mr. Chairman, we also or your want to protect this body’s budget-reducing item. I would hope it yield 11⁄2 minutes to the distinguished spendthrift power. would be used for that, not only by our gentleman from Mississippi [Mr. This is really not a balance of power President if this passes, but also by PARKER]. issue. This is an expansion of power Governors. The CHAIRMAN. The gentleman issue. I support expanding the power of I support the measure because I be- from Mississippi is recognized for 5 the President and/or the Congress to lieve it is progress. However, the line- minutes. engage in the practice of fiscally item veto will not control nondis- Mr. PARKER. Mr. Chairman, the mi- reponsible government. cretionary spending, the big-ticket nority whip recently issued a state- More than 85 percent of the Nation’s items like health care costs or interest ment in which he brands H.R. 2 as a Re- Governors have the line-item veto on the national debt. publican proposal under which ‘‘Con- where it has been used as a valuable I believe that the point needs to be gress would cede to the executive tool in helping those Governors keep made clear to the public, let us not branch one of its most important re- their State’s budgets in balance. oversell the benefits of the line-item sponsibilities—the power of the purse.’’ The time for a line-item veto has ar- veto, but we still need to pass it. Well first of all, here is one Democrat rived. If we are going to have a bal- Mr. GOSS. Mr. Chairman, I yield 3 who supports this ‘‘Republican’’ pro- anced budget, the President needs the minutes to the distinguished gen- posal. I am an original sponsor of the tools necessary to produce such a budg- tleman from Huntington Beach, CA legislation before us. In fact, I have et. I urge you to support H.R. 2 as in- [Mr. ROHRABACHER]. supported the concept of a line-item troduced and take a giant step toward Mr. ROHRABACHER. Mr. Chairman, veto from my first day in Congress. fiscal responsibility. the President’s veto power is granted Here is one Democrat who is not pre- by the Constitution, and we have heard pared to just toss aside his party’s b 1310 today the question: Why, why, why claim on a good idea. Mrs. COLLINS of Illinois. Mr. Chair- change this power now or try to have Second, have not we done a fine job man, I yield 3 minutes to the gen- some impact on how this power is in carrying out our most important re- tleman from Texas, Mr. GENE GREEN. being used in this body? sponsibility? Congress has not respon- Mr. GENE GREEN of Texas. Mr. Well, I will be very happy to explain sibly exercised the power of the purse Chairman, I speak today in support of it. Something has gone totally hay- for years. We have been downright irre- the Line-Item Veto Act, and I support wire, and spending is totally out of sponsible with this power. the premise behind the call for the control and has been for decades. Opponents of a line-item veto claim line-item veto, that the Congress has One of the reasons this system is not this is a balance of power issue. I agree. included many questionable items in working is because there has been a There currently exists vast imbalance appropriations over the years, and fundamental change, a diminution of in the power to exercise fiscal responsi- steps need to be taken to remedy the the President’s veto power. Past legis- bility. This is an effort to remedy that problem. lation, especially spending bills, that problem. Today the notion that Congress can went through this body were specific A 1992 GAO report indicated that the control itself is doubted by the public, and usually very, very understandable. line-item veto will work. I refer you to and that is why this is a popular idea. Today we find massive continuing reso- page 5 of the Rules Committee Report In the public’s mind Congress defines lutions and appropriations bills that on H.R. 2: itself with the little things we do as are hundreds, if not thousands, of pages If Presidential line item vote/line item re- well as the big things we do. It is my long that span the issues, that span our duction authority had been applied to all sense that the line-item veto may help whole imagination, and they are very items to which objections were raised in the put an end to the funding of some of difficult to understand. This is how our

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1099 process has evolved, and what has hap- single bill that has been passed by this think we have an opportunity here to pened is the President’s veto power in Congress so far as part of the Contract go above and beyond that. We hear this evolution has been devolved along With America. words like ‘‘power’’ and ‘‘punishment.’’ with this. I think it is important, Mr. Chair- I think one of the problems we are into In short, the President’s veto power man, that we remind ourselves that right now is that we have an oppor- has been neutralized by the evolution this is a very bipartisan effort that is tunity here, unlike other legislation, of how we do our business, and the rea- going forward. Democrats voted on where H.R. 2 says that the President’s son why our spending situation is out every part of the rules package. They rescissions will take effect imme- of control is this constitutional au- voted in favor of the balanced budget diately unless the Congress rejects thority given by our Founding Fathers amendment. Without them we never them. If the Congress rejects them is really no longer in effect. would have passed it. They voted in within 20 days, they go back to the That was never made more clear to favor yesterday of unfunded mandates, President and they will be vetoed me than when I worked at the White nearly half the Democrat Caucus, and again, if he indeed wants that to hap- House for the President of the United on and on, and I think, no, I am sorry, pen. Then it comes back to the House States. I remember when President more than half, substantially more for a two-thirds majority. One of the Reagan stood right here and in a State than half of the Democrat Caucus, and by-products of H.R. 2 will be some dis- of the Union Message had a huge con- I think it is important, Mr. Chairman, cussion, communication, interaction tinuing resolution. Do you remember for the American people to remember between the House and the Senate and that? And he threw it down on this that we are not in the business of doing the President of the United States. I table before us and said, ‘‘Something is the Republican Party’s agenda or the think that is healthy for this Govern- wrong when we have to consider all of Democrat Party’s agenda, but that we ment. this, all or nothing.’’ The President is are working for America here, and we are working in a bipartisan spirit and a Mr. Chairman, at the same time we faced with all or nothing. have some naysayers, who are oppo- What kind of veto power does he have bipartisan manner that many in the press would like the public not to be nents and say we are giving the Presi- left? dent too much power. We are back to Well, a little story I would like to aware of. the power and punishment words. They share with you: I was in the Oval Office b 1320 say that he will punish Members for with President Reagan the day after You know, we have been saying that things they have done or have not done his presentation of the State of the last November the American people during the course of their term here. Union Message that time when he actu- spoke and they declared the days of ally threw down that continuing reso- I think the track record that we have wasteful spending by the Federal Gov- lution showing, demonstrably showing, in city halls across the country, in ernment should stop. Today we are on that his veto power, meaning all or State legislatures, in the Governors’ the threshold of fulfilling another part nothing, you know, was irrelevant now, chairs—we heard a former sitting Gov- of our contract, the line-item veto. I ernor right here as our Member, the and I notice that his finger was ban- think it is probably a little bit myopic daged. President Reagan’s finger had a gentleman from Delaware [Mr. CAS- and maybe a little bit of bragging to TLE], say that that is not the case, that bandage on it. I said, ‘‘Mr. President, suggest we are really the authors of what happened to your finger?’’ He the Presidents of this United States this. The fact is this is an idea whose will use that power accordingly. said, ‘‘Well, DANA, when I was up in time has finally come, brought about, front of the Congress last night and I initially made by Ronald Reagan. It Then we hear whether or not the threw that bill down, my finger did not started in the early 1980’s and finally President will be accountable, whether get out from under it and it smashed after an extraordinarily long gestation or not he punishes other Members or my finger.’’ period we are going to see this bear uses that power in the wrong way. Let Now, most people did not understand fruit. Mr. Chairman, great ideas are us remember Presidents are also ac- that he was in pain during the delivery worth waiting for. countable to the same constituents of the rest of the State of the Union Mr. Chairman, President Reagan is that we are accountable to. Message. going to be 84 years old on Monday. I Mr. Chairman, it is a pleasure for me There is something wrong when the cannot think of a better birthday to strongly support H.R. 2, and I ask legislation that we have is so big that present that we could give him. my colleagues to do the same. it is smashing the President’s finger, Far too long now Congress has in- much less his veto power. I think we Mr. BLUTE. Mr. Chairman, I yield 2 sulted the taxpayers of this country by minutes to the gentleman from Cali- should restore the President’s finger first taking its money, and it should and restore the veto power to the fornia [Mr. COX], the distinguished not. chairman of the Republican Policy President of the United States to pro- Mr. GOSS. Mr. Chairman, I reserve Committee and a former White House tect us against unnecessary spending, the balance of my time. counsel who worked extensively on and that means supporting H.R. 2, the Mr. BLUTE. Mr. Chairman, I yield 2 budget issues during the Reagan years. real line-item veto. minutes to the gentleman from Buf- Mr. BLUTE. Mr. Chairman, I yield 2 falo, NY [Mr. QUINN], a distinguished Mr. COX of California. I thank my minutes to the gentleman from Cleve- member of the Joint Economic Com- colleague for that gracious introduc- land, OH [Mr. HOKE], a distinguished mittee and a leader in the effort to give tion and for yielding to me. member of the Committee on the Budg- the President a line-item veto. Mr. Chairman, H.R. 2, the Line Item et. Mr. QUINN. I thank the gentleman Veto Act, is something the American Mr. HOKE. Mr. Chairman, I thank for yielding this time to me, and I ap- people have wanted for a long time. It the gentleman from yielding me this preciate his comments. is a fitting tribute to their tireless ef- time. Mr. Chairman, it is an honor for me forts, as well as to the tireless efforts Mr. Chairman, I would like to asso- to be here today and join so many of of one man who has been mentioned ciate myself with the remarks of the our colleagues in enthusiastically sup- here several times in the course of this gentleman from Mississippi [Mr. porting H.R. 2. debate, Ronald Reagan. PARKER], who spoke quite eloquently Twice during the 103d Congress, since in favor of this enhanced-rescission I have been a Member here in the Con- Next Monday, February 6, Ronald bill. gress, we have had a chance to vote on Reagan will celebrate his 84th birth- I would like to particularly point out the line-item veto, and twice we fell day. It is absolutely fitting that we that the gentleman from Mississippi short of those votes. In the 104th Con- will vote on final passage of H.R. 2 on [Mr. PARKER] is a very conservative gress now I think we have a real oppor- Ronald Reagan’s birthday. Democrat, and I would like to further tunity to give the President of the A decade ago Ronald Reagan said point out that the gentleman from Mis- United States the line-item veto. about the line-item veto, ‘‘No other sissippi [Mr. PARKER] and many other Mr. Chairman, the line-item veto will single piece of legislation would so Democrats have voted in favor of every rise or fall on its own merits. But I quickly and effectively put order back

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1100 CONGRESSIONAL RECORD — HOUSE February 2, 1995 into our budget process.’’ That is as York City; $1.5 million dollars to build cedure,’’ is the approach that I always have true today as it was 10 years ago. a maritime museum in South Carolina; found far preferable. Under this scenario, a It will restore what the Founders saw $1.3 million dollars for Hawaiian sugar- President still would be given the opportunity as the strongest deterrent to wasteful cane funding; and $1.4 million dollars to propose cuts to individual spending or tax spending by Congress, an energetic ex- to fight potato fungus in Maine. items. Within 10 legislative days after the ecutive with the power to force a If the President had a line-item veto, President sent such a rescission package to thoughtful and thorough debate on in- he could have taken these unnecessary Congress, a vote on that package would be dividual items of spending. spending programs right out of the leg- taken on the House floor. That bill could not H.R. 2 will reverse some of the dam- islation without affecting the nec- be amended, except that 50 House Members age that was done by the 1974 Budget essary funds for the horrible damage in could request a separate vote on an individual Impoundment and Control Act, passed California. item which had been proposed for rescission. by a liberal Congress at the height of We see opposition to the line-item If a majority of Members voted to retain fund- its powers as a slap at President Nixon, veto because it is a threat to this type ing for that individual item, it would be struck then at the depths of his disfavor with of pork-barrel politics. It is a threat to from the rescission bill. If the remainder of the the Congress. the old spending habits of past con- rescissions were approved by a simple major- It radically shifted the respective gresses. but times have changed for the ity of the House, the bill then would be sent powers of the legislative and executive better, and pork-barrel politics must to the Senate for consideration under the branches and emasculated the Presi- end. same expedited procedure. dent’s impoundment authority, sub- The bottom line is that America now This latter approach encourages deficit re- stituting weak powers of deferral and faces a $4.6 trillion debt. We pay over duction and maintains the balance of power rescission which this Congress has ever $200 billion in interest payments alone. established by the Constitution, thus excusing since 1974 chosen to override. A line-item veto takes the power it from the grave Constitutional concerns cre- Since 1974, this Congress has chosen away from the wheelers and dealers ated by the language of the base bill. to ignore almost every rescission re- and gives it back to the President and I also want to be careful not to claim indi- quest proposed by every Republican this Congress. vidual or partisan credit for this approach. Ex- and Democratic President. In the 2 A line-item veto forces account- pedited rescission legislation embodies an years that I worked in the White ability on the part of the Congress and idea which many Members, both Democrats House, President Reagan issued over the President, and stops the blame and Republicans, have fought hard for over 400 rescission requests, they totaled game that now routinely occurs. the years. Dan Quayle first introduced expe- over $18 billion. Do you know how I urge my colleagues to support this dited rescission legislation in 1985. Tom Car- many the Congress voted on? Not a sin- legislation and take yet another step per and DICK ARMEY did yeomen’s work in gle one. toward ensuring our Nation’s future promoting this legislation. On the Democratic Mr. Chairman, James Madison once through accountability and fiscal reside, TIM JOHNSON, Dan Glickman, Tim Penny, wrote that unless kept in check, Con- sponsibility. and L.F. PAYNE spent years as particularly ef- gress would be everywhere extending Mrs. COLLINS of Illinois. Mr. Chair- fective advocates of this legislation. Numerous the sphere of its activity and drawing man, I yield such time as he may con- Republicans, including Lynn Martin, Bill Fren- all power into its impetuous vortex. sume to the gentleman from Texas [Mr. zel, GERALD SOLOMON, HARRIS FAWELL, and James Madison was right. Congress’ STENHOLM]. others made meaningful contributions to expe- spending appetite needs to be con- (Mr. STENHOLM asked and was dited rescission legislation as it has devel- trolled. given permission to revise and extend oped. And of course, the language which we H.R. 2 is a solid step on the way to his remarks.) voted on last year was the Stenholm-Penny- doing just that. Mr. STENHOLM. I thank the gentle- Kasich amendment. The deficit reduction Mr. BLUTE. Mr. Chairman, it gives woman for yielding. prowess of my two cohorts in that effort is al- me great pleasure to yield 2 minutes to Mr. Chairman, I am pleased to come to the most legendary, and deservedly so. a renowned deficit hawk, the gen- floor today to debate proposals to strengthen Thanks to the efforts of these and other tleman from New Hampshire [Mr. the ability of Presidents to identify and elimi- Members, the House overwhelming passed ZELIFF] chairman of Subcommittee on nate low-priority budget items. The Members expedited rescission legislation in each of the National Defense, International Affairs of the House will have the opportunity to con- past 3 years. and Judiciary, and the author of the A- sider a variety of approaches to this issue, in- I do not in any way intend to imply that all to-Z spending reduction. cluding an amendment which I will be offering of these Members have supported expedited Mr. ZELIFF. I thank the gentleman with JOHN SPRATT. rescissions to the exclusion of or even in pref- for yielding time to me. I know that my friends on the other side of erence to a pure line-item veto. Although this Mr. Chairman, I rise in strong sup- the aisle have waited a long time to pass a proposal was described a few years by GER- port of H.R. 2, to give the President the pure line-item veto bill. I do want to point out ALD SOLOMON as ‘‘a tremendous compromise line-item veto. Last November we that even the amendment before us today is * * * that this house can support overwhelm- promised the taxpayers of America not a line-item veto constitutional amendment, ingly on both sides of the aisle,’’ my friend that we would manage their funds with which I believe is what most Americans are from New York has always made it clear that greater care and discipline. thinking of when they speak about ‘‘the strong- he prefers the one-third-plus-one approach. We promised no more business as est possible line-item veto.’’ What I am saying is that, in an overwhelm- usual. We promised to prioritize Fed- Nonetheless, I have no doubt that sup- ingly bipartisan way, Members have stated eral spending just as families and busi- porters will pass the pure statutory line-item through their words and their votes, that the nesses do. veto when the Committee of the Whole rises expedited rescission procedure is a very good The line-item veto, along with the after debating the various amendments that one. balanced budget amendment and the will be brought to the floor during the next sev- Let me say that again. Members have stat- unfunded mandates legislation just eral days. There also has never been any ed through their words and their votes that the passed, will go a long way toward forc- doubt about my position on this so-called pure expedited rescission procedure is a very good ing this Government to prioritize. line-item veto; I have opposed it. one. That is important to emphasize because There is no better example of the For those who believe that any President— of the way which votes will be taken in the need for a line-item veto than the Cali- Democrat or Republican—should have minor- next few days. fornia earthquake emergency appro- ity rule over Congress, should be able to get My colleague from West Virginia, Mr. WISE, priation passed last year. just one-third-plus-one of the Congress to will be offering precisely my amendment which It was amazing how much damage agree with him on the most targeted of fund- was approved by a vote of 342 to 69 last July. was actually done by that earthquake, ing items, those people should vote for the If I were to have my way, that is the amend- since the $8.6 billion emergency fund- pure line-item veto. I respect their right to ment that would prevail in the end. ing bill went way beyond California have that opinion, but I strongly disagree with But I can count votes as well as anybody, and included money for States from it. and I understand that a majority of this body Hawaii to Maine. It included: $10 mil- What some call ‘‘modified line item veto,’’ or now wishes to pass language along the lines lion dollars for a post office in New what I prefer to call ‘‘expedited rescission proof the Contract With America when it comes to

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1101 line-item veto. Therefore, I will subsequently Mr. GOSS. Mr. Chairman, I am very ‘‘Let’s not spend our time on the ap- offer an amendment which is not a substitute, happy to yield 11⁄2 minutes to the dis- propriations bills. Let’s find a time but rather is an add-on amendment to H.R. 2. tinguished gentlewoman from Florida bomb that we can place in a revenue In this way, my friends on the other side of the [Mrs. FOWLER]. bill. Let’s have a tax loophole created aisle can have the best of both worlds. They (Mrs. FOWLER asked and was given in a revenue bill.’’ can maintain their language, but they can also permission to revise and extend her re- Now what has happened? Last year support language along the lines they have marks.) every Republican voted to give the approved for each of the last 3 years. Mrs. FOWLER. Mr. Chairman, none Where we are in agreement is in the belief of us has the illusion that the line-item President of the United States the au- that we must bring greater accountability to veto will be a cure-all for our Nation’s thority to get rid of these tax loop- the appropriations process and the tax bene- fiscal woes. It can, however, be an im- holes. In the Contract With America, fits process so that individual items may be portant tool to help the Federal Gov- Mr. Chairman, virtually every Repub- considered on their individual merits. The cur- ernment get its chronic deficits—like lican signed language that gave the rent rescission process does not make the this year’s $176 billion deficit—under President of the United States the au- President or Congress accountable. Congress control. thority to get rid of these tax loop- can ignore the President’s rescissions, and the The line-item veto will give the holes. But now the rubber meets the President can blame Congress for ignoring his President the power to excise wasteful road, and the bill is before us today, rescissions. I believe that it is appropriate to pet projects and eliminate tax provi- and the new leadership does not want strengthen the President’s ability to force sions that only benefit special inter- to give the President of the United votes on individual budgetary items. ests. States adequate ability to get rid of To my friends on the left who feel that we And it can work. In the 43 States tax loopholes. don’t need to take any of these actions, I where Governors currently enjoy this Mr. Chairman, last year I bolted from would like to make one further point. The cur- power, it has been a success. rent discharge process for forcing a floor vote my party in good faith because I felt on the President’s rescissions is cumbersome b 1330 that the Republicans were onto some- and has never been used. The President is re- In California, Mr. Chairman, former thing here. I thought they were sincere quired to spend the money if Congress has Governor Deukmejian used the line- in wanting to get rid of both pork bar- not enacted the rescissions within 45 days. In item veto to trim $1.2 billion from his rel spending and tax loopholes. But other words, Congress can reject the spending State’s budget. In Wisconsin Governor now in the 104th Congress, when they cuts proposed by the President through inac- Thompson has used the same authority are in control, it appears obvious to me tion. to eliminate some $143 million in that, yes, they want to get rid of this According to data compiled by the General wasteful spending. A 1992 GAO study port barrel spending because there is Accounting Office, Congress has approved estimated that a Presidential line-item no growth in pork barrell spending. It barely one-third of the individual rescissions veto could have saved $70.7 billion in is not a growth industry in this town. submitted by Presidents of both parties since pork-barrel spending between fiscal But they do not want to give up their 1974. Congress has ignored about $50 billion years 1984 and 1989. ability to slip tax loopholes into rev- in rescissions submitted by Presidents under Let us act before we lose another pre- enue bills. the existing process without any vote at all on cious tax dollar to wasteful spending. The previous speaker talked about the merits of the rescissions. Mrs. COLLINS of Illinois. Mr. Chair- bipartisan cooperation in this House. During the vote on the Stenholm-Kasich man, I yield 3 minutes to the gen- Since every Republican voted in favor amendment last July, my Democratic col- tleman from Wisconsin [Mr. BARRETT]. of the language that would give the leagues on the Appropriations Committee cor- Mr. BARRETT of Wisconsin. Mr. President the authority to get rid of rectly pointed out that Congress had passed Chairman, last session I had the pleas- more than $60 billion in rescissions of its own ure of joining the gentleman from New tax loopholes last year, and virtually every Republican signed the contract, since 1974. That notwithstanding, I do not be- York [Mr. SOLOMON] and virtually lieve that the fact that Congress had approved every other Republican to support a that would give the President that au- more spending cuts than the President had true line-item veto, and a number of thority. I would ask that my friends on submitted is a justification for not voting on the Democrats decided it made sense for the Republican side of the aisle keep to President’s rescission proposals. the President to have the authority to their word and not break that Contract The public is fed up with the finger-pointing get rid of pork barrel spending and es- With America on this issue. Give the in which each side argues that the problem is pecially tax giveaways, both of which President the authority to get rid of really the other side’s fault. Constituents do are important arrows in the quiver tax loopholes. not consider doing better than the other side against our rising deficits. But I am to be a substitute for actually dealing with a Mr. BLUTE. Mr. Chairman, I yield upset today, Mr. Chairman, because 1 problem. When we are faced with deficits in myself 2 ⁄2 minutes to respond to the the emperor has no clothes. The bill the $200 billion range, we cannot afford to ig- gentleman from Wisconsin [Mr. BAR- that we have before us only does half nore any proposals to cut spending. RETT]. the job. Although it gives the Presi- Forcing votes on individual items in tax and Mr. Chairman, in the Committee on dent the authority to get rid of pork spending bills will have a very real cleansing Government Reform and Oversight we effect on the legislative process and will take barrel spending, it does not give him adequate authority to get rid of the tax adopted an amendment sponsored by a step toward reducing the public cynicism the Democrats that would expand the about the political process. It provides the loopholes. Newsweek magazine put it best: number of individuals, businesses or in- President with a real tool to ferret out ques- dividuals, who are receiving tax bene- The fine print of the bill now moving tionable spending items while preserving the fits to 100, to allow the President to power of Congressional majorities to control through the House reveals though the Re- publicans are tough on spending, they are veto a much broader number of tax spending decisions. benefits. But at the same time we felt When we rise from the Committee of the lax on special interest tax giveaways. The bill allows the President to target tax bene- it was important not to give the Presi- Whole into the Whole House, I will be submit- fits, but then defines that phrase to include dent too much power. That is a con- ting for the RECORD a number of items which only a tiny number of small loopholes. The will be valuable to Members evaluating this cern. I think anything we do that shifts vast majority of tax breaks, worth hundreds power to the President, we narrowed issue as well as to scholars who might be of millions of dollars, would remain immune studying it. Included in this material are legal from the President’s veto. Any lobbyist look- that to a very defined area to get after opinions from the American Law Division of ing for goodies from the Federal Government the most egregious efforts to reward the Congressional Research Service and an- could work through the tax code instead of certain interests in the Tax Code. To swers to the most commonly asked questions the spending bills. expand that further, in an unlimited about this issue. Mr. Chairman, that is exactly what is way, would give the President far too I urge my colleagues to strengthen the proc- going to happen if we pass this bill. much power and would allow the Presi- ess by voting for the Stenholm-Spratt amend- Any tax lawyer in this city, any lobby- dent to veto things that we do not ment and then voting yes on final passage. ists worth their salt, are going to say, want the President to be able to veto,

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1102 CONGRESSIONAL RECORD — HOUSE February 2, 1995 such as a middle-class tax cut, for executive and that it represents a dan- erative process through the commit- ample, if we were to pass something gerous move toward centralization of tees, some oversight monitoring with like that. our Federal Government, which the GAO. It is a good provision. We have Mr. BARRETT of Wisconsin. Mr. framers of the Constitution opposed. gone into streamlining the time for re- Chairman, will the gentleman yield? We must remember that the line-item view by the various bodies, the execu- Mr. BLUTE. I yield to the gentleman veto is a way to reduce the size of Gov- tive and the legislative bodies, so that from Wisconsin. ernment. The line-item veto is simply we move this thing more quickly and Mr. BARRETT of Wisconsin. Mr. a modern adaptation of the original do not interfere with the normal flow Chairman, I have a lot of respect for Presidential veto which can be over- of Government business, but we have the gentleman from Massachusetts, as ridden by a two-thirds vote of the Con- check and balance points that come he knows. My understanding is that gress. more quickly. this language, for example, would not If we are serious in our desire to give the President of the United States downsize Government; if we are serious We created a new process to guar- the authority to veto out one of the tax in our desire to see a balanced Federal antee every Member of this institution provisions that we have, for example, budget; if we are serious in our desire the right to get an objection to what that would give a special tax credit for to be fiscally responsible, then the the President does to the floor of the drug companies doing business in Puer- time has come to stand up and be House for not one vote, not two votes, to Rico. This tax benefit gives 24 com- counted on this proposal. but in some cases three votes, depend- panies $2.6 billion in tax credits. Mr. Chairman, what is good for 43 of ing on which procedure is used. I ask the gentleman, don’t you think 50 Governors is certainly good enough We have picked the toughest way to that the President of the United States for the President of these United go, because this is the toughest prob- should have that ability to get rid of States. I urge my colleagues on both lem we have in our country right now. that type of tax loophole? sides of the aisle to support H.R. 2, and Mr. BLUTE. Mr. Chairman, if I get There has been some talk about if we give the President the ultimate weapon the question from my good friend cor- do this we will never be able to change needed to reduce the defict—the line- rectly, he mentioned 26 companies? it. Well, I hope we are not going to be Mr. BARRETT of Wisconsin. That is item veto. able to change it, because it is the correct. There are 26 companies that b 1340 medicine this country needs. I do not want to change it. get $2.6 billion. There are 338 compa- Mr. GOSS. Mr. Chairman, may I in- nies that benefit overall, but 26 of quire how much time is left on each But I would point out I think most those companies get the lion’s share, side? people will understand these types of $2.6 billion. The CHAIRMAN. The gentleman measures in fact can be checked or Mr. BLUTE. Well, if it related to spe- from Florida [Mr. GOSS] has 6 minutes withdrawn by actions taken on inde- cifically 26 companies, then the Presi- remaining, the gentleman from Massa- pendent appropriations bills only must dent would be able to veto that par- chusetts [Mr. BLUTE] has 51⁄2 minutes pass legislation that exempts certain ticular benefit. It it goes beyond 100, remaining, and the time of the gentle- provisions that would override some of then he would not. woman from Illinois [Mrs. COLLINS] has the concerns I have expressed here Mr. BARRETT of Wisconsin. And this expired. today. I hope that does not happen, be- provision does go beyond 100. It goes to Mr. GOSS. Mr. Chairman, I yield my- cause I think that would be weakening, 338 companies, but again the lion’s self such time as I may consume. but there is always a back door, it share goes to that 26 companies. Mr. Chairman, I will close with a few Mr. BLUTE. I would simply respond seems, in Washington. brief comments. that we wanted to narrow the scope of I think there is a real benefit to We have had in this general debate this capability of the President’s, to bringing the President into the loop. It process a preview of some of the pro- limit it and to target it at the most posed amendments that we may be is not just the benefit of accountability egregious examples of tax pork. I think talking about, and they really under- and making the President, if he we have done that. We adopted a Demo- score what the debate is. We have got catches a bit of mischief coming out of crat amendment. Congress, being complicit in it. He has Mr. BLUTE. Mr. Chairman, I yield 2 a debate on a major policy issue of whether we want a real line-item veto the opportunity and responsibility to minutes to the distinguished gen- erase it. And this gives the American tleman from the Commonwealth of with a two-thirds vote required to overturn the President’s decision, or voters one more shot at accountability Massachusetts [Mr. TORKILDSEN]. when the November elections come. Of Mr. TORKILDSEN. Mr. Chairman, I whether we want to stick to the simple majority rule of approval that we have course, it is the November elections rise today in strong support of H.R. 2— that really are the core of democracy. the Presidential line-item veto. had here under various titles and labels Last week this Chamber passed a over the years, which is not really a But beyond that, that extra account- constitutional amendment to require a line-item veto. ability for the President, we have balanced budget in 7 years. The line- It is a very good debate, and it is one something that I think is very bene- item veto is perhaps the best single that has already started, and I hope it ficial that has been alluded to by sev- tool to help us achieve this goal. I ends up with the toughest version, but eral of our speakers, and that is the would hope that every Member who I respect very much those proponents interaction between the legislative and voted for the balanced budget amend- of the other way. the executive branches in the process ment would support the line-item veto My view on the other way is it clear- of developing the budget for our coun- as the next logical step toward elimi- ly has not worked; otherwise we would try as we go through the year. not be looking at couple-hundred-bil- nating the deficit and balancing the I think that is a process that clearly lion-dollar deficits every year, we budget. is going to yield a better product than would not be looking at a $4.5 trillion Today, 43 Governors possess the we have had so far, less surprises, both national debt, which is growing and power of the line-item veto. Many happy and unhappy, more predictable predicted to grow over $6 trillion de- times just having this power does a results, more efficient use of tax dol- spite our current President’s best ef- great deal to discourage legislative lars, more on-time targeting of the way forts. add-ons and wasteful spending. we spend our money. And I think we all This issue is not a question of par- It seems to me is we have to say, ‘‘We come out ahead if we do this. tisan politics or political gamesman- surrender. it does not work. We need a ship. We Republicans are giving this better system, better machinery, and We do not present this legislation power to the President, currently a better tools.’’ And that is what this lightly. This has been well thought Democrat. This is one of the best tools process is about. out. It has been through the mill, available to cut wasteful spending. There is a concern that this is some- through the cooperative committee Some have argued that the line-item how going to get out of control. We process, and I am very pleased to be as- veto grants too much power to the Ex- have built in, as a result of the delib- sociated with this legislation and look

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1103 forward to the opportunities for In Wisconsin, Governor Tommy hundreds of billions of dollars, many Members amendments. Thompson has successfully used the of Congress grew quite adept in adding their Mr. Chairman, I yield back the bal- line-item veto to hold down spending, pet provisions. Because the President’s cur- ance of my time. to balance budgets without raising rent veto authority is limited to an up-or-down Mr. BLUTE. Mr. Chairman, I yield taxes on the Wisconsin people, and I decision on a bill, Presidents have been myself such time as I may consume. believe we should be using those Wis- forced to sign bills containing Members’ pet Mr. Chairman, now is the time to consin ideas here in Washington, DC. projects. give the President of the United States The other reason I strongly support Here are few examples: In the fiscal year the line-item veto authority. This issue the line-item veto is because it is a bi- has been kicking around up her on Cap- 1994 Agriculture appropriations bill, Congress partisan effort and it is very encour- added $221,000 for blueberry research at the itol Hill for decades, and has been dis- aging to me to come out here, being cussed and chewed over, committees University of Maine and $140,000 for swine outside the world of politics, and be in- research at the University of Minnesota. The have heard testimony, and still we volved in a bill that has bipartisan sup- have not done what needs to be done Commerce/Justice/State bill contained port, where both sides of the aisle are $683,000 for fish laboratory repair in South and give the President this needed tool. working together to get it through. It We already have an example of it Carolina and $400,000 to deal with the algal is very, very important if we are going bloom crisis in Maui. The Energy and Water working in our system of government. to reduce the Federal spending that we It has been field-tested in the 43 States bill contained $50 million for one road project get this piece of legislation through. that now have a line-item veto for in West Virginia and $4 million for a program I do not think this is the end-all. I at Florida A&M University. The Treasury/Post- their Governors. We have heard testi- think there are many, many more mony in the committees from liberals al bill included $120 million for a courthouse in steps that are necessary to actually Phoenix and $96 million for a courthouse in and conservatives, from Republicans balance the Federal budget. But this is and Democrats, that the line-item veto Oregon. All of these items were cited by the certainly a very important first step as works as a tool to keep the budget in Citizens Against Government Waste because we move forward on completing the line. There can be no doubt about that, they were either only requested by one Cham- items in the contract that we have and it is time that the President had a ber of Congress, not specifically authorized, pledged to the people last fall. similar tool. not competitively awarded, greatly increased Beyond that, Mr. Chairman, I think Mr. EMERSON. Mr. Chairman, I rise today in funding over the prior year, mainly of local it needs to be pointed out that in the in strong support of the line-item veto legisla- interest, or not requested by the President. tion. As a longtime author of a constitutional last Presidential campaign, both the Current rescission authority under the 1974 Republican candidate, the Democratic amendment to give the President line-item veto power I am pleased to take part in this Impoundment Control Act hasn’t worked. Last candidate, and the independent can- year, Congress made several sputtering at- didate all supported giving the Presi- important debate today. As long as Congress continued to send the tempts to enhance rescission authority. Given dent a line-item veto authority. It was the extreme reluctance of Congress to take up as close to a consensus issue as there President jam-packed all-encompassing spending bills, the President often had to actual rescissions, one wonders if the zeal for was in that campaign. The American enhanced rescission in the past wasn’t more people support it by the polls. I believe choose between signing unnecessary spending into law on one hand and shutting down directed toward keeping the line-item veto off it is time we did what the American the agenda than to truly improving the system. people want and give the President this the Federal Government on the other. Or, H.R. 2 gives the President a permanent leg- very important tool. signing a bill that was 70 percent necessary, Mr. Chairman, I yield 2 minutes to 30 percent unnecessary. A General Account- islative line-item veto. With this authority, the the gentleman from Wisconsin [Mr. ing Office [GAO] report estimated that if the President may strike or reduce any discre- NEUMANN], one of the original sponsors President had line-item veto authority from tionary budget authority or eliminate any tar- of the line-item veto bill. 1984 through 1989, the savings would have geted tax provision in any bill. The President Mr. NEUMANN. Mr. Chairman, I be- ranged anywhere from $7 to $17 billion per must prepare a separate rescissions list for lieve this particular bill is important year. each bill and submit his proposal to Congress for a whole variety of reasons. First With the national debt skyrocketing toward within 10 days after signing the original bill. off, I will tell you when I campaigned $5 trillion and 1995 interest payments on the The key to why line-item veto authority is last fall, I was concerned as to whether national debt totaling $339 billion, runaway better than enhanced rescission is in what or not we would be able to actually spending must be stopped. The Federal deficit comes next. Under line-item veto, the Presi- keep the promises in the contract. This alone stands at $176 billion this year. To bal- dent’s proposed rescissions are approved un- is important, because it is another one ance the Federal budget, every man, woman, less Congress passes a disapproval bill within of those steps to keep the promises we and child in the United States would have to 20 days after receiving them. Enhanced re- made last fall during the campaigns. pay an additional $700 dollars in taxes this scission legislation, on the other hand, dis- More important than that, our Na- year. A Presidential line-item veto is the first approves the recommendations unless Con- tion right now today is $3.8 trillion in step toward fiscal responsibility that will save gress acts. With line-item veto, the upper hand debt. If every man, woman, and child in taxpayers billions of dollars. This, coupled with goes to the cutting side, where with enhanced the whole country were to take out the recently passed balanced budget amend- rescission, the advantage goes to the spend- their checkbook and just pay off their ment are important fiscal tools necessary to ing side. share of the national debt, they would get our house in order. I urge support of this H.R. 2 sets out clear procedures for dealing need to pay $18,500. For my family of 5, important legislation. with a line-item veto. The list sent by the the Federal Government has borrowed Mr. CUNNINGHAM. Mr. Chairman, I rise in President is unamendable. There are expe- $92,500. Just think about this. Over the strong support of H.R. 2, the Line-Item Veto dited procedures to bring a line-item list to the last 15 years, this Government has bor- Act. As an original cosponsor of this bill, I be- floor of the House and limits on debate time rowed $92,500 on behalf of my family of lieve it is long overdue. in the Senate. five. To just pay the interest on the na- In fact, this is a historic occasion. This is the tional debt, my family must write out first time that freestanding line-item veto legis- The line-item veto will not solve our budget checks or pay taxes, if you like, of over lation has been allowed to come to the floor crisis. It will, however, do something equally $6,000 a year. The people in my district of the House. For years, the Democratic Con- important—help to restore the confidence of back in southeastern Wisconsin have gress refused to allow an honest vote on line- the American people in their government. It is average incomes of $32,000 a year, and item veto legislation, despite the request of time to give the President the same authority yet they must write out checks just to Presidents Reagan, Bush, and Clinton. Finally, that 43 of the 50 Governors have. It is time for pay the interest on the national debt of under Republicans leadership, Congress will Congress to enact the line-item veto. over $6,000 a year. move to take this necessary and important ac- Mr. FAWELL. Mr. Chairman, for years I I strongly support this line-item veto tion. have supported a straightforward way to help and was one of the original sponsors, For years, Americans have been outraged solve Congress’ lack of spending restraint: the because I think it is one of two pieces by the provisions snuck into much larger bills line-item veto. Today, the House begins con- of legislation that will stop this situa- by individual Members of Congress. With ap- sideration of H.R. 2, a bill introduced as part tion. propriations bills routinely running into the of the Republican Contract With America,

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1104 CONGRESSIONAL RECORD — HOUSE February 2, 1995 which would provide the President with a per- The text of the amendment in the na- the expiration of the period described in sub- manent legislative line-item veto. Line-Item ture of a substitute made in order by section (b), the rescission or veto, as the case veto authority would permit a President to House Resolution 55 as an original bill may be, shall not take effect. The message strike specific, wasteful spending projects from for the purpose of amendment under shall be deemed to have been retransmitted appropriations bills as soon as they reach his the 5-minute rule is as follows: on the first Monday in February of the succeeding Congress and the review period re- desk. The funding for any rescinded items H.R. 2 ferred to in subsection (b) (with respect to would be canceled unless both the House and Be it enacted by the Senate and House of such message) shall run beginning after such Senate could muster a vote of two-thirds to Representatives of the United States of America first day. override the line-item veto. in Congress assembled, SEC. 4. DEFINITIONS. In the past, the rescission procedure has SECTION 1. SHORT TITLE. proven to be too cumbersome. The burden This Act may be cited as the ‘‘Line Item As used in this Act: has always been on the President to obtain Veto Act’’. (1) The term ‘‘rescission/receipts dis- congressional approval during a fixed period SEC. 2. LINE ITEM VETO AUTHORITY. approval bill’’ means a bill or joint resolu- of time; Congress need do nothing to defeat a (a) IN GENERAL.—Notwithstanding the pro- tion which only disapproves, in whole, rescis- President’s proposal. H.R. 2 would reverse visions of part B of title X of The Congres- sions of discretionary budget authority or this burden: Presidential proposals would be- sional Budget and Impoundment Control Act only disapproves vetoes of targeted tax benefits in a special message transmitted by the come law unless Congress takes action to of 1974, and subject to the provisions of this section, the President may rescind all or President under this Act and— stop them. part of any discretionary budget authority (A) which does not have a preamble; With the line-item veto, Presidents can or veto any targeted tax benefit which is (B)(i) in the case of a special message re- weed out wasteful pork-barrel spending or tax subject to the terms of this Act if the Presi- garding rescissions, the matter after the en- benefits that are tucked away in otherwise dent— acting clause of which is as follows: ‘‘That good bills. While some argue that line-item (1) determines that— Congress disapproves each rescission of dis- veto authority will have little effect on bringing (A) such rescission or veto would help re- cretionary budget authority of the President the Federal budget under control, I submit that duce the Federal budget deficit; as submitted by the President in a special if we can’t cut wasteful spending we will have (B) such rescission or veto will not impair message on llll’’, the blank space being little chance to make the tough decisions any essential Government functions; and filled in with the appropriate date and the (C) such rescission or veto will not harm public law to which the message relates; and needed to balance the budget. (ii) in the case of a special message regard- Author Brian Kelly, in his excellent book the national interest; and (2) notifies the Congress of such rescission ing vetoes of targeted tax benefits, the mat- ‘‘Adventures in Porkland,’’ described how or veto by a special message not later than ter after the enacting clause of which is as pork-barrel projects—while not amounting in ten calendar days (not including Sundays) follows: ‘‘That Congress disapproves each themselves enough to balance the budget— after the date of enactment of an appropria- veto of targeted tax benefits of the President are the ‘‘grease’’ that lubricates the entire tion Act providing such budget authority or as submitted by the President in a special spending machine in Congress. He estimates a revenue or reconciliation Act containing a message on llll’’, the blank space being that pork greases more than $100 billion an- targeted tax benefit. filled in with the appropriate date and the nually. Members of Congress are often afraid (b) DEFICIT REDUCTION.—In each special public law to which the message relates; and (C) the title of which is as follows: ‘‘A bill to take on any spending programs for fear that message, the President may also propose to reduce the appropriate discretionary spend- disapproving the recommendations sub- a project funded in their district might be jeop- ing limit set forth in section 601(a)(2) of the mitted by the President on llll’’, the ardized. Thus, a few million dollars spent in Congressional Budget Act of 1974 by an blank space being filled in with the date of Congressman X’s district might keep him or amount that does not exceed the total submission of the relevant special message her from cutting billions of dollars in other pro- amount of discretionary budget authority re- and the public law to which the message re- grams that they otherwise would oppose. This scinded by that message. lates. is where the line-item veto could really make (c) SEPARATE MESSAGES.—The President (2) The term ‘‘calendar days of session’’ a difference—it could change the culture of shall submit a separate special message for shall mean only those days on which both spending in Congress for good. each appropriation Act and for each revenue Houses of Congress are in session. There are numerous examples of how the or reconciliation Act under this section. (3) The term ‘‘targeted tax benefit’’ means any provision of a revenue or reconciliation line-item veto would have remedied wasteful SEC. 3. LINE ITEM VETO EFFECTIVE UNLESS DIS- APPROVED. Act determined by the President to provide a legislation. One of the best examples is the (a)(1) Any amount of budget authority re- Federal tax deduction, credit, exclusion, 1994 emergency spending bill intended for scinded under this Act as set forth in a spe- preference, or other concession to 100 or California’s earthquake victims. In reviewing cial message by the President shall be fewer beneficiaries. Any partnership, limited that bill, I discovered the following items, deemed canceled unless, during the period partnership, trust, or S corporation, and any among others: $10 million for planning and de- described in subsection (b), a rescission/re- subsidiary or affiliate of the same parent velopment of a train station and commercial ceipts disapproval bill making available all corporation, shall be deemed and counted as center in New York; $1 million for Hawaiian of the amount rescinded is enacted into law. a single beneficiary regardless of the number sugar cane mills; and, $1.5 million to dry dock (2) Any provision of law vetoed under this of partners, limited partners, beneficiaries, shareholders, or affiliated corporate entities. and repair the Savannah, the world’s first nu- Act as set forth in a special message by the President shall be deemed repealed unless, (4) The term ‘‘appropriation Act’’ means clear powered commercial ship, among others. during the period described in subsection (b), any general or special appropriation Act, and Because the majority did not allow amend- a rescission/receipts disapproval bill restor- any Act or joint resolution making supplements to strike this pork from the bill, the ing that provision is enacted into law. mental, deficiency, or continuing appropria- President was faced with signing the bill in its (b) The period referred to in subsection (a) tions. entirety, with all of the pork included, or with is— (1) a congressional review period of twenty SEC. 5. CONGRESSIONAL CONSIDERATION OF vetoing the entire bill leaving California’s LINE ITEM VETOES. earthquake victims without assistance. calendar days of session, beginning on the Mr. Chairman, this floor debate on H.R. 2 first calendar day of session after the date of (a) PRESIDENTIAL SPECIAL MESSAGE.— Whenever the President rescinds any budget this week follows on the heels of House pas- submission of the special message, during which Congress must complete action on the authority as provided in this Act or vetoes sage of a balanced budget constitutional rescission/receipts disapproval bill and any provision of law as provided in this Act, amendment. I urge my colleagues to support present such bill to the President for ap- the President shall transmit to both Houses this long-overdue reform. A line-item veto will proval or disapproval; of Congress a special message specifying— not, by itself, balance the Federal budget. It (2) after the period provided in paragraph (1) the amount of budget authority re- will, however, be another effective weapon in (1), an additional ten days (not including scinded or the provision vetoed; the fight to reduce the Federal deficit. Sundays) during which the President may (2) any account, department, or establish- Mr. BLUTE. Mr. Chairman, I yield exercise his authority to sign or veto the re- ment of the Government to which such budg- back the balance of my time. scission/receipts disapproval bill; and et authority is available for obligation, and The CHAIRMAN. All time for general (3) if the President vetoes the rescission/re- the specific project or governmental func- debate has expired. Pursuant to the ceipts disapproval bill during the period pro- tions involved; (3) the reasons and justifications for the rule, the amendment in the nature of a vided in paragraph (2), an additional five calendar days of session after the date of the determination to rescind budget authority or substitute as printed in House Report veto. veto any provision pursuant to this Act; 104–15 is considered as an original bill (c) If a special message is transmitted by (4) to the maximum extent practicable, the for the purpose of amendment and is the President under this Act and the last ses- estimated fiscal, economic, and budgetary considered as read. sion of the Congress adjourns sine die before effect of the rescission or veto; and

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1105 (5) all actions, circumstances, and consid- House of Representatives to the procedure ending during the preceding calendar year erations relating to or bearing upon the re- relating to a bill described in subsection (a) and approved by Congress, together with scission or veto and the decision to effect the shall be decided without debate. their total dollar value. rescission or veto, and to the maximum ex- (4) It shall not be in order to consider more (4) A list of rescissions of discretionary tent practicable, the estimated effect of the than one bill described in subsection (c) or budget authority initiated by Congress for rescission upon the objects, purposes, and more than one motion to discharge described the fiscal year ending during the preceding programs for which the budget authority is in paragraph (1) with respect to a particular calendar year, together with their dollar provided. special message. value, and an indication of whether each (b) TRANSMISSION OF MESSAGES TO HOUSE (5) Consideration of any rescission/receipts such rescission was accepted or rejected by AND SENATE.— disapproval bill under this subsection is gov- Congress. (1) Each special message transmitted under erned by the rules of the House of Represent- (5) The total number of rescissions of dis- this Act shall be transmitted to the House of atives except to the extent specifically pro- cretionary budget authority initiated and Representatives and the Senate on the same vided by the provisions of this Act. accepted by Congress for the fiscal year end- (e) CONSIDERATION IN THE SENATE.— day, and shall be delivered to the Clerk of ing during the preceding calendar year, to- (1) Any rescission/receipts disapproval bill the House of Representatives if the House is gether with their total dollar value. received in the Senate from the House shall not in session, and to the Secretary of the (6) A summary of the information provided be considered in the Senate pursuant to the Senate if the Senate is not in session. Each by paragraphs (2), (3) and (5) for each of the provisions of this Act. special message so transmitted shall be re- ten fiscal years ending before the fiscal year (2) Debate in the Senate on any rescission/ ferred to the appropriate committees of the during this calendar year. receipts disapproval bill and debatable mo- House of Representatives and the Senate. During consideration of the bill for Each such message shall be printed as a doc- tions and appeals in connection therewith, ument of each House. shall be limited to not more than ten hours. amendment, the Chairman of the Com- (2) Any special message transmitted under The time shall be equally divided between, mittee of the Whole may accord pri- this Act shall be printed in the first issue of and controlled by, the majority leader and ority in recognition to a Member offer- the Federal Register published after such the minority leader or their designees. ing an amendment that has been print- transmittal. (3) Debate in the Senate on any debatable motions or appeal in connection with such ed in the designated place in the CON- (c) INTRODUCTION OF RESCISSION/RECEIPTS GRESSIONAL RECORD. DISAPPROVAL BILLS.—The procedures set bill shall be limited to one hour, to be equal- forth in subsection (d) shall apply to any rely divided between, and controlled by the scission/receipts disapproval bill introduced mover and the manager of the bill, except b 1350 in the House of Representatives not later that in the event the manager of the bill is than the third calendar day of session begin- in favor of any such motion or appeal, the Those amendments shall be consid- ning on the day after the date of submission time in opposition thereto shall be con- ered as read. of a special message by the President under trolled by the minority leader or his des- Are there any amendments to the section 2. ignee. Such leaders, or either of them, may, bill? (d) CONSIDERATION IN THE HOUSE OF REP- from the time under their control on the pas- AMENDMENT OFFERED BY MR. BLUTE RESENTATIVES.—(1) The committee of the sage of the bill, allot additional time to any House of Representatives to which a rescis- Senator during the consideration of any de- Mr. BLUTE. Mr. Chairman, I offer an sion/receipts disapproval bill is referred shall batable motion or appeal. amendment. report it without amendment, and with or (4) A motion to further limit debate is not The Clerk read as follows: without recommendation, not later than the debatable. A motion to recommit (except a Amendment offered by Mr. BLUTE: eighth calendar day of session after the date motion to recommit with instructions to re- In section 2(c), strike ‘‘paragraph’’ and in- of its introduction. If the committee fails to port back within a specified number of days sert ‘‘section.’’ report the bill within that period, it is in not to exceed one, not counting any day on order to move that the House discharge the which the Senate is not in session) is not in Mr. BLUTE. Mr. Chairman, this is a committee from further consideration of the order. technical amendment called to our at- bill. A motion to discharge may be made (f) POINTS OF ORDER.— tention this morning by the Office of only by an individual favoring the bill (but (1) It shall not be in order in the Senate to Legislative Counsel. It is due to a only after the legislative day on which a consider any rescission/receipts disapproval drafting error in that office. Member announces to the House the Mem- bill that relates to any matter other than ber’s intention to do so). The motion is high- the rescission of budget authority or veto of It simply makes clear that the spe- ly privileged. Debate thereon shall be lim- the provision of law transmitted by the cial message being referred to is the ited to not more than one hour, the time to President under this Act. one described in section 2 as opposed to be divided in the House equally between a (2) It shall not be in order in the Senate to a nonexistent paragraph. proponent and an opponent. The previous consider any amendment to a rescission/re- Mrs. COLLINS of Illinois. Mr. Chair- question shall be considered as ordered on ceipts disapproval bill. man, I move to strike the last word. the motion to its adoption without inter- (3) Paragraphs (1) and (2) may be waived or vening motion. A motion to reconsider the Mr. Chairman, we have no objection suspended in the Senate only by a vote of vote by which the motion is agreed to or dis- to the amendment. three-fifths of the members duly chosen and agreed to shall not be in order. sworn. The CHAIRMAN. The question is on (2) After a rescission/receipts disapproval the amendment offered by the gen- bill is reported or the committee has been SEC. 6. REPORTS OF THE GENERAL ACCOUNTING discharged from further consideration, it is OFFICE. tleman from Massachusetts [Mr. in order to move that the House resolve into Beginning on January 6, 1996, and at one- BLUTE]. the Committee of the Whole House on the year intervals thereafter, the Comptroller The amendment was agreed to. General shall submit a report to each House State of the Union for consideration of the AMENDMENT OFFERED BY MR. CLINGER bill. All points of order against the bill and of Congress which provides the following in- against consideration of the bill are waived. formation: Mr. CLINGER. Mr. Chairman, I offer The motion is highly privileged. The pre- (1) A list of each proposed Presidential re- an amendment. vious question shall be considered as ordered scission of discretionary budget authority The Clerk read as follows: and veto of a targeted tax benefit submitted on that motion to its adoption without in- Amendment offered by Mr. CLINGER: In sec- through special messages for the fiscal year tervening motion. A motion to reconsider tion 2(a), strike ‘‘discretionary budget au- ending during the preceding calendar year, the vote by which the motion is agreed to or thority’’ and insert ‘‘the dollar amount of together with their dollar value, and an indi- disagreed to shall not be in order. During any discretionary budget authority specified cation of whether each rescission of discre- consideration of the bill in the Committee of in an appropriation Act or conference report tionary budget authority or veto of a tar- the Whole, the first reading of the bill shall or joint explanatory statement accom- geted tax benefit was accepted or rejected by be dispensed with. General debate shall pro- panying a conference report on the Act,’’. ceed without intervening motion, shall be Congress. confined to the bill, and shall not exceed two (2) The total number of proposed Presi- Mr. CLINGER. Mr. Chairman, the hours equally divided and controlled by a dential rescissions of discretionary budget statutory line-item veto proposed in proponent and an opponent of the bill. After authority and vetoes of a targeted tax ben- H.R. 2 is broader and stronger, as we general debate the Committee shall rise and efit submitted through special messages for have heard in general debate, than a report the bill to the House. The previous the fiscal year ending during the preceding constitutional amendment. It fulfills question shall be considered as ordered on calendar year, together with their total dol- the President’s request that we give lar value. the bill to final passage without intervening him the strongest possible bill, which motion. A motion to reconsider the vote on (3) The total number of Presidential rescis- passage of the bill shall not be in order. sions of discretionary budget authority or is what we are attempting to do. (3) Appeals from the decisions of the Chair vetoes of a targeted tax benefit submitted Unlike a constitutional amendment, relating to the application of the rules of the through special messages for the fiscal year which simply permits the President to

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1106 CONGRESSIONAL RECORD — HOUSE February 2, 1995 line out spending items from appro- ment. I know that the language of the fact unlimited, that a President may priations acts, H.R. 2 permits the amendment is identical to language al- go as deep as he likes within an appro- President to reduce or eliminate spend- ready in the committee report that priations account to cut specific ing from bills and accompanying bill purports to describe the bill as re- projects? reports. ported. Mr. CLINGER. Mr. Chairman, if the In addition, H.R. 2 permits the Presi- On page 12 of the committee report gentlewoman will continue to yield, he dent to veto targeted tax benefits for on H.R. 2, it is stated, and I quote, may within the appropriations bill. 100 or fewer. we decided on enhanced rescission for sev- The purpose of this is to say that he The purpose of my amendment is to eral reasons. It permits Congress to continue cannot go outside of these specifically clarify an area of potential misunder- appropriating with lump sums. After a Presi- enumerated sources to do that. It standing in H.R. 2. Our bill is intended dent signs an appropriations bill, he may would allow, yes, deepening. CRS was to permit the President to eliminate or propose for reduction or elimination any dollar amount specifically identified in a bill or cooperating with us in that language. rescind congressional earmarks for committee report or joint explanatory state- Mrs. COLLINS of Illinois. If the lan- wasteful spending. ment accompanying a conference report on guage in H.R. 2 concerning the Presi- We all know that these earmarks can that act. dent’s line-item veto authority did not occasionally be found in bills but are Should we conclude then that the de- change, the question is, why was this more often hidden in report language scription of the President’s line-item section of the report changed from the to accompany those bills. veto authority which I read refers to original CRS draft in which the Presi- I think probably all of us have been the language in the gentleman from dent is identified as having unlimited sort of victimized by finding things Pennsylvania, Mr. CLINGER’s amend- authority to the version in the filed re- that we were not aware of at the time. ment rather than the language of the port which identifies limitations on the My amendment simply clarifies the un- bill as reported? President’s authority. There seems to derstanding of our committee, I think, Mr. CLINGER. Mr. Chairman, will be considerable confusion on the part that the President may look to both the gentlewoman yield? of the proponents as to just how broad bills and accompanying reports or Mrs. COLLINS of Illinois. I yield to the President’s authority in this bill manager statements in specifying re- the gentleman from Pennsylvania. actually is. scissions proposals. In addition, my Mr. CLINGER. Mr. Chairman, the The description of the President’s au- amendment makes clear that the purpose of the amendment, I am sorry, thority in the filed committee report is President may not look to OMB or I did not her the entire statement, but clearly not accurate. I believe this is a agency justifications or other types of the purpose, I want to reemphasize, is good example of why the majority documents to rescind funds for pro- to make it very clear that it was our should not be racing through the legis- grams not specified by Congress. intent that the President not be able to lative process to bring complicated Mr. Chairman, this amendment will look beyond statutory or report lan- matters like the line-item veto act to relieve the concerns expressed, I think, guage. That is the absolute limit as to the floor of the House. We should first legitimately expressed by some, that what he is able to look at or impact. make sure we fully understand what the President might, for example, re- There had been some suggestions that these proposals do. taliate against a particular judicial this was kind of an open sesame, that The gentleman’s amendment also circuit, and that, I know, has been we were going to allow the President makes dollar amounts in committee raised by the gentleman from Pennsyl- sort of to roam through all kinds of ex- reports subject to the Presidential re- vania [Mr. KANJORSKI], by going be- traneous documents and extraneous scission. Why does the amendment yond bill or report language to zero out material to affect the report. We are refer to committee reports? Is it in- funding for that circuit. As was dis- going to make it very clear that this is tended to give the President a basis for cussed in my committee, that was not a severely limited power and that it is describing the budgetary authority he the intent and never was the intent of limited to appropriations bills, statu- is rescinding? Is it not the result that H.R. 2. This amendment simply spells tory bills, and committee reports. the President is being constrained by out in statutory language that under- Mrs. COLLINS of Illinois. Let me ask Congress through something short of standing. then what might be an accurate de- public law, and is that not an action In addition, my amendment ad- scription of the bill as reported? I un- that would run counter to the Supreme dressed the concerns of some Members derstand that the original draft of the Court’s decision in INS versus Chadha? that the President might attempt to committee report, which was distrib- It appears that this would be using strike statutory language he finds ob- uted to each member in our markup, the committee report to alter, and I jectionable in an appropriations bill. was actually written by the Congres- quote, ‘‘the legal rights, duties and re- While I have been assured by both sional Research Service of the Library lations of persons outside the legisla- legislative counsel and CRS that H.R. 2 of Congress and the CRS experts on tive branch.’’ does not permit such action, my these matters described the authority What then is the practical effect of amendment reaffirms that limitation this bill gave the President quite dif- this amendment and does not the by specifying that the President may ferently than the way it is described in amendment merely provide the appear- only rescind dollar amounts, not bill the version of the report which I read. ance of definiteness and specificity? language. Let me quote from the original draft I think this confusion arises from the report which the Congressional Re- b 1400 fact that in some States the Governor search Service prepared. It said, does have the power to actually effect ‘‘moreover, after a President signs an Mr. CLINGER. If the gentlewoman statutory language. It was never our appropriations bill, he may go as deep will yield, the amendment’s point, I intent to give the President that addi- as he likes within an appropriations ac- think, is to try to make clear the limi- tional authority, which would really count to propose specific rescissions.’’ tations that we are imposing with this enable him to effect policy and change Clearly, this describes the President amendment. or undercut congressional actions by as having unlimited authority to reach I think that the gentlewoman is changing statutory language. within a particular appropriation right, there has been some confusion This will just merely make it very, passed by the Congress and to cut about this. We have been trying to say, very clear that all we are talking about spending for specific projects and pro- Look, we are trying to limit this to is dollar amounts. grams such as administrative expenses dollar amounts, and we are limiting to I would urge the amendment’s adop- for a Federal court that may have rules dollar amounts in committee reports tion. against a President on an important as well. Mrs. COLLINS of Illinois. Mr. Chair- matter. The suggestion that somehow we are man, I move to strike the last word. The question then is does the gen- going to be affecting policy decisions Mr. Chairman, I do so for the purpose tleman agree with the CRS assessment made in committee reports or changing of asking the gentleman from Pennsyl- that the President’s line-item veto au- the emphasis is just not right. The vania a question regarding his amend- thority under H.R. 2, as reported, is in whole point of this is to make it very

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1107 clear that this is a limited authority lation that is on the floor, but in clari- and just say that we prefer that if we we are giving, that we are not allowing fication and mitigation of the powers accept her amendment, that she be in a broad-ranging, free-wheeling Presi- that this legislation gives to the Presi- favor of the bill. However, nevertheless dent to go around changing all kinds of dent of the United States. it is redundant, but it does speak to things, so it is a limited thing. Mr. Chairman, frequently in legis- the clear intent of the bill, and we Obviously, the gentlewoman does not lating appropriation bills Congress re- would certainly have no objection to it, think that it is specific enough, but I tains power to prohibit spending either. think from my vantage point it does through clauses such as ‘‘no such funds Ms. PELOSI. I thank the gentleman. make it much clearer what we are try- appropriated under the act may be used Mr. Chairman, I think this is an exam- ing to accomplish. for,’’ and then the list,; for example, ple of where, as the gentleman is a sup- The CHAIRMAN. The question is on years ago that was how funds were porter of the bill and I am an opponent the amendment offered by the gen- withheld from funding the Vietnam of the bill, that I am seeking to miti- tleman from Pennsylvania [Mr. war; or to limit spending through such gate the impact of the legislation, and CLINGER]. provisions as ‘‘no more than x number I am pleased that it is acceptable to The amendment was agreed to. of dollars shall be used for,’’ and then the majority side. AMENDMENT OFFERED BY MS. PELOSI you fill in the blank for what that limi- I thank the gentleman from New tation may be. Ms. PELOSI. Mr. Chairman, I offer York [Mr. SOLOMON] and the chairman So the purposes of the amendment, an amendment. of the committee, the gentleman from Mr. Chairman, is to clarify that under The CHAIRMAN. The Clerk will des- Pennsylvania [Mr. CLINGER], for their this legislation the President does not ignate the amendment. support of the amendment. The text of the amendment is as fol- have the authority to use the line item The CHAIRMAN. The question is on lows: veto to strike congressional prohibi- the amendment offered by the gentle- Amendment offered by Ms. PELOSI: Section tions or limitations on spending in any woman from California [Ms. PELOSI]. 2 is amended by adding at the end the fol- appropriations bill. lowing new subsection: While I believe this language is con- The amendment was agreed to. (d) LIMITATION.—No special message sub- sistent with what was reported from AMENDMENT OFFERED BY MR. MORAN mitted by the President under this section the Committee on Government Reform Mr. MORAN. Mr. Chairman, I offer may change any prohibition or limitation of and Oversight, I believe that this amendment No. 1. discretionary budget authority set forth in amendment is necessary to make it any appropriation Act. very clear that this is the congres- The CHAIRMAN. The Clerk will des- Ms. PELOSI. Mr. Chairman, I offer sional intent. ignate the amendment. an amendment which states that no With that, Mr. Chairman, I would The text of the amendment is as fol- special message submitted by the like to engage the chairman of the lows: President under this section may committee, the gentleman from Penn- Amendment offered by Mr. MORAN: At the change any prohibition or limitation of sylvania, [Mr. CLINGER], in a colloquy. end of section 2, add the following new sub- discretionary budget authority set Mr. CLINGER. Mr. Chairman, will section: forth in any appropriation act. the gentlewoman yield to me? (d) LIMITATION ON APPLICATION.—This Act That is what the amendment says. Ms. PELOSI. I am pleased to yield to shall not apply to any discretionary budget Mr. Chairman, I propose this amend- the gentleman from Pennsylvania, the authority for the judicial branch of the Gov- ment as one who rises in opposition to chairman of the Committee. ernment. the line-item veto legislation. I oppose Mr. CLINGER. Mr. Chairman, I sup- Mr. MORAN. Mr. Chairman, the pur- the legislation strenuously because I port the gentlewoman’s amendment. I pose of this amendment is simple. It think that it does damage to the bal- think it makes a valuable addition to exempts the judicial branch from the ance of power and separations of power the bill. It makes it very crystal clear provisions of this bill. It is not meant set forth by our forefathers in the Con- that this authority that we are giving to gut the intent of this bill in any stitution. to the President is very limited in way, and certainly is not any kind of In fact, I believe that in order for us what he can do. It is limited to dollar dilatory tactic. In fact, I trust that to truly have a line-item veto as is con- amounts. I think it is a very construc- there are as many constitutional schol- tained in this legislation, that it tive and helpful amendment. ars on the Republican side of the aisle should require a constitutional amend- Ms. PELOSI. Reclaiming my time, as the Democratic side of the aisle, so ment and change in our Constitution, Mr.Chairman, that would say, then, I would assume this would be a bipar- so disruptive do I believe it to be of the that the understanding of this legisla- tisan amendment. balance of power. tion of the chairman of the committee, Others have referenced in the pre- Imagine, Mr. Chairman, this sce- with the passage of this amendment, is nario: a new President comes to office, vious amendment, in fact, and then I that the President does not have the know my colleague, the gentleman promising an activist agenda. In his power to remove prohibitions or limi- first 100 days he offers sweeping new from Virginia [Mr. MORAN], will have tations on funds? initiatives that create new Govern- one addressing the judiciary, but it Mr. CLINGER. If the gentlewoman ment programs, impose new regula- would enable a President to even be will continue to yield, that is right, tions on different sectors of the econ- able to affect not only the actions of has no power to change authorizing omy, and greatly revolutionizes the Congress, but also affect the activities language in any respect whatsoever. I current system of Government, but of the judicial branch, the third branch think that is the intent of the gentle- this President’s new ideas run up of Government, so it is from that per- woman’s amendment. That is what it against a very resistant judiciary. spective, the perspective that says that does. our forefathers did not want the execu- Ms. PELOSI. I thank the gentleman. The Supreme Court does not agree tive branch to have this much author- Mr. SOLOMON. Mr. Chairman, will with what he wants to do, so one provi- ity. the gentlewoman yield? sion after another of this New Deal of Indeed, the Presidency of the United Ms. PELOSI. I am pleased to yield to legislation is overturned and declared States is a very strong position, but the gentleman from New York. unconstitutional. The President be- our forefathers did not want a king. Mr. SOLOMON. Mr. Chairman, I comes frustrated, and tries to bend the Hence, they wrote a Constitution thank the gentlewoman. I certainly will of the courts. The courts resist, which gave the executive branch pow- concur with the chairman of the com- and become even more intransigent. ers which were appropriate to a system mittee, the gentleman from Pennsyl- The President tries to pack the court where we had a balance of power, and vania [Mr. CLINGER]. with people that agree with him, but not a monarchy. Mr. Chairman, I wanted to tell the he is unsuccessful. Again, I say, Mr. Chairman, it is gentlewoman she was making great What does he do? He punishes the from that perspective that I offer this progress on this issue until she men- courts, but in a number of very subtle amendment, not in support of the legis- tioned Vietnam. We will let that go by ways. He cuts their funds for bailiffs,

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1108 CONGRESSIONAL RECORD — HOUSE February 2, 1995 he cuts their travel funds so they can- (By unanimous consent, Mr. MORAN quired in order to maintain that not travel anyplace, he refuses the re- was allowed to proceed for 3 additional strength. quest for new judgeships, he cripples minutes.) Our Founding Fathers were very de- the court. Mr. MORAN. Mr. Chairman, I want to liberate when they established our tri- Does this sound farfetched? Well, it emphasize that this amendment has partite system of Government, and I do happened. It happened under President nothing to do with busting the budget, not believe they accidentally stumbled Franklin Delano Roosevelt. Mr. Chair- it represents less than .1 percent of the man, this scenario could happen again budget, but has everything to do with onto a system where Congress appro- if this legislation is passed without busting the principle of separation of priates funds subject to Presidential this amendment. powers. approval and veto. They devised that Mr. Chairman, one of the most im- The gentlewoman from the District system intentionally, made no excep- portant foundations of our system of of Columbia [Ms. NORTON], just joined tion to the general appropriations pres- Government is the separation of pow- us. I want to mention a point she made entation-veto process for the judiciary. ers. It is advanced and guaranteed by in committee, because it is terribly im- They treated all branches the same, the independence of our judicial portant for us to focus on this. Some- just like any other program, branch or branch, and the independence of our ju- times when we can focus on specific agency, including Congress and the ex- diciary is secured by its independent situations, we understand the principle ecutive branch where there are equal budgeting authority. involved. opportunities to engage in the sort of This was not always the case. Before The gentlewoman from the District mischievous conduct that the gen- 1939, Mr. Chairman, courts were admin- of Columbia [Ms. NORTON] reminded us istered through the Justice Depart- tleman from Virginia foresees in this of how President Eisenhower contacted ment, within the executive branch. instance if we do not exempt the judici- Chief Justice Earl Warren during con- They had to submit their budgets ary. sideration of Brown versus Board of through the President, and this placed The judiciary was required to seek Education and told the Chief Justice he the power and authority over the fiscal and justify the funds it needs before affairs that were necessary for the con- did not think the country was ready to desegregate our public schools. But the both Congress and the President. That duct of those courts in the hands of the process has not been substantially chief litigant before those very same Chief Justice was able to ignore the President and do what I think was changed in over 200 years. The judici- courts. ary is not currently exempt from ei- Congress recognized the inherent right, what I think the American peo- ther the traditional veto or the exist- conflict of interest that dependence of ple know was right, because he did not ing empowerment process. the judicial branch upon the executive have to go to the President the next branch could cause. January hat in hand and ask for the This would represent a change from money to conduct the Court or for existing procedures. Under the em- b 1410 whatever additional bailiffs or clerks powerment process, the judiciary is not And so it created the Administrative were necessary, because he had inde- exempted. For Congress to provide Office of the U.S. Courts, to ensure pendence from the President of the what I consider to be a really sweeping that the courts were removed from United States, from the executive and unique exemption without careful that undue influence. branch. Today the President does not have consideration would in my judgment be The goals of this legislation are imprudent. the authority to modify the judiciary noble. We must reduce Federal spend- branch’s budget requests. He has to ing and protect the taxpayer from un- Even though the House and the Com- submit them to the Congress unauthorized and unjustifiable pork mittee on Government Reform and changed. That is a law. Congress then spending. But the judiciary is not and Oversight in particular have considered has the full authority to appropriate never has been part of the problem. Not the Federal empowerment process nu- funds for the judicial branch. But one dime in the judiciary account is merous times over the past 20 years under no circumstances can the Presi- spent for Members’ projects or for and have held dozens of hearings on the dent punish the court because he dis- pork. In the process of accomplishing issue, I must tell the Committee that agrees with its judgment. our entire consideration of the judicial This law would repeal that law, be- something else, let us not destroy the cause it returns us to the situation be- independence and the autonomy of our exemption issue, in addition to the de- fore 1939 and once again gives the chief judicial system to cure a disease that bate we had on the gentleman’s amend- litigant before the U.S. courts the au- simply does not exist. ment, was rally a 15-minute presen- thority to reduce or to eliminate spe- I implore my colleagues, please pass tation at a single hearing that we held cific appropriations for those courts. this amendment. Maintain the separa- by one Federal court judge about 2 As the gentleman just explained, he tion of powers and show the respect of weeks ago. our Founding Fathers in the Constitu- can reach in, inside the line item ap- I might also state that we have re- propriation that funds the Supreme tion that has endured for the last 200 years. viewed all of the 43 States that have a Court or any other court of appeals, line-item veto to see if in fact there is and he can pick out individual activi- Mr. CLINGER. Mr. Chairman, I move an exemption provided for the sort of ties that would not represent a blip on to strike the last word. the budget. They are less than 0.01 per- Mr. Chairman, let me say that this thing that the gentleman from Vir- cent. But those kinds of activities are issue is an important issue. It is an im- ginia seeks to do at the national level, dependent upon those thousands of dol- portant one that was considered at and there is no such exemption on any lars, taking them away could cripple great length during deliberations on of the States that have the line-item the ability of our courts to conduct the this matter in the committee. The veto. business of this Government, because amendment was offered by the gen- Because I do not believe that it is the law says he can veto all or any part tleman from Virginia and was defeated wise for the House to provide an ex- of a line item of an appropriations bill. 29 to 17 on a bipartisan basis. emption which fundamentally alters That is exactly what some President I must say that I really respect the the treatment of the judiciary vis-a-vis gentleman from Virginia a great deal in the future, will do with this line- the other branches and every other and I know of his interest and concern item veto authority, and I would re- Federal account without careful con- in this matter. I appreciate his concern mind our colleagues, we are not just sideration, I must oppose the gentle- for the judicial branch. I certainly passing legislation for 100 days or one man’s amendment. term of Congress but in fact for the share his interest in ensuring that our rest of American history. This is pro- Federal court system obtains the re- Mrs. COLLINS of Illinois. Mr. Chair- foundly important. sources it needs to remain strong. That man, I move to strike the requisite The CHAIRMAN pro tempore [Mr. is the gut issue here. number of words and to support the HOBSON]. The time of the gentleman I am not convinced, however, that an Moran amendment that exempts appro- from Virginia [Mr. MORAN] has expired. exemption from the item veto is re- priations for the judiciary.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1109 Mr. Chairman, this amendment Does this make any sense? I do not But we set the example for the rest of points out very clearly that this bill believe the American public will think the Federal bureaucracy. Now we are has implications for our whole system their interests have been well-served going out and we are going to shrink of Government that go far beyond cut- when they find out this bill com- the rest of the Federal bureaucracy, ting the Federal deficit. promises the independence of the Fed- hopefully by a third or more. The independence of the Federal judi- eral court system. And that is true of the judiciary as ciary is a cornerstone of our democracy To millions and millions of Ameri- well. They have got a lot of employees and it is directly threatened by the cans—minority citizens, women, the over there. But if we are going to power H.R. 2 gives the President. poor—the Federal courts have been shrink the Congress, and if we are Do we really want the President to their strongest, and at times their only going to shrink the Federal Govern- have the extraordinary power this bill defender. In many cases, the issues be- ment, and General Motors and G.E. and would give him to cut funds for the ad- fore the courts have not been popular, IBM and everybody else are going to ministrative expenses of courts whose and judges have had to make difficult downsize, I think the judiciary could be decisions he might not like? decisions. downsized a little bit too, if a Presi- Some would say the Congress already I, for one, do not want to make it dent saw fit to do so. That is all. It is appropriates funds for the judicial more difficult for the courts to uphold very clear. branch, so why not give the President and protect the civil and constitutional this role? rights of our citizens. Mr. MORAN. Mr. Chairman, will the However, there is an important dif- Whether you are for the line-item gentleman yield? ference. The legislative branch is not a veto, or not, I firmly believe that it is Mr. SOLOMON. I am glad to yield to party to many cases before the Federal in all of our interest not to tamper the gentleman from Virginia. judges. However, about 50 percent, half, with the independence of our Federal Mr. MORAN. I thank the gentleman of all cases before the Federal courts courts. I urge each and every one of my for yielding. involved the executive branch as a liti- colleagues to vote for this amendment. gant. Clearly the executive branch has It makes good sense to do so, it is First of all, I never mentioned the ac- plenty of reason to want to influence constitutional to do so, and it is the tual salaries of judges and we know Federal judges. right thing to do. that that is not affected. But certainly Unfortunately, this bill gives the Mr. SOLOMON. Mr. Chairman, I the salaries of the clerks, the adminis- President the ability to exercise that move to strike the requisite number of trative personnel, any travel money, influence in a very deliberate and a words, and I rise in opposition to the bailiff money. Now there are incidental very direct way. amendment. expenses, and I think it is an impor- I would ask my colleagues to just Mr. Chairman, the gentleman from tant point to make that this is not stop a moment and think back to past Pennsylvania [Mr. CLINGER] has made really relevant to the budget issues be- Presidents who have had major issues for Members all of the good arguments fore us. before the courts. As has already been against this amendment. So we will try I would ask the gentleman, has he mentioned by the gentleman from Vir- not to repeat those. ever heard of any pork on any issue ginia, President Franklin Roosevelt But as far as the salaries of judges within the judiciary appropriations? I went to great lengths to defend the are concerned, article III, section 1 of was on the appropriations sub- New Deal programs against challenges the Constitution, and you have a copy committee that provided the money. It before the courts. of it over there, prohibits this body is a small amount; it does not increase from fooling around with their salaries. much each year. b 1420 As far as courthouses are concerned, President Nixon fought bitterly to they do not even come under the judi- The courthouses which have been prevent the release of the Watergate ciary budget. controversial, come under the General tapes. I used to be on the Public Works and Services Administration. That is not It was also President Nixon’s refusal Transportation Committee with my under this budget, we are talking about to spend funds Congress appropriated, I friend from Pennsylvania, Mr. CLINGER, that. We are talking about just inci- would remind my colleagues, that over here. Courthouses come under the dental expenses to conduct the oper- caused Congress to enact the Impound- Treasury and Post Office appropria- ations of the Supreme Court and the ment Control Act. tion, not under the judiciary budget. U.S. Circuit Court. Their caseload has Can anyone here say that a strong But the thing that really gets under gone way up, there is a long delay. We and determined President would not my skin is when I hear my good friend, are trying to expedite the process of use the line-item veto authority in the gentleman from Virginia [Mr. the criminal justice system in this H.R. 2 to influence judicial rulings? Of MORAN], stand up and he says this item country and here we are going to make course not. It is far too great a risk for only counts for one-tenth of 1 percent an issue out of this relatively small this Congress to be taking in the name of the budget. How many times have I amount, all in the guise of line-item of deficit reduction. heard that? veto. I would remind my colleagues that it You know, last March I introduced a Mr. SOLOMON. Let me just reclaim was concern about Presidential pres- balanced budget on behalf of about 50 my time by saying last year the judici- sure on the judiciary by President Republicans and Democrats. It cut ev- ary request was for $3.1 billion, a lot of Franklin D. Roosevelt again that led to erything almost across the board, some money. This Congress did not give the enactment of the Budget and Ac- more than others because it was pro- them $3.1 billion, I think we gave them counting Act. We talk about account- gram specific. But I got calls from all $2.8 or $2.9 billion, because we did not ability. The Budget and Accounting over this country saying, ‘‘You know, feel they needed it. Act, under this law, the judiciary sub- this program only takes one-tenth of 1 We are the keeper of the purse mits its budget requests to the Presi- percent.’’ Well, one-tenth of 1 percent strings. dent, and the President is required to of the budget adds up to a lot of Mr. MORAN. That is five one-hun- transmit them on to the Congress money. We just finished putting people dredths of 1 percent of the budget. without change. like me in that bind. If we do not adopt the gentleman My friend, the gentleman from Mas- Mr. SOLOMON. Now a billion here, a from Virginia’s amendment, we will sachusetts, JOE MOAKLEY, who was billion there, we are talking about a have effectively nullified the Budget chairman of the Committee on Rules, lot of money. and Accounting Act. Even though the had so much staff running around that The gentleman’s amendment is not President would not be able to change they were coming out of his ears, and the only amendment pending. There the judiciary’s budget before it is sub- we cut his staff back in this Congress are 31 of them out there. A number of mitted to Congress, he could use his by a whole third. Do my colleagues them have exemptions in them. There authority in H.R. 2 to line-item veto know what? It is functioning very, very is another one coming up to exempt the judiciary budget after it is enacted well. I got about half of what he had, the legislative branch. Should the leg- by Congress. and we are still doing the job. islative branch be exempted? No; the

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1110 CONGRESSIONAL RECORD — HOUSE February 2, 1995 answer is no. And we should not ex- power responsibly, then you should not only in Massachusetts but in many empt anybody. Let us put them all in vote against us. States in which legislative appropri- the pot and I think any President, But if you mistrust too much power ators get together with the judiciary to Democrat or Republican, is going to be in the hands of the Executive—as did form a kind of deal in which levels of fair. It is his responsibility to run this this Nation’s founders; if you believe in budgets are set and, indeed, numbers of Government. Ours ought not to be our system of checks and balances; if court officers are set, and at what micromanaging, but legislating and you believe in a free and independent court they will be stationed and even passing laws. Let the President run the judiciary; if you believe that Congress to the extent of who will hold those country. has the responsibility and the obliga- court officer jobs, and more often than Mrs. MEEK of Florida. Mr. Chair- tion—as we all swore on this floor 4 not those jobs ultimately end up being man, I move to strike the requisite weeks ago, when we took the oath of held by the political cronies of the leg- number of words. office—‘‘to preserve, protect and defend islative appropriators. Mr. Chairman, I rise in strong sup- the Constitution of the United States,’’ I believe that the executive, the Gov- port of the amendment which I am co- then you should vote for our amend- ernor, should have the right to dis- sponsoring today with my friends, the ment. cipline that process, to act as a coun- gentleman from Virginia [Mr. MORAN] b 1430 terbalance when the legislature and and the gentlewoman from the District the judiciary get together on some- of Columbia [Ms. NORTON]. Mr. BLUTE. Mr. Chairman, I move to thing like that. Mr. Chairman, at the outset I want strike the requisite number of words. And so it is proper that they would to assure my colleagues that this Mr. Chairman, I think those of us in be able to veto, use a line-item veto, to amendment is not some frivolous at- the majority have a great deal of re- say, ‘‘Hey, folks, wait a minute, that is tempt to cripple this bill. spect and admiration for the gen- not proper. It is not good for the tax- It is not our purpose to argue with or tleman from Virginia. He is an able payers, the deal that you struck on pull a fast one on those who feel that member of the Government Reform and court officers and the level of your the line-item veto is needed to control Oversight Committee and adds a lot to budget, and the Governor is going to spending. the debate on that committee and did veto that.’’ That is a proper check and The budget of the judicial branch is a on this particular issue which was a proper balance. minuscule part of the Federal budget. dealt with extensively in the com- I would ask, how is the relationship This is not about balancing the budget mittee. between the Legislature and the judici- or cutting pork. We join him in believing in an inde- ary somehow above these checks and Our amendment is even more impor- pendent judiciary. We do think that balances? They deserve to be scruti- tant: safeguarding the judicial branch that is a cornerstone of our democracy. nized as forcefully and as vigorously as from the possibility of intimidation, But we also believe that his amend- any other branch. the possibility of pressure from the ment puts the judiciary on a higher And finally, with regard to the fact President. plane than the other branches of Gov- that the Executive is a litigant before For 200 years, the Federal courts ernment, and in so doing tilts the bal- the Federal courts, which is true, but have been the guarantor of individual ance of power toward one branch. it is also true that the courts can in- rights and the dispenser of both justice The Founders clearly wanted a sys- terpret legislative laws and, indeed, and mercy in our legal system. tem of checks and balance where each from time to time strike down congres- More than any other institution of branch would be able to counteract the sional action as unconstitutional. So it our Government, the courts made pos- excesses of the other branches, and is not a complete separation with re- sible—despite enormous opposing they particularly wanted that to hap- gard to that. power—the full rights of citizenship for pen when two branches got together on I think the amendment offered by the millions of African-Americans and something, as the gentleman’s amend- gentleman from Virginia is a mistake. other minorities. ment is putting forward. I think we should reject it. I think we The judicial branch of Government The Founders dealt with this par- should pass a strong line-item veto bill also deals with some of the most con- ticular issue and decided that only sal- for the President of the United States. troversial and emotional issues in our aries—only salaries would be cordoned Ms. NORTON. Mr. Chairman, I move society—issues that are also among the off and protected in the Constitution, to strike the requisite number of most difficult for us to deal with. but that everything else would be in words. As my colleagues have pointed out, play in terms of our system of checks Mr. Chairman, we spent a lot of time our history is replete with Chief Execu- and balances. They did that, I think, in in committee. I do not think that it tives using whatever tools at their dis- a narrow way for a very good reason, was expected that we would spend as posal to pressure or intimidate the ju- that the judiciary is not above scru- much time, but the debate was, indeed, diciary and thereby exercise improper tiny, is not above the checks and bal- revealing, and many Members simply influence over its decisions. ances that we seek in our system of had not spent a lot of time thinking The Nation’s founders did not trust, Government. about the judiciary and the role it nor should we trust, the President’s This bill does not change the Budget plays or might play generally. good sense, or his sense of duty or and Accounting Act. The judicial budg- For this amendment, for example, honor, to protect the judiciary from ets would still flow through the execu- there were Members who thought that undue influence and to insure its inde- tive to the legislature unchanged, but in effect what you could do is to strike pendence. after the legislature intervened and a line from the judiciary budget, and Mr. Chairman, we are all politicians dealt with the judicial budgets, then it the debate clarified that you could get here. All of us know the practical uses is proper that the President would be down to the lowest level of expendi- of political power in all of its subtle- able to exercise his ability to act as a ture, because you could strike a partial ties. We use our power to send mes- check and a balance on that budget, expenditure as well. sages, to change policy, to influence and that is what the existing situation What was fascinating about the de- decisions, and to get results. is, and that is what the line-item veto bate was that there was not always a Maybe not today, maybe not 10 years would allow the executive to do. deep appreciation for the uniqueness of from now, but someday in our future— We heard great testimony from the the judicial branch. Many Members as has been the case in our past—some State governments and the Governors think of the judicial branch—and you President will be locked in battle with who have a line-item veto, and in most have heard some of the debate this the courts. cases, if not in all cases, the Governors evening—as just like the rest of us, I say to my colleagues, if you believe are not precluded from using their line- just one of the rest of us. That is what that every President of the United item veto with regard to judicial ex- I want to speak to. States will always ‘‘do the right penditures, and that is as it should be. Indeed, I rise to speak for the branch thing’’—that the President of the Governor Weld of Massachusetts de- that cannot speak for itself, and in United States will always use his scribed a situation that often happens, that respect it is particularly different

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1111 from the two other branches. I do not There are reasons for safeguards here. ally got a little less from us than they rise to speak as a lawyer partial to the You have to ask yourselves, ‘‘Yes this wanted, than they submitted. judicial branch. On the contrary, I was will be another check.’’ But I ask you The point I am trying to make is I do one of the leaders in committee in the is that check on the courts worth it? Is not think we should treat the branches 103d Congress to cut 10 percent from it worth giving the appearance that the of government differently and put one courthouses, but we were cutting from Congress would like to get to a part of above and out and off the reservation the GSA budget, not the Article III their independence, allow the Execu- because of some concern that someday budget, the Article III court budget. tive to get to a part of their independ- we might have intimidation or some This House, of course, can cut from ence, as indeed he could do. other thing. that budget in open debate for the The Executive and the Congress are That is all part of the give and take world to hear and see, and you would not independent branches; we are of the process. We are trying to open have to be able to do that because the meant to be responsive branches. In up the process, open it up to the sun- Framers understood they would have that way we are very different from the shine, saying this is an orderly way to to leave the purse power for all judiciary. We, the Congress, and the submit a budget, everybody will honor branches here. When we found that Executive are much more alike than the budget. Then it goes through a there were luxurious courthouses that the judiciary is like either of us. They process. Then when we add the powers were heavily influenced by the judges deal with cases and controversies, espe- we have to do the business of govern- themselves, we took the judges out of cially cases and controversies involv- ance in our Nation and clarify what what the judges should not be in, the ing the Executive. We do not. We must should be done and should not be done, courthouse-building business. keep them out of the fray. that is the process. If we find we are But we do not ever want to give even The CHAIRMAN pro tempore (Mr. spending more than we are taking in, the appearance of getting into judges’ HOBSON). The time of the gentlewoman then we have the opportunity for some business, and what I have heard here from the District of Columbia has ex- rescission. does not show a true appreciation for pired. It is at that point that we work to- both fact and appearances from the (By unanimous consent Ms. NORTON gether with the executive and say, to- Congress, a branch for whom appear- was allowed to proceed for 2 additional gether, how do we deal with this ances do not mean nearly what they minutes.) prioritizing where we want to spend must mean for the courts. Ms. NORTON. I thank the Chairman. our money. I think that is the point we Of course, we have a precedent of ac- We must keep them out of the fray, are trying to make. I think the point tual interference with the judiciary we must keep them from appearing you all are trying to make is that we through the budgetary process, and I even to be in the fray. There is such a are somehow going to have to set the do not speak, of course, of the F.D.R. strict sense of ethics in the profession judiciary off the reservation; it would packing of the Court, because perhaps that the judiciary may only come to be out of the process because they are that kind of overt activity is most eas- Congress and testify on limited mat- somehow sacrosanct. I just do not ily checked. It is the chipping away at ters, even when those matters involve think that is an accurate description of the budget that is far easier to cover themselves. We must engage in conflict the way it is supposed to work. I think up or pass off as budget-cutting, espe- avoidance when it comes to the judici- we are all supposed to equally partici- cially when you need a two-thirds vote ary. We must show restraint when it pate. If there is belt tightening, it is to override a veto. comes to the judiciary. everywhere. If we accomplish all budg- Retaliation to the courts does not It was no part of the intent of the ets that are appropriate, then we will have to be very large to be very effec- sponsors of this bill to alter the bal- do that. tive or to put in play a branch that ance of power between the Executive Mr. MORAN. Mr. Chairman, will the should never be in play with us and and the judiciary. The intent clearly gentleman yield? where we should only have something was to alter the power balance between Mr. GOSS. I am happy to yield to the to say about how much money they the Executive and the Congress. gentleman from Virginia. spend and just leave it as it be, and We do not seek to alter this balance Mr. MORAN. Mr. Chairman, I thank particularly leave them far away from here. We do not need to alter this bal- the gentleman for giving me the oppor- the executive. ance here. It has never been much of a tunity to clarify. temptation. Yet we are creating the There is a 1939 law that prohibits the b 1440 impression we would like to open up executive branch from altering the The courts are a sitting target for that temptation. budget request of the judiciary. the Executive because it is the Execu- The judiciary cannot speak for itself Now, it is up to the legislative tive that is the prime litigator before today. There is a good reason for that. branch to pare back, to make sure that the courts, and they have a massive op- That reason is to completely it is an appropriate request. We have portunity to tick the Executive off pre- depoliticize the judiciary. Ironically, done that every year. Last year I think cisely because the Executive is always their silence, their mandated silence is we cut it—I think the gentleman men- there before them. The Congress was so part of their independence. tioned $3.1 down to $2.8 million. They concerned about what in fact exists in So I rise to speak for an independent took their share of the cut along with actual precedent that the Budget and judiciary. Our bill loses nothing by in- everyone else. We do not have a con- Accounting Act says that the Execu- sisting that the judiciary remain im- flict of interest with the judiciary. We tive has to submit the budget of the pregnable as a matter of fact and as a do not litigate half of the cases before Judiciary as is. We are told that noth- matter of appearances. the Supreme Court. That is why that ing here would change this. Nothing Mr. GOSS. Mr. Chairman, I move to 1939 law was put in. would change that, of course; instead strike the requisite number of words. So I have to correct what the gen- of a crack on the front end we open a Mr. Chairman, I missed some of the tleman suggested. The President, the crack on the back end. If you mean the debate, but if I heard correctly, the executive branch does not have the Budget and Accounting Act, and you gentleman from Virginia [Mr. MORAN] right to alter the judiciary appropria- act like you mean it, then you don’t says the President cannot alter the tion, which is a budget request at that give up a whole lot when you leave the budget of the judiciary submitted to point. This law would give the Presi- judiciary independent; you do give up a him by that branch. I do not think the dent the ability to change our appro- whole lot when you say we are going to gentleman from Virginia would argue priation level, which does not have to treat the Executive the way we treat that somehow the Congress is bound be what was requested. The Appropria- everybody else, no different from any- not to alter the request that we get tions Committee has full latitude to body else. from the judiciary in the appropria- appropriate whatever we want. But we Go back to Civics 101: You do not tions bill. That just would not make have no conflict of interest with the ju- have to go to law school to appreciate sense. Of course, as I believe the chair- diciary. This law says that after we that the courts are different, and we man of Committee on Rules pointed make our decisions then the President have to concede that they are different. out, the judicial branch last year actu- can change those decisions and, for

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Reclaiming my time, I United States is going to be infallible, judiciary of the United States which would say there are no guarantees in benign, upright, and totally altruistic? has made sure over the years that we any legislation that we are proposing As a matter of fact, when someone said have maintained who we are and main- that I am aware of that is going to pro- awhile ago we did not want to raise the tained what we are. vide all of the protections from judiciary above the other branches, Mr. SHAYS. Mr. Chairman, I move to politicalness. I do not believe anybody what we are doing is raising the execu- strike the requisite number of words. has come up with that legislation. I tive above all other branches, and, as Mr. Chairman, I love the fact that we think the gentleman has a point on his someone said again this morning, that have for the first time in many, many side of it and we have ours, I think. we are giving the ultimate weapon to years an open debate on what truly is Mr. BLUTE. Mr. Chairman, will the the executive. When our Founding Fa- a very important piece of legislation, gentleman yield? thers decided the best way to keep poli- and I know there are some Members Mr. GOSS. I yield to the gentleman tics out of government was to have who think it may take too long, but I from Massachusetts. three equal branches of government, have learned a lot from my colleagues Mr. BLUTE. I thank the gentleman they knew what they were doing. If we on the other side, and I also have from Massachusetts. do not believe in checks and balances thought a lot about this issue, as they Mr. Chairman, this bill does not af- anymore, then let us go headlong into have, and want to weigh in. fect the Budget and Accounting Act. this business of simply giving to some- I hear talk about an independent ju- The budget would still flow through one at 1600 Pennsylvania Avenue the diciary, and I want to say without any the executive untouched. But once the right to decide whatever is going to hesitation that I want the same inde- legislative branch was involved then, happen in the Congress of the United pendence, that I want the same inde- rightly so, the executive branch should States. pendence that I see in the judiciary. I be involved also in our system of col- I have talked to some of the Members want to see that maintained, and I lection and balances. whose States have line-item vetoes, take some exception to an argument If there are tremendous changes and in many cases it amounts to little that says that somehow this amend- made by the legislative, it seems to me more than an opportunity for black- ment will give them the independence the executive should be involved also. mail. One Member told me in his State that they would not have if this Again, with regard to this idea that every member puts in everything in amendment were not to pass. somehow the legislature has nothing to the world in the bills that anybody This amendment is wrong because it do with the courts, there are no con- asks them to knowing they will get flies in the face of separation of pow- flicts there, there are. The courts ulti- about a third of it, and they say, ‘‘The ers. We in this amendment would give mately interpret our laws and from Governor killed it,’’ and the Governor to the legislature a power that it does time to time strike them down as un- can also say, ‘‘If you want that water not deserve. We would give the power constitutional. That is a pretty inti- project in your district, son, you better for the legislature to have the same mate relationship. support me for reelection.’’ kind of manipulation that is seen in Mr. MORAN. Mr. Chairman, will the There is no protection from that and the President because the President gentleman from Florida [Mr. GOSS] fur- no reason for us to believe that what maybe has been a Republican President ther yield? we are handing over today, would not for so long that they tend to think that Mr. GOSS. I yield to the gentleman be a weapon that could be used in a po- way and think that all virtue is in the from Virginia. litical way. The only protection we legislative branch. It is not. That is Mr. MORAN. I thank the gentleman have is what we have now, and this is why our Founding Fathers made sure for continuing to yield. a strong three-part government that there were three separate branches Mr. Chairman, I have to remind the we are quickly dismantling. with three separate powers. gentleman that the legislative branch I do want to make a plea for the I want the judicial branch to be the is not a litigant before the Court. That amendment offered by the gentleman judicial branch. I want the legislature is a problem. The Justice Department, from Virginia [Mr. MORAN] that the to be able to bring forward appropria- the executive branch litigates half of courts are different. We are not talking tions. I want the President to utilize the cases that come before the Court. about the bricks and mortar. It is not the power to veto when he thinks there That is where the conflict of interest the buildings that we are so concerned is excess. I do not want to create an is- exists. We do not have a conflict of in- about, and Lord knows we are going to land unto itself within the judicial terest here except in very minor areas. keep costs down, and we have done branch, so I stand firmly in support of Ms. SLAUGHTER. Mr. Chairman, I that; that is our job here. We are talk- an independent judiciary. move to strike the requisite number of ing about their freedom to make the What I think happens if this amend- words. best judicial decision they can make ment were to pass is, when the judges Mr. Chairman, I wish I had the elo- unfettered by pressure. come or their people come and sit down quence and the power to try to reach Why in the world would we go back in that room with the legislative out to the Members of this House today to the days that many of us lived branch, there is a cozy possibility of a and give some idea of the depth of through in the Watergate era when a relationship, and somehow the argu- harm we are doing. But I know that the President of the United States did ev- ment that 50 percent of the litigation die is cast on this bill and that my erything he could to influence the is the executive branch, implying that words would just go into the RECORD courts? But thank G-d for the Constitu- the executive branch, as the lawyer for and be forever lost. tion of the United States that he was the legislative branch, is totally in The Delegate from the District of Co- unable to do it. agreement with everything it brings lumbia was right, we had a lengthy de- Surely, as we rush to dismantle the before the court, it is enforcing our bate on this issue in the committee, Constitution and the government that law, my law, the law of the legislative and I think frankly it is one of the best has been the envy of the world and that branch passed into and signed by the that I have ever heard. has stood us in such good stead for over President. But maybe it was a previous I suppose those of us who stand up on 200 years, we can at least make some President. Maybe it was not the Presi- the floor from day to day and try to sense out of what we are doing today, dent who is now President. He may not talk about the Constitution, the sepa- and, if we think, and many Members in even agree with the legislation that he ration of powers, must sound quaint this House think, that they do not have is having to defend because he is re- and even old fashioned because I know the brains, or the will, or the back- quired to as the executive branch per- that the new day has dawned and the bone, or the gumption, or the honesty, son. thing they are going to do is to keep or even the decency to do the right When I hear questions to the gen- their word with the contract. thing, and they have got to let the tleman from Massachusetts [Mr.

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But somehow it ers separate, and I will fight as hard as He has powers of a vastly different pro- is all right for the client and the judici- I can to somehow cut out one branch portion. ary to be in bed together in the sense from the process that it was given to But even if the argument were ac- of making their budget without the us by the Founding Fathers. cepted, the power of rescission to both oversight of the executive branch. I I know we are all sincere here, and at reduce and eliminate appropriations is think the executive branch should the end I could be wrong, but I feel this denied 40 Governors, specifically denied weigh in. as passionately as my colleagues do on them, for the very reasons we cite here And when I look back at the Fed- the other side. today. So we do not duplicate the experience eralist Papers, that is what our Found- b 1500 ing Fathers thought as well. Madison of the States, we greatly exceed it. in Paper 47 said he proclaimed that ac- Mr. TORRICELLI. Mr. Chairman, I Third, even if these arguments are cumulation of all powers, legislative, move to strike the requisite number of not accepted, there is not evidence that executive and judiciary, in the same words. these powers being given to each execu- hands, whether of one, a few, of many, Mr. Chairman, I rise in support of the tive would in fact have a meaningful and whether hereditary, self-appointed amendment of the gentleman from Vir- impact on expenditures. Indeed, the Public Administration or elective, may justly be pronounced ginia [Mr. MORAN] and against the line- Review has studied 45 States that have the very definition of tyranny. item veto. I say to my colleagues, you think, as Mr. Chairman, when the 20th century a line-item veto, and concluded: you argue this, that you are protecting concludes, there will be but two na- It is easier to portray the line-item veto as an instrument of executive increasing power, the judicial branch in our government. tions who end this period of history with the same form of government rather than an instrument for fiscal effi- I think you are hurting it. I think that ciency. The line item veto probably has had we want separation. I believe with all with which the century began. All oth- a minimal effect on making state govern- my heart and soul, whether you agree ers have fallen victim to revolution or ment more fiscally restrained. with me or not, that I want the sepa- tyranny, internal or external. Only the Fourth, the entire proposal is based rate power. I don’t want the executive United States and Britain remain. And on the assumption that somehow Presi- branch being a judiciary branch. I if there is a common thread through dents have a monopoly on good judg- don’t want the judiciary branch being a their forms of government that may ment, that somehow they would be fis- legislative or executive branch. I want account for their survival, it is the cally more responsible. to keep them separate, and by keeping concept of limited executive power and The CHAIRMAN. The time of the them separate we have a check and a the separation of the powers of govern- gentleman from New Jersey [Mr. balance. ment. TORRICELLI] has expired. So, I calmly, I calmly, object to the Our Founding Fathers believed that (By unanimous consent, Mr. kind of comment that says that maybe the principal threat to American lib- TORRICELLI was allowed to proceed for we do not understand what is hap- erty would never be a foreign foe, no 2 additional minutes.) pening. I think we do, and I think my invader or tyrant. It would be within Mr. TORRICELLI. Mr. Chairman, the colleagues do as well. I just think that us, if anyone succeeded in concen- experience of this Congress in our own we come from it from a different per- trating executive powers. So, based on time has been exactly the opposite. Our spective. their own experiences with the British national debt has increased by fourfold I believe that our Founding Fathers monarchy, they sought to divide the not because of a Congress, but because were right. I say to my colleagues, I be- executive powers of this country to as- of the very executive power that you lieve our Founding Fathers didn’t want sure that there was no concentration. are using today to control spending. It two to team up against one. I don’t They recognized, as we have experi- was, after all, during the Reagan and think they wanted to leave one branch enced, that it would often be ineffi- Bush administrations where they pro- out so it couldn’t weigh in, and I think, cient, sometimes wasteful, always posed spending in excess of the spend- when you have three, you guarantee slow, and, as indeed history has proven, ing proposed by budgets within this there will be fairness and that one it would be very frustrating, but that Congress against restraint attempted won’t become dominant, and just as indeed nothing else could assure the in this Congress that this deficit was some of my colleagues, who rightfully continuation of liberty. created. know that the judicial branch, in par- Under this system we have seen the But indeed, Mr. Chairman, none of ticular as it relates to civil rights appointment of Presidential powers; these arguments compare with the con- issues, has been your champion, just as taxation powers to the Congress, ap- cern for our constitutional govern- it has been, there may be some day propriation powers; declaration of war ment. Our country has been blessed when it isn’t your champion. It may be to the Congress; Commander in Chief with leaders like George Bush, Bill that the executive branch is your to the President. But the balance has Clinton, Gerry Ford, and Jimmy champion, and it may be the judicial worked. Carter, who, even if they possessed ex- branch—— Now some would have us believe that ecutive power, would not have abused The CHAIRMAN pro tempore (Mr. one man, a President, would better it. But who here can be certain that HOBSON). The time of the gentleman serve this country by having the power will be true for all time? Who would from Connecticut [Mr. SHAYS] has ex- to rewrite or eliminate entire appro- serve on a Watergate Committee if pired. priations. Their argument rests first on Richard Nixon had this power over (By unanimous consent, Mr. SHAYS the notion that there is no other alter- your district? How would the Vietnam was allowed to proceed for 2 additional native to reducing spending. This ig- war have been different if Lyndon minutes.) nores the fact that in our constitu- Johnson had had the power to control Mr. SHAYS. It may be that the exec- tional scheme, there is already a right your districts if you voted against ap- utive branch is your champion and my to reduce spending through rescission. propriations? And what of Harding and champion on this issue and that the ju- Indeed, in the last 20 years Presidents Teapot Dome, or Franklin Delano Roo- dicial branch isn’t. It could be a dif- have proposed 72 billion dollars’ worth sevelt, as the gentleman from Virginia ferent court. It could be filled with dif- of rescissions, and this Congress has has suggested, over the courts? How ferent people. approved 92 billion dollars’ worth of re- would American history have been dif- In response to the question, do I scissions. ferent? think all virtue is in the executive Second, their argument rests on the I know that our country is troubled, branch: of course not. In response to fact that they believe we are dupli- and I know that we have problems. But the question, do I think all virtue is in cating a constitutional arrangement this constitutional arrangement has the judicial branch: of course not. In that is already successfully imple- withstood civil wars, international response to the question, do I think all mented in the States. But a President, conflict, and a depression, and served

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1114 CONGRESSIONAL RECORD — HOUSE February 2, 1995 this country well. Certainly no prob- veto, that Congress can override a pres- What are the purposes of this bill lem before us today is so great that it idential veto. Yes, you have to go after all, H.R. 2? would require us to change this balance through a majority vote and a two- No. 1, it is to cut spending, cut spend- of powers, as our fathers before us re- thirds vote, but indeed it can happen. ing and reduce the deficit. Frankly, I think it is vastly oversold. I doubt that fused to do in times of much greater b 1510 national peril. it will really have more than a foot- The proper power of this country I would suggest by that that if a note’s impact on the deficit reduction with regard to appropriations belongs President would do what some Mem- when the history of the rest of this dec- in the People’s House. If that power is bers have insinuated that a President ade is written, if it is indeed passed. not handled well, the people have a might do or possibly could do, they I think the more important purpose remedy with elections. It is best not would do this at high political risk. of it is to restore public confidence in taken away from the people them- There is not a single Member who is the appropriations process in this Gov- selves. opposed to that who would not rise to ernment, particularly in this Congress. Mr. CASTLE. Mr. Chairman, I move it and say that the President had no The people want to know that the to strike the requisite number of right to line-item veto that particular budget has been scrubbed. They want words. item. We feel that was wrong and we to know that we have culled out and Mr. Chairman, I would just like to feel that President should pay for it. I the President has the power himself take probably less than 5 minutes to think politically they would pay for it. independently to cull out and clean up bring forth a couple of points that have I would also point out that in the the budget and get rid of anything that been made here. One is, I do not think framework of the work that is done by is unwarranted or wasteful. It gives the there is anybody in this Chamber who the Budget Committees and within this public some additional authority, a lit- is any less protective than anybody Congress and by the President, we have tle more confidence in this institution, else of the 435 of us of the three sepa- always set the budget of the judiciary. which is sorely wanting. rate branches of government. I think it It is something that has always been But we can adopt this amendment is something we have all learned and up to the other two branches of Gov- and should adopt it and not detract one we all recognize. I have never heard ernment. It is not set by the judiciary. wit from either one of those purposes anyone in this Chamber at any time I think we need to remember that as because the amount of money we are before I got here or since I have been we continue to debate this argument. talking about here is miniscule. This here who has in any way attacked that Also, if we start here with the judici- will leave, even if we adopt the amend- particular premise, and my judgment is ary, and admittedly we are talking ment, the entire discretionary budget, that this legislation, the line-item veto about a branch of Government so it $545 billion on the President’s veto pad. legislation, does not really attack that seems to have a greater ring of impor- He can still wield his veto pen as to all particular premise. tance to it, but the bottom line is, if of the expenditures in defense and ev- I believe that the three branches of we start there, are we going to start to erywhere else in the budget. government continue to be protected. exempt other areas of importance. How Indeed, if the proponents of this bill, If we were really concerned about the about a President who does not like de- H.R. 2, are concerned about this involvement of the President with re- fense? Are we going to start to deal amendment because it is a tiny excep- spect to the Federal judiciary, I would with that, or EPA or something of that tion, it is a small loophole, they really think we would have legislation before nature? should focus on two amendments that us to take away the right of the Presi- I think for all of these reasons that we are going to offer later in this proc- dent to appoint the members of the the argument is actually, while it is ess. One is to expand the coverage of Federal judiciary, who I might add are important and the earnestness of those the President’s veto so it extends the paid very well, they are paid for life, who are making it is absolutely sincere contract authority implemented in and they have lifetime appointments. and real, and I believe that, my view is public works bills. That is worth con- So I do not think they feel very threat- that this particular argument, while it sidering. It has vastly more signifi- ened by what this Congress may do in is not de minimis, is of much less im- cance than this particular amendment this particular legislation. portance in terms of the ability to in- here. Or they should look at the Tax Obviously, as has been explained fluence the judiciary than has been Code and the amendment we will offer here, I think the gentleman from Vir- made here today. that deals with tax expenditures which ginia [Mr. MORAN] explained it, the For all these reasons, I oppose this is spending by another name imple- money we are dealing with here is real- particular amendment. And I assert mented through the Tax Code. ly funding of some of the clerical and that the line-item veto should continue Those two amendments would vastly other functions of the judiciary. It is as it is, unfettered by any exemptions expand the reach of the President’s clearly an issue of concern to them, to it so the President and the Congress veto power and undergird the purpose but I do not think in any way could can work together to have better budg- of this bill a lot more than this minor this Congress or the President of the etary processes in this country. amendment which we are talking about United States either overturn or influ- Mr. SPRATT. Mr. Chairman, I move here, minor in terms of detracting from ence the judiciary with changes in that to strike the requisite number of the budget process. particular area. words. So we have an alternative, if we want But I have looked back, and it has Mr. Chairman, I rise in support of to make this bill more effective. We been said on this floor before and it this amendment. I might add I knew can pass this bill, as the gentlewoman should be repeated, that as far as I nothing of the purpose or the need for from the District of Columbia said, and know, none of the line-item vetoes in such an amendment until I attended lose nothing, really. But we gain a any of our 43 States pertains to an ex- the hearing which our committee held great deal in terms of our independ- ception for the judiciary. It just does on this particular bill. I think it bears ence. We do not detract in the least not exist. I do not know of any excep- emphasizing that this amendment was from the line-item veto power, but we tions for any parts of those govern- not originated in our committee. It do defend a concept that has lasted for ments. was requested by the judiciary con- 200 years, a concept that we cherish in Generally when a line-item veto has ference and a representative of the ju- this country, that is judicial independ- been granted, when it has been sought diciary came and asked for it specifi- ence, the independence of our judicial in the history of this Congress, it has cally. branch. been sought for the entire spending Basically I think it is worth stressing Mr. Chairman, I yield to the gen- programs that may be in a budget, and that if we adopt this amendment, we tleman from Virginia [Mr. MORAN]. nobody has been exempted before, no lose very little in terms of strength- Mr. MORAN. Mr. Chairman, I cer- part of the budget has been exempted ening, bolstering, building up the budg- tainly thank my friend, the gentleman before. et process, which is the purpose of this from South Carolina. In fact, there is I should also point out that under bill, but we gain a great deal in terms less need to stand up, after listening to this particular legislative line-item of protecting our political processes. my colleagues make the arguments so

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1115 eloquently, more eloquently than I it is in the spirit of our Founding Fa- The question was taken; and the have been able to, but I would cer- thers from Virginia that he carries on Chairman announced that the noes ap- tainly underscore the point that we are their legacy. peared to have it. not talking about anything that is par- Mr. Chairman, I yield to the gen- ticularly relevant to balancing the tleman from Virginia [Mr. MORAN]. RECORDED VOTE budget here, we are talking about ap- Mr. MORAN. Mr. Chairman, I thank Mr. MORAN. Mr. Chairman, I de- my very good friend from California so proximately one one-hundredths of 1 mand a recorded vote. percent of the budget. much, particularly for her very kind So it is not an issue of money and words. A recorded vote was ordered. there has never been an issue with re- There is no question that whereas the The vote was taken by electronic de- gard to the judiciary branch appropria- Founding Fathers, many of whom came vice, and there were—ayes 119, noes 309, from Virginia, will remain in our mem- tion. We cut it each year, the legisla- not voting 6, as follows: tive branch does. And it amounts to a ory, I am not going to remain in any- little bit of money. body’s memory after I am out of this [Roll No 85] But even if we eliminate it entirely, House. And in fact, the people that stood in this very body and that cast AYES—119 all the functions of the judiciary Abercrombie Gibbons Peterson (FL) branch, it is not going to create a blip the vote in 1939 to establish a law protecting the separation of powers are Ackerman Gonzalez Pomeroy on the Federal deficit. But I think it Barrett (WI) Green Rahall lost from memory. We do not remem- would do profound damage to the Beilenson Hastings (FL) Rangel ber their faces or their names or even Berman Hefner Reed structure of this Government. their words. Bishop Hilliard Reynolds And my friend from Connecticut, who Bonior Hinchey Richardson has left, said that we might have a dif- b 1520 Borski Hoyer Rivers ferent opinion if there was a different Boucher Jackson-Lee Rose However, their action was remem- Brown (CA) Jefferson party in the White House, if it was a Roybal-Allard bered because they did the right thing. Brown (FL) Johnson, E. B. Rush friend versus someone we oppose politi- They showed a whole heck of a lot of Brown (OH) Johnston Sabo cally. I would remind my friend from political courage in standing up to an Clay Kennedy (RI) Sanders Clayton Klink Schroeder Connecticut and anyone else who was extremely popular and almost domi- Clyburn LaFalce persuaded by that argument that in Scott neering President. Coleman Lantos Serrano 1939, when the law was passed that we Members can be sure that there was Collins (IL) Levin Skelton are really addressing, it was an over- a lot of pressure on them to do the easy Collins (MI) Lewis (GA) Slaughter Conyers Lofgren Spratt whelmingly Democratic Congress. thing, to let it go, but they would not, Coyne Lowey Stark They had to show a tremendous because they understood that the Danner Luther Stokes de la Garza Maloney amount of political courage to say: structure of our Government was Studds Dellums Manton threatened, so they said, ‘‘No, Mr. Stupak Wait a minute, there is something Dingell Markey wrong here. There is something wrong. President, you cannot do that. We have Dixon Mascara Tejeda The President is abusing the funda- got to make the judicial branch inde- Doggett McDermott Thompson pendent,’’ because we have three Durbin McKinney Thornton mental principle of separation of pow- Thurman branches of Government. Engel Meehan ers. Eshoo Meek Torricelli Ms. PELOSI. Mr. Chairman, I move When we are in conflict, we need that Evans Menendez Towns to strike the requisite number of third branch of Government to render Fattah Mfume Tucker Velazquez words. an independent judgment. That is what Fazio Mineta the American people ought to be able Fields (LA) Mink Vento Mr. Chairman, I rise in support of the Filner Mollohan Waters amendment of the gentleman from Vir- to depend upon. Every American voter Flake Moran Watt (NC) ginia [Mr. MORAN] which would exempt ought to have the security that the Foglietta Obey Waxman structure of our Government, which Ford Olver Wise spending for the judicial branch from Furse Owens Woolsey the scope of the line-item veto legisla- has endured for 200 years, which has been a model for the whole rest of the Gejdenson Payne (NJ) Wynn tion. Gephardt Pelosi Yates In the debate on another amendment, world, will continue in its enduring I rose in opposition to this legislation, form. NOES—309 Mr. Chairman, I do not want to get the line-item veto legislation, because Allard Buyer Dooley too melodramatic here on this vote. I I believe it gives too much power to the Andrews Callahan Doolittle do not want to overstate the case. How- Archer Calvert Dornan executive branch. And the tradeoff, in ever, I think it would be difficult, real- Armey Camp Doyle Bachus Canady Dreier turn, to reduce deficit spending is not ly, to overstate this case, because in enough to justify that exchange. Baesler Cardin Duncan the process of trying to respond to Baker (CA) Castle Dunn But whether we agree or disagree on what the polls tell us and to what the Baker (LA) Chabot Edwards what form the line-item veto should public sentiment seems to be, to cut Baldacci Chambliss Ehlers Ballenger Chapman Ehrlich take, whether it is two-thirds to over- the budget, to give the President ex- ride a President’s veto or whether we Barcia Chenoweth Emerson traordinary powers, to eliminate pork Barr Christensen English agree or disagree on whether there and so on, we are going to do real dam- Barrett (NE) Chrysler Ensign should be enhanced rescission with a age to the fundamental underpinnings Bartlett Clement Everett simple majority to get a particular Barton Clinger Ewing of our democracy. Bass Coble Farr project back into the appropriations Mr. Chairman, I would urge my col- Bateman Coburn Fawell bill, I think we should remove all doubt leagues to act as that Congress in 1939 Bentsen Combest Fields (TX) in everyone’s mind that we all do agree Bereuter Condit Flanagan acted, to show the kind of political Bevill Cooley Foley that the separation of power is impor- courage that they showed, to do the Bilbray Costello Forbes tant to us, that we are true to the com- right thing as they did, to sustain our Bilirakis Cox Fowler mitment of our Founding Fathers of separation of powers, and to maintain Bliley Cramer Fox separation of power. Blute Crane Frank (MA) the independence of the judicial branch Boehlert Crapo Franks (CT) I think this is a sad day when we are of Government. Boehner Cremeans Franks (NJ) abdicating to the executive branch Mr. Chairman, the issue cannot be Bonilla Cubin Frelinghuysen what our Founding Fathers did not overstated. I thank all of my friends Bono Cunningham Frisa give them. Brewster Davis Frost and colleagues who have stated the ar- Browder Deal Funderburk My only hope and encouragement I gument so much better than I. Mr. Brownback DeFazio Gallegly received is from the leadership of the Chairman, I would urge this body to Bryant (TN) DeLauro Ganske gentleman from Virginia [Mr. MORAN]. support the amendment. Bryant (TX) DeLay Gekas Bunn Deutsch Geren I think it is completely appropriate The CHAIRMAN. The question is on Bunning Diaz-Balart Gilchrest that he is presenting this amendment, the amendment offered by the gen- Burr Dickey Gillmor that he has worked so hard on it, and tleman from Virginia [Mr. MORAN]. Burton Dicks Gilman

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1116 CONGRESSIONAL RECORD — HOUSE February 2, 1995 Goodlatte Livingston Roukema We have a debt of nearly $5 trillion. with my colleagues, the gentleman Goodling LoBiondo Royce Gordon Longley Salmon Our Government has run a deficit in from Wisconsin [Mr. BARRETT]. This Goss Lucas Sanford 33 of the last 34 years language has attracted strong bipar- Graham Manzullo Sawyer Today each newborn’s share of the tisan support in the past and we hope Greenwood Martinez Saxton national debt is about $17,000, and will that it will continue today. Gunderson Martini Scarborough Gutierrez Matsui Schaefer reach over $28,000 by the time this Mr. Chairman, the title of H.R. 2 says Gutknecht McCarthy Schiff child reaches the 1st grade. the bill’s purpose is, ‘‘to give the Presi- Hall (OH) McCollum Schumer We will spend $310 billion to pay the dent item veto authority over appro- Hall (TX) McCrery Seastrand interest on our debt this year. The in- Hamilton McDade Sensenbrenner priations and targeted tax benefits in Hancock McHale Shadegg terest alone is about $4,600 per year for revenue Acts,’’ but if we examine the Hansen McHugh Shaw a family of three, such as my own fam- statement more deeply we discover it Hastert McInnis Shays ily. is only half true. The legislation does Hastings (WA) McIntosh Shuster Hayes McKeon Sisisky We must stop burdening our children. extend the President’s authority over Hayworth McNulty Skaggs Like the balanced budget amend- appropriations quite dramatically. Hefley Metcalf Skeen ment, the line-item veto is long over- The second half of the stated goal is Heineman Meyers Smith (MI) due. Herger Mica Smith (NJ) not fulfilled. The definition of a tar- Hilleary Miller (FL) Smith (TX) In combination, these two bills will geted tax benefit in H.R. 2 is extremely Hobson Minge Smith (WA) go a long way in limiting expenditures narrow and arbitrary, and as a rule the Hoekstra Molinari Solomon and helping cut waste out of the budg- President is unable to rescind special Hoke Montgomery Souder Holden Moorhead Spence et. tax loopholes that are hidden in rev- Horn Morella Stearns Past attempts at line-item veto leg- enue bills. Hostettler Murtha Stenholm islation have failed to produce cuts, I have concerns about the potential I Houghton Myers Stockman primarily because these bills left the Hunter Myrick Stump see in H.R. 2 to upset the careful bal- Hutchinson Neal Talent final authority for cutting the funding ance of power established by the au- Hyde Nethercutt Tanner with those who appropriated it in the thors of the Constitution. Inglis Neumann Tate first place. I also have doubts about the implicit Istook Ney Tauzin We have all heard the examples of Jacobs Norwood Taylor (MS) assumption that the President is nec- Johnson (CT) Nussle Taylor (NC) waste that numerous private and gov- essarily tougher on the deficit than Johnson (SD) Oberstar Thomas ernment studies have pointed out. Congress. In the last 20 years Congress Johnson, Sam Ortiz Thornberry This line-item veto has teeth and Jones Orton Tiahrt has approved $92 billion in rescissions, Kanjorski Oxley Torkildsen gives the President permanent author- $20 billion more in cuts than the Presi- Kaptur Packard Torres ity to cut out wasteful spending. dent has requested in the course of Kasich Pallone Traficant For the first time, the weight is in those two decades. Kelly Parker Upton favor of cuts, not against them. Kennedy (MA) Pastor Visclosky But if the majority party in com- Kennelly Paxon Volkmer Along with the balanced budget mitted to shifting this power to the ex- Kildee Payne (VA) Vucanovich amendment, this will help us bring fis- ecutive branch, then I would at least Kim Peterson (MN) Waldholtz cal responsibility to our Government. urge that we put everything on the King Petri Walker Every expenditure will be forced to Kingston Pickett Walsh table, both appropriations and tax Kleczka Pombo Wamp stand on its own merit. loopholes. Klug Porter Ward Democratic Congresses rejected giv- As introduced, H.R. 2 only allowed Knollenberg Portman Watts (OK) ing a Republican President the line- Kolbe Poshard Weldon (FL) the President to use the veto on tax LaHood Pryce Weldon (PA) item veto, they even rejected giving a provisions that benefited five or fewer Largent Quillen Weller Democrat President a true line-item taxpayers. By voice vote, the com- Latham Quinn White veto. mittee increased this threshold to 100 LaTourette Radanovich Whitfield Today the Republican Congress gives Laughlin Ramstad Wicker people or companies. Lazio Regula Williams a Democrat President and every future But whether the number is 5 or 100, Leach Riggs Wilson President line-item veto authority. however, it does not go far enough. The Lewis (CA) Roberts Wolf This is the clearest demonstration of Lewis (KY) Roemer Wyden legislation still protects tax breaks Lightfoot Rogers Young (AK) just how serious the new Republican which pander to special interests and Lincoln Rohrabacher Young (FL) Congress is to ensuring a bright future add billions of dollars to our budget Linder Ros-Lehtinen Zeliff for our children. deficit. Lipinski Roth Zimmer We recognize that our children’s fu- NOT VOTING—6 ture is on the line. b 1550 Becerra Harman Moakley Republicans continue keeping our Collins (GA) Miller (CA) Nadler promises to the American people. We have all seen the lobbyists lin- b 1540 AMENDMENT OFFERED BY MS. SLAUGHTER gering in ‘‘Gucci Gulch,’’ the famous Ms. SLAUGHTER. Mr. Chairman, I corridor outside the Ways and Means The Clerk announced the following hearing room. Their sole purpose is to pair on this vote: offer an amendment. The CHAIRMAN pro tempore. The secure sweetheart deals for their Mr. Moakley for, with Mr. Collins of Geor- wealthy clients. The Slaughter-Barrett gia against. clerk will designate the amendment. The text of the amendment is as fol- amendment recognizes that any Wash- Mr. BRYANT of Texas and Mr. KAN- lows: ington tax attorney worth his salary JORSKI changed their vote from ‘‘aye’’ could get around the ‘‘100 or fewer tax- Amendment offered by Ms. SLAUGHTER: to ‘‘no.’’ Paragraph (3) of section 4 is amended to read payers’’ provision. As spending caps get Mr. WYNN changed his vote from as follows: tighter, inserting special tax breaks ‘‘no’’ to ‘‘aye.’’ (3) The term ‘‘targeted tax benefit’’ means will be the only way Members can take So the amendment was rejected. any provision which has the practical effect home the bacon. Every forward-looking The result of the vote was announced of providing a benefit in the form of a dif- lobbyist knows that tax breaks are the as above recorded. ferent treatment to a particular taxpayer or future of pork. a limited class of taxpayers whether or not PERSONAL EXPLANATION Simply stated, our amendment en- such provisions is limited by its terms to a Ms. HARMAN. Mr. Speaker, during Rollcall particular taxpayer or class of taxpayers. sures that the President can rescind Vote No. 85 on H.R. 2 I was unavoidably de- Such terms does not include any benefit pro- any tax benefit which gives special tained. Had I been present I would have voted vided to a class of taxpayers distinguished on treatment to a group of taxpayers. ‘‘no’’. the basis of general demographic conditions I cannot claim, Mr. Chairman, to be Mr. WELDON of Florida. Mr. Chair- such as income, number of dependents, or the first office holder to spot this dis- man, I move to strike the last word. marital status. parity, nor the first to support a broad- Today, I rise to fulfill my promises to Ms. SLAUGHTER. Mr. Chairman, I er definition of tax benefits as the solu- the people of Florida’s 15th District. offer this amendment in cooperation tion. In fact, the Slaughter-Barrett

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1117 amendment has a long and distin- A bill to give the President item veto au- Ms. SLAUGHTER. Mr. Chairman, guished pedigree in conservative cir- thority over appropriation acts and targeted will the gentleman yield? cles. Republicans have offered the tax benefits in revenue acts. Mr. BLUTE. Mr. Chairman, I yield to exact same language not once, not We do not want a half-truth right in the gentlewoman from New York [Ms. twice, but three times. We hope that the title of this bill. If our goal is truly SLAUGHTER]. Republicans and Democrats alike will to continue the progress we’ve made in Ms. SLAUGHTER. The gentleman again support it. cutting our budget deficit, then we from Pennsylvania [Mr. WELDON] is one Our definition of ‘‘targeted tax ben- must scrutinize both spending and of my dearest friends. I am sure he is efit’’ was first offered on the floor of taxes. If they are serious about cutting absolutely accurate. The Committee on the House by former minority leader the pork, then both sides of the aisle Rules probably did not accept his Bob Michel in April 1993, when he of- will vote for this amendment. amendment but it has been voted for fered a friendly amendment to the Sol- Mr. BLUTE. Mr. Chairman, I move to on the floor. omon-Castle substitute to H.R. 1578. strike the last word. It may have been they gave Mr. This amendment passed by a vote of 257 Mr. Chairman, I yield to the distin- Michel precedence over your request 2 to 157, on an extremely broad bipar- guished gentleman from Pennsylvania years ago. It was Mr. Michel who made tisan basis. [Mr. WELDON]. the amendment on the floor. I would like to emphasize again that Mr. WELDON of Pennsylvania. Mr. Mr. WELDON of Pennsylvania. If the our language is exactly the same as Chairman, I thank my distinguished gentleman will yield further, it was Mr. Michel’s, word for word. colleague for yielding. Mr. Michel. For the past five sessions This year, our precise definition is Mr. Chairman, I wanted to respond to it has been my bill called the Targeted found again in S. 14, the line-item veto my good friend, the gentlewoman from Tax Relief Disclosure Act which has bill introduced by Senate Budget Com- New York. had bipartisan support which I have ar- mittee Chairman PETE DOMENICI, word I was the original author of the Tar- gued on every tax bill coming up before for word. geted Tax Relief Disclosure Act for the the Committee on Ways and Means and More significant, Republicans contin- last five sessions of Congress. I reintro- eventually on this floor that has been ued to think that this broad definition duced it yesterday. I have introduced ruled out of order. of ‘‘tax benefit’’ was a good idea, be- that legislation in every session of Mr. BARRETT of Wisconsin. Mr. cause they included it in the Contract Congress since I have been here, start- Chairman, I move to strike the last With America. In the best-selling ing in 1987. In fact, Mr. Chairman, I in- word. version of the contract that you can troduced that legislation as a result of Mr. Chairman, I feel betrayed. I feel find in bookstores today, right on top a series in the Philadelphia Inquirer betrayed standing before my colleagues of page 33, our distinguished Speaker about the 1986 tax reform act written in the House of Representatives, be- and majority leader explain that a tar- by Bartlett and Steel. cause last session I went out on a limb, geted tax benefit is ‘‘a provision that That legislation had up to $30 billion and I did what I thought was right for provides special treatment to a par- of targeted rifle-shot tax provisions the American people. ticular taxpayer or limited class of stuck in that bill. As a result of that, The language that we have before us taxpayers.’’ That language is found I introduced my legislation which I today is the identical language that here in our amendment, but not in the have again reintroduced in this session was presented to this House by the Re- bill. that does not eliminate rifle-shot pro- publican floor leader last year, Mr. When the Republican Conference re- visions. Michel. leased the legislative language for the What it says is we must identify our- I and a number of my Democratic contract, the line-item veto bill again selves up front, who is going to benefit colleagues bolted from our party to included language identical to the up front, how much the transition rule support this, because we thought, mis- Slaughter-Barrett amendment—word or tax break is going to cost the Amer- takenly it appears, that he was sincere for word. But when the bill was intro- ican people. and that the Republicans were sincere duced, this broad definition was gone— I find it somewhat ironic that we are about having a line-item veto be a true replaced by the ‘‘five or fewer tax- debating this on the floor today, be- weapon in the fight against our deficit. payers’’ wording. cause the previous chairman of the Let me tell you what Mr. Michel said Our amendment also has the support Committee on Ways and Means stopped at that time about the exact same of the Concord Coalition, certainly a talking to me when I introduced the words we have before the House today. leader in efforts to reduce the deficit. legislation. As a matter of fact, for the Mr. Michel said: In a letter to me written yesterday, the past four sessions I could not even get Quite frankly, if you are for special inter- coalition’s executive director wrote: that amendment ruled in order on the ests, then vote against my amendment. If you are for a more complex Tax Code, then Many tax provisions function as back-door House floor. I went to the Committee on Rules on vote against my amendment. If you believe entitlements and confer substantial eco- the President should not be held hostage to nomic benefits to upper income individuals every tax bill that came before this special interests, then I say vote for my and special interests. If Congress passes leg- body, and the chairman of the Com- amendment today. It will make a better islation that creates new tax entitlements or mittee on Rules on the majority side piece of legislation. expands existing ones, the President should and the chairman of the Committee on have the opportunity to veto them. The cock crowed once. Ways and Means would not let me offer But that is not the end of the story. The CHAIRMAN pro tempore (Mr. my amendment, and here we are saying During the campaign I spoke out HOBSON). The time of the gentlewoman that our side does not want to go far against the Contract With America, from New York [Ms. SLAUGHTER ] has enough. but I made it clear that I was in favor expired. Well, Mr. Chairman, I find that some- of one component of the contract, the (By unanimous consent, Ms. SLAUGH- what ironic, because I have been push- component that gave the President the TER was allowed to proceed for 1 addi- ing this issue for the last 9 years. line-item veto, and prior to the elec- tional minute.) Now, I am not satisfied. I think we tion, the Republicans put forth the Fis- Ms. SLAUGHTER. Mr. Chairman, the should have a total prohibition in Ways cal Responsibility Act, and they said line-item veto aims to extract pork and Means of giving these anonymous that the House Republicans will intro- from legislation passed by Congress. transition rules, not that sometimes duce the following bill. The language This amendment recognizes that tax they are not deserved, but a Member in this bill is identical to the amend- pork is every bit as insidious as spend- should identify himself or herself and ment we have before us today. ing pork. be willing to make the case on this So I urge my colleagues to practice floor or in committee publicly when b 1600 some truth in advertising. When the they want to give those breaks out. Mr. Chairman, the cock crowed a sec- reading clerk stood up on the House So I think we ought to go further, ond time. floor earlier to designate this bill, he but to say somehow we have a double Following the election, I went out said: standard is just not true. and bought this handy Contract With

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1118 CONGRESSIONAL RECORD — HOUSE February 2, 1995 America. It is available in your local precious power to slip special tax loop- izen residing in Tarrant County, TX bookstore for $10. holes into revenue bills. owing a tax liability of x amount and I went into this book and again for Again, I beg my Members, my fellow being born between such and such a the third time the Republicans said Members; last year probably 40 Demo- year and such and such a year is hereby that they supported giving the Presi- crats bolted across this aisle and said forgiven that tax liability. I thought dent of the United States the authority ‘‘Mr. Michel and the Republicans were that was outrageous. to get rid of tax loopholes. They went right.’’ We defied our party leadership There was also a provision in that further than that. They said, and I and said let us do what is right for the bill that gave special tax treatment to quote from the contract, ‘‘If we break American people. This is the first op- an individual to finance two ships in this contract, throw us out.’’ Ladies portunity this session where I think Japan that are currently hauling Japa- and gentlemen, they are going to break the Members of the Republican side nese cars to our American shores. As a the contract today, because now is the should say to their leadership ‘‘Leader- matter of fact, I was ready to hold a time when we are going to make the ship, you are wrong. We think it is press conference at the Port of Balti- decision as to whether or not the Presi- wrong to be the party of loopholes.’’ more to identify this ship and say: dent can get rid of tax loopholes. The CHAIRMAN pro tempore (Mr. ‘‘Who is the Member of Congress that This is a do or die moment, and this HOBSON). The time of the gentleman stuck this special tax treatment in the is where the Republicans who unani- from Wisconsin [Mr. BARRETT] has ex- bill?’’ Because the Committee on Ways mously last year said ‘‘Let’s give the pired. and Means chairman would not let us President the authority to do this’’ are (By unanimous consent, Mr. BARRETT going to back off on their word. When have access to the records to tell us of Wisconsin was allowed to proceed for who put that provision in that bill. they introduced this language last ses- 2 additional minutes.) sion, I thought ‘‘You know, they are Mr. BARRETT of Wisconsin. Mr. Mr. Chairman, these things have actually sincere about this, they are Chairman, this is the first opportunity been going on since I have been here actually sincere about giving the Presi- where I think the Members of the Re- for 9 years, and the current minority dent the authority to get rid of loop- publican Party should go to their lead- party did nothing—nothing—to take holes.’’ But now today we are going to ership and say ‘‘Mr. speaker, we do not any one of those provisions out nor to get a chance to vote on it on the House want to be known as the party that support my effort in the Rules Com- floor, and I do not think they are going cares only about special tax loopholes. mittee or on the floor of this House, in to vote for it today. We want to be the party that cares the Ways and Means Committee, or What is going on here? Why cannot about middle America. Let’s do the when I testified before the bipartisan the Republicans get rid of this power? right thing. Let’s give the President Commission to Reform the Congress, If you were to draw a caricature of a the authority to get rid of pork barrel where I said, ‘‘Please accept my tar- Republican, you would think he was in- spending, and let’s give the President geted tax relief disclosure.’’ terested in tax loopholes for the rich. the authority to get rid of the tax loop- By the way, Mr. Chairman, that pro- I would argue, I will personally set holes for the wealthy.’’ vision was accepted by the bipartisan up a Loopholes Anonymous Club in Mr. Chairman, we can do it today. We Commission which my friend and col- this House of Representatives for those should do it today. I ask you to do it league was cochair of. But as it worked Members of the majority party who are today. its way to the floor last fall, the willing to say ‘‘We are also against Mr. WELDON of Pennsylvania. Mr. Speaker and the leadership pulled that loopholes,’’ because anybody in this Chairman, I move to strike the req- provision out. House of Representatives who is seri- uisite number of words. ous about the deficit wants to get rid Now, we hear that our party really Mr. Chairman, I rise because I have does not care about targeted tax relief. of two things. They want to get rid of to respond to some of the comments I pork-barrel spending, and they also I am not a member of the Committee have heard on the floor. It is absolutely on Ways and Means, I am not a tax want to get rid of tax loopholes for the amazing to me; this is my ninth year rich. lawyer, and I am not an expert on tax in Congress. I was not planning on So let us not draw this arbitrary policies. I have been told the reason speaking on this bill, but to hear my number of 100 because if you are going why they will not accept what was the to draw the number of 100 for the tax colleagues on the other side saying Michel legislative language last year loopholes, then draw 100 for the tax ap- they have been steadfast in their sup- was because it was unworkable and in propriation. I do not think you should port to eliminate targeted tax breaks, fact it could be a killer. Now, if it can be drawing a number for either. I do that is mind-boggling to me, because in be workable, I will accept it. I am not not think appropriation bills or rev- the 8 years that I have been here the a tax lawyer. I will leave it up to the enue bills in this House of Representa- minority party now was the majority Ways and Means Committee staff and tives should have either pork-barrel party that controlled the Committee counsel. But to have our colleagues on spending or a tax loophole for the rich on Ways and Means and the Committee the other side stand up and say some- or tax loopholes for special interests. on Rules. how that the majority party does not But to do that is going to take cour- Mr. Chairman, every one of the ses- care about this issue or that somehow age. I have talked to a lot of my new sions that I have been here I went be- we are for giving tax breaks to wealthy colleagues who are very gleeful because fore the Committee on Rules and went citizens and corporations is absolute they are here, and they tell me that we to the chairman of the Committee on hogwash—absolute hogwash. are in the midst of a revolution, in the Ways and Means, and I said, ‘‘Please Mr. BARRETT of Wisconsin. Mr. midst of a revolution that is going to accept my Targeted Tax Relief Disclo- Chairman, will the gentleman yield? sure Act,’’ which does not eliminate change America. Mr. WELDON of Pennsylvania. I am What have we done in the first couple them, but it says publicly identify yourself. I did that because the year happy to yield to the gentleman from of weeks? We passed the Congressional Wisconsin. Accountability Act. A very good bill. before I came to this body the majority Of course, there is no personal liability party passed the 1986 Tax Reform Act. Mr. BARRETT of Wisconsin. Mr. to it. If someday violates it, the Gov- Mr. Chairman, the Philadelphia Chairman, the gentleman could not ernment pays. Enquirer, in analyzing that act in a have made the point better for me. He We passed the balanced budget five-part series, which I distributed to talks about what happened in the past. amendment, which does not take effect every Member of this body as well as I did not vote with Mr. Rostenkowski for at least 7 years. This is the first bill the other body, identified up to $40 bil- in the past. A number of us did not that we have before us today that is lion of rifleshot provisions stuck in vote with him because we disagreed going to affect the Members of this that bill, primarily anonymously, by with him. But that was yesterday, and House of Representatives today or to- Members of the majority party, which yesterday is gone. morrow or when this bill passes. I thought was ridiculous. There was a This is a new day in Congress, and So what happens? The Republicans paragraph in the 1986 Tax Reform Act now the gentleman is in the leadership, blink, they do not want to give up that that went something like this: Any cit- the gentleman is in the majority, and

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1119 three times the Republican Party pub- b 1610 test of whether or not the majority licly stated that they were for getting We do know that one of the most dis- party is going to do away with special rid of these tax loopholes. This is the graceful things in the Congress of the provisions and special loopholes. This do or die moment. Are you or are you United States is these special loopholes is the time when they are going to de- not ready to get rid of your tax loop- for wealthy people and wealthy cor- cide that corporate reform is as impor- holes? porations in America. I say to my col- tant to do away with corporate welfare Mr. WELDON of Pennsylvania. Re- leagues: ‘‘Here is the opportunity, if as it is to do away with misuse and claiming my time, I will say to my col- you trust the President, to carry out abuse in public welfare in this country, league and my friend and distinguished the stoppage of special loophole provi- and it is unfair for us to strike up here gentleman, I am very happy that we sions. We can give him that author- and sound like we are suddenly reborn have legislation in this particular piece ity.’’ from sinners and that we become pure, of legislation which gives the President Now let me suggest that we are but when it goes to the wealthy side of authority that your party would not about—and I know the majority side America, we refuse to stop the loop- give him, despite the fact that he is of with the minority have been working holes and the special taxation favors. your party, which we are going to give on welfare reform—this is an issue of Mr. VOLKMER. Mr. Chairman, will him. I am happy we have something corporate welfare, of rich persons wel- the gentleman yield? here. But I will pledge to the gen- fare. As my colleagues know, we can Mr. KANJORSKI. I yield to the gentleman that I will work with him as identify a lot of things in this country tleman from Missouri. long as counsel on the Ways and Means that the average citizen can learn to Mr. VOLKMER. Mr. Chairman, I was Committee says we can do it to bring hate, but it is a type of corporate wel- anxious, and I wish that the gentleman this legislation or have it even broad- fare with special tax provisions with from Pennsylvania [Mr. WELDON] who ened to eliminate all provisions that the very wealthy corporations and in- started this discourse, would have would give special tax breaks. dividuals of this country that really stayed here because I wanted to com- I will work as a Member who is not cause a great portion of the deficit that mend the gentleman because he is ac- on the Ways and Means Committee to we are all into the burden of today. curate, and we are not without sin on accomplish that. What I object to is Now my colleagues know we can this side. He is true; what he has said Members of the other side all of a sud- argue it started out in committee, and is true. In the past there have been ex- den seeing a spirit coming down from I happen to sit on the committee. We amples in those tax bills where there the skies that they have been pushing wanted to stop a tax loophole for five have been special benefits for, like the this issue for years. That is the abso- persons; how ridiculous, for five per- gentleman from Pennsylvania said, the lute most disgusting thing I have heard sons. We finally raised a little devil on wealthy or special corporations, for on this House floor. that. Some of us wanted to make it special individuals, et cetera. That has The CHAIRMAN pro tempore. The without limitation because we really been there. Many of us on this side of time of the gentleman from Pennsyl- believe, and I fundamentally believe, the aisle did not like that either. We vania [Mr. WELDON] has expired. that the Tax Code of America is only think it is wrong. to be practiced if it is fair and equi- And this is not the first time though (By unanimous consent, Mr. WELDON was allowed to proceed for 1 additional table to all taxpayers of America that we, as Democrats, have attempted minute.) equally. This idea that wealthy cor- to do something about it. The gen- porations or wealthy Americans can tleman from Pennsylvania is wrong. Mrs. COLLINS of Illinois. Mr. Chair- come and hire the Gucci lobbyists that We have. We passed the bill, the line man, will the gentleman yield? the majority party campaigned against item veto, with just a majority provi- Mr. WELDON of Pennsylvania. I just last November, and they lined up sion last year with a large amount of yield to the gentlewoman from Illinois. at the Committee on Ways and Means, both Democrat and Republican sup- Mrs. COLLINS of Illinois. I thank the and they bring in their high-powered, port. It did no go anywhere in the Sen- gentleman for yielding. multimillion-dollar lawyers, and they ate; like a lot of other things, got Mr. Chairman, the thing I am so win these special phrases, these special stopped by a little filibuster over there, amazed about now is that the gen- clauses, or, as the gentleman from or whatever. It got stopped by both tleman from Pennsylvania is so fired Pennsylvania [Mr. WELDON] indicated, Democrats and—— up when we have this amendment here, the gentleman who is born in some par- The CHAIRMAN. The time of the and I am hoping that his side of the ticular county between the years such gentleman from Pennsylvania [Mr. aisle is going to vote for it and we are and such and such and such that only KANJORSKI] has expired. going to vote for it and the gentleman applies to one known living human (By unanimous consent, Mr. KAN- is finally going to get his wish after 9 being on Earth, and they forgive the JORSKI was allowed to proceed for 3 ad- long years. It seems to me the gen- tax responsibility of this Government, ditional minutes.) tleman should be happy about that. is insane, it is dishonest, it is intellec- Mr. VOLKMER. But in there there Mr. WELDON of Pennsylvania. I am tually dishonest, and it will bring down was a provision for the President hav- happy that the gentlewoman has this Government. ing this basically same identical au- brought the issue up. What I am saying Now, if we are serious, if we are seri- thority. That was a Democratic bill, is in my opinion it is superficial. I saw ous about the line-item veto, we ought but basically a bipartisan bill. But it no effort over the past 9 years to move to stop earmarking for special provi- was sponsored by, primarily, the gen- this legislation. Now that we have sions. We are going to vote for that. We tleman from Texas [Mr. STENHOLM] and taken the lead, the other side of the ought to also, on the other side of the we passed that. aisle wants to come in and try to make ledger, give the President of the United So, we have done things. I say to my it look as though we are not going far States the authority to strike out spe- colleagues, don’t tell us we haven’t enough. I promise to the gentlewoman cial tax provisions for very few people done things. Some of us have been able that I will work with her to toughen up who are smart enough to work the in- to do that, and we feel just as strongly this particular provision. side Beltway of Washington, DC. Some as some of your Members because some Mr. KANJORSKI. Mr. Chairman, I of us have been here 10 years, and have of us feel that that is not fair. move to strike the requisite number of fought against it for 10 years, and have Mr. Chairman, as the gentleman words. lost. says, it is not fair that certain people Mr. Chairman, I did not intend to en- If, in fact, this is a new Congress with can use their money to get lobbyists gage in this debate either, but it is a new breath of fresh air, and if they down here to be able to get special very interesting that my colleague are going to live by their contract that treatment in the Tax Code, and there- from Pennsylvania says we are con- they signed in September 1994, this is fore we need to stop it, and I agree fessed sinners. We are confessed sin- the true test. with the gentleman, but we think right ners. I agree with his proposition and I joined my friend on the committee, now that the language in this amend- would have supported it if it had been the gentleman from Wisconsin [Mr. ment does go better than the language part of the bill in previous years. BARRETT], when he said this is the real in the bill. I say to my colleagues, the

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1120 CONGRESSIONAL RECORD — HOUSE February 2, 1995 language that you have in the bill, if b 1620 Mr. Chairman, I rise very strongly in you got 101 or 105, you got to make Mr. BLUTE. Mr. Chairman, will the support of the amendment offered by sure you get 105 people there. Then the gentleman yield? my distinguished colleagues from the President can’t line-item it. I think Mr. FOX of Pennsylvania. I yield to great States of New York and Wis- that you need to look at that and say- the gentleman from Massachusetts. consin. The line item veto bill addressing only those are tax benefits. Mr. BLUTE. Mr. Chairman, I appre- es the deficit by giving the President Before I yield back, and I will get the ciate what the gentlewoman from New the power to cut pork-barrel projects gentleman from Pennsylvania [Mr. York and my good friend the gen- out of appropriations bills. It gives the KANJORSKI] additional time, but I just tleman from Wisconsin are trying to do President broad authority to line item want to make one other observation. I in support of their intent. Unfortu- veto any spending, regardless of the will go back a little further than the nately, I don’t believe the amendment amount, from the entire spending to 1986 tax bill. I will go back to one in fixes the problem H.R. 2 is trying to only one dollar of spending. 1981, and, if my colleagues want to talk solve. Yet the authors on the other side of about some special benefits, I can tell The language included in the con- the aisle of this legislation have left them about some special benefits in tract version of the line item veto was the job half done. It gives the President 1981 to certain people. intended to accomplish what H.R. 2 very narrow authority to line item There is a corporation known as Gen- does now. The provision’s purpose was veto tax provisions, only those which eral Electric. In the 1981 tax bill, which to permit the President to item veto benefit 100 or fewer people. is known as a Reagan tax bill, General special tax breaks for special friends of Mr. Chairman, if we are going to be Electric, as a result of that tax bill, powerful Members of Congress. tough on spending, should we not like- not only did not have to pay any taxes Unfortunately, the contract language wise be tough on a tax giveaways? In on all of their income in 1991 fiscal was unartfully crafted. By stating a the committee, and I was a member of year, but guess what, folks? They were, targeted tax benefit is one that applies the committee, in the original text of because of special provisions in that to ‘‘a particular taxpayer or limited H.R. 2, we addressed the problem of bill for General Electric under the class of taxpayers,’’ the contract lan- targeted tax benefits only in the most Reagan tax bill, were able to go back guage inadvertently opened the entire limited way. It allowed the President for 2 proceeding years and get all the Tax Code to possible item veto much in to rescind these sweetheart tax deals, money back that they had paid in. fact, every single item in the IRS code but defined them as provisions which And I say to my colleagues, ‘‘They must by its very nature apply to some benefited five or fewer people. The got more back, folks, than you will ‘‘limited tax class of taxpayers.’’ Democrats on the committee worked earn in a lifetime—you will earn, not Because the intent of the contract with some of the Republicans and man- pay tax, but you will earn in a life- language was to permit the veto of rifle aged to raise the limit to 100 in the time.’’ shots or special deals for special markup. But the fundamental problem That was the Reagan tax bill. friends, our committee worked with remains. The artificial numerical number can easily be fudged. Any smart Mr. KANJORSKI. Reclaiming my the Committee on Ways and Means and lawyer will easily write tax loopholes time, Mr. Chairman, so that this de- the Joint Committee on Taxation to to avoid the President’s veto. It will bate is very clear, in committee the more precisely define the term ‘‘tar- simply benefit 101 or 102 people. Then markup started out with only five. It geted tax benefit.’’ Following discussions in committee the President will not be able to strike was the minority side of the committee where members concluded that the lan- it out. that asked the question, ‘‘Why only guage of H.R. 2 which limited the cat- As we have heard, the Republican five? Why should there be limits?’’ So egory to five or fewer taxpayers was Party has long been the champion of a apparently between markup and rules, too restrictive, we accepted a bipar- much broader definition, right up to Mr. Chairman, it was raised to a hun- tisan amendment to change the defini- the point that they gained the major- dred. tion to include 100 or fewer taxpayers, ity. Now we see a sudden switch. The I would like the majority to defend again seeking to get at rifle shots or Republicans’ Contract With America, why we should allow protection for spe- special deals. signed by practically every Member on cial tax loopholes for 101 and 102. What I can tell you the Committee on the other side of the aisle, contained is the magic number there? Why? Ways and Means people are not happy, the very same language being offered Mr. FOX of Pennsylvania. Mr. Chair- believing that we have once again in this amendment today. man, I move to strike the requisite broadened the category well beyond Make no mistake, this is a critical number of words. fixing the problem. Nevertheless, we vote. Many would view this amend- Mr. Chairman, line item veto is an support the language reported by our ment as the first step on the slippery idea whose time has arrived to give the committee and included in the base slope of selling out to special interests. President the right to cut out wasteful text as sufficiently broad to fix the If you are for special interests, then spending here in Congress. problem of special deals, while narrow vote against this amendment. I chal- Mr. Chairman, the grave concern for enough to prevent the President from lenge my Republican colleagues to sup- my colleagues on the other side of the vetoing such general purpose provi- port the amendment and to keep the aisle has been that we are giving the sions as the middle class tax cut or promises they have made to the Amer- President too much power. The current child care tax credit. ican people. proposed amendment seeks to give the This is a responsible, well-crafted, Mr. Chairman, I yield the balance of President the veto for an entire middle middle-of-the-road approach which my time to the gentleman from Illinois class tax cut, if he so desires. The way should be supported, and I urge Mem- [Mr. GUTIERREZ], who has worked on the bill is currently drafted, the Presi- bers to support the base tax and defeat this issue. dent can veto narrow, special tax bene- this amendment. Mr. GUTIERREZ. Mr. Chairman, I fits for favored friends of powerful Mrs. MALONEY. Mr. Chairman, I thank the gentlewoman for yielding, Members of Congress, which is good. move to strike the requisite number of because I want to make one point very However the current amendment gives words. clear: This Democrat in the last Con- the President far too much power and Mr. Chairman, I would like to re- gress of the United States voted for the expands the scope of the veto well be- spond to my colleague that this would strongest line item veto that was pro- yond that which was intended by the not apply to the middle-class income posed, including this provision. So do line item veto. Well, H.R. 2 permits tax. It specifically states in the Con- not try to argue as though no one on veto of special benefits for special tract With America, ‘‘Such term does this side of the aisle was supporting friends. The current amendment would not include any benefit provided to a the strong kind of line item veto. open the entire Tax Code to individual class of taxpayers distinguished on the As a matter of fact, I suggest to the line item vetoes. This amendment is basis of general conditions such as in- freshmen and the sophomore who I am too powerful, too expansive and dan- come, number of dependents or marital in the same class, he defy your leader- gerous and should be defeated. status.’’ ship. True, it was a little difficult in

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1121 my cloakroom, but they still fed me, no longer here, as Mr. Michel is not, is, we have put it back into a process they still gave me water to drink, and, ‘‘and we will work out the details of to complete the concern that Mr. as you can see, I am still here. this.’’ Michel had about what does this really So stand up for what you believe in We did work out the details. We did mean. And we have done that process and do the right thing and vote your it with slightly different people in dif- of completing what it means. conscience. you know what is right. Do ferent areas. We went through the Mr. GUTIERREZ. Mr. Chairman, I it. Others have done it, and we are still Committee on Ways and Means, the move to strike the requisite number of here, alive and well, and, thank, God, Joint Tax Committee, and now the words. healthy. Committee on Government Reform, Mr. Chairman, I am pleased to rise in Mr. GOSS. Mr. Chairman, I move to and we have done this in the Govern- support of this essential amendment. strike the requisite number of words. ment in sunshine, openly, and come to We have heard a lot of rhetoric today Mr. Chairman, I have listened to this a conclusion of what the best definition about the importance of eliminating debate very attentively. It has been is that will work, that will withstand wasteful spending from our budget. very intense, and I think we have got- the judicial overview and any other And I agree with much of that rhetoric. ten most of the points out. It has moti- test that can be made of it, and I think Far too often taxpayers have been vated me to go back to the RECORD, we have come up with a better solution forced to carry the burden in this Na- however, and try to find out who said than the gentlewoman from New York tion for our inability to stand up for what when and what was expected and has. them and to say no to pet projects of that was not, because I have great re- lobbyists and pork barrel projects of b 1630 spect for the efforts of the gentle- special interest groups. woman from New York who has offered Mr. Chairman, I yield to the gen- However, today supporters of this this amendment. tleman from Massachusetts [Mr. bill, despite all of the rhetoric about My problem with it is that it seemed BLUTE]. protecting the taxpayers and pro- very broad, and it seemed, in my view, Mr. BLUTE. Mr. Chairman, I thank moting fiscal responsibility, have en- a little bit unworkable in that it is the gentleman from Florida for yield- gaged in a sneaky end run around the overbroad. I have some feeling, as we ing to me. American people. have heard from some of the debate, I think one point that is glaring here This bill does help the President go that the question of over-broadness is that throughout this debate on the after pork, some pork. But this bill, may very well be a judicial question line-item veto authority, the minority, without the amendment offered by the someday with this legislation. during the general debate, during the gentlewoman from New York [Ms. I went back to the amendment, and if debate on the amendments, made a SLAUGHTER] and the gentleman from I read the amendment correctly that strong case that they felt that this bill Wisconsin [Mr. BARRETT], also goes on has been offered, we talk about what ceded too much power to the executive, record as saying, you know what, some the term targeted tax benefit actually that it tilted the balance of powers in pork is okay. We might be able to go means, trying to put a description on a way that was not a good thing for our on a little diet, but we are not kicking something that Mr. Michel himself did democracy. the habit completely. describe in his words before this body, And in this amendment, there is a re- Yes, wasteful spending is a problem and I will get to those words. verse argument that we need to expand that is diverting money from the real But when we get into the definition the President’s power broadly, as this needs of America. But just as impor- of the amendment, and I am reading amendment would do. tantly, just as importantly, so are from this, it says, ‘‘Such term does not This bill is attempting to narrow the those targeted tax giveaways designed include any benefit provided to a class scope of the President’s power. We do to give a break to your favorite lob- of taxpayers distinguished on the basis not believe he should be all powerful, byist, powerful interest group or a of general demographic conditions.’’ and we agree with the minority on privileged group of people. These free That is very broad, but it has been fur- that. But we do think he should have rides cost the treasury just like waste- ther qualified, ‘‘such as income, num- the power in this narrow sense. ful spending does. ber of dependents, or marital status.’’ So I would just say that there seems Every time we pass a tax credit, a re- Well, that leaves a very serious ambi- to be two different arguments coming fund or a break that benefits a par- guity about other demographic ques- from minority on this bill. ticular group or special interest at the tions such as gender, race, age, sexual Mr. GOSS. Reclaiming my time, Mr. expense of America, we are creating preference. These are all points that I Chairman, I yield to the gentlewoman more pork. Without the Slaughter-Bar- think now become an ambiguity. I from New York [Ms. SLAUGHTER]. rett amendment, we are saying that know that the gentlewoman does not Ms. SLAUGHTER. Mr. Chairman, the with one swipe of the pen, the Presi- wish to give us am ambiguous piece of gentleman from Florida [Mr. GOSS] is dent can eliminate any spending, any legislation. certainly one of the most thoughtful spending he so chooses. What if the I did go back and look into the exact Members of this House and a good President decides he wants to elimi- language that Mr. Michel used on April friend of mine. nate tax benefits for foreign corpora- 29, 1993, in the RECORD, and he said, I should say to him that I did not do tion or giveaways to foreign investors? using his words in paraphrase, ‘‘You a lot of research on this. I took the More importantly, what if the Presi- will hear that it is uncertain what I words directly out of the Contract dent decides that a capital gains tax mean by the term ‘targeted tax bene- With America, I assumed that after Mr. cut that overwhelmingly benefits only fits’ by those who oppose this.’’ Michel had done his consultation with the richest 5 percent of America de- I think that is exactly what we have Mr. Rostenkowski and come up with serves the swipe of his veto pen? What got here. Those who are basically op- what is language is that what—— if our President decides that we abso- posed to trying to get at closing these Mr. GOSS. Mr. Chairman, unfortu- lutely cannot afford to drain our treas- loopholes are basically trying to put nately, I did not hear everything. ury of billions, yes, my colleagues, bil- words in Mr. Michel’s mouth here Ms. SLAUGHTER. Mr. Chairman, my lions of dollars for a tax cut for the about what he meant. microphone was not on. As I heard the wealthiest Americans at a time when If you read the record, it is rather gentleman’s remarks, that after Mr. we are trying to save and cut every clear that Mr. Michel went through Michel spoke on the floor on the dollar that we possibly can? what I am calling special interest tax amendment, he decided it was too What if our President decides he breaks, all the things we are trying to broad and conferred with Mr. wants to side, for a change, with work- get at here. Rosteknowski to come up with what ing men and women and say no to a tax When you get to the bottom of what was determined to be the proper lan- giveaway, to a narrowly-directed group he said, he said, ‘‘I will confer. I will sit guage, which is what we have now. of people? down with the chairman of the Com- Mr. GOSS. Unfortunately, as the gen- Well, this bill says he cannot do it. mittee on Ways and Means,’’ who was tlewoman knows, that never transpired You cannot do it, Mr. President, be- his good friend, who is unfortunately into final fruition. So what happened cause we are not interested in that

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1122 CONGRESSIONAL RECORD — HOUSE February 2, 1995 kind of pork. Your veto pen is dry if Members of the minority party and sure what it is. However, I also know if you want to use it to stop tax give- adopted and voted for by Members of it was adopted in the committee, it aways. the majority party in a bipartisan way. must have had pretty good bipartisan That, my colleagues, is a fatal flaw So I agree it should not be a partisan support to make it. I will take a look in this bill. But the remedy is simple. issue. at it seriously before we come up on it. There is a cure. The remedy is this And in the committee, the com- Mr. BARRETT of Wisconsin. Mr. amendment. mittee adopted a Democratic amend- Chairman, will the gentleman yield? If we are truly on the side of the ment. Mr. CUNNINGHAM. I yield to the American people and against wasteful Mr. GUTIERREZ. Reclaiming my gentleman from Wisconsin. spending today, then let us go all the time, Mr. Chairman, I would just sim- Mr. BARRETT of Wisconsin. Mr. way. Let us kick the habit. Let us not ply suggest one thing. We all know Chairman, I serve on the committee, so protect the special interests, the lobby- what happens in the committee. We all I am certainly familiar with what hap- ists, the favor seekers in these halls know how Members get on these com- pened on the committee. This amend- who want to leave here today with mittees. ment that raised it from 5 to 100 was their tax breaks intact. But here we are, in the Committee of not the first amendment that was of- My colleagues, I did not know until the Whole. We can correct and rectify fered on this issue. today that this Contract With America any problem. Because we know they The first amendment offered on this could be amended. I knew there were a make mistakes in that committee. issue was offered by the gentleman lot of amendments to the Constitution They get too cozy with each other in from South Carolina, Mr. SPRATT. That in this contract, but I did not know that committee. They spend so many was defeated. It was a wider amend- this could be amended. But today we years together. It is get along, come ment than the one we have before us have heard that is was unartfully craft- along. today. That was defeated with every ed, not my words, the gentleman from This is the Committee of the Whole Republican voting against it and one Massachusetts stated that it was right here. Let us do the right thing Democrat voting against it. The rest of unartfully crafted. right here. The gentleman and I can do the Democrats voted in favor of it. Obviously at that point, Mr. Chair- Well, I am going to read it again with it. I ask the Republicans to join us. man, having failed to get the wider and a good lawyer by my side. They are in the majority. Let us do the version closer to the Contract With Another gentleman on the other side what we have got to do and let us America, there still was a belief, I said, well, we have finally come up, eliminate these tax breaks. these are not my words, with the best think, at that time by both parties b 1640 definition to date. It is written, it is that 5 was just ridiculously low, and it printed, but today we came up with the Mr. CUNNINGHAM. Mr. Chairman, I went from 5 to 100. That was not con- best definition. Maybe we will have to move to strike the requisite number of troversial. add an appendage for definitions to this words. However, the major debate, Mr. so we can all know what it really Mr. Chairman, the gentleman from Chairman, actually occurred around means. Illinois [Mr. GUTIERREZ], my good the amendment, the first amendment And lastly, it is certainly good to friend, we have chatted many, many from the gentleman from South Caro- raise the flag of bipartisanship when it times. I also know he has had great lina, Mr. SPRATT. I understand the gen- is on the balanced budget amendment, courage in the past. I know by his own tleman from South Carolina will prob- applaud for the bipartisanship; when it leadership he was chastised for coming ably be introducing that amendment is on unfunded mandate, applaud for out in support of what he really be- tomorrow, as well. Mr. CUNNINGHAM. Reclaiming my the bipartisanship; and when Demo- lieved, and I respect the gentleman for time, Mr. Chairman, and I thank the crats stand up to say, let us do the that. gentleman for the clarification, but right thing together and it is good, but However, I would like to reiterate again, I would repeat, he has had the I am with you. this is a Democratic amendment, the majority for 40 years and they have not The CHAIRMAN. The time of the amendment of the gentleman from come up with a single line item veto. gentleman from Illinois [Mr. GUTIER- South Carolina [Mr. SPRATT], an We are trying to do that today, but yet REZ] has expired. amendment in the committee. I do not (By unanimous consent, Mr. know what the gentleman meant about they are still trying to chastise us, or maybe to look at it better, maybe they BUTIERREZ was allowed to proceed for 2 how we get appointed on those commit- additional minutes.) tees. I asked for my specific commit- are trying to improve it. I compliment Mr. GUTIERREZ. I tell the gen- tees, and I am sure that my friend, the the gentleman for that. However, it is very, very important tleman from Massachusetts, he and I gentleman from Illinois, asked for his that we get it. It is bipartisan. I ask for know each other. He knows I have been committee, as I did. The only thing that I would say, we the support of the line item veto. for a line-item veto. My record is clear. Mr. GUTIERREZ. Mr. Chairman, will are being chastised for coming up with There are many of us on this side, the the gentleman yield? gentleman from Wisconsin [Mr. BAR- a line-item veto when the minority Mr. CUNNINGHAM. I am happy to RETT], many of us. So do not chastise party had power for 40 years, and re- yield to the gentleman from Illinois. us. Do not ridicule us by saying that fused to come up with a line-item veto. Mr. GUTIERREZ. Mr. Chairman, I somehow we are hypocritical and John- It is like I wanted to buy a Ford all thank the gentleman for yielding. ny-come-latelies on this when we have these years, and now I am buying I just want to suggest that, No. 1, we stood up and now that the gentleman is Chevys and Fords and I am getting are all friends on the committees. We in the majority, it is bipartisan, too, chastised for it. It is just not logical. are close to one another on the com- when I am with him, just like it was bi- The line-item veto is very important, mittees and we do a lot of work there. partisan when other Members of my whether it is a Republican President or Mr. CUNNINGHAM. Most of the party joined the gentleman in the past a Democratic President. The pork that time. 2 weeks. we need to take a cut at is all the pork. Mr. GUTIERREZ. Mr. Chairman, that Mr. BLUTE. Mr. Chairman, will the I agree with the gentleman on that. is simply my point. I do not want any- gentleman yield? However, we are trying to do somebody to make any other inference of Mr. GUTIERREZ. I yield to the gen- thing in the contract that we feel is that point, and I apologize if anyone tleman from Massachusetts. very, very important. That is to give took it any differently, No. 1. No. 2 is, Mr. BLUTE. Mr. Chairman, I have a the President of the United States the gentleman is lucky if he gets the great deal of respect for the gentleman what many of the Governors have. complete assignments he wished. from Illinois. I think his courage is That is a line-item veto. I bought a book called ‘‘Adventures pretty obvious to everyone in this I think that this case of 100 play in Pork Land,’’ sent it out to the 75 Chamber. I would just simply point out level, especially since it was adopted in winners of the primary, of the general that the amendment in the committee the committee, I am quite serious, I election in November 1992, sent it out that set the limit of 100 was offered by have not looked at it. I am not even to them. Really, they all got it. I said,

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1123 ‘‘Read this book, because I think it is sions are in fact going to affect 100 or question about what made anybody something good for us to get to when 101 or 99 specific individuals. think that the politician who ends up we organize as a freshman class in To outline this, I think that it is on the top of the heap in the White 1992.’’ clear to me that this is far too narrow, House acquires some rectitude or some How do I get on the Committee on being the second problem I have, to goodness that is denied to the rest of Banking, Finance and Urban Affairs? demonstrate. Let me just cite from the the participants in the government. Great committee, but I got there be- committee’s report on H.R. 2, page 8, I do not know the answer to that cause there were four slots they could dealing with enhanced rescission au- question, because I have served with not fill. They could not deny me that thority. seven Presidents and I have not seen committee slot. To start from the committee report, one yet who underwent that miracu- Mr. CUNNINGHAM. Reclaiming my it says ‘‘The special tax benefits Con- lous transformation. time, they begged us to take them, too, gress added,’’ and they are talking b 1650 right after the S&L, and no one would about the 1992 Revenue Act, citing that take them. as an example where Congress, in an Give this some exercise: How about Mr. GUTIERREZ. Mr. Chairman, if attempt to do one thing, which was the term ‘‘presidential pork’’? Let me the gentleman will continue to yield, I create enterprise zones, Congress added give one example of that. have not quite gotten the committee on many different tax benefits: ‘‘The In the election year of 1992, we had a assignments I have asked for, but I special tax benefits Congress added person in the White House with whom have been able to work well here with covered such interests as special ex- I served in this House and whom I like the gentleman from California [Mr. emptions for certain rural mail car- very much, but he was in a pretty tight CUNNINGHAM] with my Democratic col- riers, special rules for Federal Express spot. He went down to Florida and an- leagues, and look forward to working pilots, deductions for operators of li- nounced that an obsolete Air Force with all of them. censed cotton warehouses, exemptions base would be rebuilt and reestab- However, I just suggest that there for some small firearms manufactur- lished. He did not need the line-item are some of us, a few of us, maybe, that ers, and exemptions for certain ferry veto to do that. He went out to St. were for the line item veto, the strong- operators.’’ Louis and said an airplane that clearly est line item veto. To simply suggest That is from the majority’s com- was unneeded for our national defense that now, with a stroke of the pen, that mittee report. I would ask the Mem- would be put into production, anyway, we were all against it, just is not quite bers of the majority, which of these if he were reelected. He did not need fair to us and our position. provisions affect more than 100 and the line-item veto for that. I thank the gentleman for yielding. which affect fewer than 100? I would Our founders gave to the President Mr. ORTON. Mr. Chairman, I move to suggest to them that it is impossible one-sixth of the legislative power, and strike the requisite number of words. under the language in H.R. 2, Mr. there were no PAC contributions to Mr. Chairman, I also rise in strong Chairman, to accomplish the very pur- those Members of that Constitutional support of the Slaughter-Barrett pose and intent which the committee Convention. There was no distortion of amendment. Since my first election in report suggests they are including this their point of view. There was no need Congress, I have been a very strong language to accomplish. to contort their wisdom. They thought proponent and supporter of giving the More importantly, Mr. Chairman, I it through very carefully how much au- President enhanced rescission author- think that we ought to take a look thority would be given to each branch ity or a line-item veto. As a self-ac- back at the line-item veto provisions of the government. knowledged deficit hawk, I believe we we have already passed in the last ses- But if you are going to enact this have to address all legislation, which sion, and to suggest we had the control surrender of authority in the Congress includes a large number of special infor 40 years and we have never passed a and you only do it halfway, you are terest provisions, which can increase line-item veto, not true. making a sad, sad mistake. the deficit. We passed a line-item veto bill in the I serve on the Committee on Ways There are essentially three ways in last session of this House. We passed it and Means and a few years ago we had which we spend money and increase the with bipartisan support. In fact, the an amendment. It was in the usual hi- deficit. They are through direct spend- language that is proposed in this eroglyphics of legislative language and ing of appropriations money, appro- amendment is not only the identical hardly anybody knew what it meant. priated spending; they are through con- language which Mr. Michel proposed, My mother always said, ‘‘Never sign tract authority, spending on contract, and which several of my friends sitting anything you can’t read or didn’t read’’ not appropriated; and they are through here in the floor and who have been so I voted against it. special tax incentives, or called tax ex- here, the gentleman from Texas [Mr. The next morning, Washington Post penditures. I favor including all three ARMEY], the gentleman from New York headlines, Ways and Means Committee of those in a line-item veto bill, and to- [Mr. BOEHLERT], the gentleman from Votes Multimillion-Dollar Gift to Cer- morrow I will be proposing an amend- California [Mr. CUNNINGHAM], the gen- tain Group. That certain group was the ment to include contract authority as tleman from Texas [Mr. DELAY], the Gallo Wine Co. well as tax expenditures. gentleman from Georgia [Mr. GING- On my way down to work the next Mr. Chairman, it has been said many RICH], the gentleman from Florida [Mr. day, I stopped by the supermarket and times on this side of the aisle, ‘‘I’m not GOSS], the gentleman from Ohio [Mr. I bought a jug of that foul stuff—oh, a tax attorney and I don’t know,’’ or HOBSON], the gentleman from New it’s wonderful stuff—I bought a jug of ‘‘I’m not a tax attorney and I can’t tell York [Mr. SOLOMON], all of whom voted the Gallo wine and a sheaf of paper you this.’’ I am a tax attorney. I spent in support of this specific language, not cups, and I went up to each member of 12 years with the Internal Revenue only in the Michel substitute back in the committee when they assembled, Service, 11 years in private tax prac- April 1993, but also voted for this bill, put the cup down, poured a little bit tice, and I can tell the Members that which we passed with this language in for each one that voted for it and each the wording of this amendment is no the last session of Congress, now to time I said, ‘‘Ernest and Julio said less enforceable or operational than suggest somehow that is unworkable thank you.’’ the wording in H.R. 2. language, that it is too broad, that it Anybody who does not pay his fair I have very severe questions about has language which we cannot put back tax is stealing from those who do. It is and problems with the wording in H.R. into the bill, simply is something, I difficult for 6 people to carry a piano, 2. As currently defined, it would limit don’t understand that argument. I am but it is especially difficult if 2 of the the provisions to those which benefit baffled by it. biggest ones are riding on it. 100 or fewer beneficiaries. Mr. JACOBS. Mr. Chairman, I move I have just this advice: Those of you Two main problems: First of all, it is to strike the requisite number of who have been told to go to the rear not clear to me how in the real world words. and march, let me tell you that when I the President or we in Congress specifi- Mr. Chairman, the gentlewoman from entered Congress, I was told to go to cally determine which specific provi- New York earlier today raised the the rear and march because I ran with

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1124 CONGRESSIONAL RECORD — HOUSE February 2, 1995 Lyndon Johnson the first time I ran, the new majority to be called into b 1700 and we all ran against the Vietnam question. Now we have the opportunity to do war. We were going to get out of the I would just suggest, not to the ma- something about that, and we have Vietnam war. I kept my promise, the jority because I know they will not acted in a bipartisan way to do some- President reversed his position and change their position, but to the Amer- thing about that in the past. Let us somehow or another with all the PR ican people, that they look very, very work together as we have been working they had, I was the traitor to my party carefully at the votes on this amend- together for the last 3 weeks and pass and I was the traitor to my country. ment and that they understand that this bipartisan, commonsense amend- Be a traitor to your party if you have the contract that was promoted as a ment. to be a traitor to your party to keep Contract With America really was a Mr. ABERCROMBIE. Mr. Chairman, I your promise to your constituents. You contract that the hands were shook on move to strike the requisite number of will sleep better tonight. later on that night in a roomful of lob- words. Mr. FATTAH. Mr. Chairman, I move byists who were fund raisers at a fund Mr. Chairman, I spoke at a previous to strike the requisite number of raiser that was a part of that cam- time on this question of the line-item words. paign. veto. I think those of my colleagues Mr. Chairman, I believe that even Mr. ROEMER. Mr. Chairman, I move who know me here in the Congress, and though it may not appear it is the case, to strike the requisite number of certainly those who have known me that this is indeed a defining moment words. over my legislative career, know that for the new majority here in this Mr. Chairman, there have been a lot while I may hold strong opinions I do House. The Contract With America is of pundits that have been talking al- not believe I have ever lectured any on the best sellers’ list. People are ready about what the 1994 November other Member of a legislative body in reading it all across the land. The elections meant. And some people have which I served on whether my ideas words, as inartful as they have been been saying that they were an endorse- were superior or my views were supe- deemed to be, are fairly clear. That is, ment of the contract and some people rior. But I want to say, and I feel I that it has been asserted and promised have been saying that Democrats did must say at this juncture with respect and contracted with that there would not turn out to vote. to the line-item veto that as a legis- be a line-item veto that would allow I think an interpretation of the 1994 lator I find it unconscionable. the President of the United States the elections were about what we have The entire history of freedom and the opportunity to correct the Tax Code been doing for the last couple of days. march of freedom and democracy has and to do away with special provisions They are about common sense and bi- been the commons against the king. that allow the rich and powerful in this partisanship. They are about common We can go back to the time of the country to get away with not paying sense: Many of us on both sides of this Magna Carta and the establishment of their fair share. aisle working together to pass a bal- the idea of the common people being Now we have arrived at the moment anced budget amendment, to prohibit able to exert their will against the of decision and we hear this notion unfunded mandates, to make Congress king. Or go back to the loss of what about the problem with this language. live under the same laws that it wants freedoms were defined as freedoms David Brinkley, whom many of us other people to live under. We have throughout antiquity to the time of watch on Sunday morning, once said, done that together in a bipartisan way. the Roman Empire when the Roman ‘‘I was told that campaigning time is Now we have got an amendment be- Senate ceded its power to the Emperor, promising time and after that is alibi fore this body that is asking some of after the assassination of Caesar and time.’’ your on the Republican side to work in the ascension of Octavian and Augusta, We have a majority who has read the a commonsense bipartisan way with us. and even he wanted to give it back to contract every morning on the floor, at We are asking you not to get away the Senate and back to the people. Oh least some of their leadership carry it from your party and tell them they are no, it was turned over to the king, and around in their vest pocket, and that wrong. We are telling you that this is that is what this is about. they are determined under all cir- language that you voted for, not on one No matter who is the Executive in cumstances to implement this con- previous occasion but on two previous our contemporary world, it is the legis- tract. occasions. Not just to get at pork-bar- lative against the executive power. If However, when it comes to the point rel spending but to get at special tax we turn over our responsibilities to the of addressing what is the most out- breaks when we are going to take pro- executive, we are undermining the rageous example of improper action by visions and try to balance the budget. basis of freedom this House, that they are unwilling to Let me remind some of my col- Nothing so ill becomes any legisla- step up to the plate and live up to their leagues about some of these specific tive body as to turn over its authority commitments. votes. Mr. Michel offered an amend- and its obligations and its duties to the When it comes to taking away a few ment on April 28, 1993. It passed 257 to executive. The executive has submitted dollars from a promising kid who is 157. Eighty-seven Democrats, 87 of us budgets, whether it is under Repub- trying to go to college, they are all voted with you to pass that amend- licans or Democrats, and this Congress, willing to stand up for that or to at- ment by Mr. Michel. I think every sin- Republican and Democrat and Inde- tack the few measly dollars that are gle one of you on this floor probably pendent, has always come in with a provided to a single parent on welfare, voted in favor of it. budget under that which has been pre- or to go after affordable housing pro- On July 14, 1994, there was another sented. grams or to attack mass transit fund- bill, the Stenholm-Penny-Kasich bill It is not a question, then, of whether ing, they are all eager to march in a that passed 298 to 121. One hundred or not we are going to exercise self-dis- straight line towards that goal. twenty-eight Democrats again voted cipline. If we do not our constituents But now when in face of the multi- with the Republicans to pass that. can remove us. But we are setting up a national corporations and billionaires Again, many of you Republicans voted situation in which the executive will in our country who have somehow for that provision. play one legislator off against another. ripped off the American taxpayer by I would hope that you see it in your We are setting up a situation in their lobbyists making room in the tax interests to abide by what those elec- which the small States will have to code to benefit them, they are unwill- tions were about: Common sense and compete against the large States. We ing to turn over to the President an op- bipartisanship. are setting up a situation in which we portunity to veto these types of unfor- The American people get incensed are saying we as legislators are incapa- tunate loopholes. when they hear 6 words: Pork-barrel ble of acting other than in a political Let me just conclude by saying that spending, and we are going to take care fashion, but if we turn over this au- what we have now is a loophole in the of pork-barrel spending with this line- thority to the executive, the executive contract. Loose language that has now item veto. But they get equally in- somehow will act in an objective, ana- been added to H.R. 2 makes the entire censed when they hear special tax lytical fashion and not in a political commitment that has been made by breaks. fashion.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1125 My friends, I cannot emphasize Clement Jacobs Pickett King Neumann Shaw enough that we are about to embark on Clyburn Jefferson Pomeroy Kingston Ney Shays Coburn Johnson (SD) Rahall Knollenberg Norwood Shuster something which to me violates the Coleman Johnson, E. B. Rangel Kolbe Nussle Skeen most fundamental tenet which I hold Collins (IL) Johnston Reed LaHood Ortiz Smith (MI) as an elected official. There is only one Collins (MI) Kanjorski Reynolds Largent Oxley Smith (NJ) Latham Packard Smith (TX) thing worse in politics than being Condit Kaptur Richardson Conyers Kennedy (MA) Rivers LaTourette Parker Smith (WA) wrong, and that is being right. Costello Kennedy (RI) Roemer Lazio Paxon Solomon History and sometimes people forgive Coyne Kennelly Rose Leach Payne (VA) Souder Levin Cramer Kildee Roybal-Allard Petri Spence us being wrong, but we are very seldom Lewis (CA) Pombo Spratt Danner Kleczka Rush forgiven for being right. And I am tell- de la Garza Klink Lewis (KY) Porter Stearns Sabo Deal Klug Lightfoot Portman Stockman ing Members today, if we give the line- Sanders DeFazio LaFalce Linder Poshard Stump item veto to this or any other Presi- Sawyer DeLauro Lantos Livingston Pryce Talent dent, we are undermining democracy, Dellums Laughlin Schroeder LoBiondo Quillen Tate we are taking everything that we hold Deutsch Lewis (GA) Schumer Longley Quinn Taylor (NC) dear in terms of freedom and turning it Dicks Lincoln Scott Lucas Radanovich Thomas Dingell Lipinski Serrano Manzullo Ramstad Thornberry upside down and saying to the world Doggett Lofgren Sisisky Martini Regula Tiahrt and everyone in it, all of our voters, we Dooley Lowey Skaggs McCollum Riggs Torkildsen do not believe in democracy, we do not Doyle Luther Skelton McCrery Roberts Vucanovich believe in the legislative process, we do Durbin Maloney Slaughter McDade Rogers Waldholtz Edwards Markey Stark McHugh Rohrabacher Walker not believe in the legacy that has been Engel Martinez Stenholm McInnis Ros-Lehtinen Walsh handed down to us by literally the Eshoo Mascara Stokes McIntosh Roth Wamp death of millions in order to provide Farr Matsui Studds McKeon Roukema Watts (OK) for us the opportunity to legislate. Fattah McCarthy Stupak Metcalf Royce Weldon (FL) Fazio McDermott Tanner Meyers Salmon Weldon (PA) If we have any argument about what Fields (LA) McHale Tauzin Mica Sanford Weller we do, we have given in our Constitu- Filner McKinney Taylor (MS) Miller (FL) Saxton White tion the power of the President to veto Flake McNulty Tejeda Molinari Scarborough Wicker Foglietta Meehan Moorhead Schaefer Wolf entire pieces of legislation and we must Thompson Foley Meek Thornton Morella Schiff Young (AK) Myers Seastrand Young (FL) come up with two-thirds of our voting Ford Menendez Thurman Frank (MA) Mfume Myrick Sensenbrenner Zeliff Members in order to overturn that Torres Frost Miller (CA) Nethercutt Shadegg Zimmer Torricelli veto. That is incredible power that the Furse Mineta Towns President has. And now we want to say Gejdenson Minge NOT VOTING—7 Traficant Gephardt Mink Becerra Harman Waxman that on any given item, in any given Tucker Geren Mollohan Collins (GA) Manton piece of legislation where there is an Upton Gibbons Montgomery Dixon Moakley appropriations implication, that the Gonzalez Moran Velazquez President is to be able to line-item Gordon Murtha Vento b 1722 Visclosky veto that. Green Nadler Gunderson Neal Volkmer The Clerk announced the following This is not a State. We failed earlier Gutierrez Oberstar Ward pair: to differentiate between capital budg- Hall (OH) Obey Waters On this vote: Watt (NC) ets and operating budgets. I know how Hamilton Olver Mr. Manton for, with Mr. Collins of Geor- Hastings (FL) Orton Whitfield scoring goes in my Committee on Hayes Owens Williams gia against. Armed Services, how we include hous- Hefner Pallone Wilson Mr. LARGENT changed his vote from ing for our military to be included as Hilliard Pastor Wise ‘‘aye’’ to ‘‘no.’’ an item of expenditures in the first Hinchey Payne (NJ) Woolsey Holden Pelosi Wyden Messrs. HEFNER, PASTOR, and year no matter how many years that Hoyer Peterson (FL) Wynn KENNEDY of Massachusetts changed housing is occupied. I can give example Jackson-Lee Peterson (MN) Yates their vote from ‘‘no’’ to ‘‘aye.’’ after example where this kind of line- NOES—231 So the amendment was rejected. item veto will undermine democracy in The result of the vote was announced the particular and in general. Archer Chrysler Gallegly as above recorded. I pray that we will not be in the situ- Armey Clinger Ganske Bachus Coble Gekas PERSONAL EXPLANATION ation in which we find ourselves having Baker (CA) Combest Gilchrest Ms. HARMAN. Mr. Speaker, during rollcall to say oh, if we had only done the right Baker (LA) Cooley Gillmor vote No. 86 on H.R. 2 I was unavoidably de- thing. The right thing to do is to be Baldacci Cox Gilman Ballenger Crane Goodlatte tained. Had I been present I would have voted against the line-item veto and to stand Barr Crapo Goodling ‘‘aye.’’ up for freedom and democracy. Barrett (NE) Cremeans Goss The CHAIRMAN. The question is on Bartlett Cubin Graham PARLIAMENTARY INQUIRY the amendment offered by the gentle- Barton Cunningham Greenwood Mr. WISE. Mr. Chairman, I have a Bass Davis Gutknecht parliamentary inquiry. woman from New York [Ms. SLAUGH- Bateman DeLay Hall (TX) TER]. Bereuter Diaz-Balart Hancock The CHAIRMAN. The gentleman will The question was taken; and the Bilbray Dickey Hansen state it. Bilirakis Doolittle Hastert Chairman announced that the noes ap- Mr. WISE. Mr. Chairman, since the Bliley Dornan Hastings (WA) previous question which was just voted peared to have it. Blute Dreier Hayworth Boehlert Duncan Hefley down was an item in the contract, does RECORDED VOTE Boehner Dunn Heineman this constitute a breach of the con- Mr. BARRETT of Wisconsin. Mr. Bonilla Ehlers Herger tract? Speaker, I demand a recorded vote. Bono Ehrlich Hilleary Boucher Emerson Hobson The CHAIRMAN. The Chair would A recorded vote was ordered. Brownback English Hoekstra state that is not a parliamentary in- The vote was taken by electronic de- Bryant (TN) Ensign Hoke quiry. Bunning Evans Horn vice, and there were—ayes 196, noes 231, AMENDMENT OFFERED BY MRS. THURMAN not voting 7, as follows: Burr Everett Hostettler Burton Ewing Houghton Mrs. THURMAN. Mr. Chairman, I [Roll No. 86] Buyer Fawell Hunter offer an amendment. Callahan Fields (TX) Hutchinson AYES—196 Calvert Flanagan Hyde The Clerk read as follows: Abercrombie Bentsen Brown (CA) Camp Forbes Inglis Amendment offered by Mrs. THURMAN: Sec- Ackerman Berman Brown (FL) Canady Fowler Istook tion 5(d)(2) is amended by striking the eighth Allard Bevill Brown (OH) Cardin Fox Johnson (CT) and ninth sentences and inserting the fol- Andrews Bishop Bryant (TX) Castle Franks (CT) Johnson, Sam Baesler Bonior Bunn Chabot Franks (NJ) Jones lowing: No amendment to the bill is in order, Barcia Borski Chapman Chambliss Frelinghuysen Kasich except any Member may move to strike the Barrett (WI) Brewster Clay Chenoweth Frisa Kelly disapproval of any rescission or rescissions Beilenson Browder Clayton Christensen Funderburk Kim of budget authority or any proposed repeal of

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1126 CONGRESSIONAL RECORD — HOUSE February 2, 1995 a targeted tax benefit, as applicable, if sup- an individual item in a disapproval res- want to make sure that there is not ported by 49 other Members. At the conclu- olution, then those Members will be pork stowed away in the omnibus bill sion of the consideration of the bill for able to debate why an individual line that does not bear the scrutiny of an amendment, the Committee shall rise and item should be saved. The entire House up-or-down vote on its own merits. report the bill to the House. The previous question shall be considered as ordered on would still have to vote on that indi- This amendment would simply allow 50 the bill and amendments thereto to final vidual rescission and then vote on the Members to force a vote on that par- passage without intervening motion. whole disapproval bill. ticular spending program so that we Mrs. THURMAN (during the reading). A similar provision was included in are not stuck with a take it or leave it, Mr. Chairman, I ask unanimous con- the Stenholm-Penny-Kasich substitute all or nothing situation, as the Presi- sent that the amendment be considered to the expedited rescissions bill we dent is today. as read and printed in the RECORD. considered last July. In addition, the I believe that the result of this will The CHAIRMAN pro tempore (Mr. procedure is based on existing provi- be an enhanced opportunity to get rid RIGGS). Is there objection to the re- sions in the Impoundment Control Act, of pork-barrel items which find their quest of the gentlewoman from Flor- wherein, if a requisite number of Mem- way into legislation all too frequently. ida? bers stood to be counted, a motion to This is a pro-taxpayer, anti-pork There was no objection. strike a rescission would be debatable vote, and I urge my colleagues to sup- Mrs. THURMAN. Mr. Chairman, so for 5 minutes. port this amendment. everyone will know, this amendment is I believe that my amendment also Mrs. COLLINS of Illinois. Mr. Chair- nearly identical to my amendment No. preserves one of the key concepts of man, I move to strike the last word, 7, but at the request of legislative this legislation—accountability. Any and I rise in support of the amendment counsel the words ‘‘disapproval of’’ Member who wishes to save an item offered by the gentlewoman from Flor- have been inserted prior to the words the President has vetoed will have to ida [Mrs. THURMAN]. ‘‘any rescission’’ to clarify the amend- make a strong argument to preserve Mr. Chairman, proponents of H.R. 2 ment. the rescission and then convince a ma- argue that current veto authority Mr. Chairman, I would like to take jority of the House to agree. Members forces a President to take all or none this opportunity to thank the many would have to go on the record and de- of the spending in an appropriations Members in this body who have helped fend saving the proposed rescission and bill. To deal with specific spending to along the way to see this amendment thus be accountable to their constitu- which he objects, we are told the Presi- to the floor today. I know the gen- ents. dent needs more flexible powers such as the line-item veto would give him. tleman from New Jersey [Mr. ZIMMER] b 1730 and the gentlewoman from New York For those same reasons, I believe we [Mrs. LOWEY] are involved with this. I In addition, I would say to Members should all support the gentlewoman’s would like to make a few comments that by adding this provision we can amendment. Without this amendment, about it. maintain our constitutional duty as a Congress will be forced to accept all or Mr. Chairman, as I have listened, part of the legislative branch for appro- none of the rescissions the President proponents of this legislation have priating and raising money while still proposes for a particular appropria- claimed that this legislation grants the allowing the President the tool to veto tions bill. President line item authority that 43 of appropriations. We can also protect H.R. 2 requires the President to sub- our Governors enjoy. The fact is, only ourselves from the actions of a Presi- mit one special message containing his 10 Governors have the kind of broad dent who might use the tool to exact rescissions for each of the appropria- powers outlined in H.R. 2. My amend- retribution against a Member who did tions bills Congress passes. Members of ment to the Line Item Veto Act seeks not act in a manner that the President Congress can only introduce a resolu- to prevent the possible misuse of au- desired. tion to disapprove all of the rescissions thority. I would urge my colleagues to adopt in each special message submitted by The amendment will give the Mem- this amendment and give an even the President. Why should Congress bers of this body the opportunity to greater degree of accountability to this have to reject all of a President’s re- carefully consider a President’s pro- legislation, and I would also just like scissions just because it may disagree posed rescissions and then, supported to take this time, Mr. Chairman, to with a few of them? by 50 Members, vote to remove indi- also thank the gentleman from Penn- The gentlewoman’s amendment vidual rescissions from a disapproval sylvania [Mr. CLINGER] for his leader- would give Members some of the flexi- resolution. As H.R. 2 is currently draft- ship, and commitment and support to bility this bill would give the Presi- ed, there is no mechanism in place for this amendment, and I appreciate it. dent. Members to strike individual rescis- Mr. ZIMMER. Mr. Chairman, I rise in Under current law, Congress has the sions from a disapproval resolution. support of the amendment offered by flexibility to package rescissions in The resolution is only subject to an up the gentlewoman from Florida [Mrs. any way it chooses. Over the last 20 or down vote. THURMAN]. years, Congress has used this authority It is important that my amendment Mr. Chairman, I want to commend to enact rescission packages that have be adopted. If a President has a pack- the gentlewoman from Florida [Mrs. reduced Federal spending by more than age of numerous cuts that are indeed THURMAN] for proposing this amend- $92 billion. During this same period, all wasteful spending, but decides, for po- ment. I am delighted to have played a Presidents, Republicans and Demo- litical reasons, to veto an item impor- part in its formulation. crats, have proposed rescissions that tant to a number of Members, then it is The basic purpose of this amendment total only $72 billion, that is $20 billion conceivable that the entire disapproval is to give Congress an additional oppor- less than Congress has approved. resolution could be approved because of tunity to cut a particular item of pork If flexible powers are considered im- that one important project the Presi- that may have found its way into an portant to deficit reduction, I think we dent decided to veto, thus leaving appropriation bill. The President, want Congress, which has the better items that everyone agrees are waste- under current law, is forced, when he is track record on rescissions, to have the ful intact. confronted with an omnibus appropria- same kind of flexible powers this bill Members should be given the oppor- tion bill, to sign the bill or to veto the would give the President. tunity to make their case to the entire bill in its entirety. He has no choice I urge my colleagues to support the House as to why individual rescissions but to take it or leave it as a whole. gentlewoman’s amendment. should be saved and, in the process, en- This is the choice that the Congress Mrs. LOWEY. Mr. Chairman, I move sure that those wasteful items are in- would be faced with under the legisla- to strike the requisite number of words deed canceled. tion before us without this amend- in support of the amendment offered by Under this amendment, the process ment. the gentlewoman from Florida [Mrs. for striking individual rescissions is as When we are faced with an omnibus THURMAN]. follows: If a Member can convince 49 disapproval bill, which would restore Mr. Chairman, as my colleagues well other colleagues to join in objecting to spending as provided by H.R. 2, we know, the legislation before us permits

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1127 the President to send back to the Con- from among the line items. Let me way would be to eliminate the neces- gress a package of rescissions which share with my colleagues a list of sity for 49 or 50 Members. However, will go into effect if we do not pass leg- States where the line-item veto pro- since that is not going to be the will of islation to reinstate them, but, under tects the role of legislators to examine the House, I think at least by having H.R. 2, when the rescissions are sent to these items: the 50 Member requirement when there us, we have one choice and one choice Alabama, Alaska, Arizona, Arkansas, are items in 1 veto message, and let’s only, take it or leave it. For a number California, Colorado, Connecticut, say there are 10 items, and there is one of reasons I think that is ill advised, Delaware, Florida, Idaho, Illinois, which I think almost everybody in the and this amendment is designed to en- Iowa, Kansas, Louisiana, Maryland, House would agree to, we could have able us to look at each proposed rescis- Minnesota, Missouri, Nebraska, New the ability to pull that one out, know- sion item individually and act on its Jersey, New York, North Dakota, Ohio, ing full well we do not need 10 votes be- merits. South Dakota, Tennessee, Texas, Utah, cause the other 9 will not survive. First, the stated purpose of this leg- Virginia, and Wisconsin. The gentlewoman from New York in- islation is to rid spending bills of un- In only four, Michigan, Mississippi, dicated that Wisconsin had a policy on necessary and wasteful items. That is a Montana, and Pennsylvania, do legisla- this. As a former State legislator in goal we all share. But under H.R. 2, tures face the all-or-nothing situation Wisconsin, that is exactly how we did with its all-or-nothing approach, it is that this legislation would impose on it. When the Governor sent back line conceivable that the Congress would us, and in the case of Wisconsin, Mr. item vetoed items in the budget bill, find ourselves in the position of voting Chairman, the State constitution we would select the ones, with the mi- to reject a rescission package because would allow item by item consider- nority, which would necessitate a vote. it includes one or a few items that was ation, but the legislature has decided The bulk of them were voted en bloc, strongly felt are important to main- in its own rules to respond to line and the sufficient two-third was not tain. In doing so we would have no items en bloc. With regard to the bal- garnered. choice but to protect projects that a ance of the States, our review of con- So that is the correct procedure, it is majority of us might agree with the stitutional provisions shows that at one which worked there, it is one President should be cut. The end re- least in their constitutions their legis- which would work here, but that is not sult: more spending, not less spending. lators are not restricted to the all-or- going to be the way it is going to go. Let me give my colleagues an exam- nothing option. So let us try the 50 Members signing to ple: b 1740 request a separate vote and see if that The President might decide that we provision works. Mr. Chairman, I offer this amend- have appropriated funds that he thinks Mr. CLINGER. Mr. Chairman, I move ment with the gentlewoman from Flor- unnecessary for the State revolving to strike the requisite number of ida in an effort to improve on this leg- loan fund which helps finance sewer words. treatment plants’ upgrades, but a ma- islation, not to destroy it. When it Mr. Chairman, I do so to commend jority might disagree with his judg- comes to altering the balance of power the gentlewoman for her amendment. ment. That would be in the VA–HUD under which our Government has func- There have been points made here appropriations bill. That same bill tioned for over 200 years, caution today that we were going to be ceding might include another item that the should be our guiding principle. too much power to the President, and President feels is pork, and a majority Mr. Chairman, I urge the adoption of that we should in some way limit that. of this House might agree on that. this amendment. Ideally I would have I think what this amendment does is Under the committee bill, without this preferred that this amendment not in- make the case that were the President amendment to save those sewerage clude the 50 Member threshold before is deemed to have done an egregious treatment funds, we would have to also an item can be voted on separately, but thing in the exercise of the line-item save that project which we otherwise I am pleased to join the gentlewoman veto, something that was punitive or would be willing to kill. That does not from Florida in this compromise. It is an improper use, shall we say, of the help reduce the deficit. an important and valuable step in the Second, all of us know that this leg- right direction, and I urge support of line-item veto, and that was apparent islation does directly impact the bal- this amendment. to 50 or more Members, that that ance of powers between the three Mr. KLECZKA. Mr. Chairman, I move would rise to the level where we should branches of our Government that was to strike the requisite number of be able to pull that back and say no, he carefully developed by the Founding words. has gone too far. Fathers. In doing so I think we have a Mr. Chairman, as I read H.R. 2, I dis- Our concern with the gentlewoman responsibility to consider how far we covered two serious flaws or two prob- from New York’s amendment is allow- want to go in shifting the balance, and lems that I personally had with it. One ing one Member to do that it seemed to in this instance I firmly believe that was addressed in the previous amend- us was going to open up perhaps a Pan- this legislation, as currently drafted, ment, and that is limiting the corpora- dora’s box, where a lot of Members goes too far. In effect the bill, in giving tions or the individuals who are get- would have various things they would the President the power to pick and ting a tax break to only 100. I think like to see pulled out of that, and we choose among individual items in ap- that is not advisable public policy. have a cherry picking. propriations and revenue measures, has However, the floor has spoken and that I really think where we are talking denied the Congress the final authority did not get adopted, or the deletion did about the kind of egregious thing the to do the same thing. not get adopted. President might engage in, the gentle- Third, advocates of the line-item When I first saw the section indi- woman’s amendment allowing 50 Mem- veto have said time and time again cating that we could not pull out var- bers to indicate that is strong, and I that they are only attempting to give ious line item vetoed items and vote on am pleased to accept the gentle- the President of the United States the them separately, I thought that was a woman’s amendment. same line-item veto authority which very serious mistake. So when the gen- Mrs. LOWEY. Mr. Chairman, will the Governors of various States enjoy. If tlewoman introduced her amendment, I gentleman yield? indeed our goal is to narrow the au- called and said I would like to support Mr. CLINGER. I yield to the gentle- thority of the various governors, then it and would come to the floor and woman from New York. we should duplicate at the Federal speak in favor of it. However, in speak- Mrs. LOWEY. Mr. Chairman, I thank level the authority that most of them ing to the chairman of the committee, the gentleman for accepting the in their legislature have. he indicated he did not like that ap- amendment. I would have been willing In my home State of New York, for proach and would be supporting the to live with the responsibility to take example, and dozens of others where amendment of the gentlewoman from a vote on each of the amendments, but Governors have line-item veto author- Florida [Mrs. THURMAN]. since it is very obvious it would not ity, the legislatures have retained the I thing the compromise gets at the have been accepted, I am very happy to power to selectively approve or reject problem, although I think the better support this amendment.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1128 CONGRESSIONAL RECORD — HOUSE February 2, 1995 Mr. GOSS. Mr. Chairman, will the the other 218 that we need to go along, item veto bill. It is a legislative line- gentleman yield? and we will be able to get ours’’? item veto bill, and we will rue the day Mr. CLINGER. I yield to the gen- I warned that the small States were we passed it. tleman from Florida. going to be at risk here. You know that Mr. DINGELL. Mr. Chairman, I move Mr. GOSS Mr. Chairman, I think the big States and the big-power, spe- to strike the requisite number of there is one further point: We worked cial interests you talk about, private words. very hard to try in the committee interests—I do not care whether you Mr. Chairman, I hope my colleagues process to work out a formula that are talking about the space station, I heard the remarks of the gentleman would expedite the procedure to allow do not care whether you are talking from Hawaii, because he is talking any Member to get something to the about a particular item, a dam or a good sense. I do not intend to elaborate floor that was of great concern to river, whatever it is you want to deal on what it was that he said about this them. We were concerned at first that with the public works—this is going to amendment. But, rather, I want to re- this might not fit into the procedures open the whole thing back up again. mind my colleagues about who we are, that we worked out. This actually The hypocrisy of this whole line item why we are here and what we are. could improve it. I think it is untested. veto is made manifest by this amend- I would never support a line-item We shall see. But I am very happy from ment. veto for a Republican President. But I our perspective, from a legislative I am waiting to see whether this is would never support a line-item veto process point of view, to accept the voted through to not, because if it is, for a Democratic President either. amendment as well. let the record state here clearly that We have been engaged in a headlong Mr. ABERCROMBIE. Mr. Chairman, I this means we have a legislative line rush over the last 3 weeks or so now to move to strike the requisite number of item veto bill in which the deal-mak- pass the contract on America. This is a words. ing and the logrolling will be some- remarkable device, because essentially Mr. Chairman, I rise to oppose this thing like you have never witnessed in it says a lot of things. It says that amendment in the strongest possible the 200-plus years of this Republic. when we passed legislation to clean up terms. This is going to be the granddaddy, the environment or deal with the prob- I do not know how many are going to the mother of all pork-barrel bills, lems of the health of our people or to listen, I do not know how many heard when this comes out if you folks pass take care of the young or the unfortu- before about the line-item veto. But this, and it is going to be on the record. nate or the poor, we really did not how can you say you are for the line And in honor of this final decline and mean it. And where we mandated the item veto the turn over the authority, fall of the Constitution of the United States to do something, we really did the explicit, direct authority and obli- States and the House of Representa- not mean that either because, after all, gation that we have in swearing to up- tives in particular, Mr. Chairman, I ask now they are complaining. We only hold and defend the Constitution, de- unanimous consent to be able to enter give the States $750 billion a year, and fend our prerogatives and obligations into the RECORD the disquisition made the local units of government get a as a legislative body, a line-item veto, in the Senate in 1993 by the Honorable large part of that. And were we to take you say, and then when the President ROBERT BYRD on the line item veto. that back, we could balance the budget comes back with all of those line items Mr. GOSS. Mr. Chairman, reserving very comfortably. taken out which you have just voted to the right to object, is it parliamentary But I want to talk a little bit of his- give to him, say, ‘‘But what if we don’t correct to enter into the RECORD a doc- tory to my colleagues, because history like it? What if there are some items ument? is important. we don’t want?’’ The CHAIRMAN pro tempore (Mr. As George Santayana observed, ‘‘He So this is a fewer items bill you are RIGGS). That request cannot be made in who does not learn from history is about to pass if you have this in, not a the Committee of the Whole. doomed to repeat it.’’ That means if line item. Fewer items. You want to Mr. GOSS. Mr. Chairman, I withdraw you do not listen to what happened in pass a legislative line-item veto bill. my reservation of objection. the past and you do not learn from it, One of the Members from the other Mr. ABERCROMBIE. Mr. Chairman, I you are going to make the same mis- side, who I believe is chairing it for the will do that at the proper time. takes. And you are probably going to Republican Party, says, ‘‘What if the I commend them to you, in conclu- pay the same price. President does something egregious? sion, before you engage on this reckless Then it comes back to us, and we get course for which you will have to an- My old Daddy used to tell me, Son, to pick 50 Members to go against ev- swer, read the record as entered by there are two kinds of people: there are those who learn from experience and erybody else and get the rest of us to Senator BYRD in 1993. I am sure his of- go along with me on this.’’ fice will be happy to present you with those who learn from the experience of If you think deals have been cut in some copies. I will be happy to do the others. the Committee on Appropriations, I same. It started at one point in history now see the Committee on Appropria- We can go over the entire history of back around about 1500, when the Brit- tions as the enemy of us all. the line-item veto as practiced in other ish parliament and the British people Please, I have been in a legislative times, directly attributable to the de- were involved in an intense con- body too long. I understand how poli- cline and fall not just of this Nation, troversy with the king who said that tics works. I am proud to be a part of which is what this will be, the decline he ruled by divine right, not by the gift that tradition. I am not going to quiver and fall of this body as a honorable of the people. And that began a battle and be some craven cur down there, body engaged in legislative practice which culminated with the works of saying, ‘‘Well, if the President sends us that it should be engaged in. Oliver Cromwell, the great commen- back something that we volunteered on tator, the man who pulled down the this floor to give him, then if we find b 1750 British monarchy. Why? Over the budg- some items, we can get 49 other people Let us stand up for the Constitution et. Over the purse, over the power of to stand up with us, we will take it that we swore to uphold and defend. Do the people to have control of their back.’’ not pass this amendment and bring budget and their moneys. That is why. How can you have the gall to stand shame on ourselves at the very time And just a few years later, about 200 up and parade yourselves in front of when we say we are already willing to years later, a little more, the United the American people, talking about, give up what we should be hanging States was formed, the colonies. Why? ‘‘We do not have the discipline to do onto, clinging to with dear legislative For exactly the same reason, over tax- anything for ourselves, we are going to life. ation without representation. We can have the President do it for us; how- This amendment bespeaks the spend our careers here denigrating and ever, if there are some items that are disquietude that is in this body with criticizing this institution, and I would taken out that we want and we can get respect to the line-item veto. It shows say those who do this deserve to be 49 of our buddies to go along with us, that we do not really mean it. If this denigrated, because this is a great in- then we are going to see if we can’t get amendment passes, this is not a line- stitution. I would urge my colleagues

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1129 to stand up, not only for what they be- which was discussed in the convention Mr. Chairman, I have heard my col- lieve right, but to stand up for the con- in Philadelphia. They looked to see leagues on the Republican side of the stitution, for the powers of the people. how the purse should be managed and aisle talk about the budget and how ir- I do not believe any President ought by whom, and they came to the conclu- responsible Congress is. Again, as to have the line-item veto power. I sion that it, first of all, should be in George Santayana says, ‘‘He who does think that what it constitutes is a the Congress and, second of all, that not learn from history is doomed to re- wonderful power that he can use to the primary power for that should be in peat it.’’ swing every one of us by the ear or the the House of Representatives. Let me remind Members that during nose. And he can cut deals that are as Again, I have heard a lot of Members the 12 years of Republican presidency, every bit or more corrupt than those talk about how corrupt this institution between 1980 and the commencement of which my colleagues complain about. is. There seems to be a great deal of President Clinton’s administration, the This is a public body. It is a public that sort coming from the majority Congress of the United States cut institution. We try to do our business side of the aisle. That is not a majority President Reagan’s budget every year in the public with openness, with review in the country, and it should not except one. Every year except one, the spect for our constituents. Are bad be a majority view in the country. And President’s budget was cut up here. things done here? Of course, this is a it should not be a majority view here. The complaint that we heard from human institution. As my colleagues If there is something wrong, let us Mr. Reagan and then from Mr. Bush may remember from history, the good clean it up. But let us not throw away was an interesting complaint. They Lord got one bad apostle out of 12. But the constitutional powers of United complained that we were taking money by the large the Members here are States, the Congress of United States, from defense and educating kids. They keenly aware of their duties and their the people of United States. Let us not complained that we were taking money responsibilities. give them to a President or anybody from defense and other boondoggles. Now, I know my new colleagues came else unless we are convinced that that Mr. Chairman, they complained that in here running against the institution. is the proper carrying out of our con- we were taking money from some Well, perhaps after they have served stitutional responsibilities. I assure things like foreign aid and military ex- here for a while, particularly the Mem- you, it is not. penditures and putting it into health, bers on the majority side of the aisle, The Constitution is to be protected or the needs of senior citizens, or re- they will recognize that there is some- by all of us. We take an oath on that search into health, or into protecting thing more at stake here than they point. And we should understand that the environment, or into doing things might like to admit at this time, the the protection of the power of the that were going to make this country Constitution. We take an oath at the purse and the protection of the prerog- better. beginning of every session to support atives of the House of Representatives Mr. Chairman, I would tell my col- and defend the Constitution of United are an essential and important part of leagues, when I go to Europe and talk States. that oath. to the Europeans, or when they come The Constitution was founded on a I would urge my colleagues to reject here to me, they say: couple of very important principles, the amendment, and I would urge my We do not understand you in the Congress, one man, one vote, and that the power colleagues to reject also this out- and we do not understand your country. of the purse resides in the people. rageous piece of legislation which does When we spend money to educate a child or We carry that delegated responsi- nothing other than to denigrate the to build a college or university, or to build a bility. This body has over the years I House, the Congress, and to confer road, or to improve the country, or to build have served here been so sensitive that power upon the President of United some kind of a navigation project or some- in the old days they would not let the States, which was the subject of a long thing of that kind, or when we spend money Senate start a piece of legislation struggle between the people and the on research for health or for the betterment of people, or to take care of our senior citi- which would appropriate money. sovereign and a part of a long struggle It is important that we know why zens, or to enable our country to better com- on the part of the people of United pete, we regard that as an investment. this power is here. It is important why States. we know we must defend it. There is a The CHAIRMAN. The time of the In this country, according to what I have been hearing here lately, this is constant tension between the executive gentleman from Michigan [Mr. DIN- pork. This is subject to a line-item and the legislative. A weak legislative GELL] has again expired. veto. It is criticized. encourages the encroachment of the (On request of Mrs. COLLINS of Illi- executive. nois, and by unanimous consent, Mr. Well, it is not. We are really the con- servators of the well-being of this Again, I do not care whether it is a DINGELL was allowed to proceed for 4 Republican or Democrat in the White additional minutes.) country. It is our responsibility to see House. It is not in the interest of the Mr. DINGELL. This was not a strug- to it that we invest in the future. We country, nor is it in the interest of this gle which was won easily. In England it are not just spending the treasure that legislative body to afford the line-item cost the head of one king and the belongs to the youngsters who are veto power to the President of United throne of another. And it caused a rev- going to come. We are making invest- States. Let him consider the legisla- olution which caused thousands of ments on their behalf in their edu- tion we send him. Let him veto it. British subjects to die. It caused a war cation, in the infrastructure of their The CHAIRMAN. The time of the between the United States and Great country. We are building them roads gentleman from Michigan [Mr. DIN- Britain, a war which we all revere, and highways. We are doing other GELL] has expired. which is an essential part of our his- things that are making this a better (On request of Mrs. COLLINS of Illi- tory, which reminds us of how Ameri- and richer place in which they will nois, and by unanimous consent, Mr. cans died at Valley Forge and else- live. DINGELL was allowed to proceed for 2 where. Mr. Chairman, I would ask my col- additional minutes.) leagues here to recognize both the con- Mr. DINGELL. Mr. Chairman, if it is b 1800 stitutional responsibility of Members in the public interest that we should Why? Because they wanted independ- of this institution, but also to under- have the power of the purse, we should ence, because they wanted self-govern- stand what it is that we are doing here, also have the responsibility for it. And ment, because they wanted representa- and to try and look at it in a little we should bear both. If we come to a tive government, and because they more expansive way. Do not look at decision that something is a good wanted the ability to control their own the small end of the telescope, look project and the President does not like destiny and their own purse. Members through the end that is going to reveal it, let him veto it. Let him send a veto can criticize the way we spend the to you what the future is, and what our message up here and let us deal with it money, but remember, we are all an- goals and our purposes are. as the Founding Fathers intended. swerable to the people. Every 2 years The saddest thing about this first 30 This question of the line-item veto is we go home and we talk to them about days of this Congress has been the like a lot of other things, a matter the budget. small-mindedness and the small vision

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1130 CONGRESSIONAL RECORD — HOUSE February 2, 1995 that I have seen on the part of my col- important, because we do not have the ing him a deficit budget. We are going leagues, reluctance to do the things money to spend ourselves in our time, to do our level best to balance that that are necessary to make this a bet- we are taxing them and they are not budget. We are going to do our best to ter country, to build, to take care of represented in this Chamber today, ex- reach the goal of the balance budget our young, to make a better environ- cept among those who are willing to amendment we just passed, Mr. STEN- ment, and to do other things, and a speak for the unborn yet. That tax- HOLM, and sent over to the Senate that concentration on minute matters of ation without representation is indeed will require us to reach a balanced small importance. Reject the amend- institutionalized in the concept of a budget by the year 2002. ment and reject the bill. deficit. A little later on in this debate, I hope The CHAIRMAN. The question is on Every time this body, every time a to offer an amendment to even perfect the amendment offered by the gentle- President signs a budget, signs appro- this theory a little further. woman from Florida [Mrs. THURMAN]. priation bills, rather, that appropriate The CHAIRMAN pro tempore (Mr. The amendment was agreed to. more money than we have to spend RIGGS). The time of the gentleman AUZIN AMENDMENT OFFERED BY MR. SKELTON each year, we are in fact taxing future from Louisiana [Mr. T ] has expired. Mr. SKELTON. Mr. Chairman, I offer generations who are not represented in this body today, and who deserve bet- (By unanimous consent, Mr. TAUZIN an amendment. was allowed to proceed for 3 additional The CHAIRMAN. The Clerk will re- ter treatment than to be born into this country with a huge debt on their minutes.) port the amendment. Mr. TAUZIN. You and I know some- shoulders for taxes that we have im- The Clerk read as follows: thing that the American public knows posed upon them without their consent Amendment offered by Mr. SKELTON: At and that has been admitted in the bal- and without their representation. the end of section 2, insert the following: anced budget debate and admitted by What does a line-item veto have to do (d) EXCEPTION.—The President may not in- Presidents who have served us now and clude in a special message any rescission of with that concept? The line-item veto have preceded us. That is, if we tried more than $50,000,000 of discretionary budget as it is employed in all of the States today to produce a balanced budget in authority for any program, project, or activ- where it is employed, and my State is this fiscal year, it would be practically ity within the major functional category for one which has a line-item veto, is used national defense (050). impossible to do because we have com- to enforce the principle of a balanced Mr. SKELTON. Mr. Chairman, I ask mitted ourselves to so much entitle- budget. The line-item veto is exercised ment funding. unanimous consent to momentarily by Governors across this land to strike withdraw the amendment, subject to Without massive changes in the way from the budget appropriations that we fund entitlements in America, we its being offered in a few moments. exceed the revenue of that particular The CHAIRMAN. Without objection, cannot deliver a balanced budget to the State. President this year. That makes pass- the amendment is withdrawn. States like mine with a requirement There was no objection. ing a line-item veto difficult, because to balance the budget and a line-item it means for the years we cannot bal- Mr. TAUZIN. Mr. Chairman, I move veto have a pretty good enforcement to strike the last word. anced the budget, the President is mechanism in place, because the legis- going to enjoy that extraordinary au- Mr. Chairman, while we have a break lature is admonished if the legislature in the offering of amendments, I want- thority. dares to appropriate more money than I am going to suggest a change in the ed to rise in support of the idea, first of the people have presented to it that bill that is before us. I am going to sug- all, and the bill providing for a line- year for expenditures, then the legisla- gest a change called the glide path item veto for the President of the ture is subject to having the Governor amendment a little later on. The glide United States to reduce the deficits of that State strike from that budget path amendment says that if we are that are produced by the Congress of whatsoever he or she may choose to smart enough, wise enough, and re- the United States now and into the fu- strike in order to bring that deficit sponsible to stay on the glide path that ture. down and balance the budget. the CBO predicts we need to stay on to Mr. Chairman, my good friend, the The line-item veto becomes an en- reach the balanced budget by the year gentleman from Michigan [Mr. DIN- forcing mechanism to enforce the bal- 2002, the line-item veto authority GELL], and I have a disagreement on anced budget. In short, if the legisla- would be limited to expenditures in ex- this point, as Members can readily un- ture of Louisiana and the legislature of cess of those numbers so that we can derstand from the speech he just gave the some 43 States which have a line- legitimately stay within the numbers and what I am about to say. I deeply item veto authority, if they are smart that take us to a balanced budget by respect him and the incredible service enough and wise enough and prudent the year 2002 and not give the Presi- he has rendered this country in all the and responsible enough not to tax fu- dent this extraordinary authority be- years that he has served in this Con- ture generations without representa- cause we cannot balance the budget gress and led the Committee on Energy tion, not to create a deficit in their ac- this year. and Commerce, on which I serve. counts each year, not to build the It would mean that the authority we Our disagreement stems from the mountains of debt we have built here give the President in line-item author- fact that while I believe, too, that in America through this congressional ity would be used to enforce the will there have been mighty struggles be- appropriation process, then the Gov- power of this body to stay on schedule, tween sovereigns and those with whom ernor of that State does not line item to balance the budget as we have they have contested over the years anything. agreed to do in the balanced budget over the issues of who, indeed, has the amendment, and to give the President b 1810 power to make the laws and the man- the authority to strike any item that dates that affect the common welfare, The legislature protects itself we appropriate in excess of those num- but I believe that a revolution was against the line-item veto by balancing bers until we reach the year 2002. fought in this country over a very sim- its budget each year. And if ever this When we have reached that touch- ple proposition called taxation without Congress in the history of our country down goal of 2002 and we have balanced representation. needed something to enforce the will the budget, therefore we would be If there is a form of taxation without power of this body to keep its books in under an obligation to keep the budget representation that is insidious in this balance, it is now and the line-item in balanced or else the executive would land today, it is the kind of taxation veto is just that tool. have the authority, as he has in every without representation that we now If the line-item veto is passed in this 50 States, to strike out any appropria- permit for the future generations of Congress and the President of the tion in excess of that balanced budget. children who will be born in this coun- United States, be he Democrat or Re- I believe that change will be very im- try. publican, has the capacity to line item portant. I would ask you to think When we decide to spend their money out of the budget expenditures we cre- about it now. I will be offering it later and therefore raise their taxes in the ate in deficit accounts, we are going to on to make this thing work in the in- future, for whatever purposes we deem be much more careful about not send- terim, while we are trying to get the

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1131 balanced budget working and in fact to authority to line-item any item to re- our Nation that he is naming the air- enforce our will power to make it work duce a deficit which, if my reading is craft carrier CVN–75, the U.S.S. Harry in the year 2002. correct, that means in effect if we send Truman, and the aircraft carrier CVN– Mr. GENE GREEN of Texas. Mr. him a balanced budget, he would not 76, the U.S.S. Ronald Reagan. Chairman, will the gentleman yield? have the authority to line-item any- I compliment him on those choices Mr. TAUZIN. I yield to the gen- thing. It is the same kind of procedure for the famous Missourian who stood so tleman from Texas. we have in Louisiana. tall and so well as our President and Mr. GENE GREEN of Texas. I thank So to the arguments of those who are the recent President, Ronald Reagan, the gentleman for yielding. concerned that this bill would give the who was a patriot and strong for na- I say to the gentleman, ‘‘I am sup- President some authority to punish tional defense. porting the line-item veto just like you Members, to extort a vote from them Back to the amendment. This amend- because in Louisiana you have that au- on occasion, to yank them by the ears ment, Mr. Chairman, reflects what we thority just like we do in Texas. Al- or the nose or whatever it might be to ought to think about when it comes to though I also recognize to transfer this do his will, let me assure you, if you legislation and our own powers. authority from the legislative to the adopt the amendment I am going to This legislation reflects the purpose executive branch, which is what we are suggest, and if we stay within the con- and the spirit of our Constitution. If doing, it is because of the budget that tours of the path that takes us to a bal- you go into the Committee on National we are doing that. anced budget, the glide path that gets Security room, you will see in front of But I am almost sure in having read us there by the year 2002, the President the podium a copy of the words from some of the Louisiana papers over the would not have that authority, and the article I, section 8 of our Constitution years and your current governor, often- legislature would be protected from that gives us, the Congress, not only times, the line-item veto is used not that abuse. the authority but the duty to raise and only to balance the budget but also to AMENDMENT OFFERED BY MR. SKELTON maintain the military and to establish get the attention of those of us who Mr. SKELTON. Mr. Chairman, I offer rules therefor. serve in the legislative body and I am an amendment. sure Governor Edwards just like Gov- The CHAIRMAN pro tempore. The b 1820 ernor Briscoe and Governor Clements clerk will report the amendment. It is our responsibility. This amend- and White and all the rest of them in The Clerk read as follows: Texas have used it over the years to ment keeps that responsibility here Amendment offered by Mr. SKELTON: At get the attention of us, that is a possi- and does not allow the buck to be the end of section 2, insert the following: passed somewhere else. bility. (d) EXCEPTION.—The President may not in- The CHAIRMAN pro tempore. The clude in a special message any rescission of There are those who might say what time of the gentleman from Louisiana more than 50,000,000 of discretionary budget about those special projects, those re- [Mr. TAUZIN] has again expired. authority for any program, project, or activ- search projects that some might put (By unanimous consent, Mr. TAUZIN ity within the major functional category for into a defense bill? That is taken care was allowed to proceed for 2 additional national defense (050). of, and the gentleman from Texas [Mr. minutes.) Mr. SKELTON (during the reading). EDWARDS] came through with this idea Mr. TAUZIN. Mr. Chairman, I con- Mr. Chairman, I ask unanimous con- that we incorporate that anything tinue to yield to my friend, the gen- sent that the amendment be considered under $50 million may be subject to the tleman from Texas. as read and printed in the RECORD. same veto message that anything else Mr. GENE GREEN of Texas. I thank The CHAIRMAN pro tempore. Is may be subject to in this legislation. the gentleman from Louisiana. there objection to the request of the Nothing is more important than the It is used oftentimes by the executive gentleman from Missouri? national defense of our Nation. Secur- either to punish or to get the attention There was no objection. ing our borders, the vital interests of of the members of the legislative Mr. SKELTON. Mr. Chairman, I offer our country, nothing is better than branch. But in the meantime, they are an amendment at this point which that. I speak for the young men and also using it to try to get spending would state that the President may not young women, I speak for this Con- within check. include in a special message any rescis- gress, because it is our constitutional Mr. TAUZIN. Reclaiming my time, I sion of more than $50 million of discre- duty to raise and maintain them. I in- am not sure what the balanced budget tionary budget authority for any pro- tend for us to let the buck stop here, of Texas requires nor what the line- gram, project, or activity within the where it should. item veto allows, but let me tell you major functional category for national Mr. DICKS. Mr. Chairman, will the what it does in Louisiana, as I think it defense. gentleman yield? does in this bill. The authority to the I also wish to thank the following Mr. SKELTON. I gladly yield to my executive is only to strike out meas- gentlemen: The gentleman from Penn- friend, the gentleman from Wash- ures that end up reducing the deficit. If sylvania [Mr. WELDON], the gentleman ington. there is no deficit, then the governor from Texas [Mr. EDWARDS], the gen- Mr. DICKS. Mr. Chairman, I want to does not have the line-item veto au- tleman from California [Mr. DORNAN], commend the gentleman from Missouri thority. He cannot use it to punish or the gentleman from Texas [Mr. for his amendment. I notice he has ad- get anybody’s attention. The only LAUGHLIN], and the gentleman from Ar- justed it up to $50 million, so anything thing he can use it for is to get the izona [Mr. STUMP] for asking to be co- under $50 million, where we would get budget back in balance. So if the legis- sponsors of this amendment. special projects, things of that nature, lature does not want to get punished, A special thanks to my friend and can be struck out by the President if does not want to get yanked by the colleague from Texas, that very bright, he thinks that it is not necessary, or ears, the legislature sends him a bal- able young Texas, CHET EDWARDS, for unnecessary. anced budget each year. We badly need his excellent work on this amendment. But if we had a major thing, for ex- that kind of will power here. This deals with national defense, I ample, let us say the Congress decided Mr. GENE GREEN of Texas. I agree speak for the young men and young that we needed to have another air- that would probably even be a com- women in uniform, so that what comes craft carrier which is, say, a $3.5 billion promise on this bill, because in Texas down from this legislature reflecting matter, you have worked it out so you we do not have that. When the Gov- our constitutional duty may not be un- could put the money in the budget to ernor vetoes the line items, whatever done by someone who might in years or do that. The President would not be they do, that money, even if it is below decades ahead sit in the White House then in a position to veto that because the projected revenue, that money just and be against the military. it is Congress, the gentleman is abso- stays in the treasury. Along that line, however, let me di- lutely right, under the Constitution Mr. TAUZIN. Again reclaiming my gress for a moment and compliment that has the ultimate responsibility. time, my understanding is the bill we the President for an announcement he The CHAIRMAN pro tempore (Mr. have before us gives the President the made just a few moments ago. He told RIGGS). The time of the gentleman

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1132 CONGRESSIONAL RECORD — HOUSE February 2, 1995 from Missouri [Mr. SKELTON] has ex- Mr. DELLUMS. As I was saying, this mestic tranquility, but providing for pired. gentleman would be constrained to op- the common defense is something our (At the request of Mr. DICKS and by pose the amendment, Mr. Chairman, Governors do not have to worry about. unanimous consent, Mr. SKELTON was because if we are going to have this Let me give some of my own personal allowed to proceed for 2 additional thing, I oppose it, but if we are going history on this and why I was the last minutes.) to have it, then give the President the Republican to sign the Contract With Mr. DICKS. Mr. Chairman, will the total prerogative. By establishing this America. I was hung up over line-item gentleman yield? limitation, why not do it in other veto. I have been against it for most of Mr. SKELTON. I yield to the gen- areas? my 16 years and one month here. tleman from Washington. Mr. SKELTON. If I may reclaim my Mickey Edwards of Oklahoma and I Mr. DICKS. Mr. Chairman, it is the time, which is limited, there is nothing had a long colloquy on the floor that a Congress that ultimately has the re- more important than national defense. President in the White House, whether sponsibility for the common defense. That is the purpose of a Federal Gov- a flaky Republican or a flaky Demo- So I think the gentleman has a good ernment. That is why we are all here. crat, who knows nothing about pro- amendment. The buck should stop here Everything else is in addition thereto. viding for the common defense could on this issue. It will get rid of any kind Further, if carries out the spirit of strike out, yes, the whole B–1, the of special interest problems but protect the Constitution, the buck stops with DDG–51 Arleigh Burke destroyers, the Congress’ prerogatives to maintain the us here in Congress article I, section 8. V–22, the B–2, or the F–22 fighter. He or common defense, and I want to com- Further, the President still has the she could kill every modernization pro- mend the gentleman who has been one right to veto an entire bill. He can still gram, I said I cannot be for that. I am of the most thoughtful experts on de- do that and come back and cause us to for it for every Governor in the Union. fense policy in the House. pass the entire bill. And I slowly evolved to accepting what Mr. SKELTON. I thank the gen- We are losing nothing by passing on principle, like the gentleman from tleman very much. this. We are keeping the prerogatives California [Mr. DELLUMS], I was Mr. DELLUMS. Mr. Chairman, will of the U.S. Congress. against, because we are facing finan- the gentleman yield? I think it should be passed. I would cial catastrophe and bankruptcy by the Mr. SKELTON. I yield to my friend hope it would be passed unanimously. turn of the century. and colleague, the gentleman from But I appreciate the gentleman’s com- But then this idea comes forward California. ments. from my distinguished colleagues from Mr. DELLUMS. Mr. Chairman, by the Mr. DELLUMS. I thank the gen- Texas and from Missouri, and I said, gentleman’s amendment he would ex- tleman. Would the gentleman yield yes, this is the answer, a slightly empt all items above $50 million in the briefly to me? amended line-item veto that protects defense category of the overall budget, Mr. SKELTON. I yield to the gen- the Preamble to the Constitution, to is that correct? tleman from California. provide for the common defense. Mr. SKELTON. Absolutely, abso- Mr. DELLUMS. I am simply saying I Look, Mr. Chairman, I get the honor lutely. oppose the overall bill for the very con- today of announcing something excit- Mr. DELLUMS. I am one that op- stitutional principles the gentleman ing. CVN–76 will be named the U.S.S. poses the line-item veto, but it is clear articulates, and if we are going to do Ronald Reagan. And I am expecting a to me that the line-item veto is going it, give the President the full preroga- call from the Secretary of the Navy. to pass, and seems to me if it is going tives. If you are going to dive off the Some Democrats, every California Re- to pass this is a question I would like bridge, give the President the full ca- publican, 104 of us sent a letter 2 weeks to ask, then: By this amendment if the pacity to flap his wings. ago to Navy Secretary Dalton, and he President of the United States sought I thank the gentleman. has accepted today the name Ronald to knock out what he perceived or in Mr. DORNAN. Mr. Chairman, I move Reagan, Sec. Dalton is striking the some event she perceived as cold war to strike the requisite number of name U.S.S. United States for CVN–75, relics, like the B–2 bomber, would the words. which will be christened in September President not have the ability to strike Mr. Chairman, I rise in strong sup- of next year, 1996, to name it the U.S.S. antiquated weapons systems that export of IKE SKELTON’s amendment and I Harry S Truman. And I rather like that. ceeded the $50 million? agree with him that the distinguished My dad was Harry Dornan, Battery D Mr. SKELTON. If the gentleman gentleman from Texas, Mr. CHET ED- Commander, Captain, World War I. would listen to my response, the Presi- WARDS, played a key, instrumental role How can that be when Harry Truman dent would not be able to strike, under in this amendment. I went with these was Battery D Commander, World War this legislation, anything in excess of two gentleman to the Normandy 50- I? Simply two different divisions. $50 million, which would of course in- year commemoration, and many times U.S.S. Harry Truman next year, and in clude the category of which the gen- during those days, from the Cambridge 2000 A.D. Ronald Reagan. I have just tleman speaks, the very important B–2 Cemetery for all our K.I.A. air crews had the pleasure of telling the Reagan stealth bomber. from the terrible air war over Hitler’s Library that news. Mr. DELLUMS. If the gentleman Nazi Germany, to Omaha Beach, to These are important things that we would further yield, then based upon Utah Beach, many times we discussed fund in defense. To have the world’s that explanation, this gentleman would among ourselves, Democrats and Re- largest moving objects, the Nimitz be constrained to oppose the amend- publicans, exactly what the gentleman class carriers, named after Presidents ment because it would seem to me if we from Missouri [Mr. SKELTON] just said, is fitting and proper. are going to do this thing, then the that the principle purpose of our Gov- President of the United States ought to ernment, beyond anything else, is to b 1830 have all items before him or her, and it defend our homeland. We have a George Washington. We would seem to me in that context if we To be precise, let’s analyze that have an Abraham Lincoln. I just went are going to make any exclusion in the beautiful Preamble to our Constitu- out and shot five landings and five military budget, that is counter- tion, which I carry with me, that Pre- catapults off the U.S.S. Eisenhower, the productive if it does not allow the amble says: We the people of the first man-of-war with women on board, President to strike a weapons system. United States, in order to, 1, form a we have the U.S.S. Teddy Roosevelt, one The CHAIRMAN. The time of the more perfect union; 2, establish justice; of my favorites. This naming of ships is gentleman from Missouri [Mr. SKEL- 3, ensure domestic tranquility, do we important. TON] has again expired. ever fail on that one; and 4, provide for I do not want a Republican or Demo- (By unanimous consent, Mr. SKELTON the common defense, defense is a pri- crat to take a pen and say no CVN–76, was allowed to proceed for 2 additional ority after ‘‘forming a more perfect U.S.S. Ronald Reagan, no CVN–75, minutes.) union,’’ which is ongoing and never Harry Truman, scrap it, do something Mr. SKELTON. Mr. Chairman, I yield ending. It does come after justice. We else with the money which is what to the gentleman from California. need justice in our land, we need do- they did with the Northrop Flying

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1133 Wing, the B–49, just line-itemed it out, million. If we are going to start ex- Mr. CLINGER. Mr. Chairman, I move and Congress did not fight back. empting out defense, and I agree that to strike the requisite number of Defense is our responsibility. We we need to have those programs from words. I do so to oppose this amend- have to protect defense. This is a dan- this, then we need to also exempt out ment. gerous world with a million poisonous education funding, senior citizens’ food I reluctantly oppose the amendment. snakes out there, although we are programs, elementary school programs. I know there are many Members on happy to look at a dead evil empire So- I just think this is the wrong method, this side of the aisle and certain Mem- viet dragon. I say we protect defense, because if a President does wrong, we bers on the other side of the aisle who and for that, I am for the line-item can change it by this bill, and we feel this is an area that should be ex- veto with this amendment for all of our should not start picking out certain empt, sacrosanct, should be protected future Republican, Democrat, or Prohi- issues or we will come with amend- from what we are providing for the bition Party Presidents. ments up here today and do the same President with the line-item veto. But Mr. GENE GREEN of Texas. I move thing we did on the unfunded mandates I submit, Mr. Chairman, this amend- to strike the requisite number of and say let us exempt certain pro- ment really flies in the face of the pur- words. Mr. Chairman, I rise to oppose grams. pose of what we are trying to accom- the amendment simply because, and I This amendment was not considered plish in H.R. 2, and would, in fact, re- support the bill, by this amendment we in committee, never even discussed, strict the President’s rescission au- are setting apart defense spending, and and we had a full day of not only mark- thority even more greatly than does I understand my colleague from Cali- up but also a full day of hearings, and current law. It would go beyond what fornia and my colleague from Texas this never came up. we can do under existing law, and I and from Missouri, their concern about So I urge a ‘‘no’’ vote. think the amendment should be de- defense spending. Mr. KLECZKA. Mr. Chairman, will We have a mechanism in this bill to the gentleman yield? feated. protect from an irrational response or Mr. GENE GREEN of Texas. I yield I think the gentleman’s amendment an action by whatever President, and, I to the gentleman from Wisconsin. would single out for special treatment say to the gentleman from California Mr. KLECZKA. Let me echo the sen- defense appropriations of more than $50 timents of my colleague who has just [Mr. DORNAN], I hoped we would also million, and I would say to the gen- spoken. see a carrier named the Lyndon B. tleman and to the Members there are If we are going to start the exclusion many programs, nondefense-related Johnson since I am from Texas too, game, we are going to be on this bill programs, that rise to the level of pork someday, I support that also. longer than the unfunded mandates But to set aside this measure and not game. I say to you right now, and I told or could rise to the level of pork which let it go through the procedure that you earlier in the debate, I support would be exempted from even being this bill creates for it to come back to H.R. 2 as drafted. considered for a line-item rescission Congress for us to vote, and I think we We did amend the bill with the Thur- under this bill. would not have any trouble getting a man amendment, which I thought was For example, we have active forces majority vote in the House or a two- a step in the right direction. If you transition enhancement, disaster re- thirds vote, depending on what amend- adopt this amendment and take one lief, $70 million, disaster relief efforts ments we actually adopt to reauthorize major portion of the budget, 20-some $50 million, Philadelphia Naval Ship- that, and say, ‘‘Mr. President, no mat- percent of the budget, off the table for yard economic conversion, one that ter who you are, we want this pro- the most part, do not let the President would be very dear to my heart, but gram.’’ By this amendment, we are get near that and not do the same for some might consider that pork, $50 saying, ‘‘Mr. President, you cannot cut education, health care for young and million. There are a lot of programs the large programs. We have a deficit old alike, medical research, I think here that would be put off the reserva- problem. You cannot cut $50 million or what we are doing here, Mr. Chairman, tion, not permitted to be touched or above. We can let you pick around the we are purporting a sham on the Amer- even considered for exemption or for edges, but we have a $4 trillion deficit, ican people. line-item veto. and we are not going to talk about And I would like to tell my col- major programs. leagues there will be a rollcall on this, The other point is we have already in I think it would be irrational for us so if any of you are going to shout loud this debate over the last day or two ex- to do that, even for national defense. and run to the Cloakroom, ‘‘It ain’t empted or considered whether to ex- Let me talk about what we are say- going to happen.’’ pand the judiciary, and there were very ing to the American people by doing But note, if you will, the precedent strong and powerful arguments made this. The national defense is our No. 1 we are setting with this amendment, if why the judiciary should be protected, reason for a government. But we are adopted, is terrible, terrible, and if you the separation of powers and so forth. also here to provide for that domestic are serious about passing this line, We rejected that argument and said tranquility, and obviously we are not item veto legislation, do not start by that nobody, no program rose to the doing it. But if we set aside and cut nu- putting nonsense like this into the level where it should be exempted from trition programs that are over $50 mil- product. consideration. I plead with my colleagues not to do lion for children, for school lunches, we What it really says is that we are cut nutrition programs for senior citi- so. Ms. FURSE. Mr. Chairman, will the willing to trust the President to use zens, then we are not providing for that gentleman yield? his good judgment as the President domestic tranquility any more than we Mr. GENE GREEN of Texas. I yield elected by all the people to make de- are providing for the national defense. to the gentlewoman from Oregon. terminations with regard to every Let me remind this House that the Ms. FURSE. Mr. Chairman, I want to other program that we deal with except reason we have nutrition programs for say that this amendment truly sends defense. our schools is because of national de- the wrong message to the American I recognize that defense is certainly fense. Harry Truman in 1946 said that public. It says there are certain things our service personnel were not up to the No. 1 consideration, the No. 1 pri- that are sacred cows, and we cannot ority, that we need to deal with here, standard, and we needed to provide preserve sacred cows and be serious that as a national defense issue. but to say that it is of such importance about line item veto. that we cannot even consider elimi- I think this amendment is wrong. We If any program is exempt, then all are setting it separate. It is so impor- nating pork from that program, I programs are exempt, and we are not think, is the wrong thing. tant we do not send that message to putting forward true line-item veto our people. legislation. We do trust the President to do this. Senior citizen programs are just as So I would oppose this amendment. I think we have to trust him in this important, chapter 1 funding for Fed- Mr. GENE GREEN of Texas. Mr. one as well, and I would also point out eral funding for education is just as im- Chairman, I urge a ‘‘no’’ vote on the there are very few major defense pro- portant, and it is much more than $50 amendment. grams that are less than $50 million, so

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1134 CONGRESSIONAL RECORD — HOUSE February 2, 1995 it seems to me there would be almost You cam recall in that bill the spon- The CHAIRMAN. The point of order no opportunity to really affect waste- sors exempted from the definition of is reserved. ful, outmoded, outdated, as the former unfunded mandates laws dealing with Mr. GENE GREEN of Texas. Mr. chairman said, outmoded weapons sys- national security. So we had amend- Chairman, this amendment came up tems, we would not be able to touch. ments to exempt other laws, like laws very quickly. Again, our committee did It assumes there is no pork in DOD. protecting the environment, laws pro- not even have the opportunity to dis- I think that is clearly wrong. There is tecting children, and laws protecting cuss it or consider it in the public hear- pork in every program we deal with. So workers. In each case the proponents of ing or even in the markup. And my I must strongly resist and oppose the the bill said ‘‘No.’’ They said it would concern is if we are talking on an im- gentlemen’s amendment. open the floodgates to more exemp- portant national issue, and national Mr. TAUZIN. Mr. Chairman, will the tions. defense is important, and setting up gentleman yield? Here we are again. This amendment that anything over $50 million the Mr. CLINGER. I yield to the gen- exempts defense spending from rescis- President cannot line-item veto and tleman from Louisiana. sions. The President could not under send back to us for consideration, why Mr. TAUZIN. As the gentleman the amendment cut defense spending, should we not also, if we are going to knows, we plan later on to offer an like a missile system. At the same set up a separate classification for im- time there are no other exemptions. amendment that I think cures this portant programs that our Government There are no exceptions for spending problem, and that is if the legislature, is responsible for, why should not we for nutrition programs, programs for this Congress, stays within the also include Medicare for our seniors? glideslope projections that take us to a the homeless, programs for the elderly, Again, it is not necessarily the na- balance budget, we are not going to children’s programs, programs for the tional defense is in the Constitution, have this problem at all. It is only aged, programs for the disabled, and but I make a case I think for domestic when we spend in excess that then the education programs. It is the same set tranquillity and health care for seniors President would have to exercise the of priorities we saw the last time. even though it was only since the 1965 line-item veto to keep us on line, in Mr. Chairman, as Yogi Berra said, ‘‘it under President Johnson that this Con- which case every program ought to be is deja vu all over again.’’ gress passed it. I think we ought to be examined to see if there is pork in it, I urge we vote no on this amendment. able to set that up and send the same every single one. It is not a good amendment. Mr. BLUTE. Mr. Chairman, I move to message that we do not want a future I think the gentleman is correct in strike the requisite number of words. President of the United States to make that view. I would urge that that view Mr. Chairman, I have a great deal of the determination that our budget is so prevail on this floor. respect for the authors of this amend- high that we are going to cut Medicare b 1840 ment. I think there are Members who because it is obviously over $50 million Mr. FATTAH. Mr. Chairman, I move are primarily responsible about keep- a year. to strike the requisite number of ing our national defense capability at a I think we need to set up—if we are words. very, vry high level, which we all think going to set up a sacred cow, and there Mr. Chairman, I do so to make a cou- is very important. are some that I have, and one is Medi- ple of points. One is that it is less then I reluctantly rise to oppose this care, I think a lot of Members of Con- clear, I think, to the American public amendment, though, because earlier gress would recognize that. Even the when we say the budget becoming in today we debated the issue of exempt- majority said they would not touch So- balance as to what we mean in respect ing the judiciary from this bill and I cial Security. think we rightfully did not exempt the to the national debt that has accumu- I would put an extension on that to lated. We keep referring to a balanced judiciary. I believe we should not exempt the say that we are not going to touch budget as if just the removal of the def- Medicare. I would hope the Members of icit would in fact bring the budget into Pentagon. Military spending should not be sacrosanct in terms of budget Congress would consider this, say that balance. But the real purpose of my re- if we are making national defense im- marks at this moment is to speak to scrutiny, scrutiny with regard to pork- barrel spending. The President has a portant, over $50 million, let us look at the amendment before us. it and let us look at Medicare. This amendment, seemingly, would responsibility to look at all spending, even as it relates to our national de- I would encourage Members to sup- restrict any line-item veto limited to port this amendment. items of $25 million, to no more than fense, and to decide whether it is nec- $25 million. It would seem to me that essary. If indeed the President un- POINT OF ORDER with some creative budgeting you wisely vetoes a national defense ex- The CHAIRMAN. Does the gentleman penditure, the Congress can override could make a number of budgets, pro- from Florida [Mr. GOSS] insist on his grams not presently in the defense that if he makes a serious mistake in point of order? budget part of the defense budget, and judgment. So I strongly oppose this amend- Mr. GOSS. This gentleman from therefore protect them from the line- ment. I think as the gentlewoman from Florida does insist on his point of item veto. If the majority is trying to Illinois said, if we start exempting all order, Mr. Chairman. legitimately pass a line-item veto, these areas we are going to run into The CHAIRMAN. The gentleman will they would not want to create this real problems. state his objection. kind of creativity in the budget proc- Let us give the President a strong Mr. GOSS. Mr. Chairman, I make a ess. line-item veto authority and let us get Even though I do not degree with the point of order against the amendment this budget deficit under control once and ask to be heard on my point of notion of line-item veto, I have talked and for all. about my experience with it in Penn- order. AMENDMENT OFFERED BY MR. GENE GREEN OF sylvania where it has been abused. But Mr. Chairman, the amendment vio- TEXAS TO THE AMENDMENT OFFERED BY MR. lates clause 7 of rule XVI, the germane- if the purpose is a pure one and a sin- SKELTON ness rule, and introduces a new subject. cere one, it would seem to me this Mr. GENE GREEN of Texas. Mr. It really does. We are getting out of amendment would be rejected. Chairman, I offer an amendment to the discretionary budget authority into en- Mrs. COLLINS of Illinois. Mr. Chair- amendment. titlements, mandatory spending, obvi- man, I move to strike the requisite Amendment offered by Mr. GENE GREEN of number of words. Texas to the amendment offered by Mr. ously. This is wildly beyond the terri- Mr. Chairman, I rise in opposition to SKELTON of Missouri: Before the period at tory, as I believe the gentleman knows. this amendment. And as I do so I am the end of the proposed amendment insert I want to assure everybody that that thinking ‘‘Here we go again.’’ We ap- the following: ‘‘and Medicare’’. was not the intent. We are talking pear to be right back on our debate, Mr. GOSS. Mr. Chairman, I reserve a about discretionary budget authority. I about which we were speaking earlier point of order on the amendment to the want to put the gentleman’s mind at this week, on unfunded mandates. amendment. ease that there is no attack on Social

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1135 Security or anything else going on I say to my colleagues, if that’s what Mr. Chairman, I listened with great here. This is just, unfortunately, out of you want, then oppose the Skelton intensity to this. This is a very impor- bounds. amendment. tant subject, and I believe the people The CHAIRMAN. Does the gentleman To my colleagues, both Republican who have made this amendment have from Texas, Mr. GENE GREEN, wish to and Democratic who are very strong in done it out of the spirit of a very speak on the point of order? favor of national defense, I say, if you strong conviction about the need for Mr. GENE GREEN of Texas. Mr. vote no on this amendment, you are national defense, and we do not do any- Chairman, if I may be recognized, I voting to make it easier to gut our na- thing here that could possibly interfere would like to speak. tional defense period. If that happens, with the best possible national security The CHAIRMAN. The gentleman make no mistake about it. You will we can provide for every American. from Texas may proceed. have done more to hurt our defense Mr. GENE GREEN of Texas. Mr. I think, however, that their effort programs than any liberal Democrat has been a little misguided perhaps be- Chairman, obviously, I disagree with who believes our defense budget genu- the germaneness because it is talking cause they are not familiar with what inely should be cut in half. The choice else is in this legislation, and I reluc- about the line-item veto and setting up is clear. If you believe national defense a different program. Now, if we want to tantly, as the gentleman from Pennsyl- is the most important responsibility of vania [Mr. CLINGER] did, have to come set up a different sacred cow, so to the Federal Government, then you speak, or protect a different program to the conclusion that this is not a should vote aye on this amendment. If good amendment and that there are than we are going to protect from the you believe national defense is more line-item veto, I think it is germane to perhaps other ways to achieve what is important than the whims or the polit- being argued for, which I certainly sup- the bill. There may be a question about ical agenda of any one President of ei- the amendment, but then we could run port, which is the best possible na- ther party, then you should support tional defense, the most efficient cost. with a separate amendment. But to this amendment. If you vote no on this save the time of Congress you may amendment, do not try to defend your In fact, Mr. Chairman, I am afraid want to consider it just as an amend- vote by saying you wanted a pure bill this amendment, as it is reported, as I ment to the amendment. with no exemptions. understand it, may actually tend to The CHAIRMAN pro tempore (Mr. Mr. Chairman, defense deserves to be undermine the intent of this bill be- EMERSON). The Chair is prepared to treated differently. If deserves to be ex- cause it opens the door. We have not rule. empted because the lives of our young opened any other door, and we heard The amendment is not germane to service men and women and the na- the gentleman from Wisconsin has spo- the Skelton amendment, which relates tional security of our Nation and our ken very eloquently about what will to national defense budget authority. future are far more important than happen if we open the door: ‘‘If you The point of order is sustained. open one, they are all going to open.’’ Mr. EDWARDS. Mr. Chairman, I some blind commitment to vote Then there is talk a little bit further move to strike the requisite number of against all amendments. I say, the choice is clear, my col- about what is going to happen if we do words. Mr. Chairman, I am a prodefense leagues. If you want to protect a strong not do this amendment. There is no Democrat. I believe that guaranteeing national defense, the only vote on this other way to solve these problems to a strong national defense is the first amendment is a yes vote. protect the defense. responsibility of the Federal Govern- Mr. PETERSON of Florida. Mr. Well, we have just agreed to the ment. It has been so for 200 years of our Chairman, will the gentleman yield? amendment offered by the gentle- Mr. EDWARDS. I yield to the gen- Nation’s history. Whether you are a woman from Florida [Mrs. THURMAN] tleman from Florida. Republican or a Democrat, if you be- which I think will help. We have cre- Mr. PETERSON of Florida. Mr. lieve truly in a strong national defense, ated an expedited process in committee Chairman, I want to compliment the you should vote ‘‘yes’’ on Skelton to make sure that we can deal with gentleman and the gentleman from amendment. these things quickly. We have guaran- Let me be very clear: A vote against Missouri [Mr. SKELTON] for their com- teed every Member a vote. We have this amendment is a vote against pro- ments on this issue. gone the extra length to make sure I think the bewitching hour has ar- tecting our Nation’s defense. every Member can get out and get on To my Democratic colleagues and to rived. We have had numerous speeches this concern, whatever it may be, and the gentleman from Missouri [Mr. on this floor over my tenure of 4 years there will be only defense, and deal of everyone saying, ‘‘I’m for national SKELTON] for his leadership, to my Re- with it, and I would even suggest to the publican colleagues, the gentleman defense, I’m for national defense, and I gentleman from Missouri [Mr. SKEL- stand squarely behind the military of from California [Mr. DORNAN], the gen- TON], for whom I have the deepest re- our country.’’ tleman from Arizona [Mr. STUMP], the spect, there may even be better ways gentleman from Pennsylvania [Mr. This is an opportunity to put really outside the scope of H.R. 2 today that the mark on the way and say, ‘‘I truly WELDON], who have cosponsored this in we are talking about, and I would be a bipartisan fashion, I say thank you. believe it,’’ by this vote. Absolutely a happy to share those with him because To my Republican colleagues who no vote on this particular amendment in committee we did talk about some might be thinking about voting against will state it is not OK to protect na- of those things, and I think there are a this amendment, let me have you ask tional defense of this country, and I ap- number of other options, and I think yourself a question. plaud the works of the gentleman from we only make exceptions of the mag- Missouri [Mr. SKELTON] and others who b 1850 nitude that we would have to make if have cosponsored this amendment. I we favored this that would open those Do you want a President, perhaps the strongly stand in favor of this amend- doors that the gentleman from Wis- President that you will least like to ment to make sure that our national consin has referred to if there are no see in the Oval Office, and only one- defense remains strong under all cir- other choices, and it is clear there are third of this House, or only one-third of cumstances. other choices. our Senate, to be able to veto ballistic Mr. EDWARDS. Reclaiming my time, missile defense, or the B–2, or the V–22, Mr. Chairman, I want to thank the I am very concerned about the trig- or the F–22, or perhaps a military oper- gentleman from Florida [Mr. PETER- ger that has been set. It is arbitrary. If ation in your district? Do you want SON]. I can think of no Member of this this is law, it becomes law for a long that to happen? House who can speak more sincerely time. Is that the right number for a Do you want this President that you and more genuinely and who has given long period of time? Will it be changed? would like not to see sitting in the more to this country in its national de- Will it be changed and abused after a Oval Office and one-third of this House fense than the gentleman from Florida period of time? Those kinds of ques- to be able to cut the size of the Army [Mr. PETERSON]. tions have be asked. by two divisions, and you would be Mr. GOSS. Mr. Chairman, I move to But perhaps the most serious con- helpless to stop it? strike the requisite number of words. cerns I have are what we would put

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1136 CONGRESSIONAL RECORD — HOUSE February 2, 1995 under the, quote, defense umbrella, un- power that we are about to do if we anced budget amendment, on unfunded quote, if we made this exception. adopt H.R. 2, power as defined by the mandates, on this bill, the line-item Now, when I look at the appendix of Constitution, by the original writers. veto, and be pure about the philosophy some of the nondefense-related pro- That is why we have come to a conclu- that we are trying to accomplish here grams funded by defense in 1993, I get sion that we need a modified version of with the Contract With America and into things like disaster relief, disaster the line-item, a modified version even exempt one program. relief, legacy resource management, of the modification called H.R. 2. If we are going to exempt defense, World Cup USA, environmental impact b 1900 then it is hypocritical not to exempt on Indian lands, World University I can no longer explain to my con- child issues. It is hypocritical not to Games, breast cancer research, AIDS exempt education or any other very fa- research, prostate research, a whole stituents why we do not give the Presi- dent the right to go into appropriation vorite and solemn program that we are bunch of things that are critically im- all for. portant programs. I would not doubt bills, into tax bills, into any kind of a that for 1 minute, but wonder if they bill on this floor, and extract certain It disturbs me, first off, in this are really central and paramount to things that are embarrassing to the en- amendment that you have a threshold the major defense mission of national tire House. I could not do that. So we of $50 million. It very well concerns me came up with the modified version in security, and what I am concerned that what in practice, in trying to which we are perfectly willing, and I about is, if we tried to create an ex- avoid the President line iteming some say this in all sincerity, any President emption like this, that suddenly every- of the very favorite programs that do of the United States today or in the fu- thing will be defense related, there not cost $50 million, defense becomes ture can go into any bill, any bill, and really will not be very much else to the welfare pot to throw all kinds of line-item CHARLIE STENHOLM’s, i.e., talk about, and that concerns me very, programs into. 17th District of Texas, favorite pro- very much, and I realize that some of Let me just show you some non-de- gram. Something of benefit specifically those programs, in an abundance of fense-related programs that I have. I to my constituency. I want them to caution and fairness I will say, would have two pages that are already put have that power. All I ask is that I not reach the trigger today, but that into the pot. Most of these are under have an opportunity to stand on this $50 million. does not mean they would not reach floor and to argue with you, my col- the trigger tomorrow, as we get more leagues. And if I can find 50-percent- The National Guard civilian youth and more into these things, and I say plus-one to agree with me, it stays in. program; the National Guard Outreach AIDS research might be an area where If the President wins, it goes out. Los Angeles program; the Presidio of we might have that number go up dra- That is the significant part of the de- San Francisco is in this; disaster relief matically. bate that we will spend today, tomor- is in this; the World University Games But the other point that is perhaps row, and Monday on. We will get fur- could be put in this. It was put in the more serious: It seems to me that the ther into this debate when we talk to defense bill before. Summer Olympics gentleman or the gentlelady in the him about the specifics of the sub- in the defense bill. AIDS research in White House is our President, and I stitute that we offer. the defense bill. wonder why we would exempt the Com- I just have a difficult time believing Now, most men in this House think it mander in Chief from jurisdiction over that there is a majority of my col- is very important, but in the defense a defense program. That is a puzzle. leagues that want to grant one-third- bill there is prostate disease research. I Mr. STENHOLM. Mr. Chairman, I plus-one minority override, particu- do not know if that is really important move to strike the requisite number of larly now that we are talking about de- to the defense, the common defense, of words. fense. But whatever the area is, that is this country. Mr. Chairman, I, too, am a pro-de- the fundamental question. And to all I could go on and on. Historically fense Member of the House of Rep- who we have managed to muddle this black colleges and universities, that resentatives. I would point out to my so much, I want to repeat, I am per- may entice some that are against this colleagues that with the Thurman fectly willing, and want to have the amendment any 50 of us that took um- President to be granted new powers to amendment to be for it, but it does not brage with any decision that has been go in and extract those things in budg- belong in the defense bill. United made now in either bill, either the H.R. ets that should not be there. Period. States-Japan management training, 2 or the substitute that we will offer The fundamental question you have to and many other programs that could tomorrow, any 50 standing up may get ask is: Do you want it to be a minority go into the defense bill and seriously a separate vote. Therefore, we have override? Do you want one-third of the harm spending for defense. covered a good part of the problem that Senate to agree with the President and Let me tell you, the present Presi- has been a concern by my colleagues it be done, one-third of the House to dent, my President, decides to start who I formerly agreed with in total. agree with the House? Or do we want to line-item vetoing things in the defense I choose to take a few minutes stay with majority rule? bill that are important to pro-defense though to speak on behalf of why I op- If you needed a good argument for people, I guarantee you we have the pose H.R. 2, and my colleagues have the position of the substitute of the votes in this House right now to stop just heard the best example of why all Wise-Spratt-Stenholm amendment, that President from doing so. I am not of us in this body should be a little bit you have just heard it tonight. And to afraid to take on the President if he concerned before we grant to any my colleagues who believe that you wants to take on the strategic defense President one-third-plus-one minority want it to be that other way, I hope initiative and other issues like that. override on decisions of extreme impor- you will think twice overnight and re- We can take him on, we have the votes, tance to individual Members, whether consider your position. I believe the and we will defeat him. it be on defense or any other area of substitute is the better way for us to I think you have to keep this line- our budget. go. item veto, and I agree with the gen- I have opposed the real line-item Mr. DELAY. Mr. Chairman, I move to tleman from Texas, I would much pre- veto ever since I first heard of it. We strike the requisite number of words. fer to have a constitutional amend- are not discussing the real line-item Mr. Chairman, I reluctantly rise to ment, but this is all we have. And it is veto because, if we were doing the real oppose this amendment. At the begin- a good, very well-structured, worked- line-item veto, we would have an ning, I thought this might be a pretty out bill, that we do not need to be ex- amendment to the Constitution of the good amendment and it was really im- empting any one program from an- United States for purposes of two- portant to make sure that under the other. thirds vote in the House, two-thirds Constitution we maintain a common vote in the Senate, sending it to the defense. But let me make two very real Mr. SKELTON. Mr. Chairman, will American people to see whether or not points. the gentleman yield? three-fourths of the States want to see To those that are purists, like I am, Mr. DELAY. I yield to the gentleman us grant this tremendous change in you cannot come out here on the bal- from Missouri.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1137 Mr. SKELTON. Mr. Chairman, I want used. We are dealing with the an add-on on the defense bill more than to thank the gentleman from Texas. Pohakaka training site. All the train- 200 million. I cannot think of a thing. The gentleman makes my case. Every ing for the Pacific Rim takes place I went through this listing, and I can- item that the gentleman mentioned is there. The reason for the appropriation not find one. under $50 million. Every item that the is to see to it that our forces are ready So I think it is important that we do gentleman mentioned could be vetoed for any contingency that occurs out in fact work to reduce that $4.7 billion under this amendment by the Presi- there. It is not pork barrel. Just be- unauthorized appropriation level. I dent of the United States. I thank the cause it exists in Hawaii does not mean have said that in committee. I have gentleman for making the case and in it is not vital to the national interests. said it in subcommittee, and I say it on essence speaking for my amendment. AMENDMENT OFFERED BY MR. WELDON OF PENN- the House floor. Mr. DELAY. Mr. Chairman, reclaim- SYLVANIA TO THE AMENDMENT OFFERED BY But I also think it is important that ing my time, I disagree with the gen- MR. SKELTON we understand these bigger items, tleman. He is right there could be line- Mr. WELDON of Pennsylvania. Mr. which are important for our security, item veto, but there are other items in Chairman, I offer an amendment to the which are debated in our authorization here over $50 million that could not be amendment, which I have discussed and Committee on Appropriations, also vetoed. Disaster relief, legacy resource with the initial offerer of the amend- should not be subjected to that kind of management, Hawaiian volcano ob- ment, and I assume he is willing to ac- action without full and deliberate de- servatory, over $50 million, Semetech cept. bate. That is why the threshold is research. University research grants. The CHAIRMAN. The Clerk will re- needed. I would hope that my good friend and Some of them may be pro-defense, but port the amendment. colleague would in fact accept this we all know many of them probably are The Clerk read as follows: not. And there are many others. amendment to his amendment. I would Amendment offered by Mr. WELDON of hope that our colleagues would vote The point that I am trying to make Pennsylvania to the Amendment offered by ‘‘yes’’ on the amendment. is that it leaves a loophole for those Mr. SKELTON: Strike out ‘‘$50,000,000’’ and in- Mr. SKELTON. Mr. Chairman, will that may want to have a favorite social sert ‘‘$200,000’’. the gentleman yield? program stuck into the defense budget, b 1910 Mr. WELDON of Pennsylvania. I something that many of us oppose. Mr. WELDON of Pennsylvania. Mr. yield to the gentleman from Missouri. Mr. GENE GREEN of Texas. Mr. Mr. SKELTON. Mr. Chairman, I Chairman, will the gentleman yield? Chairman, I rise to offer this amendment, which I have discussed with my thank my friend from Pennsylvania. Mr. DELAY. I yield to the gentleman His proposed amendment to my amend- from Texas. friends on the other side, the gentleman from Missouri [Mr. SKELTON] ment corrects the debate that we have Mr. GENE GREEN of Texas. Mr. just heard. I gladly accept it, and the and the gentleman from Texas [Mr. ED- Chairman, the gentleman and I have gentleman from Texas [Mr. EDWARDS] WARDS]. served many years together in the tells me he also accepts it. We appre- state house, and I am glad to see we Let me say at the outset, Mr. Chair- man, we are all in agreement here. The ciate the gentleman’s hard work and agree today on this issue. the sincerity and the research that he The CHAIRMAN. The time of the defense budget of this country has already become the cash cow. In last has done and just offered us on the gentleman from Texas [Mr. DELAY] has floor. And we thank him. year’s defense bill, Mr. Chairman, the expired. Mr. WELDON of Pennsylvania. I total amount of unauthorized appro- (By unanimous consent, Mr. DELAY would hope that our colleagues would was allowed to proceed for 1 additional priations was $4.7 billion; $2 billion of support this, Mr. Chairman. I consider minute.) that $4.7 billion was in the sub- myself a fiscal conservative. I have as Mr. DELAY. Mr. Chairman, I yield to committee that I now chair, the Sub- many watchdogs in my office as any of the gentleman from Texas. committee on Research and Develop- my colleagues, but this is also an issue Mr. GENE GREEN of Texas. Mr. ment. involving our national security. Please Chairman, sometimes this aisle gets to I asked the staff to provide me a list- vote ‘‘yes’’ on the amendment. be a wall instead of a way we can cross. ing of those projects that were included Mr. FATTAH. Mr. Chairman, will the I am glad the gentleman spoke today as unauthorized appropriations, and I gentleman yield? and talked about this. We could set up have them here. There are more than Mr. WELDON of Pennsylvania. I other programs just like this if we two pages. There are a whole series of yield to the gentleman from Pennsyl- wanted to, but this bill needs to be as pages. And, in fact, Mr. Chairman, vania. pure as we can have it. I agree, though, most of the projects are under $50 mil- Mr. FATTAH. I know that the gen- that we might need to look at an lion, and almost all of the projects are tleman is sincere, but I wanted to ask amendment later to make it a majority under $200 million. one question. What would prevent a of the House instead of two-thirds, be- We are in agreement that those group of projects that some might call cause I do not know if you could get projects that are taking dollars away pork being put together to get over the two-thirds of the House to override a from the defense of this country should 200 million mark? There was some cre- Presidential line-item veto. We might be subject to a Presidential line-item ative budgeting done back home where look at a majority on a later amend- veto, which, if we feel strongly enough I come from, and I am just trying to ment. about, we can keep in the budget. understand how would the gentleman Mr. DELAY. Mr. Chairman, I am Many of these programs would not guard against that in this particular more than happy to work with the gen- withstand that test. But we also agree amendment. tleman on his suggestion, and we will that there needs to be some limit. Mr. WELDON of Pennsylvania. I look at it later. I was willing to work The defense appropriation bill is the thank my colleague for the question, on this amendment, but when I really largest appropriation bill that we act my good friend from Philadelphia. And looked at it, I thought in order to be on each year. We want to make sure what I would say, I am not a member honest and straightforward about this, that as we go through major weapons of the Committee on Appropriations, you cannot exempt any one particular systems that some President down the but typically these items are added on line item. road may not in fact wipe out an entire line by line. They are specific in na- Mr. ABERCROMBIE. Mr. Chairman, weapons system that in fact has been ture, and, in fact, we would have that will the gentleman yield? fully debated through the committee opportunity. In fact, I would be happy Mr. DELAY. I yield to the gentleman process. to show this list to any of my col- from Hawaii. What we are trying to get at are the leagues. Every one of the items in the Mr. ABERCROMBIE. Mr. Chairman, add-ons that Members get through the R&D account of $2 billion of unauthor- as much as Hawaii was mentioned, and back door. I would say to my col- ized appropriations are in fact individ- volcanoes, this is a good point. It leagues that I do not know of any ually listed. They, in fact, are not makes my case, I must say, I believe Member of this body, in the 9 years lumped together. I do not think that why the line-item veto should not be that I have been here, that has gotten would be a problem. If it is, we will

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1138 CONGRESSIONAL RECORD — HOUSE February 2, 1995 have to deal with that on a future leg- Hamilton McCrery Salmon PERSONAL EXPLANATION Hancock McDade Sanders islative issue or effort of this type. Hansen McDermott Sanford Ms. HARMAN. Mr. Speaker, during Rollcall The CHAIRMAN. The question is on Hastert McHale Sawyer Vote No. 87 on H.R. 2 I was unavoidably de- the amendment offered by the gen- Hastings (FL) McHugh Saxton tained. Had I been present I would have voted tleman from Pennsylvania [Mr. Hastings (WA) McInnis Schaefer ‘‘no.’’ Hayworth McIntosh Schiff WELDON] to the amendment offered by Hefner McKinney Schroeder AMENDMENT OFFERED BY MR. DEAL OF GEORGIA the gentleman from Missouri [Mr. Heineman Meehan Schumer Mr. DEAL of Georgia. Mr. Chairman, SKELTON]. Herger Meek Seastrand I offer an amendment. The amendment to the amendment Hilliard Menendez Sensenbrenner The CHAIRMAN. The Clerk will des- Hinchey Meyers Serrano was rejected. Hobson Mica Shadegg ignate the amendment. The CHAIRMAN. The question is on Hoekstra Miller (CA) Shaw The text of the amendment is as fol- the amendment offered by the gen- Hoke Miller (FL) Shays lows: Holden Mineta Shuster tleman from Missouri [Mr. SKELTON]. Horn Mink Skaggs Amendment offered by Mr. DEAL of Geor- The question was taken; and the Hostettler Molinari Skeen gia: At the end, add the following new sec- Chairman announced that the noes ap- Houghton Mollohan Smith (MI) tion: Hoyer Moorhead Smith (NJ) SEC. 7. JUDICIAL REVIEW. peared to have it. Hutchinson Moran Smith (WA) (a) EXPEDITED REVIEW.— RECORDED VOTE Hyde Morella Solomon Inglis Murtha (1) Any Member of Congress may bring an Mr. KLECZKA. Mr. Chairman, I de- Souder action, in the United States District Court Istook Myers Spratt mand a recorded vote. Jackson-Lee Myrick Stearns for the District of Columbia, for declaratory A recorded vote was ordered. Jacobs Nadler Stenholm judgment and injunctive relief on the ground Jefferson Neal Stockman that any provision of this Act violates the The vote was taken by electronic de- Johnson (CT) Nethercutt vice, and there were—ayes 52, noes 362, Stokes Constitution. Johnson (SD) Neumann Studds (2) A copy of any complaint in an action not voting 20, as follows: Johnson, Sam Ney Stupak Johnston Norwood brought under paragraph (1) shall be prompt- Talent [Roll No. 87] Kanjorski Nussle ly delivered to the Secretary of the Senate Tate Kaptur Oberstar and the Clerk of the House of Representa- AYES—52 Tauzin Kasich Obey tives, and each House of Congress shall have Bateman Frost Peterson (FL) Taylor (NC) Kelly Olver Bishop Hayes Thomas the right to intervene in such action. Pickett Kennedy (MA) Orton Brewster Hefley Thompson (3) Any action brought under paragraph (1) Scarborough Kennedy (RI) Owens Browder Hilleary Thornton shall be heard and determined by a three- Scott Kennelly Oxley Burton Hunter Thurman judge court in accordance with section 2284 Sisisky Kildee Packard Callahan Johnson, E. B. Tiahrt Skelton Kim Pallone of title 28, United States Code. Coleman Jones Torkildsen Slaughter King Parker Nothing in this section or in any other law Cramer Klink Torres Spence Kingston Paxon shall infringe upon the right of the House of Cubin Laughlin Stump Kleczka Payne (NJ) Torricelli Representatives to intervene in an action Danner Lewis (CA) Towns Tanner Klug Payne (VA) de la Garza Lewis (KY) Traficant brought under paragraph (1) without the ne- Taylor (MS) Knollenberg Pelosi Dicks McKeon cessity of adopting a resolution to authorize Kolbe Peterson (MN) Tucker Dornan McNulty Tejeda such intervention. LaFalce Petri Upton Edwards Metcalf Thornberry (b) APPEAL TO SUPREME COURT.—Notwith- LaHood Pombo Velazquez Emerson Mfume Ward Lantos Pomeroy Vento standing any other provision of law, any Everett Montgomery Weldon (PA) Largent Porter Visclosky order of the United States District Court for Fazio Ortiz Wilson Latham Portman Volkmer the District of Columbia which is issued pur- Fowler Pastor LaTourette Poshard Vucanovich suant to an action brought under paragraph Waldholtz NOES—362 Lazio Pryce (1) of subsection (a) shall be reviewable by Leach Quillen Walker Abercrombie Chabot Engel Walsh appeal directly to the Supreme Court of the Levin Quinn United States. Any such appeal shall be Ackerman Chambliss English Lewis (GA) Rahall Wamp Allard Chapman Ensign Lightfoot Ramstad Waters taken by a notice of appeal filed within 10 Andrews Chenoweth Eshoo Lincoln Reed Watt (NC) days after such order is entered; and the ju- Archer Christensen Evans Linder Regula Watts (OK) risdictional statement shall be filed within Armey Chrysler Ewing Lipinski Reynolds Weldon (FL) 30 days after such order is entered. No stay Bachus Clay Farr Livingston Richardson Weller of an order issued pursuant to an action Baker (CA) Clayton Fattah LoBiondo Riggs White brought under paragraph (1) of subsection (a) Baker (LA) Clement Fawell Whitfield Lofgren Rivers shall be issued by a single Justice of the Su- Baldacci Clinger Fields (LA) Longley Roberts Wicker Ballenger Clyburn Fields (TX) Lowey Roemer Williams preme Court. Barr Coble Filner Lucas Rogers Wise (c) EXPEDITED CONSIDERATION.—It shall be Barrett (NE) Coburn Flake Luther Rohrabacher Wolf the duty of the District Court for the Dis- Barrett (WI) Collins (IL) Flanagan Maloney Ros-Lehtinen Woolsey trict of Columbia and the Supreme Court of Bartlett Combest Foglietta Manzullo Rose Wyden the United States to advance on the docket Barton Condit Foley Markey Roth Wynn Bass Conyers Forbes and to expedite to the greatest possible ex- Martini Roukema Yates tent the disposition of any matter brought Beilenson Cooley Ford Mascara Roybal-Allard Young (AK) Bentsen Costello Fox Matsui Royce Young (FL) under subsection (a). Bereuter Cox Frank (MA) McCarthy Rush Zeliff (Mr. DEAL of Georgia asked and was Berman Coyne Franks (CT) McCollum Sabo Zimmer Bevill Crane Franks (NJ) given permission to revise and extend Bilbray Crapo Frelinghuysen NOT VOTING—20 his remarks.) Bilirakis Cremeans Frisa Mr. DEAL of Georgia. Mr. Chairman, Baesler Gephardt Moakley Blute Cunningham Funderburk this amendment is hopefully a non- Boehlert Davis Furse Barcia Gibbons Radanovich Boehner Deal Gallegly Becerra Gilman Rangel controversial one that addresses the Bonilla DeFazio Ganske Bliley Harman Smith (TX) issue of expedited judicial review. Bonior DeLauro Gejdenson Brown (CA) Manton Stark Since we are proceeding in a statutory Bono DeLay Gekas Collins (GA) Martinez Waxman Borski Dellums Geren Collins (MI) Minge form for a line item veto and not a con- Boucher Deutsch Gilchrest stitutional amendment, it should be Brown (FL) Diaz-Balart Gillmor b 1931 obvious that until that constitu- Brown (OH) Dickey Gonzalez tionality is clarified, it will be under a Brownback Dingell Goodlatte Bryant (TN) Dixon Goodling Ms. JACKSON-LEE, Mr. BALDACCI, cloud. Bryant (TX) Doggett Gordon and Mr. HOLDEN changed their vote This would be an expedited process Bunn Dooley Goss from ‘‘aye’’ to ‘‘no.’’ for allowing that issue to be deter- Bunning Doolittle Graham Burr Doyle Green Mr. HILLEARY changed his vote mined and allow this body, if it is de- Buyer Dreier Greenwood from ‘‘no’’ to ‘‘aye.’’ termined unconstitutional, to make Calvert Duncan Gunderson necessary changes and, if not, to pro- Camp Dunn Gutierrez So the amendment was rejected. ceed with its use. Canady Durbin Gutknecht Cardin Ehlers Hall (OH) The result of the vote was announced I urge the adoption of the amend- Castle Ehrlich Hall (TX) as above recorded. ment.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 9920 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1139 Mr. Chairman, this should be a non-con- The amendment is a significant en- b 1940 troversial amendment that can be supported hancement to the bill and should be AMENDMENT OFFERED BY MR. KANJORSKI by Members of both sides of the line-item veto adopted. issue. My amendment will simply streamline Mrs. COLLINS of Illinois. Mr. Chair- Mr. KANJORSKI. Mr. Chairman, I and expedite judicial review of the line-item man, I move to strike the requisite offer an amendment. veto authority in the bill. The amendment will number of words. The CHAIRMAN. The Clerk will des- ensure that any questions regarding the con- Mr. Chairman, I rise in support of the ignate the amendment. stitutionally of line item veto authority are re- Deal amendment. It is one that we The text of the amendment is as fol- solved as rapidly as possible. should all be able to support whether lows: I endorsed the line-item veto in my cam- we support the bill or oppose the line- Amendment offered by Mr. KANJORSKI: At paign and have voted in favor of the strongest item veto bill. This amendment makes the end, add the following new section: possible line item veto at every opportunity it possible for the constitutionality of SEC. 7. TERMINATION DATE. since coming to Congress. As a supporter of H.R. 2 to be brought before the courts This Act shall cease to be effective on Jan- line-item veto, I believe that it is important that on an expedited basis. uary 1, 2000. any questions regarding the constitutionally of Proponents of H.R. 2 should want to Mr. KANJORSKI. Mr. Chairman, the the line item be resolved as quickly as pos- have the constitutional question re- purpose of this amendment of course is sible. As long as legal questions remain, the garding this bill settled as soon as pos- to add another section indicating ter- President may be reluctant to fully utilize the sible. Those of us who oppose H.R. 2 for mination date; and it is the purpose to line-item veto, and any spending cut through constitutional reasons also want the sunset this act as of January 1 of the the line-item veto process would certainly be courts to look at this bill as soon as year 2000, the principle being that we challenged. The effectiveness of the line-item possible. would enact extraordinary powers and veto will be severely handicapped until the This amendment says that the courts transfer of powers from the Congress to legal questions are resolved. It is in nobody’s can go ahead and hear a test case on the Executive, some of which powers interest to leave the legal status of line-item this legislation constitutionally with- are unknown or unreasonable or un- veto authority in limbo for an extended period out having to wait for the President to thinkable right now as to what the of time. use the line-item veto authority this ramifications of this may be. And I Under my amendment, any Member of Con- bill gives him. think what it does is allows us the op- gress may bring action in Federal district court Mr. Chairman, this bill gives the portunity to have a rein on the Execu- challenging the constitutionally of the line-item President authority to sign measures tive, that if over the next 5 years there veto. The decision of the district court would into law that are in a form the Con- is abuse in the exercise of the line-item be appealed directly to the Supreme Court. gress has never passed. To me, that veto this Congress would have an op- Both the district court and the Supreme Court means we are giving the President au- portunity to oversight the use of the would be directed to advance any case chal- thority to make laws, authority that line-item veto to either reform the lenging the line-item veto on the docket and belongs to the Congress under the Con- amount of power that would be dele- expedite consideration of the case. stitution. To me that raises serious gated to the Executive and if the abuse Hopefully, the procedure established by my constitutional questions. is so excessive by the Executive, it amendment will result in a final resolution re- On this point, I would note that in would terminate as of January 1 of the garding the constitutionally of line-item veto testimony before the Senate Com- year 2000. authority before the fiscal year 1996 appro- mittee on the Judiciary last week, As- I have never been a supporter of the priations bills are sent to the President. If the sistant Attorney General Walter constitutional amendment of changing courts uphold the constitutionally of line-item Dellenger challenged the constitu- the balance of powers between the ex- veto authority, the President will be free to uti- tionality of H.R. 2. I am going to read ecutive branch of government and the lize the line-item veto authority without any briefly from his statement in which he legislative branch of government inso- question. If the courts strike down the line-item refers to the authority H.R. 2 gives the far as the legislative branch would pass veto authority, Congress will have time to con- President over targeted tax benefits: over to the executive all of the possi- sider legislation to take corrective action and It does so by purporting to authorize a bilities that could be used in the appro- pass legislation strengthening the ability of the priation bills and in tax bills. But ap- President to cut out wasteful items in tax and President to ‘‘veto’’ target tax benefits after they become law thus resulting in their re- parently the will of the Congress is spending bills that is consistent with the ruling peal. The use of the term ‘‘veto’’ and ‘‘re- going to be, at least the House of Rep- of the court. peal’’ is constitutionally problematic. Arti- resentatives, is going to be quite firm, If my amendment for judicial review is not cle I, Clause 7 of the Constitution provides that this bill will pass, and that is added to the bill, it is unlikely that the courts that the President only can exercise his what the will of the majority is. There would consider the issue until the President ‘‘veto’’ power before a provision becomes is nothing wrong with that. exercises the line-item authority. Every rescis- law. As for the word ‘‘repeal,’’ it suggests sion submitted by the President under the line- that the President is being given authoriza- But now we have to look at the Con- item veto authority for fiscal year 1996 would tion to change existing laws on his own. This stitution and we have to look at the almost certainly be challenged and potentially arguably would violate the plain textual pro- precedence that we are establishing vision of Article I, Clause 7 of the Constitu- blocked until the issue worked its way through and the potential abuse. tion governing the manner in which Federal I had the pleasure of serving in this the court system. This will effectively prevent laws are to be made and altered. the President from truly utilizing the line-item House in the 83d Congress as a page. Mr. Chairman, I would urge my col- veto for fiscal year 1996. That is the last Congress that the Re- Whether or not you support the line-item leagues to support this amendment. It publican Party was in the majority. veto, I encourage you to support the Deal judi- makes good sense to do so. When I look back at the history of the cial review amendment. The CHAIRMAN. The question is on 83d Congress, I find that it did some Mr. BLUTE. Mr. Chairman, I move to the amendment offered by the gen- very successful things in America. It strike the last word. tleman from Georgia [Mr. DEAL]. attacked clean water for the first time Mr. Chairman, this is a good amend- The amendment was agreed to. in navigable rivers. It attacked and ment which simply ensures that any Mr. CLINGER. Mr. Chairman, I move thought about the Interstate Highway court challenge to H.R. 2 be considered to strike the last word. System. It was a Congress that when it on an expedited basis. Because this bill Mr. Chairman, I do so only to give concluded did not have to be embar- affords a significant new power to the the Members a sense of where we are. rassed with its operations. President, it almost certainly will be It is our hope to be able to deal with Now we are faced with the 104th Con- challenged in court. Rather than per- one more amendment this evening, an gress and a new majority, and perhaps mitting any such challenge to linger on amendment to be offered by the gen- a new wind in the land. The tool we are overcrowded court dockets, the Deal tleman from Pennsylvania [Mr. KAN- about to pass on to the President is a amendment would provide for fast- JORSKI], and at that point we will hope- very powerful tool. It does not only af- track judicial consideration of any fully conclude action on that amend- fect this generation, but theoretically court challenge. ment tonight and rise. could affect all generations to come in

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1140 CONGRESSIONAL RECORD — HOUSE February 2, 1995 America, because as we will get the op- ginning of the second term of the ad- legislation every 5 years and, indeed, portunity to reverse a veto by a major- ministration, and we are all aware of we believe it would be prudent to sun- ity of this House and the Senate, in all of the President’s men, we are all set every new initiative of this type order for that to be effective the Presi- aware that we have a tarnished history every 5 years so that the Congress fo- dent will have the constitutional au- where a President of the United States, cused on what it was passing and we thority to exercise his veto. as a result of unconstitutional activ- had a real sense of accountability. If he exercises his veto on any appro- ity, resigned the office of President. That is why we have proposed sunset priation that this House and the Sen- We have the experience that an Exec- provisions for each of these pieces of ate do not agree upon, it will require a utive did exceed his constitutional au- legislation that are moving through two-thirds vote of this House and a thority and indeed did abuse legislative the Congress. two-thirds vote of the Senate to over- authority that was not in his hands. In Texas this has been a process that ride that veto. Why would we want to arm and provide has led to the repeal of statutes, to the I have examined back as far as I can for that possibility to occur in the im- abolition of programs, to the savings of remember from the 83d Congress until mediate future and ad infinitum until significant amounts of money for the now and I have found no Congress two-thirds of this House or two-thirds State treasury and, of course, for the where any single party or coalition in of the Senate would be in place to over- taxpayer. this House or in the Senate ever at any ride that? It can work in Washington also. particular time commanded a coalition There are 18 Members of this House Mr. Chairman, we know what we or a number that would exceed two- that have introduced legislation to hope this reform will accomplish, that thirds of this body or two-thirds of the bring a 5-year sunset to every piece of a President will be as diligent as the Senate. legislation that is introduced into the Members who have worked on this leg- The likelihood that that will happen House. I call upon those 18 Members, 16 islation to see that wasteful spending in the future is quite remote. Histori- on the majority side and 2 on the is ferreted out and eliminated. But we cally, if we study the activities of the Democratic side, that if they are going do not live in an ideal world. It is quite Parliaments of Europe during the peri- to be consistent today, there is not any possible that a future President will ods of the 1920’s and the 1930’s, it was reasons why they would not support use the line-item veto for purposes not unusual for the Fascist Party or this amendment and start with the other than those which we intend this the Communist Party to exercise a ma- line-item veto to provide for a reason- evening. jority in those Parliaments, above a able protection of the constitutional Indeed, Mr. Chairman, it does not third, but below a majority. If for some values we all hold high, and to protect take a great deal of imagination to reason the Executive authority fell the fact that if we delegate this au- imagine a future President saying that into the hands of a party that has a thority to the President and if it is ‘‘If you will not vote for this spending third, and one vote, falls into the hands abused, we have a built-in mechanism program, I will veto through the line of the party that captures the Presi- to stop that unusual and extraordinary item an expenditure program that you dency, and a third and one vote of ei- power or that extraordinary abuse. want for your district.’’ ther the House or the Senate, there I urge my colleagues on the Repub- Mr. Chairman, this bill in fact could will be no way that the Congress can lican side and the Democratic side to actually give a President a most pow- capture its constitutional responsi- think in terms that we came here and erful tool to force members of Congress bility to properly appropriate the will took another oath of office to the Con- to vote to increase and toe the line on of the people and in accordance with stitution of the United States and not his spending bill, not just to ferret out the first article of the American Con- to a political party. waste, but to add spending where it is stitution. This is a time not to be a Republican, unnecessary. That is a significant transfer of not to be a Democrat or not to be an It is at least arguable that this is the power. Independent, but to be an American, reason why the Founding Fathers, As we go down this contract and as and first of all in American that be- when confronted with the notion of a we go down the changes they want to lieves in the Constitution and a con- line item veto, chose to deny it to the be made, I hope my colleagues on the stitutionalist. I urge Members to sup- President, to the Chief Executive. We Republican side and my colleagues on port this reasonable sunset provision. ought to think a long hard time about the Democratic side recognize that Mr. DOGGETT. Mr. Chairman, I changing this process and this balance what we are doing today is not some- move to strike the last word. of power, this separation of power. thing that is superficial in any stretch Mr. Chairman, like most Americans, One of the ways to do that is by of the imagination, it is not something I support the line-item veto. Too often sunsetting the procedure and allowing that can be educationally corrected in wasteful spending has slipped into a for this Congress, forcing this Con- the future. The only way we could be statute, it has hitched a ride into the gress, to have to refocus its attention certain that the extraordinary powers statute books, and this is a way to try on the whole concept in the next 5 that this Congress is sending to the Ex- to prevent it. years. ecutive, if abused could be changed, is You know, the record since the Sec- b 1950 if we have this sunsetting provision ond World War of Presidents on the that allows this act to cease in 5 years, We need to seize on every tool that question of appropriations is not nec- if an Executive who is now in office or we can to oppose wasteful spending. We essarily a good one. In fact, during that the next Presidency were to violate the have the line-item veto in Texas. It has period of time, various Presidents of trust of the American people and this worked up to a point. I think that over both parties have requested more ap- Congress. the last several sessions Governors, Re- propriations than this Congress has ac- In my time in life I remember only publican and Democrat alike, have tually voted to spend. Let us suppose, one period of time where excessive Ex- managed to veto through the line item Mr. Chairman, that we had a President ecutive authority was used. It was the about one-quarter of 1 percent of the 2- of this Nation who could not submit a end of the first term of President year spending budget. balanced budget, who came to this Con- Nixon. Of course, here, the line-item veto gress session after session after session The CHAIRMAN. The time of the usage would be even more limited since proposing one unbalanced budget after gentleman from Pennsylvania [Mr. only about one-third of all spending ac- another, a President who engaged in KANJORSKI] has expired. tually occurs in the annual appropria- the strongest rhetoric against an un- (By unanimous consent, Mr. KAN- tions bill. balanced budget, who came up with JORSKI was allowed to proceed for 2 ad- We must be very careful with this tools to speak about at campaign time, ditional minutes.) type of reform. There is no guarantee but never could produce a balanced Mr. KANJORSKI. Mr. Chairman, it that, in fact, a line-item veto will be budget. Such a President we have had was in that period of time in the early used as a intended, and that is why we in this country. He is the very Presi- 1970’s, at the end of the first term of offer this amendment tonight. We be- dent for whom the members of the ma- the Nixon administration and the believe it would be prudent to sunset this jority wish to change the calendar of

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1141 this House and dedicate this very bill over the Federal judiciary; others this statute. That is as far as we want to on his birthday. think that concern is unwarranted. to go. But it is arguable that such a Presi- In the Senate, Senator MCCAIN sup- Let me tell you what you are voting dent might not do such a fine job with ports taking the approach in H.R. 2, on here: What this line item veto is, it a line-item veto, that if he could not while Senator DOMENICI advocates the reverses existing law that allows Con- balance his spending, he cannot cut expedited rescission authority which gress to reject the President’s requests spending of others. It is for this reason our colleagues Mr. WISE, Mr. SPRATT, to cut pork-barrel spending without that we ought to look to a sunset proc- and Mr. STENHOLM also support. ess to reviewing the whole concept of a The one common theme that runs even taking a vote. That is what the line-item veto rather than taking a through this debate is uncertainty and existing rule and law is today. In other blind leap of faith that a line-item veto confusion. This confusion and uncer- words, Congress can block the spending will actually help us cut the deficit tainty is not going to be settled here without doing anything. This line item rather than seeing it increased. on this floor, or in the Senate, or in veto reverses that procedure by saying Mr. Chairman, virtually every reform conference. If this bill is enacted into that the cuts go through unless Con- has unintended consequences, but there law, only time will tell what impact it gress votes to disapprove the spending is a way to do something about it, and will have. cuts. having the experience of five full ses- I strongly urge my colleagues, there- That is what we are voting on now. sions of this congress before we review fore, to support the Kanjorski amend- We need permanent law. it is exactly what we can accomplish ment to sunset this authority in the The CHAIRMAN. The question is on through sunset. year 2000. The amendment would give the amendment offered by the gen- I move adoption of the amendment. this experiment 5 years to run. By tleman from Pennsylvania [Mr. KAN- Mr. CUNNINGHAM. Mr. Chairman, I then, we should know whether it is a move to strike the requisite number of policy that we should continue or ter- JORSKI]. words. minate, or whether we need to modify The question was taken; and the Mr. Chairman, I rise in strong opposi- it in some way. Chairman announced that the noes ap- tion to this amendment. peared to have it. It was suggested that an obtrusive, If you are a proponent of line-item veto, I would think you would want to Socialist government or President RECORDED VOTE might arise and abuse the line-item see this amendment adopted. There is Mrs. COLLINS of Illinois. Mr. Chair- veto. only one way to clear up the questions It is our contention that every lead- and confusion that now surround this man, I demand a recorded vote. ership over the last 40 years has tried proposal, and that is to revisit it in the A recorded vote was ordered. future. That will only occur, if this to prevent the line-item veto, and now The vote was taken by electronic de- they want to sunset it. sunset amendment is adopted. I urge my colleagues to support the vice, and there were—ayes 153, noes 258, Second, it will affect future genera- not voting 23, as follows: tions. A balanced budget amendment, Kanjorski sunset amendment. unfunded mandates, and line-item veto Mr. KANJORSKI. Mr. Chairman, will [Roll No. 88] the gentlewoman yield? will keep this Congress from spending AYES—153 our children’s and children’s children’s Mrs. COLLINS of Illinois. I am happy to yield to the gentleman from Penn- Abercrombie Gutierrez Payne (NJ) future away. Ackerman Gutknecht Payne (VA) The other side has had 40 years to sylvania. Baldacci Hastings (FL) Pelosi pass this, and in the next 40 years they b 2000 Barrett (WI) Hefner Peterson (FL) may have, or the next thousand years, Beilenson Hilliard Pickett Mr. KANJORSKI. It is important. I Bentsen Hinchey Rahall they may take the majority again. We just want you to recall in 1973 the Berman Jackson-Lee Rangel want to establish a line-item veto in Bevill Jefferson Reed President, having been dissatisfied which a President is answerable to the Bishop Johnson (SD) Reynolds with the investigation of the FBI and American people for that line-item Bonior Johnson, E. B. Rivers the CIA in the Watergate scandal, all Borski Johnston Roemer veto on every item that he forces. he had to do was use this provision, if Boucher Kanjorski Roybal-Allard If he abuses it, he himself will be an- Browder Kaptur Rush swerable at election time. it were in law, and strike the appro- Brown (FL) Kennedy (MA) Sabo Mrs. COLLINS of Illinois. Mr. Chair- priations and do away with the FBI and Bryant (TX) Kennedy (RI) Sanders the CIA. My memory escapes me as to Chapman Kennelly Sawyer man, I move to strike the requisite Clay Kildee Schroeder number of words. what the impeachment resolution vote Clayton Kleczka Schumer Mr. Chairman, I rise in support of the on Nixon was in this House, But I high- Clyburn Klink Scott gentleman from Pennsylvania’s amend- ly doubt it was more than two-thirds. Coleman LaFalce Serrano I just ask my colleagues on all sides, Collins (IL) Lantos Sisisky ment to sunset the rescission authority Condit Levin Skaggs in H.R. 2 in the year 2000. realize this is not just a housekeeping Conyers Lewis (GA) Skelton Anyone who has been listening to vehicle we are talking about today, Costello Lincoln Slaughter this debate can attest to the fact that this is a delegation of authority, legis- Coyne Lipinski Spratt Cramer Lofgren Stenholm many of our colleagues really do not lative appropriation authority that is de la Garza Lowey Stokes know what this bill does. Members con- incredible, and allows the chief execu- DeFazio Maloney Studds tinue talking about all of the Gov- tive to reach down and punish those DeLauro Markey Stupak elements of the Government that op- Dellums Mascara Tanner ernors who have this authority, when Dicks Matsui Taylor (MS) in fact H.R. 2 is very different than the pose his views, whether his views are Dingell McDermott Tejeda authority the Governors have. legal or constitutional, because we are Dixon McKinney Thompson Many continue to believe this is a arming a future President with that Doggett Meehan Thornton Doyle Meek Thurman true line-item veto bill when in fact it capacity. Durbin Menendez Torres is not. By the proponents’ own admis- Mr. SOLOMON. Mr. Chairman, I Edwards Miller (CA) Torricelli sion, this bill contains, instead, the move to strike the requisite number of Engel Mineta Towns words in opposition to the amendment. Evans Mink Traficant most powerful rescission authority Fattah Mollohan Tucker imaginable. The President can pick It will only take me about a minute. Fazio Montgomery Velazquez and choose elements of an appropria- I just want to say, Mr. Chairman and Fields (LA) Moran Vento tion to rescind. He can be as specific or Members, with all due respect to the Filner Murtha Volkmer Flake Nadler Ward as general as he wants, and nothing can gentleman, we have great respect for Foglietta Neal Waters stop him as long as he has the support him, there is no need for this amend- Ford Oberstar Watt (NC) of just one-third plus one of the Mem- ment. We have already reached a com- Frost Obey Williams promise. Those of us who wanted a true Furse Olver Wise bers in either the House or the Senate. Gejdenson Ortiz Woolsey Many seem to believe this authority constitutional amendment for a line Gonzalez Orton Wynn will let the President run roughshod item veto, we have compromised on Green Owens Yates

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1142 CONGRESSIONAL RECORD — HOUSE February 2, 1995 NOES—258 b 2018 minute and to revise and extend her re- Allard Frisa Moorhead The Clerk announced the following marks and include extraneous mate- Andrews Funderburk Morella pairs. rial.) Archer Gallegly Myers Armey Ganske Myrick On this vote: Ms. MCKINNEY. Mr. Speaker, yester- Bachus Gekas Nethercutt Miss Collins of Michigan for, with Mr. Col- day’s Atlanta Journal and Constitution Baker (CA) Geren Neumann lins of Georgia against. reported that my colleague from the Baker (LA) Gilchrest Ney Mr. Manton for, with Mr. Roth against. 6th District of Georgia not only likes Ballenger Gillmor Norwood So the amendment was rejected. Barr Gilman Nussle his frequent flyer perks, he also prefers Barrett (NE) Goodlatte Oxley The result of the vote was announced to fly first class at the taxpayer’s ex- Bartlett Goodling Packard as above recorded. pense. Barton Gordon Pallone PERSONAL EXPLANATION It appears that Government spending Bass Goss Parker Ms. HARMAN. Mr. Speaker, during rollcall Bateman Graham Pastor is only a problem for my colleague Bereuter Greenwood Paxon vote No. 88 on H.R. 2 I was unavoidably de- when it is used to help people who ac- Bilbray Gunderson Peterson (MN) tained. Had I been present I would have noted tually need it. While many people are Bilirakis Hall (TX) Petri ‘‘no.’’ Blute Hamilton Pombo scraping by on a minimum wage that Boehlert Hancock Pomeroy b 2020 makes welfare look attractive, they Boehner Hansen Porter Mr. CLINGER. Mr. Chairman, I move are supposed to take comfort in know- Bonilla Hastert Portman Bono Hastings (WA) Poshard the committee do now rise. ing that some in this body are using Brewster Hayes Pryce The motion was agreed to. tax dollars for wide-body seats. Brown (OH) Hayworth Quillen Accordingly, the Committee rose; Mr. Speaker, the article referred to Brownback Hefley Quinn and the Speaker pro tempore. (Mr. Bryant (TN) Heineman Radanovich follows: LAHOOD) having assumed the chair, Mr. Bunn Herger Ramstad COMING UP Bunning Hilleary Regula BOEHNER, Chairman of the Committee Burr Hobson Richardson of the Whole House on the State of the Today: Rep. Cynthia McKinney (D–Ga.) Burton Hoekstra Riggs Union, reported that that Committee, and Sen. Mark Hatfield (R–Ore.) reintroduce Buyer Hoke Roberts having had under consideration the bill the ‘‘Arms Trade Code of Conduct,’’ which Callahan Holden Rogers would prohibit the government from selling Calvert Horn Rohrabacher (H.R. 2) to give the President item veto or giving weapons to regimes that violate Camp Hostettler Ros-Lehtinen authority over appropriation acts and human rights or are undemocratic. Canady Houghton Rose targeted tax benefits in revenue acts, Cardin Hoyer Roukema A quick look at today’s activities involv- Castle Hunter Royce had come to no resolution thereon. ing House Speaker Newt Gingrich of Georgia: Chabot Hutchinson Salmon f Chambliss Hyde Sanford SCHEDULE Chenoweth Inglis Saxton PERMISSION FOR SUNDRY COM- 8 a.m.: Speaks at Capitol Hill Club Head- Christensen Istook Scarborough MITTEES TO SIT ON TOMORROW liner Breakfast. Chrysler Jacobs Schaefer DURING 5-MINUTE RULE Clement Johnson (CT) Schiff 10:40 a.m.: Regular morning news con- Clinger Johnson, Sam Seastrand Mr. GOSS. Mr. Speaker, I ask unani- ference on C–SPAN. Coble Jones Sensenbrenner mous consent that the following com- 2:30 p.m.: Speaks to National Association Coburn Kasich Shadegg Combest Kelly Shaw mittees and their subcommittees be of Independent Colleges and Universities. Cooley Kim Shays permitted to sit tomorrow while the 7 p.m.: Speaks to National Association of Cox King Skeen House is meeting in the Committee of Wholesaler Distributors, receives national Crane Kingston Smith (MI) the Whole House under the 5-minute leadership award. Crapo Klug Smith (NJ) Cremeans Knollenberg Smith (TX) rule: the Committee on Economic and What fear of flying? New York Magazine Cubin Kolbe Smith (WA) Educational Opportunities, the Com- says Gingrich, who has been battling to keep Cunningham LaHood Solomon mittee on the Judiciary, and the Com- frequent-flier miles accruing from govern- Danner Largent Souder mittee on Science. ment-paid tickets, seems to be partial to fly- Davis Latham Spence ing first class. Deal LaTourette Stearns Mr. Speaker, it is my understanding DeLay Laughlin Stockman that the minority has been consulted The AJC reported that in the year and a Deutsch Lazio Stump and that there is no objection to these half before assuming the speakership, Ging- rich flew back and forth between Atlanta Diaz-Balart Leach Talent requests. Dickey Lewis (CA) Tate and Washington 125 times, traveling first Dooley Lewis (KY) Tauzin The SPEAKER pro tempore. Is there class nearly half of the time. When accom- Doolittle Lightfoot Taylor (NC) objection to the request of the gen- panied by reporters and Delta chairman Ron Dornan Linder Thomas tleman from Florida? Allen on a recent flight, says the magazine, Dreier Livingston Thornberry Mr. DOGGETT. Mr. Speaker, reserv- he flew economy, boasting that he always Duncan LoBiondo Tiahrt Dunn Longley Torkildsen ing the right to object, under that res- travels that way. On the very next flight, he Ehlers Lucas Upton ervation let me say that we have con- was back in first class, with its wide seats Ehrlich Luther Visclosky sulted with the ranking members of and free liquor. Emerson Manzullo Vucanovich each of the affected committees, and Now he’s in on Out: Gingrich’s new fame English Martini Waldholtz that following that consultation I and position have made him cover boy of a Ensign McCarthy Walker slew of magazines lately. In his latest such Eshoo McCollum Walsh think there is no objection. This pat- Everett McCrery Wamp tern of consultation with the minority sighting, his smiling face graces the cover of Out, on newsstands today. The article, ‘‘The Ewing McDade Watts (OK) which has occurred here is an appro- Farr McHale Weldon (FL) Newt Era: Is it good for the gays?’’ by News- Fawell McHugh Weldon (PA) priate way of handling this. It will week correspondent Mark Miller, considers Fields (TX) McInnis Weller avoid the kind of problems we had the whether Gingrich’s recent statements about Flanagan McIntosh White other night. tolerance for homosexuals are ‘‘a small step Foley McKeon Whitfield Mr. Speaker, with the understanding in the right direction or an insidious act of Wicker Forbes McNulty political pragmatism.’’ Fowler Metcalf Wolf that there has been such consultation, Fox Meyers Wyden I withdraw my reservation of objec- Franks (CT) Mica Young (AK) tion. b 1020 Franks (NJ) Miller (FL) Young (FL) The SPEAKER pro tempore. Is there Frelinghuysen Molinari Zimmer objection to the request of the gen- The Constitution article goes on to NOT VOTING—23 tleman from Florida? say that GINGRICH flew back and forth There was no objection. between Atlanta and Washington 125 Baesler Gephardt Moakley times, traveling first class nearly half Barcia Gibbons Roth f Becerra Hall (OH) Shuster of the time, but when accompanied by Bliley Harman Stark SPEAKER GINGRICH ON FREQUENT reporters and Delta chairman Ron Brown (CA) Manton Waxman FLIER PERK Allen on a recent flight, he boasted Collins (GA) Martinez Wilson (Ms. MCKINNEY asked and was given that he always travels economy. On Collins (MI) Mfume Zeliff Frank (MA) Minge permission to address the House for 1 the very next flight he was back in

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1143 first class with his wide seats and free The years 1993 and 1994 saw plenty of Mr. Speaker, I have received numer- liquor. wasteful appropriations that would ous letters from concerned parents and f have been targets for the veto pen if educators urging this Congress not to the President had been able to exercise destroy the Head Start Program. Many SPECIAL ORDERS that authority. These are just a few: parents have shared their personal ex- The SPEAKER pro tempore. Under Fifteen billion to build never author- periences with me. They tell how Head the Speaker’s announced policy of Jan- ized courthouses opposed by the Fed- Start has helped their families, how uary 4, 1995, and under a previous order eral judges in the region where they they have learned to be advocates for of the House, the following Members were to be build; 1.1 million for a plant their children. Many of these parents will be recognized for 5 minutes each. stress lab; and 35 million to eradicate started out as volunteers with their screw worms in Mexico. f local Head Start Programs and went on I call on my colleagues on Monday to to become permanent employees. I THE LINE-ITEM VETO: WIN ONE adopt this important legislation unani- think these are the stories that we FOR THE GIPPER mously, a line-item veto, to help us re- need to hear. The SPEAKER pro tempore. Under a store fiscal responsibility to the United Head Start must remain in the hands previous order of the House, the gen- States of America. of local communities to ensure that tleman from Pennsylvania [Mr. FOX] is f important program elements are main- recognized for 5 minutes. SUPPORT HEAD START tained. Head Start makes it possible for millions of children to look forward (Mr. FOX of Pennsylvania asked and The SPEAKER pro tempore. Under a to a better future. To change the pro- was given permission to revise and ex- previous order of the House, the gentle- tend his remarks.) gram now will close the door of oppor- woman from California [Ms. WATERS] is tunity on millions of children yet to Mr. FOX of Pennsylvania. Mr. Speak- recognized for 5 minutes. er, I quote from President Ronald Rea- Ms. WATERS. Mr. Speaker, in 1965 step through a Head Start classroom gan’s final State of the Union Address the Office of Economic Opportunity door. on January 25, 1988. He said at that launched Project Head Start to help Head Start is an investment in the time, break the cycle of poverty. It provided human potential of children—children Let’s help ensure our future of prosperity pre-school children of low-income fami- who often fall behind in their first by giving the President a tool that, though I lies with a comprehensive program to years of school and find their troubles will not get to use it, is one that I know fu- meet their emotional, social, health, compounded in later years. These chil- ture Presidents of either party must have. nutritional, and psychological needs. dren belong to all of us; they are the Give the President the same authority that children of the Nation. We must pre- 43 Governors use in their states: the right to In 1969, Head Start became a permanent program within the Administra- serve Head Start as a Federal to local reach into massive appropriation bills, pare program. We can no longer afford to sit away the waste, and enforce budget dis- tion on Children, Youth and Families cipline. Let’s approve the line item veto. at the Department of Health and back and hope that logic and sense of what is right will prevail. We need a We have the opportunity, hopefully Human Services. Since its beginning, Head Start has served over 13.1 million national mobilization around Head by Monday, to pass that important leg- Start, a coming together of parents, islation to reduce wasteful spending. children and their families, representing all races, classes, and regions educators, community leaders, and On Monday it will be former President public officials. A national mobiliza- Ronald Reagan’s birthday. of this country. After nearly 30 years, Head Start is tion that will transcend the traditional The line-item veto, together with a political process. Together we can balanced budget amendment, con- being recognized by educators, child development specialists, community make a difference. Let’s not turn our stitutes the Fiscal Responsibility Act leaders, and parents across the Nation backs on our children. pledged by Republicans in the Contract as the most successful publicly funded With America. These two measures will children’s program there is. However, f work together to restore fiscal respon- this program is now in jeopardy—it sibility to an out-of-control Congress. could be cut—it could even be elimi- b 2030 Every year, ridiculous projects and nated. tax benefits are buried in appropriation The SPEAKER pro tempore (Mr. The Republican Contract With Amer- LAHOOD). Under a previous order of the bills and tax bills. It is clear from the ica proposes to take Head Start out of writings of Madison and Hamilton in House, the gentleman from Ohio [Mr. the hands of local communities and NEY] is recognized for 5 minutes. the Federalist Papers that the Framers make it a function of State child care [Mr. NEY addressed the House. His intended a two-branch review of all block grants. This would be disastrous. laws, including appropriations. The First of all, Head Start is not a child remarks will appear hereafter in the line-item veto will restore the con- care program. Head Start is a com- Extension of Remarks.] stitutional system of checks and bal- prehensive family-focused develop- f ances over each individual appropria- mental program that addresses child tion, preventing future Congresses and family needs. Head Start puts a CHILD SUPPORT ENFORCEMENT from effectively eliminating the Presi- premium on parent involvement by en- dent’s veto authority through creative couraging parents to participate in im- The SPEAKER pro tempore. Under a legislative packaging. portant program decisions. Head Start previous order of the House, the gentle- The States, the laboratories of de- staff are members of the communities woman from Connecticut [Ms. mocracy under our decentralized fed- they serve, many are former Head DELAURO] is recognized for 5 minutes. eralist system, have proven that the Start parents. Program decisions are Ms. DELAURO. Mr. Speaker, tonight line-item veto works. State legisla- based on community needs, as defined I want to discuss an issue that I believe tures have recognized its effectiveness by the community. Block granting is critical to successful welfare reform. as an important tool in restraining the Head Start would undo local control of That is the whole issue of child support growth of government. addressing unique community needs. enforcement. The goal of the line-item veto is to At a time when so much emphasis is The interests of our children must allow the President to rescind pork- placed on personal and family responsi- come first in welfare reform. We can- barrel spending. Pork-barrel projects bility, it is more important than ever not look out for those interests unless are usually attached to bills of vital to have a program that is family-ori- we demand more responsibility from importance to the continued operation ented. By lumping Head Start with their parents, especially in the area of of the Government or bills that enjoy other children’s programs, the focus on child support. wide popularity. As such, the bill is as- families will be lost and important ele- Our country’s failure to adequately sured of passage and the President’s ments such as parenting skills, male collect child support has had a dev- signature. All of this will change with involvement, literacy, and employment astating impact on our children. The the adoption of the line-item veto. skills would be compromised. statistics are startling. Sixty-three

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1144 CONGRESSIONAL RECORD — HOUSE February 2, 1995 percent of noncustodial parents do not in 90 percent of their AFDC cases, but Mr. Speaker, this crime bill says that pay child support. In 1989, only 37 per- it is not enough. those in a position to know what our cent of the almost 10 million custodial I believe the paternity establishment law enforcement needs are in our com- mothers caring for children under 21 is an essential step toward enhancing munities all across this land, that received any child support. And cur- child support collection. That is why those who are in a position to deter- rently only $14 billion of the $48 billion we fought for provisions in the Budget mine how best to meet those needs, in child support payments is being paid Reconciliation Act of 1993 to encourage will in fact once more be in charge of each year, leaving a gap of $34 billion more voluntary in-hospital paternity meeting those needs insofar as Federal uncollected. Just think of the basic programs. To truly improve child sup- moneys coming back to the States and needs of these children that are not port collection, legislation is needed the local governments are concerned. being met, adequate housing, proper that will: First, work to establish child No longer will we have, as we had clothes for school, healthy meals at the support awards in every case; second, under the crime bill passed last year, a dinner table, things that all of us take to ensure fair award levels, and; three, smoke and mirrors approach to law en- for granted. to collect the awards that are owed. We forcement whereby we heard that In my home State of Connecticut, also advocate changes in the law that 100,000 police officers will be on the failure to pay child support is the will penalize noncustodial parents for greatest cause of poverty among single failing to meet their child support obli- streets, are on the streets, and will re- parent families. Child support delin- gations. main on the streets, because we know It is my hope that the Republicans quencies in Connecticut exceeded $475 out on the streets that that was not will prove to be open to these kinds of million in 1993 alone. Only 40 percent of true. It is not true, and it would not be changes and suggestions. I look for- families with child support orders in true. ward to the subcommittee’s meeting the state actually received payments. This crime bill, Mr. Speaker, these and hearing on Monday, and I look for- I recently met with a group of moth- crime bills that will make it to the ward to working with my colleagues on ers who told me horrific stories about this very important issue. floor, and which the Committee on the the choices that they are forced to I hope that our motto for welfare re- Judiciary, under the leadership of make because their ex-husbands refuse form, besides rewarding work and re- Chairman HYDE, concluded action on to honor their court-ordered child sup- sponsibility and allowing people to go today, takes those Federal moneys, port payments. to work to do that and to get off wel- which are indeed the taxpayers’ mon- One woman works a full-time day job fare, but that we will put our children eys of this country, and turns them and three part-time jobs at night, be- first. back to the States and the local gov- cause her ex-husband has not paid child f ernments and says: support in 12 years. She still finds herself falling behind, and she broke down CRIME LEGISLATION We recognize that you must determine, you are in the best position to determine, one day in a grocery store because she The SPEAKER pro tempore. Under a how those funds ought to be spent, how your had only $40 with which to buy 2 weeks’ previous order of the House, the gen- needs in your community ought to be met to worth of groceries. tleman from Georgia [Mr. BARR] is rec- further the objectives of law enforcement Another woman has been working ognized for 5 minutes. and prevention. four jobs for 14 years in order to sup- Mr. BARR. Mr. Speaker, I am very port her children. She has taken her pleased and proud to report that the It does this, Mr. Speaker, through a ex-husband to court more than 100 Committee on the Judiciary today con- block grant program. times to force him to pay child sup- cluded work after 3 days of markup and Further, Mr. Speaker, it goes on to port. several days of hearings earlier in the say: These hard-working women, through month of January on a very important no fault of their own, are just one step component of the Contract With Amer- In the area of incarceration there are two away from needing public assistance to ica. And that is a series of pieces of leg- and only two ways to ensure that those who deserve to be in jail are in jail and remain in support their kids. All because their islation that will correct many of the deficiencies, serious deficiencies that jail. More prisons must be built, and this bill children’s fathers are refusing to pay provides substantial funds to States to build what they owe. were contained in last year’s so-called more prisons, if in fact the States have It should not be this way. It should anticrime bill, and go beyond that bill shown through a history of reforms in their not be this difficult for hard-working in many important respects. sentencing systems that more people are single parents to provide for their chil- This bill, for example, Mr. Speaker, being incarcerated, according to their laws, dren. Every child has two parents, and says that no longer will police have and for longer periods of time, according to both of them should be required to live their hands tied in cases where there their laws. up to their financial responsibility. may be a technical violation, an un- knowing violation of certain constitu- This bill also, Mr. Speaker, says that Unfortunately, many do not, result- in those cases where States make sig- ing in increased rates of childhood pov- tional provisions. But if they, in good faith, rely on objective information nificant progress toward instituting a erty and AFDC enrollment. And that is system of incarceration and sentencing why the issue of child support enforce- and can satisfy a magistrate or a court of that reliance objectively, that the whereby inmates serve a full 85 per- ment must be addressed in the context cent, at least, of their sentence, which, of welfare reform. evidence will go in and that individuals who are guilty will not be back out on after all, reflects not only the will of The best welfare reform of all is re- the people but the will of the juries and form that keeps parents and children our streets. Further, Mr. Speaker, this new crime the will of the judges, that they will be from needing government assistance in bill which will make its way to the eligible for additional grant moneys to the first place. floor, hopefully next week, and receive build those prisons. I want to send a clear message to- the imprimatur of this great body, night, that when it comes to welfare Mr. Speaker, this is a realistic crime says, no longer will our death penalty reform, a solution that does not in- bill. Mr. Speaker, this is not smoke and system be the laughing stock of this clude tough child support enforcement mirrors. Mr. Speaker, this is a series of country, that for the very first time in is no solution at all. legislative proposals passed by the many years people can look up to that The Republicans Contract With Committee on the Judiciary with input system and say, yes, it does mean America falls woefully short. The con- from very learned experts from all something. across this country, with substantial tract calls for stepping up child sup- Habeas corpus will no longer be port collection, but it neglects to in- abused in our Federal system. input from Members of this great body clude any worthwhile means of improv- on both sides of the aisle that deserves ing child support enforcement. It takes b 2040 careful attention, that deserves the a step in the right direction with a pa- The system will work better for the votes of this body, so that it can get ternity establishment provision that people, for the victims, and for all of back to the decisionmakers in our com- requires States to establish paternity us. munities what they need.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1145 That is the power to determine The Massachusetts system is effec- ernment knows best—that the people whether those moneys, not in the view tive because it is centralized and really don’t know how to run their own of some bureaucrat in Washington but unempliclated. Only one office deals lives or spend their own money. in the view of the elected officials and with child support payments, and there This latest action—sending this law enforcement officers in their com- are no forms to fill out. But this sys- money to Mexico—is just another ex- munity, should be spend on one pro- tem works best if the noncustodial par- ample of big government spending the gram or another, prevention, law en- ent lives and works within the Massa- people’s money in a way that most forcement. chusetts border. If the parent has Americans do not want. And boy are we That, Mr. Speaker, is precisely, is crossed State lines, the support order talking money here—billions, with a precisely, Mr. Speaker, why the results is unlikely to be paid. ‘‘b.’’ We need a national system of child of the election on November 8 were so A few weeks ago, through the Treas- profound. The will of the people has support. We need more cooperation and coordination between States. We need ury Department and the Federal Re- been heard. It was heard in the halls of serve, we provided $9 billion of an $18 the Committee on the Judiciary this to create a national registry of child support orders. billion package to prop up the peso. week, and will indeed result, I hope, That wasn’t enough. Mr. Speaker, in passage of these impor- Tougher child support enforcement is tant crime measures in just a few days a concrete way to achieve personal re- Now, the President has announced he ahead. sponsibility of fathers for the children is taking $20 billion from the Exchange they conceive. Under the contract, fa- Stabilization Fund, even though this f thers remain totally unaccountable, money was designed to stabilize our SUPPORT THE CHILD RESPONSI- while mothers must sacrifice and are own currency and even though it has BILITY ACT, MAKING BOTH PAR- subjected to sometimes harsh reforms. never before been used to prop up the ENTS RESPONSIBLE FOR CHILD This is a clear double standard that I money of a foreign country. SUPPORT urge my colleagues in this Congress to Also, we are using $20 billion of the The SPEAKER pro tempore (Mr. rectify. Our support of the Child Re- $25 billion in this fund, thus placing LAHood). Under a previous order of the sponsibility Act would show that we our own money in a less secure status. believe both mothers and fathers House, the gentleman from Massachu- In addition, Mexico will receive $17.8 should be held responsible for the eco- setts [Mr. OLVER] is recognized for 5 billion from the International Mone- nomic well-being of their children. minutes. tary Fund, the largest loan in the Mr. OLVER. Mr. Speaker, I, too, rise f Fund’s 50-year history. Who is the larg- tonight to speak about that critical as- OPPOSITION TO THE MEXICAN est contributor to the IMF? The U.S. pect of the welfare reform that is over- BAILOUT taxpayer of course. looked by the Contract With America. The SPEAKER pro tempore. Under a Then we are sending $10 billion more I’m talking about child support. from the Bank for International Settle- The contract spells out the exact previous order of the House, the gen- ments. punishments for women on AFDC. tleman from Tennessee [Mr. DUNCAN] is Women under 18 will be ineligible for recognized for 5 minutes. Billions and billions and billions— Mr. DUNCAN. Mr. Speaker, I rise to assistance if they have a child out of and all this at a time when the Herit- once again voice my opposition to the wedlock. Women will not receive addi- age Foundation says Mexico already Mexican bailout, and especially to the tional benefits if they have another owes us over $70 billion that they can- way in which it is being done. child while on welfare. Women will be not now and probably never will repay. I have frequently said that today we The big Wall Street and Inter- forced off welfare after 2 years, wheth- have a Federal Government that is of, er or not they have found employment national investors bought Mexican by, and for the bureaucrats, instead of bonds paying 25 and 30 percent interest or completed a training program. one that is of, by, and for the people. Is this a personal responsibility act, rates. They certainly did not share But even I did not realize how little their profits with U.S. taxpayers, but or a female punishment act? Not once control the people of this Nation now is the responsibility of the father men- now they want us to protect them from have over their own National Govern- losses for their foolish risks. tioned in the contract. In fact, the only ment. mention of fathers denies public assist- Once again we see the arrogance, the Even a liberal like A.M. Rosenthal, ance to the child if paternity is not es- elitism, the public be damned, Big the New York Times columnist, has tablished. That is an astonishing over- Brother knows best attitude of the come out strongly against this deal. sight. powerful people who run this Govern- Last Friday, he wrote: Today, as the gentlewoman from ment. Could it be that the administration had so Connecticut [Ms. DELAURO], has al- Because of the overwhelming opposi- enthusiastically promoted Mexico that it ready pointed out, 63 percent of absent tion of the American people to this would have been terribly embarrasing—an parents contribute no child support. Mexican bailout, the President did election coming up and all—to disclose that Out of the $48 billion which should be what has been described as an end run Mexico ‘‘suddenly’’ could not go on backing paid annually only $14 billion is actu- around Congress. up its pesos and bonds unless the United ally collected. Millions of families Apparently, he found that the votes States offered heavy loans to bail out inves- could escape welfare if only they re- were not there, even though the politi- tors? ceived the owed child support. cally correct vote, the ‘‘anything to And then he wrote, while we were The child support enforcement sys- gain the approval of the national media still talking about just $40 billion in tem in my State of Massachusetts is a vote’’ would have been to be for this loan guarantees—instead of the more model for successful collection. In the bailout. lavish deal we now have: 1980’s, then Governor Dukakis made So the President and the big finan- Economic aid is often justified, but not 40 child support payments a top priority. cial powers decided to come up with a billion dollars to a country whose mess was Governor Weld built on that founda- plan that did not require congressional created by the cowardice of bureaucrats and tion the toughest, most streamlined approval. This means that our Govern- the mistakes of investors, theirs and ours. child support collection system in the ment is sending billions to Mexico even Americans would be foolish—I am being ex- country. though everyone knows the vast major- quisitely polite today—if they agreed to any Massachusetts has been able to effec- ity of our people are opposed to it. loan before they found out which American tively garnish the wages, bank ac- This is the most undemocratic—with and Mexican investors would be the big beneficiaries. counts, unemployment claims, and the a small ‘‘d’’—thing I have seen during lottery winnings of child support my slightly over 6 years in Congress. It Once again, Mr. Speaker, our Federal avoiders. In the last 6 months, these flies in the face of the will of the Amer- Government has shown that only the new laws have helped 4,000 families es- ican people. rich, the powerful, the wealthy, and cape AFDC and saved Massachusetts Big Government liberals have long those who work for the Government $38.5 million. had the belief or philosophy that Gov- truly benefit from Big Government.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1146 CONGRESSIONAL RECORD — HOUSE February 2, 1995 In the meantime, our taxpayers get The Older Americans Act allows any Mr. Speaker, what I want to talk the shaft—they are left holding the senior over 60 years of age and their about, something that happened on the bag—this time for a wasteful Govern- spouse, regardless of age, to receive one mall outside of the Capitol this morn- ment in Mexico, whose economy has meal a day. Would this Personal Re- ing, and that was a celebration of Na- been ruined by years of socialism. sponsibility Act repeal that law? I be- tional Day of Women and Girls in We probably cannot stop this now, lieve so. Sports. This was an important event but we would if we were truly listening What we will see, and I will show this for many reasons. There are so many to the citizens we are supposed to be sign, is that we will have seniors say- different activities that go on in Wash- representing. ing I will work for food, and that sign ington that often we say, oh, that’s f will be traded in every day with an affi- just one more demonstration, so to davit from that senior to the State speak. b 2050 swearing that they will work at least Today in high schools, 38 percent of PERSONAL RESPONSIBILITY ACT 32 hours a week for that one hot meal. the girls are participating in athletic THREATENS SENIOR NUTRITION This is ludicrous. programs. That is up from 24 percent 10 PROGRAMS I would hope that the committees, years ago. But I think the real story is and I serve on one of the committees, actually in the elementary schools. The SPEAKER pro tempore (Mr. will have better judgment than to pass The young girls are participating in LAHOOD). Under a previous order of the this bill, particularly title V. sports. They are flooding the soccer House, the gentleman from Texas, Mr. Stalin may have done this to the So- fields. They are on the tee ball and GENE GREEN, is recognized for 5 min- viet seniors, but not us. This would baseball diamond. They are running utes. mean at least 35 people would be barred out on the basketball courts, and all Mr. GENE GREEN of Texas. Mr. from a hot meal at the Magnolia Multi- the other traditional boys arenas now Speaker. I rise again tonight to discuss Purpose Center in Houston, Texas. And have young ladies playing. some of the effects of the Personal Re- simply on the work requirement alone. Indeed, those of us who are fathers sponsibility Act on the nutrition pro- So between 60 and 63, they have 35 peo- look forward to watching our girls just grams, specifically the senior citizens ple who today enjoy a hot meal that as much as fathers with sons look for- nutrition programs. would have to either carry this sign or ward to watching their boys. I want to Yesterday, during a hearing on the turn it in with an affidavit saying they emphasize also that this is a national Personal Responsibility Act in the will work. trend. This is not going to be stopped Committee on Economic and Edu- Should there be budget responsibil- or end at the county recreation level. cational Opportunities, of which I am a ities? Of course, yes. Should there be These young ladies will grow to be member, there were six witnesses, five administrative reduction? Yes. Should women who are athletic and they are representing local community groups, there be lonely, hungry seniors in the going to take the sports with them and all were against title V of the bill breadbasket of the world? No. throughout junior high, high school which deals with all our Federal nutri- We must take a look at this title V and college, and hopefully professional. tion programs. Title V repeals every in the Personal Responsibility Act con- We will, I believe, 20 years from now Federal nutrition program and then tained in this Contract With America go to see women’s soccer games and block-grants the funds after severe to see that it is a contract on our sen- women’s basketball games with the cuts. Under this repeal of our nutrition iors to remove the nutrition programs. same alacrity and the same enthusiasm programs, the State of Texas would f and the same vigor that we are now lose over $1 billion in 1996 alone. seeing men’s sports. I think it is impor- One member of the committee ques- WOMEN AND GIRLS IN SPORTS tant for us as a country to realize that. tioned the constitutional basis for pro- DAY viding nutrition and actually said it is The SPEAKER pro tempore. Under a I say that one of the best benefits of not a Federal responsibility, and he previous order of the House, the gen- this is that for those of us who are maybe a little shell-shocked after the quoted the Constitution. tleman from Georgia [Mr. KINGSTON] is Well, we all may need to reread our recognized for 5 minutes. Super Bowl wondering who is going to go on strike next, that we are tired of Constitution because where I see it in PERSONAL RESPONSIBILITY ACT the overgrown, pampered, greedy, self- the Preamble, it says to provide for the Mr. KINGSTON. Mr. Speaker, I am indulgent millionaire prima donna common defense and promote the gen- glad listening to the Democrats that players and owners who dominate our eral welfare, and that is included in nu- they are finally getting off NEWT GING- national pastime. We are sick of it. trition. RICH and talking substance on the Con- These striking athletes have built an If the Republicans are holding the detract but as usual it is mostly specious empire which is collapsing under the fense budget sacred and even increas- emotional arguments hardly based in weight of their own grandeur. ing it because it is protected under the reality and it would seem incredible to I think it is time to open up the sys- Constitution, at the very minimum nu- me for somebody to say that the Con- tem, end their monopoly and let the trition programs should also be pro- tract With America is going to mean girls on in. I am glad to see it. tected from these draconian budget that 800 senior citizens in his own dis- cuts. trict would be going hungry. PERSONAL RESPONSIBILITY ACT After November 8 of last year, many I find it incredible that the gen- Mr. Speaker, I yield to the gentleman people called for Congress to become tleman who is an elected Member of from Texas so we can get back to our result-oriented. The PRA, or the Per- Congress would take such a tactic and dialog. sonal Responsibility Act, will result in one of such stature at that. I hope that Mr. GENE GREEN of Texas. Mr. 800 seniors going hungry every day in in the future we can have a more hon- Speaker, I appreciate the gentleman the city of Houston. est dialog. yielding. I hope and I pray that the PRA, the Mr. GENE GREEN of Texas. Will the I agree this is why we are here and to Personal Responsibility Act, was not gentleman yield? talk about the issues. I had not had an designed to deny senior citizens their Mr. KINGSTON. I would be glad to opportunity to read the Personal Re- Meals on Wheels but that will surely be yield time, but I have to make a state- sponsibility Act or deal with it until the result. ment on something else. Then if we run we had the hearings yesterday. Let me repeat. If the PRA is passed out of time, if perhaps someone on We had 6 witnesses, 5 of them called in its current form, there will be over your side would yield time, I would by the majority side and 1 of them 800 hungry seniors in or around the dislike to engage you, because what I called by the minority side. Of those 5, trict that I represent in Houston, TX. would like to talk about is entirely off and that is what I said, that of those 6 Not only will seniors go hungry, but on the subject. But I did feel it was appro- witnesses, 5 of them asked that that be page 74 of the PRA, it requires seniors priate to react to that which of course changed, that that PRA or the Per- under the age of 63 and not disabled to is why we are here, to have good sub- sonal Responsibility Act that deals work for their food. stantive debate on subjects. with senior citizens nutrition.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1147 They also asked for the school lunch That is why any discussion of welfare In other words, the ability of a min- program and breakfast program to be reform, must also include a discussion imum-wage worker to shelter, feed, and changed because the witnesses even of other reforms. One such reform is clothe his or her family becomes more called by the majority side said that minimum wage reform. and more difficult. that is wrong that we are cutting off Contrary to a popular misconception, If, while working full time, a person food to children and some of the pro- most minimum wage earners are has difficulty paying for housing, food, grams that have been developed over adults, not young people. and clothing, the basic necessities, he both Democrat and Republican admin- And, many of the minimum wage or she can become discouraged. istrations. But we used the testimony workers are from rural communities. The minimum wage affects many from the hearing yesterday and I called In fact, it is twice as likely that a min- workers in America. More than 4 mil- some senior citizens sites in my dis- imum wage worker will be from a rural lion individuals—6.6 percent of the trict and said, okay, just one provision community than from an urban com- labor force—worked at or below the of it that says that if you are under the munity. labor force in 1993. age of 63, how many people are served The most disturbing fact is that far Another 9.2 million workers earned in the Magnolia Multi-Purpose Center too many minimum wage workers have just above the minimum wage. in Houston that are under the age of 63 families, spouses and children who de- Mr. Speaker, it should interest us to and not disabled. pend on them. know that most of the minimum-wage That is disturbing, Mr. Speaker, be- workers are women. 2100 b cause a full-time worker, heading a In fact, three out of every five or 62 They told us, they said that this is family of three—the typical size of an percent of the minimum-wage workers the number we serve. They actually American family today—and earning a are women. And, minimum-wage work- serve 35 people who are not classified minimum wage, would fall below the ers are more likely to be poor. as disabled and under the age of 63. The poverty line by close to $2,500 dollars. Last Congress, we expanded the gentleman can look at the bill itself. It Imagine that. earned income tax credit, and that states if you are under 63, not disabled, In this country, a person can work, helps those families who battle poverty you have to agree to work, or sign an every day, full-time, and still be below each day. affidavit to say you are working. the poverty level. Work, in that situa- But, that tax credit, according to the Mr. KINGSTON. Reclaiming my time tion, is a penalty. Center on Budget and Policy Priorities, for the purpose of asking a question, I A review of the history of the min- does not go far enough to reach down am not sure about the details of that, imum wage is revealing. First imple- and bring the minimum-wage workers but if I am hearing the gentleman cor- mented in 1938, with passage of the out of poverty. We must do more. rectly, he is saying if somebody is 63 Fair Labor Standards Act, the min- When a person works, he or she feels years old and in good physical shape imum wage covers ninety percent of all good about themselves. They con- and able to work they are entitled to a workers. tribute to their communities, and they free meal just because of their age. Between 1950 and 1981, the minimum are in a position to help their families. The SPEAKER pro tempore (Mr. wage was raised twelve times. During Work gives a person an identity. LAHOOD). The time of the gentleman the 1980’s, however, while prices were Our policies, therefore, should en- from Georgia [Mr. KINGSTON] has ex- rising by 30 percent, Congress did not courage people to work. We discourage pired. raise the minimum wage. Increases in them from working when we force Mr. GENE GREEN of Texas. Maybe 1980 and 1991 brought the wage to its them to work at wages that leave them next week we can continue this dialog. current level, but did not bring it level in poverty. with the cost of living. f Soon, Congress will have the oppor- In 1980, during the period when there tunity to raise the minimum wage. The SPEAKER pro tempore. Under a were regular increases in the minimum previous order of the House, the gentle- Let’s make rewarding work and wage wage as costs rose, a worker, with a reform an essential part of welfare re- woman from Ohio [Ms. KAPTUR] is rec- family of three, earning a minimum ognized for 5 minutes. form. Let’s encourage people to work. wage, would have been above the pov- And, let’s insure that they can work at [Ms. KAPTUR. addressed the House. erty level. Work, in that situation, is a a livable wage. Her remarks will appear hereafter in prize. Let’s raise the minimum wage. the Extensions of Remarks.] Enlightened economists and most re- f cent studies now conclude that, in- f The SPEAKER pro tempore. Under a creases in the minimum wage produce no significant changes in employment previous order of the House, the gen- CLEAN WATER ACT AMENDMENT tleman from New York [Mr. OWENS] is either up or down—among low wage recognized for 5 minutes. firms. The SPEAKER pro tempore. Under a Raising wages does not mean losing previous order of the House, the gen- [Mr. OWENS addressed the House. jobs. A recent, comprehensive study tleman from California [Mr. FILNER] is His remarks will appear hereafter in dramatically demonstrates this conclu- recognized for 5 minutes. the Extensions of Remarks.] sion. Mr. FILNER. Mr. Speaker, today my f The State of New Jersey raised its colleagues and I from San Diego intro- INCREASING THE MINIMUM WAGE minimum wage to $5.05. It’s neighbor, duced a bill to amend the Clean Water the State of Pennsylvania, kept its Act to allow San Diego to treat it sew- The SPEAKER pro tempore. Under a minimum wage at the required level, age in a cost-effective and environ- previous order of the House, the gentle- $4.25. mentally sensitive manner. woman from North Carolina [Mrs. According to the study, the number This has been a long fight for many CLAYTON] is recognized for 5 minutes. of low-wage workers in New Jersey ac- of us. I have been fighting against non- Mrs. CLAYTON. Mr. Speaker, I sup- tually increased, following the increase sensical Fed requirements for more port welfare reform. Reform of our wel- in the minimum wage, while the num- than 6 years. fare system is best accomplished by re- ber of low-wage workers in Pennsyl- These efforts began when I was a warding work—by making work a prize vania remained the same. Those are member of the San Diego City Council. rather than a penalty. compelling results. During this time, I often found myself Work is a prize when a full-time Since April, 1991, the minimum wage on the losing end of 7 to 2 votes—be- worker can earn enough to pay for has remained constant, while the cost cause a majority of my city council did life’s necessities. of living has risen, yet another 11 per- not want to challenge the Environ- Work is a penalty when a person can cent. mental Protection Agency. But I was achieve a better quality of life when When costs go up and wages remain convinced—by my own research and getting public entitlements rather the same, the effect is that disposal in- the testimony of scientists from the than holding a job. come declines. prestigious Scripps Institution of

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1148 CONGRESSIONAL RECORD — HOUSE February 2, 1995 Oceanography—that San Diego was al- position and unilaterally trying to order for it to go into effect, the Con- ready doing the right thing for our enforce San Diego to spend billions of gress must act affirmatively. It must, vironment. dollars in unnecessary upgrades to its both Houses, must act and vote ‘‘yes’’ By 1992, my colleagues on the San sewage treatment system? After all, in order for that to be preserved. The Diego City Council came around and history shows that the two previous ad- reality is that the Congress rarely agreed with my position—that the re- ministrations vigorously pursued such takes a rescission up that the Presi- quirement to upgrade the Point Loma a lawsuit against San Diego. dent sends in that vein, and it dies for treatment plant to secondary stand- There is scientific proof that this leg- failure of the Congress to act. ards was ridiculous. islation is good environmental policy. In both cases, the Republican version When I first ran for Congress, I prom- Scientists from the highly respected and the substitute that we will be of- ised to solve this sewage problem. And Scripps Institution of Oceanography fering, the Congress will be forced to one of the first bills I introduced as a have concluded that upgrading from vote upon this within a certain time freshman in the 103d Congress was H.R. advanced primary to secondary treat- limit. I think it is important to note 3190, which is very similar to the bill ment—the treatment required by cur- that there are some letters flying that five of us introduced today. rent law—would have virtually no posi- around and discussion, is on an en- But, unfortunately, here in Congress, tive impact on our ocean’s ecology. hanced rescission, is on an expedited I also met with resistance. I was told In other words, the incredible costs rescission. The fact of the matter is other cities were required to meet the for a small incremental increase in the that whatever the policy wonks may secondary treatment standards, why purity of wastewater discharged into call it, in both cases, the Republican should San Diego be treated dif- the ocean could not be justified by any version and our version, you are talk- ferently? measurable environmental gain. ing about a modified line-item veto, I made it clear that my bill would in I have led the fight against this un- not a constitutional amendment, but a no way compromise the integrity of necessary requirement since the time I change in the statute. the Clean Water Act. In fact, by served as a member of the San Diego Now, where are the differences? The amending the law with common sense City Council—that’s over 6 years now. differences are very clear. The dif- changes based on science, my legisla- Today’s action is the first time that ference is that at the end of the day tion would ensure that the Clean Water the entire San Diego congressional del- after you go through the procedural Act had the flexibility needed to deal egation has united in this effort. And I hoops that each bill has, or the proce- with unique situations and at the same applaud my colleagues for making this dural requirements would be better time protect America’s waters. amendment a priority. stated, at the end of the day the Re- Mr. Speaker, let me explain. Existing I hope that all of my colleagues in publican version requires two-thirds law requires every city—regardless of the 104th Congress will agree with us. majority in order to overturn a rescis- environmental conditions and cir- As this regulatory dance comes to its sion; in other words, it takes two- cumstances—to treat sewage at the grand finale, the big winner will be the thirds of the Congress to say to the secondary level. Yet scientific studies ratepayers of San Diego. President, ‘‘We do not agree, and you have proven that sewage treated at the cannot take that item out.’’ chemically enhanced advanced primary f What that effectively does is to give level of treatment used by the city of b 2110 control of the Congress to one-third- San Diego, which removes over 80 per- THE LINE-ITEM VETO DEBATE plus-one, a minority. cent of suspended solids in the sewage My version, the Spratt-Stenholm- and discharges the treated effluent The SPEAKER pro tempore (Mr. Wise version, takes the other tack, more than 4 miles out to sea at depths LAHOOD). Under a previous order of the which is to say it requires only a sim- greater than 300 feet, does no environ- House, the gentleman from West Vir- ply majority in order to defeat a rescis- mental harm. In fact, eliminating ginia [Mr. WISE] is recognized for 5 sion, and so the Congress must vote, power-consuming secondary treatment minutes. but the majority rule is preserved, and and the additional sludge it would Mr. WISE. Mr. Speaker, I am going a minority does not control the appro- produce would spare the environment to speak tonight on the item that has priations process. from pollutants associated with waste- been under discussion so much today, Now, some argue that this really water treatment. which is the line-item veto debate, and does not make any sense, that since a The city of San Diego is blessed with I want to say starting out that I have half of the Congress already voted for unique environmental conditions. The consistently supported for a number of the total appropriations bill in which Continental Shelf drops off very sharp- years a modified line-item veto. the offensive item was included, that, ly from the California coast. There is a I voted on it at least twice in this therefore, why should anyone expect very active ocean current. It also has House; I voted for it. This House passed that the Congress would reverse itself, an ocean outfall that is specifically en- a modified line-item veto twice last that that majority would reverse gineered to maintain its surrounding session of Congress. It died in the other itself? The answer is very clear: An ap- waters so that our citizens can swim, body. propriations bill that leaves here, a fish, or boat with total confidence in I will be offering, along with the gen- total appropriations bill, is a large our water quality. tleman from South Carolina [Mr. package. It has many separate items in By the end of the last session, my SPRATT] and the gentleman from Texas it, and sometimes you will vote for the colleagues in the Congress agreed with [Mr. STENHOLM], a substitute to the bill entire package, because overall it is de- my position and unanimously passed that is here before the committee, a sirable even though there are indi- my bill to allow San Diego to apply for substitute to the Republican version of vidual items you disagree with. a waiver from the requirements of the a modified line-item veto. What we are saying is that now when Clean Water Act. And I have every con- Let us make clear what the goals are it comes back and the President has fidence that this Environmental Pro- for all of us in dealing with a line-item line-itemed out that offensive item, tection Agency will approve San veto discussion. The goals are twofold. that now you can expect the Congress Diego’s application for a waiver. First of all, the President be able to to take a fresh look at it, particularly So why introduce another bill? Be- veto items in an appropriation bill that since the Congress knows, every Mem- cause this new legislation will ensure he or she thinks are unacceptable and ber here knows, that their constituents that San Diego will not have to jump send them back to the Congress for a at home are looking to see how they though any more regulatory hoops. vote up or down. voted on this specific chance to cut the Mr. Speaker, it costs more than $1 The second goal is that all Members deficit and to cut the budget. million to prepare an application for a be held accountable and must be forced What is the significance of the dif- waiver—and these waivers are tem- to vote upon this veto. ference between the Republican version porary. The waivers are only good for a The present system says that the and our version in terms of the two- 5-year period. What is to prevent an- President can rescind an item, that is, thirds required to overturn versus the other administration from reversing its he can line-item it out, but that in majority? It is very simple. It is one-

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1149 third-plus-one. You believe that one- cially pleased to have the additional the ever sophisticated battlefields and third-plus-one, a minority, ought to be honor of serving on the National Secu- threats around the world. We need our able to control whether or not an item rity Committee, formerly the Armed equipment ahead of time, not in the is preserved or not. I think that is too Services Committee. This committee middle or after the fact because at that great a shift. The reality is almost no assignment gives me the unique oppor- point it is too late. rescission by the President will be tunity to examine our military and its No. 5, we need a sound ability to de- overturned. overall capabilities to fulfill its mis- ploy our troops to crises around the Some may say, ‘‘BOB, you may be sions in detail. world and especially as our force struc- concerned about an item in West Vir- This will be a challenging assign- ture declines. It is key that we main- ginia that would be line-itemed out.’’ ment, but we have the wisdom and the tain an ability to influence world Certainly. But I think that if I can very capable leadership of two veterans events through the rapid deployment of come to the floor and convince the ma- of this committee to guide us, first, the men, women, material and equipment jority of Members, the simple major- gentleman from South Carolina [Mr. in situations that affect our national ity, that it is in the country’s interest SPENCE], the chairman of the full com- interests. and it is a valid item, that it should be mittee, and the gentleman from Cali- Our military forces have taken the preserved. fornia [Mr. HUNTER], the chairman of brunt of budget cutting for too long. It Today it may be my problem. Tomor- my subcommittee, the Procurement is clear that statistics are now indi- row it may be somebody else’s problem. Subcommittee. cating that our level of defense spend- Those of you from defense industry Mr. Speaker, I am concerned today ing has now reached amongst the low- States, for instance, may feel some for the ability of our military to per- est level since since prior to Pearl Har- concern about what happens to mili- form the many tasks we require of bor. for a Nation of our size and eco- tary installations and defense projects them, given the drawdown of our forces nomic significance it is time that we that are so important, knowing that and the precipitous decline in funding question whether in fact we are devot- one-third-plus-one and an unsympa- over recent years. Any inability to per- ing the resources that we need to the thetic President, whoever, whenever form missions is, I must stress, not for crises that we may be asked to con- that could be, could completely play the lack of dedicated, professional, ca- front. havoc with your particular concerns. pable American men and women in uni- This is a majority-rule country, 50 form. I think this is not a blank check. I percent, and so I would simply ask I am concerned that we, as a Nation, think defense is on the table as we look Members to look closely at the Spratt- and specifically as a Congress, have not at the budget, along with everything Stenholm-Wise substitute that will be given our military the tools, the train- else other than Social Security. But I offered, and I might add as well, that ing, the equipment, and the support think we have to examine carefully our the gentleman from South Carolina they need in recent years commensu- needs and be prepared, if necessary, to [Mr. SPRATT] and the gentleman from rate with the missions we have given devote the budgetary resources nec- Texas [Mr. STENHOLM] will be offering essary to insure military success in an additional amendment should our them. That is why I am looking forward to any contingency. substitute fail. We will be offering an Toward that end I look forward to additional amendment that would sim- the committee hearing process this our committee work this year and will ply add the provisions of this legisla- year. It will give me and my colleagues tion to the existing Republican version the opportunity to judge exactly the be working hard especially with my in case the provisions of the Repub- state of readiness that currently exists chairman, both the gentleman from lican version are struck down as un- in our forces and that we need to do to South Carolina [Mr. SPENCE] and the constitutional or should the President restore the level of efficiency and read- gentleman from California [Mr. choose to follow the process that we iness we think is desirable. HUNTER] to do what is necessary. have outlined versus the one that the In examining the state of readiness of I think it is also important that we Republican version outlines. our forces, I think certain basic ele- establish the fact that in this new Con- Let me also, as I finish up, reassure ments are guideposts. First, the qual- gress defense is going to be receiving everyone in both cases you are guaran- ity of life for our service men and the same level of scrutiny as any other teed a vote in this Congress. You do women and their families must be high, program in the budget. It is interesting not get away from that, and no Mem- especially since we ask them to per- that in the last 3 weeks, since this Con- ber gets away from having to go on the form long hours often away from home gress first began to consider legisla- record, and in our case, it is usually 10 for months at a time. tion, that our first major piece was the days from the time that the President Mr. Speaker, I have been privileged Congressional Budget Accountability submits that rescission to Congress. to serve as a member of our armed Act, which held the Congress to the I urge Members to take a close look services, particularly amongst the first same standards that we hold the rest of and to vote for majority rule in this marines and rangers assigned to north- the Government and the rest of the pri- process. ern Iraq during Operation Provide vate sector. Comfort in the days in the aftermath f Our next major piece of legislation of Desert Storm, but I am also proud to was the balanced budget amendment. EXPRESSING CONCERN FOR OUR have served with soldiers, sailors, air- Just several days ago we passed un- MILITARY men, and marines over a period of time funded mandates legislation. Again, in The SPEAKER pro tempore. Under both on active duty and as a reserve of- the course of looking at both the bal- the Speaker’s announced policy of Jan- ficer, and I can personally vouch for anced budget amendment as well as the uary 4, 1995, the gentleman from Maine the high quality and standards under unfunded mandates legislation we were [Mr. LONGELY] is recognized for 60 min- which they serve. confronted with numerous requests. In utes as the designee of the majority Our forces, No. 2, must have ade- fact, in the case of unfunded mandates leader. quate, realistic, comprehensive train- nearly 160 different amendments that Mr. LONGLEY. Mr. Speaker, it is a ing to professionally meet the many sought to carve out special exceptions privilege and an honor to be part of challenges they face in this still very from the unfunded mandate provisions this historic 104th Congress and to ac- dangerous world. tively participate in one of our most of our legislation, the same type of op- sacred and basic responsibilities, insur- b 2120 position and exception was brought to ing that the military forces of our No. 3, they must have adequate spare the balanced budget amendment de- country are prepared to fulfill any parts and equipment both to train real- bate. task, defeat any threat, and perform istically and to engage in potentially I mention that because this after- any mission their civilian leadership hostile missions. noon this House defeated an attempt to calls upon them to execute. No. 4, we need modern equipment. It apply special provisions for the Defense While this responsibility falls to is essential, as we cannot afford to stop Department under the line-item veto. every Member of Congress, I am espe- the replacement of equipment to meet That provision was defeated.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1150 CONGRESSIONAL RECORD — HOUSE February 2, 1995 As a Congress we intend to stand be- defense spending and that we are ap- the threats that we could potentially hind principle, we intend to be con- proximately 35, as much as 40 percent face throughout the world, including sistent and we intend to confront the below the level of spending in real dol- the need to face two regional crises si- issues that we must confront in every lars than we were in the 1986 budgets in multaneously, that we are not commit- area of the budget. It is on that basis the last several years of President Rea- ting the resources that we need to that I feel very strongly that if we gan’s term in office. meet the threats. In fact, there is some work and look realistically and hon- What is very interesting is I am ad- question not only whether or not we estly at the issues that confront us and vised under the Bush administration can confront two regional crises, but the crises that we may be asked to con- that cuts proposed resulted in cuts of whether in fact we would be able to front, the needs of our defense will be personnel of approximately 600,000, sustain a single major crisis. meaning not only cuts in the military self-evident and evaluated on the same b 2130 basis as every other national priority. but lost jobs in the defense sector, Mr. Speaker, I yield to the gentleman about 600,000, and that when we con- Obviously we have got a level of com- from California. sider the current cuts proposed in the mitment and dedication in our armed Mr. HUNTER. I thank the gentleman current administration’s budget that forces. I have every confidence that for yielding. could be 1.2 million jobs in this coun- they are highly motivated and that Mr. Speaker, I and a lot of other try. they are doing the best to maintain members of the Committee or Armed You know, jobs are important, not their training and readiness, and I Services have been looking forward to only because of the fact that they give know that they are dedicated enough listening to the gentleman from Maine productive employment to our citizens, and will meet any mission that we talk about national defense because he but they also represent some of the might assign to them. has a special background of expertise, highest paying jobs in this country. But again the underfunding, based on having been a Marine, having worked But even going beyond that, this is the commitments, the level of commit- in Iraq during the post-Desert Storm about much more than jobs; it is about ments that we seem to be seeing period. He understands operational re- making sure that we have a strong na- throughout the world, indicate to me quirements and problems, he under- tional defense and that we are applying that it is time for very serious reexam- stand systems and he understands peo- the resources that we need to meet the ination, and I might mention, as I men- ple, especially the people of the U.S. crises that we may be asked to con- tioned earlier, we passed the Congres- military. I look forward to listening to front. sional Accountability Act which is ap- him tonight. Again, I am appreciative of the ad- plying to the Congress the same stand- I might just say with respect to the ministration’s effort to reinvent gov- ards that we apply to the private sec- dollars that are spent on national secu- ernment. But it might interest our lis- tor. We passed the balanced budget rity, I saw an interesting fact when teners to know that although the De- amendment in this House and sent it looking over the defense budgets that partment of Defense only comprises 40 off to the Senate. Again we passed a this House and the other body and the percent of the civilian work force in clean amendment. We have protected President have passed over the last 10 this government, as much as 75 percent no area of the Government from scru- years or so. If you take President Clin- of the cuts in full time equivalent posi- tiny that the balanced budget amend- ton’s defense plan and look at the 1998 tions are occurring in the Defense De- ment will force. At the same time we projection and you compare that to the partment in the area of defense. have got unfunded mandates legisla- 1988 defense budget, the annual budget, I do not think that it is fair that the tion that, in fact, we have specifically and you compare them in real dollars; Defense Department is unjustifiably prevented the opportunity for anyone that is, in 1987 hard dollars, so you dis- singled out, particularly given the to carve out specific areas where the count inflation, the national defense level of commitments that we cur- Congress could fail to have to take re- budget of this country, the annual rently maintain. sponsibility for spending or mandates budget in 1998 will be $100 billion less There is also a more important point that might be forced on our local and than the budget was in 1988. that needs to be made. Our defense State government, and again, as I men- So it is clear that this President has budget, our resources must be in line tioned this afternoon under the line taken most of the budget cuts from na- with our commitments. There is a need item veto, we are treating defense on tional security. for a balance. Our commitments can- the same basis as every other aspect of I know the gentleman is a historian not exceed our resources and our re- the Government. of sorts, that he has looked at military sources must be adequate to our com- I might mention that 2 days ago the history and understands that after mitments. But they have to be in bal- House Committee on National Secu- every conflict in recent times, World ance, neither one can be out of line rity, formerly the Committee on War II, Korea, Vietnam, and finally the with the other because if we do not Armed Services, as I mentioned, closure of the Cold War, we have cut have the resources we need to cut back worked up and marked up for for- deeper and in worse ways than we on the commitments, and by the same warding to the House floor H.R. 7, the should have. We have cut the wrong token if we make the commitments we National Security Revitalization Act, systems in many cases, and we have have to make sure we have committed and again it is important to know that cut too deep and too soon. adequate resources to be able to fund we are following consistency and prin- I am reminded of General Marshall’s our objectives. ciple in the way we address these words after World War II when he was I am advised that based on the ad- issues. H.R. 7 is an important first step asked how the demobilization was ministration’s own bottom-up review toward restoring United States na- going. He said this is not a demobiliza- two separate analyses of the bottom-up tional security to the levels expected tion, this is a rout. review indicate that the strategy that by the American people. It establishes A few years later in Korea we were the administration is pursuing, includ- a policy framework on national secu- unable to stop a third rate military ing as it relates to the funding, is that rity issues, a policy framework that is from marching right down the penin- there are discrepancies of everywhere. designed to establish the threats that sula. In the case of the General Accounting we face and provide a framework by So I look forward to the gentleman’s Office, there was an estimate that the which the party, the new Republican words. I think they come at a very im- defense was being underfunded to the majority, and the Democrats in the portant time in our history. tune of $150 billion. By the same token, Congress through the normal budget Mr. LONGLEY. Mr. Speaker, I appre- the Congressional Budget Office made authorization appropriation process, ciate the comments of the gentleman a similar estimate of between $65 bil- can ensure that we are dealing ade- from California [Mr. HUNTER]. lion and $110 billion underfunding. quately with needs of our defense and I think the gentleman has made some That means that based on the struc- the resources that it might compel. very important points. I am advised tural needs identified in the bottom-up But what is very significant is that now that this fiscal 1995 budget is the review, based on our national defense this bill passed on a bipartisan vote of tenth consecutive year of real cuts in strategy and the defense strategy and 41 to 13, again a very

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1151 strong commitment from Members of structure, equipment and readiness are concerned that our forces are not only both political parties behind a National to the standard that the American peo- being committed extensively but Security Revitalization Act. ple expect. whether we have got and in fact have Several provisions that are also very I might mention and it might be ap- devoted the resources that are going to important, some that may even be con- propriate to cover briefly many of the be necessary to make sure that we troversial or that will compel further different commitments that we have, maintain the level of defense posture public discussion, but we supported a many of them that are recent in na- around the world that, again, leaves no requirement to deploy, to develop and ture, and frankly I think that the ex- question in any adversary’s mind of deploy, theater and national missile pectation at the end of the cold war our ability to defend our vital inter- defenses, a critical capability long ne- was—our experiences proved contrary ests. glected, and one of the issues that to what we have actually seen in fact. I would like to end and spend the came up in committee and, I am sure, As my colleagues know, as I speak on next several minutes not talking about is going to come up on the floor of this the floor of this House we have forces abstract issues of defense strategy, or House is that we are saying that it is in Cuba handling significant numbers weapons systems, or funding, but I time to eliminate much of the distinc- of refugees. We have the same commit- would like to talk a little bit about the tion, frankly the artificial distinction, ments in Panama. In fact, Mr. Speaker, people, and I have been privileged to that has been made between theater I am advised that between the two dif- meet many of our men and women in antimissile defense and national or bal- ferent locations we have as many as 20 uniform, particularly as a new Member listic missile defense. In fact the tech- or 30,000 refugees being cared for by of Congress. nology has advanced and accelerated to thousands of American men and women b 2340 the point where the technology that we in uniform. We have nearly 7 to 10,000 saw demonstrated so vividly during forces in Haiti, and again those forces Most recently, a week or two ago, I Desert Storm in fact can potentially be may be withdrawing shortly, but pres- had an opportunity to visit at the extended to prevent us against threats ently they are engaged in a very impor- Brunswick Naval Air Station, located from intercontinental ballistic mis- tant mission. Some of us may have dis- at Brunswick, ME, in my district. I siles. I recognize this is going to cause agreed as to whether or not it was ap- wanted to visit that installation to changes in national policy, but again it propriate to commit those forces, but learn about the important role of the has become evident that the tech- now that they are there we are a hun- P–3 maritime patrol aircraft, the mis- nology exists for missiles to be di- dred percent committed to seeing that sions they are assuming. I was very rected at this country, but simulta- they have what they need to fulfill the surprised to learn in my own district in neously the technology also exists for mission they have been assigned. Maine that men and women had been us to find methods by which we can Furthermore, we have commitments committed overseas, not only in Bos- counter that threat to the innocent in Bosnia. In addition we have commit- nia. In fact, during the day of my visit, men, women and children of this coun- ments in Kuwait in the Persian Gulf, one of the squadrons was returning try, and I think it is important to un- and again the subtleties of defense pol- from duty in the Adriatic area, again derstand that. icy are sometimes difficult to articu- serving our national interests and serv- I was also somewhat surprised to late, difficult to understand, but per- ing the interests as they have been ar- learn in the course of my studies on de- sonally I am of the opinion that one of ticulated and committed to by our fense issues in the last several weeks the reasons we were forced to commit Commander in Chief. Not only were the important role that the Aegis de- forces to Kuwait in the Persian Gulf in they serving in the Bosnia region, but stroyer program plays and might po- the latter part of last year was based in fact they had actually seen service tentially play in the antimissle defense on the fact that we had undertaken in the Somalia area, in the Gulf, in the systems in terms of the role of not only commitments in Haiti and the inter- Middle East and the Atlantic and the the theater antimissile defense sys- relationship, if you will, between our Mediterranean. That was a surprise to tems, but what this technology may military action in one part of the world me, even as someone who is a veteran represent in the future, and again these and what it potentially signals to po- of military service, to learn that an in- are issues that I am sure my own con- tential adversaries in other parts of the stallation in my own district was play- stituents may not even be aware of, world in terms of their estimate of our ing such a critical role overseas, again but this type of technology needs to ability to respond. And again this helping project the American military move forward, and I think that we are underlies the fact that it is imperative presence in areas of the world where if going to see that start to happen once that our national defense be second to was necessary. the National Security Revitalization none and that there be no question in I was privileged to spend some time Act is moved forward and passed, hope- anyone’s mind of our commitment and with Capt. John Rodgers, the com- fully, in this House. our willingness to do what we need to manding officer of patrol wing 5, based We have also established provisions do to defend this great country and its in Brunswick. In addition, with Dave designed to limit the placement of the interests overseas. Nelson, the commanding officer of the United States troops under United Na- We are all familiar with what has air station. Both gentleman were ex- tions command. We have asked, and been happening in North Korea. We tremely helpful to me in helping to un- this legislation will require, congres- have commitments in Rwanda in Afri- derstand not only the important role of sional prior authorization before mili- ca. We still have commitments in the facility and its strategic location tary forces can be deployed for certain northern Iraq, a part of the world that along the North Atlantic and access to U.N. peacekeeping operations. I was privileged to serve in. We have the North Atlantic sea lanes, but also And finally, based on the threats upcoming commitments in Somalia. I the important missions served by the that exist to us throughout the world, have not even discussed what is hap- men and women of the P–3 squadrons we have established a bipartisan com- pening in Russia and the Soviet Union, in Brunswick and the P–3 squadrons in mission that would consist of equal the threat that potentially is rep- the U.S. Navy around the world, and Members of both parties, appointed by resented in the Middle East arising out again how important they are to the the Speaker, appointed by the leader- of the Chechnya rebellion, as well as Navy’s mission and to the mission of ship in the Senate and by the Presi- the instability in the Middle East and the American military. dent, that would be instructed to re- Israel, the real concerns that many Again, I had a great opportunity to visit the defense policy blueprint, the people have as to the peace process and meet not only some of the men and bottom-up review, to ensure that we again our need to project the level of women returning from Bosnia, but par- adequately identify these threats that strength in the Middle East and around ticularly Comdr. Frank Munoz, the ex- we face, the strategies that we need to the world that will make it absolutely ecutive officer of patrol squadron 10. I confront those threats, the force struc- clear that we will not be challenged by was very surprised to learn not only ture that will be needed to implement any adversary, again a number of seri- had he just finished a 6-month deploy- the strategy and the resources that we ous issues, very expensive in nature, ment, he was greeted by his wife and will need to make sure that our force and part of the reason that I am very children who obviously missed their

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1152 CONGRESSIONAL RECORD — HOUSE February 2, 1995 husband and father, but it was actually area, knowing that the men and women subjected to intense automatic weapon his second deployment in the course of of the Navy and the Air Force were in and rocket-propelled grenade fire, M. 12 months. Again, a perfect example of the skies above the area to protect us Sgt. Gordon, when he learned that the level of commitment that our men if necessary on a moment’s notice. ground forces were not immediately and women in the armed services have But most important, a number of available to secure the second crash to their jobs and to their missions. constituents, residents of the State of site, he and another sniper Recently also I had an opportunity to Maine. Capt. Nils Sjostrom, whose par- unhesitatingly volunteered to be in- visit the headquarters of the com- ents live in West Southport; Lt. Stacy serted to protect the four critically mander in chief of the Atlantic Fleet, Murch, a young naval aviator and a re- wounded personnel of the two downed cent graduate of the University of particularly to spend some time with helicopters, despite being well aware of Maine at Orono, again at sea, flying Rear Adm. Vernon Clark, the deputy the growing number of enemy per- commander in chief of Atlantic Naval the training missions required of his sonnel closing in on the site. Forces, who was kind enough to pro- duty. His mother lives in Harrison. vide a small congressional delegation Also Cory LaPlante of Norridgewock, with a briefing on our threat and forces Stephen Willard of East Baldwin, Ed- b 2150 posture in his areas of responsibility. ward Hood of Caribou, Benjamin I might mention that this young man Then a surprise, and a pleasant sur- Crehore of Westport Island, and Mi- prise at that, I had an opportunity to chael Nantkes of Lincoln. Again, young did not volunteer once, did not volun- visit with Vice Adm. George Emery. men from the State of Maine, some of teer twice, he volunteered three times Much to my surprise I learned that the them from my district, doing their to be inserted to go to the aid of those commander of Submarine Forces At- duty, 7 days a week, 24 hours a day on wounded personnel. And as the citation lantic is a native of Springvale, ME, a vessel of our Navy. Again, this is the states, ‘‘after his third request to be in- again in effect a constituent, certainly type of commitment that we are seeing serted, permission was finally granted. a native of the great State of Maine. with our young men and women in uni- He was inserted 100 meters south of the But again, both individuals highly form. crash site, equipped with only a sniper committed to their work and very seri- I might mention not only the young rifle and a pistol,’’ and I do not need to ous in their concern and willingness to men and women in uniform, but the mention that those were weapons that perform their duty in the interests of kind of infectious example that they were not necessarily adequate to the this country. set and the impact that their service situation he was confronting. I also had a chance to spend some and their values have on others. I was Through pure courage, MSgt. Gordon and time with Comdr. Jack Loye, the com- pleased to have with me on the day I was in Brunswick my chief of staff, his fellow sniper proceeded under intense manding officer of the U.S.S. Toledo, a small arms fire and fought their way to new Los Angeles attack submarine Floyd Rutherford, and he brought his reach the critically injured crew members. which will be commissioned shortly. I two boys with him, Chip Rutherford MSgt. Gordon immediately pulled the pilot had an opportunity to visit his boat, and Chris Rutherford. And again, those and other crewmembers from the disabled his submarine, as well as talk with young children, those young men, aircraft and established a perimeter which members of his crew and to see first- young boys, were very touched by the placed him and his fellow sniper in the most hand the level of pride, dedication, and standards and the professionalism that vulnerable position. They were there to pro- commitment that each of these indi- they saw exhibited to the point that tect the wounded. viduals had to fulfilling their mission they might at some time want to con- Despite the fact that Gordon was critically in the course of serving in the Navy sider service in the Navy or in the low on ammunition, he provided some of it and aboard the U.S.S. Toledo. armed services. And again, that is the to the dazed pilot and radioed for help. He Again, knowing and seeing firsthand, kind of positive impact that the train- then continued to travel the perimeter, pro- learning how difficult it is to perform ing and discipline of military service tecting the downed crew. After his team in our military today, particularly in has on our men and women, particu- member was fatally wounded, and Gordon’s the case of a submarine where you larly on those civilians and those who own rifle ammunition was exhausted, MSgt. could literally spend months at sea come in contact with them. Gordon returned to the wreckage, recovering a rifle with the last five rounds of ammuni- with little or no contact with your But I want to end on a final note, and this is something that underscores for tion and gave it to the pilot with the words, family. ‘‘good luck.’’ Then armed only with his pis- I had an opportunity also to visit the me what this is really all about, the tol, MSgt. Gordon continued to fight until he U.S.S. Theodore Roosevelt. Again it was level of commitment of our men and was fatally wounded. His actions saved the a bad weather day, but we flew out to women in uniform. There was a resi- pilot’s life. the flight deck, landed on the flight dent of our great State, M. Sgt. Gary deck. The Roosevelt was approximately Gordon, who gave his life in Somalia. Where, Mr. Speaker, where do we find 200 miles out at sea, and despite the And I thought that I might end this men of this caliber? This is what it is bad weather, it was performing its presentation this evening by reading all about. And the irony of this situa- training mission prior to upcoming de- from the citation which by direction of tion, a terrible irony, a tragic irony, is ployments. the President under a joint resolution that when we do not have the equip- I had an opportunity to spend some of Congress he was awarded the Medal ment, the resources that we need to time with Rear Adm. Steve Abbott, the of Honor for conspicuous gallantry and fulfill the mission, we still have the commander of carrier group 8, a com- intrepidity at the risk of his life above commitment of the American men and mitted admiral and playing a very im- and beyond the call of duty. And I women who man our armed services, portant role with this carrier task don’t need to mention that the award who are willing to give their lives in force. I also met the commanding offi- was made posthumously. But I would such situations. And that is what this cer of the ship, Capt. Ron Christiansen, like to read the type of situation that is all about. and Comdr. Tank Rutherford, the exec- he confronted, so that people listening If we are going to commit our forces, utive officer of the Roosevelt. tonight can understand again how Again there was a special signifi- deeply committed the men and women we need to do whatever we need to do cance for me to visit the Roosevelt be- of the armed services are. to make sure that they have the equip- cause during my time in northern Iraq M. Sgt. Gordon was serving in Octo- ment, the training, the resources, that with the marines of the 24 Marine Ex- ber 1993 in Mogadishu as a sniper team go along with the commitment. And if peditionary Unit and in serving with leader. His team was providing preci- there is a final irony in the tragic situ- the rangers and the sailors and the air- sion fire from a lead helicopter during ation that occurred on that October 3, men assigned to that part of the world, an assault. I am going to read from the 1993 in Mogadishu, is that after this the Theodore Roosevelt was one of the Medal of Honor citation exactly the event, the forces there finally received naval vessels that was providing sup- way the official record reflects his the M–60 tanks that they needed, the port for our mission. duty. armored personnel carriers and other I cannot begin to describe the feeling They were providing covering fire at equipment that if that equipment had that one has on the ground in a hostile two helicopter crash sites, and while been available on that day may have

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE February 2, 1995 CONGRESSIONAL RECORD — HOUSE H1153 saved MSgt. Gordon’s life, as well as And further the Bureau of Labor Sta- cal year 1994, training readiness de- the lives of the other 17 men that were tistics estimates that 1.2 million declined for the Navy’s Atlantic and Pa- killed in that action. That is what this fense-related private sector jobs will be cific Fleets. Funding shortfalls for that is all about. lost by 1997. That is accurate. fiscal year resulted in grounding of Mr. Speaker, when we commit our The bill goes on to state and define Navy and Marine Corps aircraft squad- forces, we do not have the time, it is that in missions involving U.S. peace- rons and cancellation and curtailment past the time where we can make the keeping and humanitarian efforts in- of Army training exercises. funding decisions, where we can devolved in the fiscal year of 1994, over Those are symptoms of a return to a velop the resources, the equipment, 70,000 U.S. personnel—I think it was hollow military. where we can provide the training they mentioned by one of our experts that As of January 1, 1995, military pay is need. When we commit our forces they the Bosnian airlift has gone on for approximately 12.8 percent below com- are on a moment’s notice. They have longer than the Berlin airlift—United parable civilian levels. As a result, it is got to be ready at that time. And, Mr. Nations’ assessments to the United estimated that close to 17,000 junior en- Speaker, that is what this is all about. States for peacekeeping missions to- listed personnel are having to take Mr. Speaker, I yield to the gentleman taled $1.5 billion. We pay 31.7 percent of food stamps. from California [Mr. HUNTER]. all the peacekeeping costs that the b 2200 Mr. HUNTER. I thank the gentleman, United Nations incurs. Mr. Speaker. And coming from his At the same time the United States The Secretary of Defense may not background and as a marine officer, I of America undertakes unilaterally its like that fact, but that is the fact. think that his description of the impor- own military missions like airlift mis- They came out of his Pentagon. tance of our national security posture sions in Africa, in Bosnia, and other Mr. Speaker, farther, and one factor and especially his description of the places. And we pay for that ourselves. that really influenced at least the Re- people who gave their lives for us in The French do not help us. The British publican leadership’s decision to spon- Somalia in Mogadishu is especially fit- do not help us. We know the Japanese sor H.R. 7, the National Security Revi- ting. do not help us. They are tight with talization Act, we looked at what I thank the gentleman for his exper- their dollars. So we pay for our unilat- President Clinton wanted in terms of tise, and I look forward to working eral efforts and then we also pay the force structure. He decided he wanted with him this year, because he is on lion’s share of the contribution to the to take our Army divisions from 18 to the Committee on Armed Services. And United Nations operations. 10. He decided he wanted to take our we are all going to listen to him, junior Let me tell you what happens. The air wings from 24 to 14. He decided on member and senior members will listen gentleman well knows that when we our reductions in Navy ships that were to the gentleman from Maine. are involved in these pacekeeping ef- fairly massive. He decided on making a Let me just add that we passed, in forts, we do what people in the mili- number of cancellations of weapon sys- the Committee on Armed Services, a tary call ‘‘taking expenses out of tems. few days ago H.R. 7, that is the bill to hide.’’ But even to support that constrained, revitalize the National Security Act of Taking expenses out of hide means reduced force structure, the General the United States. And that was re- that because we are paying for these Accounting Office found that the Presi- ferred by some people as a campaign peacekeeping operations in Rwanda, dent’s budget, the amount of money promise that Republicans made and a Haiti, Bosnia, and other places, troops that he made available to us to support lot of words but lacking in substance are going untrained. That means, as the forces of Army and Navy and Ma- and somehow something that did not the gentleman from San Diego, my rines that we wanted, was $150 billion justify a serious debate and serious ac- seat mate, the gentleman from Cali- short. He did not give us enough money tion. fornia [Mr. CUNNINGHAM], says, top gun to do what he told us to do. Let me just say that in going over all does not get to go through its exer- That is according to the General Ac- of the findings and recommendations cises. As he says, pilots fight like they counting Office. The Congressional and provisions of H.R. 7, I feel that the train. The way you keep your pilots Budget Office came up with a figure Republican leadership and now a bipar- alive in combat is to train them well. that was less than $150 billion, but tisan majority of the House Committee But they do not get that training be- nonetheless a very substantial figure, on Armed Services, which endorsed cause we are taking those readiness many tens of billions of dollars. this bill, has taken a step in the right dollars, those dollars that maintain So we were faced with a situation in direction. their combat readiness, and we are which the President apparently, ac- For those people that said that this spending those on peacekeeping oper- cording to our analysts, is not giving was not a factual set of findings, that ations. enough money so that the people that somehow we were overblown with re- I would challenge any Member of the the gentleman from Maine [Mr. spect to the crash in national security, House who wants to utter derogatory LONGLEY] spoke about so poignantly, let me just go through a few of the sta- words with respect to the facts that are our fighting soldiers, will have the tistics. in H.R. 7, I would challenge any of right equipment, the best equipment to We said that there have been, be- them, as I challenged the Secretary of carry out very dangerous missions. tween 1993 and 1999, budget plans for Defense to find any factual mistakes in Mr. LONGLEY. Mr. Speaker, I would American defense that has cut defense the findings that we made in this bill. like to just propose a question. I would spending by $156 billion. That is abso- Further, the bill goes on to say that be very interested in any thoughts the lutely accurate. President Bush cut de- a return to the hollow forces of the gentleman has on this. fense spending by in excess of $50 bil- 1970’s has already begun. The Secretary Could the gentleman address the lion, conferring then Secretary of De- of Defense took issue with that. He issue of what the underfunding does to fense Dick Cheney, Chairman of the said, that is not true. We are by far the the leadership in terms of the types of Joint Chiefs, Colin Powell, and others. most ready and the best military in the decisions that they need to make, the President Clinton came along and cut world. day-to-day decisions based on the fi- national security $127 billion below the Well, that is true. We are, as of right nancial necessities of maintaining the level that President Bush cut. now, the most ready military in the forces, particularly the high levels of So the facts that are laid out in H.R. world. operation and high levels of deploy- 7, the National Security Revitalization But we say that a return to the hol- ment, and how that has an insidious ef- Act, are absolutely accurate on that low forces has begun. And let me tell fect on our military structure? point. you some of the symptoms. Mr. HUNTER. Mr. Speaker, I would It also states that during the fiscal In 1994, one third of the units in the be happy to tell the gentleman that year 1995, we are reducing DOD by Army contingency force and all of the when you are forced to use your money about 182,000 people. That is a rate of forward-deployed and follow-on Army for the peacekeeping operations, if that over 15,000 per month or over 500 people divisions were reporting a reduced is what the gentleman is talking about, per day. That is absolutely accurate. state of military readiness. During fis- these new missions the President gives

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H1154 CONGRESSIONAL RECORD — HOUSE February 2, 1995 you—for example, when our marines payroll in his district, so we did have listic missiles. We cannot avoid that, came back from Bosnia, my under- bases that did not perform a strong we cannot deny it. We cannot say, standing is they were given 12 days military mission. We did need to close ‘‘That is war in the heavens, and we are with their families after being away for those. not going to participate,’’ because many months, and sent immediately However, what we have done now is those missiles go up into the sky but into the Haiti theater. we have gone beyond closing those they come down and they land in cit- When that happens, and when the bases that are truly useless. We have ies, they land on military bases, they military has to use its money for oper- started closing bases which have a real land in the theaters where our young ations, that means that they have to military requirement, but beyond that, people in uniform serve. stop training exercises in many cases. we are not closing the bases effec- We live in an age of missiles. We have That is why three Army divisions, tively. to realize that, just like our forebears three of our top Army divisions, were What has happened is that in closing learned at the start of the century that given C ratings that were less than bases, we have bought ourselves mas- we had entered the age of machineguns combat ready. That means that they sive environmental problems and mas- and we had entered the age of tanks do not have enough money for training. sive environmental costs, and we now and armor, and we had to adapt to That means that they do not have am- see that it is costing us a ton of money that. munition for training, perhaps. That to close the bases, much more than we We still had a few old generals who means that their equipment is not kept ever anticipated. wanted to keep the cavalry because up to speed. What that means is like an uncle who they loved the cavalry. We had cavalry Last year we did about 64 percent of has a string of condominiums. He just training operations up into the 1930’s. what we required in terms of depot- wants to give them away to his neph- Some of them said, ‘‘Boys, we just level maintenance. That means our big ews, but his nephews tell him, ‘‘Uncle, want to get faster horses, that is the equipment that we needed to take into before you give those condominiums to answer.’’ But that was not the answer. the shop and get fixed so we could take us, free of charge,’’ like we want to The Democrat leadership has been re- it out on the next operation, we only give a lot of our bases away to States luctant to acknowledge that we live in did about 64 percent of what we had to and counties and cities, ‘‘we want to an age of missiles. I will never forget do. That means that some equipment charge you $1 million apiece to clean watching Walter Mondale standing at was 64 percent ready, and that means, them up.’’ the Democrat Presidential nomination in shorthand, if you had 100 tanks, you So we are spending a lot of our mili- convention in San Francisco and say- fixed 64 of them, not 100 of them. tary money paying lawyers who are in- ing of the Republican idea of defending What it does is make our military volved in lawsuits and administration ourselves against incoming nuclear less ready to be able to respond to a na- of environmental laws with respect to missiles, ‘‘That is war in the heavens, tional emergency. That is bad. our bases. We are not moving a lot of and I will never participate in that.’’ Does that answer the gentleman’s dirt, we are not really doing a lot of I cannot help but think, because Mr. question? real substantial cleanup work. We are Mondale is a fine gentleman, that if he Mr. LONGLEY. It does, Mr. Speaker. basically paying now a massive bu- was watching CNN and watched Amer- Could the gentleman address the reaucracy which shoves paper back and ican Patriot missiles shooting down in- issues relating to the base closing proc- forth to its various members and gets coming Scud ballistic missiles—that is ess? Are we really reconsolidating and paid for it, and at the same time keeps a slow ballistic missile, but a ballistic realigning our facilities? the bases from totally closing, and all missile nonetheless, made by the So- Mr. HUNTER. If the gentleman will that money comes out of the military viet Union—I am sure that when Mr. continue to yield, the base closing budget. Mondale saw that incoming Scud com- process, to answer the gentleman, was I would say to the gentleman now ing into an American troop concentra- supposed to be a process in which we that instead of spending as much tion, young men and women from the cut military infrastructure. By cutting money as we should on fuel, on flying United States stationed in Saudi Ara- down the overhead in the rear, just like time, on steaming time, on ammuni- bia, and he saw a Patriot missile shoot a business, if you have a lot of people tion, we are now spending an extraor- up just like a bullet hitting a bullet out there making products and you dinary amount of money with lawyers and destroying that Scud, I am sure have a lot of people in the back offices and environmental regulators in the Walter Mondale, who said ‘‘I will never who are executives, if you close down base closure business, so we have be- participate in war in the heavens,’’ some of your overhead, that is all the come ensnarled in a massive bureauc- probably said ‘‘Thank heavens.’’ white collar workers, then you become racy. We are going to have to cut off On that line, we now have to come more efficient and you are able to some of those environmental costs. I together, Democrat and Republican, make more products for the amount of think we are going to have to defer and concede that we live in an age of money invested. them to a later time and simply, in missiles and we have to do two things. The idea with our base closure was, some cases, put a padlock on those We are going to have to have a capa- in pulling down this massive force bases that we have closed, but stop bility of shooting down Scud missiles, structure that won the cold war for us spending our readiness money that the new missiles that North Korea is and won Desert Storm for us, by reduc- keeps our troops ready to fight. building and proliferating in the Mid- ing divisions from 18 to 10, by reducing Does that answer the gentleman’s dle East, Soviet missiles that are being our fighter air wings from 24 to 14, and questions? sold by out-of-work generals in the on down the line, that what we needed Mr. LONGLEY. Mr. Speaker, I appre- former Soviet Union to Middle Eastern to do at the same time was reduce a lot ciate the gentleman’s answer. clients, to terrorist nations, and we of these bases in the United States be- Mr. HUNTER. Would the gentleman have to have the ability to shoot those cause we did not need all that over- continue to yield, Mr. Speaker,? missiles down when they come into our head, just like a company does not Mr. LONGLEY. I would be happy to troop concentrations in the Middle need a lot of overhead if it reduces its yield. East or elsewhere. operations. Mr. HUNTER. Mr. Speaker, I wanted Those are called theater ballistic That is true in many cases. We had to mention one other thing that the missiles. They are kind of like the bases in this country that were de- Republican leadership placed in this Models T’s of missiles. They crank signed to hold off attacks from the National Security Revitalization Act, along a little bit slower than ICBM’s. Apache Indians. Those bases just man- H.R. 7, that is related to the safety of aged to stay around because, even after the American people. We stated in this b 2210 peace was entered into between native act that we shall deploy national bal- Second, we have to be able to shoot Americans and our Federal Govern- listic missile defense systems and the- down ICBM’s, because other nations ment, there was a good old Congress- ater missile defense systems. than the former Soviet Union are mak- man there who wanted to keep that We live in an age of missiles. Dozens ing ICBM’s. Red China is making bastion of Federal soldiers with that of countries now are developing bal- ICBM’s. Those are missiles that can

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Mr. HOSTETTLER. deter, can beat, just like that Patriot Miss COLLINS of Michigan (at the re- Mr. PACKARD. missile going up and shooting down quest of Mr. GEPHARDT) for today after Mr. DORNAN. that Model T ballistic missile, the 5:30 p.m. and tomorrow, February 3, on Mr. BAKER of Louisiana. Scud, we have to have a system that account of attending Grandparents Day can go up and shoot down one of those at granddaughter’s school in Detroit. Cadillac ICBM’s made by the former f Soviet Union, made by red China, made f ADJOURNMENT by North Korea. And as our intel- SPECIAL ORDERS GRANTED ligence leaders have told you, the peo- By unanimous consent, permission to Mr. LONGLEY. Mr. Speaker, I move ple we pay in our intelligence agencies, that the House do now adjourn. all of these nations, some of them led address the House, following the legislative program and any special orders The motion was agreed to; accord- by very unstable leaders who want to ingly (at 10 o’clock and 14 minutes get a piece of the action, who want to heretofore entered, was granted to: (The following Members (at the re- p.m.), the House adjourned until to- be superpowers, who want to have le- morrow, Friday, February 3, 1995, at 10 quest of Mrs. THURMAN) to revise and verage in world affairs, are using as a.m. their weapon of choice, they envision extend their remarks and include ex- their weapon of choice to be the inter- traneous material:) f continental ballistic missile. Ms. WATERS, for 5 minutes, today. So we have to embark on a program Ms. DELAURO, for 5 minutes, today. to develop a national missile defense Mr. OLVER, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, and a theater missile defense and this Mr. GENE GREEN of Texas, for 5 min- ETC. H.R. 7, the National Security Revital- utes, today. Under clause 2 of rule XXIV, execu- ization Act that was passed by the Ms. KAPTUR, for 5 minutes, today. tive communications were taken from House Committee on Armed Services, Mr. OWENS, for 5 minutes, today. the Speaker’s table and referred as fol- and I probably say, passed by about 40 Mr. CLAYTON, for 5 minutes, today. lows: Mr. FILNER, for 5 minutes, today. some votes to 18, I think, Democrats 269. A letter from the Chairman, Panama and Republicans passed this act. (The following Members (at the re- Canal Commission, transmitting the Com- This act says it shall be the policy of quest of Mr. KINGSTON to revise and ex- mission’s report, including unaudited finan- the United States to develop and de- tend their remarks and include extra- cial statements, covering the operations of ploy a national missile defense and a neous material:) the Panama Canal during fiscal year 1994, theater missile defense. That is the Mr. FOX of Pennsylvania, for 5 min- pursuant to 22 U.S.C. 3722; to the Committee first time a body in either House has utes, today. on National Security. made such a strong commitment. Mr. NEY, for 5 minutes, today. 270. A letter from the Administrator, En- ergy Information Administration, transmit- I am proud of my colleagues who Mr. BEREUTER, for 5 minutes, on Feb- ting a copy of the Energy Information Ad- joined with us, myself, the gentleman ruary 3. from Maine; our great chairman of the ministration’s annual report ‘‘Energy Out- Mr. BARR, for 5 minutes, today. look, 1995,’’ pursuant to 15 U.S.C. 790f(a)(1); House Committee on Armed Services, Mr. DUNCAN, for 5 minutes, today. to the Committee on Commerce. FLOYD SPENCE, who led that bill Mr. KINGSTON, for 5 minutes, today. 271. A letter from the Chairman, Advisory through the markup process. I am glad (The following Member (at his own Committee on Reactor Safeguards, Nuclear so many Members of the other side of request) to revise and extend his re- Regulatory Commission, transmitting a re- the aisle joined with us to see to it marks and include extraneous mate- port on various issues of the Safety Research that American is well-defended. You rial:) Program, pursuant to 42 U.S.C. 2039; to the Committee on Commerce. cannot defend America if you do not Mr. WISE, for 5 minutes, today. defend against missiles. 272. A letter from the Acting Director, De- Mr. LONGLEY. I thank the gen- f fense Security Assistance Agency, transmitting the Department of the Air Force’s pro- tleman from California. EXTENSION OF REMARKS Mr. Speaker, I think that the strong posed lease of defense articles to Australia (Transmittal No. 10–95), pursuant to 22 U.S.C. note that is important that the public By unanimous consent, permission to revise and extend remarks was granted 2796a(a); to the Committee on International understands and the Members of this Relations. House understand is the very strong bi- to: (The following Members (at the re- 273. A letter from the Assistant Secretary partisan commitment, not only in the for Legislative Affairs, Department of State, other pieces of legislation that have quest of Mrs. THURMAN) and to include transmitting the fiscal year 1994 report on been proceeding through this House in extraneous matter:) implementation of the Support for East Eu- the last 3 weeks, but we have had Mr. STOKES. ropean Democracy Act [SEED] Program, strong cores in each party who have Mr. MARTINEZ. pursuant to 22 U.S.C. 5474; to the Committee been aggressively working together to Mr. FOGLIETTA. on International Relations. try to address issues of concern to the Mrs. LINCOLN. 274. A letter from the Assistant Secretary Mr. HOYER. for Legislative Affairs, Department of State, national interest. transmitting the administration’s annual re- Mr. ACKERMAN. As we move through the next several port on United States assistance and related weeks, particularly as we hear more Mr. MURTHA. programs for the Independent States of the about the National Security Revital- Mrs. MALONEY. Former Soviet Union, pursuant to 22 U.S.C. ization Act, I think that the public is Mr. SANDERS. 5814; to the Committee on International Re- going to recognize the strong bipar- Mr. OWENS. lations. tisan, nonpartisan commitment to de- Mr. COSTELLO in two instances. 275. A communication from the President fending this great country against the Mr. GEJDENSON. of the United States, transmitting a copy of threats that she faces as we move into Mr. RUSH. the report on procedures established for effective coordination of research and develop- the future. Ms. ESHOO in two instances. ment on arms control, nonproliferation and I welcome the opportunity to work Mr. CLAY. disarmament, pursuant to Public Law 103– with the chairman of the sub- Mrs. MEEK of Florida. 236, section 711; to the Committee on Inter- committee and with the members of (The following Members (at the re- national Relations. the committee as we address these very quest of Mr. KINGSTON) and to include 276. A letter from the Director, Office of important issues. extraneous matter:) Management and Budget, transmitting OMB

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estimate of the amount of change in outlays Mr. MCCOLLUM: Committee on the Judici- Mr. TATE, Mr. METCALF, Mr. or receipts, as the case may be, in each fiscal ary. H.R. 666. A bill is control crime by ex- NETHERCUTT, Mr. COOLEY, Mr. BUNN year through fiscal year 2000 resulting from clusionary rule reform (Rept. 104–17). Re- of Oregon, Mr. WHITE, and Mrs. SMITH passage of S. 2, pursuant to Public Law 101– ferred to the Committee of the Whole House of Washington): 508, section 13101(a) (104 Stat. 1388–582); to the on the State of the Union. H.R. 799. A bill to provide for the recon- Committee on Government Reform and stitution of outstanding repayment obliga- f Oversight. tions of the Administrator of the Bonneville 277. A letter from the Chairman, Commis- PUBLIC BILLS AND RESOLUTIONS Power Administration for the appropriated sion on Intergovernmental Relations, trans- capital investments in the Federal Columbia mitting the Commission’s 36th annual report Under clause 5 of rule X and clause 4 River Power System; to the Committee on of the Advisory Commission on Intergovern- of rule XXII, public bills and resolu- Resources. mental Relations, pursuant to 42 U.S.C. tions were introduced and severally re- By Mr. HOSTETTLER (for himself, Mr. 4275(3); to the Committee on Government Re- ferred as follows: BAKER of Louisiana, Mr. BOEHNER, Mr. BRYANT of Tennessee, Mr. BUR- form and Oversight. By Mr. ALLARD (for himself, Mr. TON of Indiana, Mr. CHABOT, Mr. 278. A letter from the Acting Executive BARTLETT of Maryland, Mr. BURTON CHAMBLISS, Mrs. CHENOWETH, Mr. Secretary, National Labor Relations Board, of Indiana, Mr. DOOLITTLE, Mr. DOR- COMBEST, Mr. COOLEY, Mr. EMERSON, transmitting a copy of the annual report in NAN, Mr. GILCHREST, Mr. GOODLATTE, Mr. LEWIS of Kentucky, Mr. MCHUGH, compliance with the Government in the Sun- Mr. HEINEMAN, Mr. METCALF, Mr. shine Act during the calendar year 1994, pur- Mr. SMITH of Texas, and Mr. SOUDER): EWING, Mr. ROHRABACHER, Mr. H.R. 800. A bill to amend the conservation suant to 5 U.S.C. 552b(j); to the Committee SCHIFF, Mr. STUMP, Mrs. VUCANOVICH, on Government Reform and Oversight. provisions of the Food Security Act of 1985 and Mr. GENE GREEN of Texas): and the Federal Water Pollution Control Act 279. A letter from the Administrator, U.S. H.R. 791. A bill to deny supplemental secu- Small Business Administration, transmit- to permit the unimpeded use of privately rity income benefits by reason of disability owned crop, range, and pasture lands that ting the annual report under the Federal based on addiction to alcohol or drugs; to the have been used for the planting of crops or Managers’ Financial Integrity Act for fiscal Committee on Ways and Means. the grazing of livestock in at least 5 of pre- year 1994, pursuant to 31 U.S.C. 3512(c)(3); to By Mr. ANDREWS: ceding 10 years; to the Committee on Trans- the Committee on Government Reform and H.R. 792. A bill to amend the Internal Rev- portation and Infrastructure, and in addition Oversight. enue Code of 1986 to provide incentives for to the Committee on Agriculture, for a pe- 280. A letter from the Deputy Associate Di- investments in tax enterprise zone busi- riod to be subsequently determined by the rector for Compliance, Department of the In- nesses and domestic businesses; to the Com- Speaker, in each case for consideration of terior, transmitting notification of proposed mittee on Ways and Means. such provisions as fall within the jurisdic- refunds of excess royalty payments in OCS By Mr. BAKER of Louisiana (for him- tion of the committee concerned. areas, pursuant to 43 U.S.C. 1339(b); to the self, Mr. YOUNG of Alaska, Mr. EMER- By Mr. HYDE (for himself and Ms. Committee on Resources. SON, Mr. TANNER, Mr. STUMP, Mr. WOOLSEY): 281. A letter from the Chief, Forest Serv- KOLBE, Mr. RIGGS, Mr. MCKEON, Mr. H.R. 801. A bill to amend the Internal Rev- ice, Department of the Interior, transmitting BRYANT of Tennessee, Mr. UPTON, Mr. enue Code of 1986 and the Social Security copies of the official boundary for the Clarks NEY, Mrs. CHENOWETH, Mr. Act to repeal provisions relating to the State Fork Wild and Scenic River; to the Com- LATOURETTE, and Mr. HANCOCK): enforcement of child support obligations and mittee on Resources. H.R. 793. A bill to eliminate the adminis- to require the Internal Revenue Service to 282. A letter from the Secretary of Trans- trative authority to prohibit the possession collect child support through wage with- portation, transmitting the Department’s or transfer of particular assault weapons; to holding; to the Committee on Ways and 1994 annual report on the recommendations the Committee on the Judiciary. Means. received from the National Transportation By Mr. BILBRAY (for himself, Mr. By Mr. JACOBS: Board regarding transportation safety, pur- PACKARD, Mr. CUNNINGHAM, Mr. H.R. 802. A bill to prohibit payment of Fed- suant to 49 U.S.C. app. 1906(b); to the Com- HUNTER, and Mr. FILNER): eral retirement benefits, except in certain mittee on Transportation and Infrastruc- H.R. 794. A bill to amend the Federal Water cases, to those who are not retired as defined ture. Pollution Control Act the deem certain mu- under the Social Security Act; to the Com- 283. A letter from the Commissioner, Inter- nicipal treatment facilities as the equivalent mittee on Government Reform and Over- state Commerce Commission, transmitting a of secondary treatment; to the Committee sight, and in addition to the Committees on National Security, House Oversight, the Ju- blue print for further deregulation of the on Transportation and Infrastructure. diciary, and Intelligence (Permanent Select), surface transportation industry; to the Com- By Mr. CANADY: for a period to be subsequently determined mittee on Transportation and Infrastruc- H.R. 795. A bill to impose a moratorium on by the Speaker, in each case for consider- ture. enforcement of the Comprehensive Environ- ation of such provisions as fall within the ju- 284. A letter from the Secretaries of De- mental Response, Compensation, and Liabil- fense and Veterans Affairs, transmitting a risdiction of the committee concerned. ity Act of 1980—Superfund—against certain By Mrs. JOHNSON of Connecticut (for report on the implementation of the health persons and on the authority under that Act herself, Mr. MATSUI, Mr. HERGER, and resources sharing portion of the ‘‘Depart- for contribution actions; to the Committee Mr. NEAL of Massachusetts): ment of Veterans Affairs and Department of on Commerce, and in addition to the Com- Defense Health Resources Sharing and Emer- H.R. 803. A bill to amend the Internal Rev- mittee on Transportation and Infrastruc- enue Code of 1986 to make permanent the gency Operations Act’’ for fiscal year 1994, ture, for a period to be subsequently deter- credit for increasing research activities; to pursuant to 38 U.S.C. 8111(f); jointly, to the mined by the Speaker, in each case for con- the Committee on Ways and Means. Committees on National Security and Vet- sideration of such provisions as fall within By Mr. MILLER of Florida (for himself, erans’ Affairs. the jurisdiction of the committee concerned. Mr. STOCKMAN, Mr. CHRYSLER, Mr. 285. A letter from the Director, Office of By Mr. DORNAN: SALMON, Mr. SCARBOROUGH, Mr. SAN- Government Ethics, transmitting a draft of H.R. 796. A bill to require the withdrawal FORD, Mr. CHRISTENSEN, Mr. DAVIS, proposed legislation to amend the Ethics in of the United States from the NAFTA sup- Mr. COBURN, Mrs. WALDHOLTZ, Mrs. Government Act of 1978, as amended, to ex- plemental agreements on labor and environ- MYRICK, Mr. ENGLISH of Pennsyl- tend the authorization of appropriations for mental cooperation; to the Committee on vania, Mr. GANSKE, Mr. TIAHRT, Mr. the Office of Government Ethics for 7 years, Ways and Means. NEUMANN, Mr. FOX, Mrs. SEASTRAND, and for other purposes; jointly, to the Com- By Ms. ESHOO: Mr. BALDACCI, Mr. THORNBERRY, Mr. mittees on the Judiciary and Government H.R. 797. A bill to amend the Internal Rev- GUTKNECHT, Mr. HAYWORTH, Mr. Reform and Oversight. enue Code of 1986 to establish a Higher Edu- GOSS, and Mr. DEAL of Georgia): f cation Accumulation Program [HEAP] under H.R. 804. A bill to amend title 5, United which individuals are allowed a deduction States Code, to limit the period of service REPORTS OF COMMITTEES ON for contributions to HEAP accounts; to the which may be credited to a Member of Con- PUBLIC BILLS AND RESOLUTIONS Committee on Ways and Means. gress in the computation of retirement bene- Under clause 2 of rule XIII, reports of By Mr. GEJDENSON: fits, and for other purposes; to the Com- committees were delivered to the Clerk H.R. 798. A bill to amend title 38, United mittee on House Oversight, and in addition States Code, to direct the Secretary of Vet- to the Committee on Government Reform for printing and reference to the proper erans Affairs to establish a permanent, con- and Oversight, for a period to be subse- calendar, as follows: fidential database and toll-free telephone quently determined by the Speaker, in each Mr. MCCOLLUM: Committee on the Judici- line for the collection of medical informa- case for consideration of such provisions as ary. H.R. 665. A bill is control crime by man- tion concerning members of the Armed fall within the jurisdiction of the committee datory victim restitution; with an amend- Forces and veterans; to the Committee on concerned. ment (Rept. 104–16). Referred to the Com- Veterans’ Affairs. By Mr. OWENS (for himself, Mr. SAND- mittee of the Whole House on the State of By Mr. HASTINGS of Washington (for ERS, Mr. BROWN of California, Mr. the Union. himself, Ms. DUNN of Washington, CONYERS, Mr. DELLUMS, Mr. HASTINGS

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of Florida, Mr. HINCHEY, Mrs. MINK, By Mr. BALLENGER: H.R. 480: Mr. ARCHER. and Mr. WATT of North Carolina): H.R. 811. A bill for the relief of Peggi M. H.R. 481: Mr. BACHUS. H.R. 805. A bill to provide for the creation Houston; to the Committee on the Judiciary. H.R. 482: Mr. FLANAGAN. of jobs in America, and for other purposes; to By Mrs. VUCANOVICH: H.R. 489: Mr. LAUGHLIN and Mrs. VUCANO- the Committee on Ways and Means, and in H.R. 812. A bill for the relief of William P. VICH. addition to the Committees on Transpor- Van Keymeulen; to the Committee on the H.R. 491: Mr. ZELIFF, Mr. GENE GREEN of tation and Infrastructure, Banking and Fi- Judiciary. Texas, Mr. FLANAGAN, and Mr. TAYLOR of nancial Services, Economic and Educational f North Carolina. Opportunities, Commerce, and Appropria- H.R. 493: Mr. PASTOR and Mr. GUTIERREZ. tions, for a period to be subsequently deter- ADDITIONAL SPONSORS H.R. 592: Mr. CALVERT and Mr. DORNAN. mined by the Speaker, in each case for con- Under clause 4 of rule XXII, sponsors H.R. 607: Mr. MANZULLO, Mr. KNOLLENBERG, sideration of such provisions as fall within were added to public bills and resolu- Mr. PAXON, Mr. ROHRABACHER, Mr. ROYCE, the jurisdiction of the committee concerned. tions as follows: Mr. DORNAN, and Mr. SAXTON. By Mr. SKEEN (for himself, Mr. H.R. 663: Mr. LATOURETTE, Mr. KIM, and H.R. 24: Mr. EHLERS. SCHIFF, and Mr. RICHARDSON): Mr. ACKERMAN. H.R. 806. A bill to ensure the provision of H.R. 26: Mr. FOGLIETTA, Mr. ORTON, Mr. H.R. 704: Mr. BROWN of California, Mr. appropriate compensation for the real prop- COYNE, Mr. MENENDEZ, Mr. DOOLEY, and Mr. WAXMAN, Mr. SMITH of Texas, Mr. ENGLISH of erty and mining claims taken by the United SCARBOROUGH. Pennsylvania, Mr. JACOBS, Mr. DORNAN, Mr. States as a result of the establishment of the H.R. 40: Mr. INGLIS of South Carolina, Mr. LANTOS, Mr. BLUTE, Mr. HYDE, Mr. BRYANT of White Sands Missile Range, NM; to the Com- WELLER, Mr. CHABOT, Mr. FATTAH, Mr. Tennessee, Mr. SAXTON, Mr. GEJDENSON, and mittee on the Judiciary, and in addition to MCCOLLUM, Mr. ANDREWS, Mr. BILBRAY, Mr. Mr. MANTON. the Committee on National Security, for a SOUDER, Mr. FUNDERBURK, Mr. LONGLEY, Mr. H.R. 711: Mr. STEARNS, Mr. SMITH of New period to be subsequently determined by the FLANAGAN, Mr. SOLOMON, Mrs. SMITH of Jersey, Mrs. VUCANOVICH, Mr. RIGGS, and Mr. Speaker, in each case for consideration of Washington, Mr. FOX, Mr. TORKILDSEN, Mr. EMERSON. such provisions as fall within the jurisdic- PORTER, Mr. CHRISTENSEN, and Mr. STEARNS. H.R. 753: Mr. HASTERT. tion of the committee concerned. H.R. 58: Mr. STEARNS. H.R. 756: Mr. SAM JOHNSON and Mr. By Mr. STOCKMAN (for himself, Mr. H.R. 123: Mr. BONO, Mr. LEWIS of California, SAXTON. ROHRABACHER, Mr. FUNDERBURK, Mr. Mrs. MYRICK, Mr. FIELDS of Texas, Mr. HOEK- H.R. 762: Ms. KAPTUR. BURTON of Indiana, Mrs. CHENOWETH, STRA, Mr. LIPINSKI, Mrs. CHENOWETH, Mr. H.R. 785: Ms. MCCARTHY, Ms. ROYBAL-AL- Mr. COOLEY, Mr. FOX, Mr. GANSKE, GANSKE, Mr. CHRISTENSEN, Mrs. KELLY, Mr. LARD, Ms. ESHOO, Ms. MCKINNEY, Mrs. THUR- Mr. GUTKNECHT, Mr. HAYWORTH, Mr. LIGHTFOOT, Mr. ISTOOK, Mr. BREWSTER, Mr. MAN, Ms. VELA´ ZQUEZ, Ms. DANNER, Mrs. HUNTER, Mr. METCALF, Mr. SALMON, MILLER of Florida, Mr. MYERS of Indiana, KELLY, Ms. ROS-LEHTINEN, and Mrs. MYRICK. Mr. SANFORD, Mr. SCARBOROUGH, Mrs. Mr. HASTINGS of Washington, Mr. NEY, Mr. H.R. 789: Mr. TALENT, Mr. STUMP, Mr. BUR- SEASTRAND, Mr. SOUDER, and Mr. ROBERTS, Mr. SAM JOHNSON, Mrs. ROUKEMA, TON of Indiana, Mr. ROSE, Mr. LEWIS of Geor- WAMP): Mrs. SEASTRAND, Mr. STEARNS, Mr. HUNTER, H.R. 807. A bill to protect the Constitution Mr. SISISKY, and Mr. BROWDER. gia, and Mr. RAHALL. of the United States from unauthorized H.R. 134: Mr. BARTON of Texas and Mrs. H.J. Res. 3: Mr. BARCIA of Michigan. encoachment into legislative powers by the MYRICK. H.J. Res. 52: Mr. STARK, Mr. ROBERTS, and executive branch, and to protect the Amer- H.R. 135: Mr. BARTON of Texas, Mr. DOR- Mr. FATTAH. ican taxpayer from unauthorized NAN, Mr. SENSENBRENNER, and Mrs. MYRICK. H. Con. Res. 12: Mr. KLECZKA, Mr. KING, encoachment into his wallet by an unconsti- H.R. 136: Mr. BARTON of Texas, Mrs. and Mr. HASTINGS of Florida. tutional action of the President; to the Com- MYRICK, Mr. ROHRABACHER, and Mr. DORNAN. mittee on Banking and Financial Services, H.R. 138: Mrs. MYRICK, Mr. DORNAN, and f and in addition to the Committee on Inter- Mr. SENSENBRENNER. national Relations, for a period to be subse- H.R. 139: Ms. MCKINNEY. quently determined by the Speaker, in each H.R. 141: Mr. BARTON of Texas, Mrs. AMENDMENTS case for consideration of such provisions as MYRICK, Mr. DORNAN, Mr. SENSENBRENNER, Under clause 6 of rule XXIII, pro- fall within the jurisdiction of the committee and Mr. WELLER. posed amendments were submitted as H.R. 143: Mrs. MYRICK, Mr. ROHRABACHER, concerned. follows: By Mr. THOMAS (for himself and Mr. and Mr. DORNAN. MCKEON): H.R. 216: Mr. MCKEON. H.R. 2 H.R. 808. A bill to amend title 10, United H.R. 217: Mr. LATOURETTE. OFFERED BY: MR. TAUZIN H.R. 218: Mr. GENE GREEN of Texas. States Code, to provide for jurisdiction, ap- AMENDMENT NO. 33: Section 2 is amended prehension, and detention of certain civil- H.R. 221: Mrs. CLAYTON and Ms. RIVERS. H.R. 240: Mr. FORBES and Mr. SHUSTER. by adding at the end the following new sub- ians accompanying the Armed Forces out- section: side the United States, and for other pur- H.R. 310: Mr. ENGLISH of Pennsylvania, Mr. CUNNINGHAM, and Mr. ROYCE. (d) SPECIAL RULE.—Notwithstanding sub- poses; to the Committee on National Secu- section (a), in the case of fiscal years 1996 rity. H.R. 313: Mr. ENGLISH of Pennsylvania, Mr. CUNNINGHAM, and Mr. ROYCE. through 2002, the President may only rescind By Mr. VOLKMER: any budget authority or veto any targeted H.R. 809. A bill to authorize and direct the H.R. 315: Mr. GENE GREEN of Texas, Ms. RIVERS, and Mr. ACKERMAN. tax benefit under that subsection necessary General Accounting Office to audit the Fed- to reduce the projected deficit for the fiscal eral Reserve Board, the Federal Advisory H.R. 326: Mr. GUTKNECHT. H.R. 394: Mr. PACKARD, Mr. GREENWOOD, year to which that rescission or veto per- Council, the Federal Open Market Com- tains to the level set forth below: mittee, and Federal Reserve banks and their Mrs. THURMAN, Mr. STEARNS, and Mr. COX. branches; to the Committee on Banking and H.R. 398: Mr. CLAY, Mr. TORRES, Mr. CLY- Maximum deficit level Financial Services. BURN, Mr. EVANS, Mrs. MEEK of Florida, and (In billions of dollars) By Mr. ZIMMER (for himself, Mr. Mr. MFUME. H.R. 442: Mr. JONES, Mr. BALLENGER, Mr. Fiscal year: UNDERWOOD, Mr. ENGLISH of Pennsyl- REGULA, Mr. HOEKSTRA, Mr. MCHUGH, Mr. 1996 ...... $174 vania, Mr. BEILENSON, Mr. CLYBURN, HUNTER, Mr. MONTGOMERY, Mr. SANFORD, Mr. 1997 ...... 155 Mr. EVANS, Mr. TORRICELLI, Mr. STEARNS, Mr. PAXON, Mr. LAHOOD, Mr. 1998 ...... 116 GILCHREST, and Mr. SANDERS): 1999 ...... 71 H.R. 810. A bill to provide for the study of SCHIFF, Mr. CRAPO, Mr. GILCHREST, Mr. 2000 ...... 59 battlefields of the Revolutionary War and PACKARD, Mr. SAXTON, Mr. WELDON of Flor- 2001 ...... 26 the War of 1812; to the Committee on Re- ida, Ms. ESHOO, Mr. BARTLETT of Maryland, 2002 and thereafter ...... 0 sources. Mr. BRYANT of Tennessee, Mr. LATOURETTE, Mr. LAZIO of New York, Mr. BURR, Mr. BONO, H.R. 2 f Mr. MCCOLLUM, Mr. DIXON, Mr. LIGHTFOOT, OFFERED BY: MR. TRAFICANT PRIVATE BILLS AND Mr. WYDEN, Mr. BACHUS, Mr. BENTSEN, Mrs. AMENDMENT NO. 34: At the end, add the fol- RESOLUTIONS MYRICK, Mr. PORTER, Ms. MCCARTHY, and Mr. SOUDER. lowing new section: Under clause 1 of rule XXII, private H.R. 449: Mr. KENNEDY of Rhode Island. SEC. 7. TERMINATION DATE. bills and resolutions were introduced H.R. 450: Mr. FIELDS of Texas, Mr. DEAL of This Act shall cease to be effective on Jan- and severally referred as follows: Georgia, Mr. LUCAS, and Mr. CHAMBLISS. uary 1, 1997.

VerDate Mar 15 2010 04:55 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 D:\FIX-CR\1995\H02FE5.REC H02FE5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, THURSDAY, FEBRUARY 2, 1995 No. 21 Senate (Legislative day of Monday, January 30, 1995)

The Senate met at 9:30 a.m., on the RESERVATION OF LEADER TIME hour of 10:30 a.m. with Senators per- expiration of the recess, and was called Mr. LOTT. Mr. President, this morn- mitted to speak therein for not to ex- to order by the President pro tempore ing the time for the two leaders has ceed 5 minutes. [Mr. THURMOND]. been reserved. Under the previous order, the Sen- ator from Alaska is recognized to f PRAYER speak for up to 20 minutes. SCHEDULE Mr. MURKOWSKI. Mr. President, I The Chaplain, the Reverend Richard wish the Chair a good day. Mr. LOTT. There will now be a period C. Halverson, D.D., offered the fol- (The remarks of Mr. MURKOWSKI per- for the transaction of routine morning lowing prayer: taining to the introduction of S. 333 are business until the hour of 10:30 a.m., Let us pray: located in today’s RECORD under with Senators permitted to speak for ‘‘Statements on Introduced Bills and If my people, which are called by my up to 5 minutes each with the following Joint Resolutions.’’) name, shall humble themselves, and pray, Senators permitted to speak for the and seek my face, and turn from their Mr. CONRAD addressed the Chair. designated times: Senator MURKOWSKI wicked ways; then will I hear from heav- The PRESIDING OFFICER. Under for 20 minutes, Senator CONRAD for 15 en, and will forgive their sin, and will the previous order, the Senator from minutes, Senator DORGAN for 10 min- heal their land.—II Chronicles 7:14. North Dakota [Mr. CONRAD] is recog- utes, and Senator CAMPBELL for 10 min- nized for up to 15 minutes. God of Abraham, Isaac, and Israel, utes. Mr. CONRAD. I thank the Chair. God of our fathers, we are grateful for At 10:30 a.m. the Senate will resume (The remarks of Mr. CONRAD per- this Old Testament promise giving us consideration of House Joint Resolu- taining to the introduction of S. 332 are the formula for the healing of a nation. tion 1, the constitutional balanced located in today’s RECORD under In the light of this promise, thank budget amendment. ‘‘Statements on Introduced Bills and Thee for the National Prayer Breakfast Mr. President, I seek recognition at Joint Resolutions.) this morning which brought together this time in my own right, and I ask Mr. CONRAD. Mr. President, I sug- leadership from every State and more unanimous consent that my remarks gest the absence of a quorum. than 150 nations in recognition of the be printed in the RECORD after those of The PRESIDING OFFICER. The indispensability of prayer. Senator MURKOWSKI and Senator JOHN- clerk will call the roll. Grant us to see, O God, that the way STON, with regard to the Department of The legislative clerk proceeded to to national health—socially, cul- Energy Risk Management Act of 1995. call the roll. turally, and economically—is the way The PRESIDING OFFICER (Mr. Mr. DORGAN. I ask unanimous con- of prayer. Give us, who profess to be FAIRCLOTH). Without objection, it is so sent that the order for the quorum call Your people, the grace to humble our- ordered. be rescinded. selves, to pray, to seek Your face, and The Senator from Mississippi is rec- The PRESIDING OFFICER. Without to turn from the secularism which ob- ognized. objection, it is so ordered. literates all sense of God and faith and Mr. LOTT. I thank the Chair. Mr. DORGAN addressed the Chair. spiritual reality. (The remarks of Mr. LOTT pertaining The PRESIDING OFFICER. Under to the introduction of S. 333 are located Governor of the nations, lead us in the previous order, the Senator from in today’s RECORD under ‘‘Statements the way that will bring healing to our North Dakota [Mr. DORGAN] is recog- on Introduced Bills and Joint Resolu- land. nized to speak for up to 10 minutes. We pray in the name of the Lord of tions.’’) History. Amen. Mr. MURKOWSKI addressed the f Chair. FEDERAL RESERVE BOARD f f ACTION MORNING BUSINESS Mr. DORGAN. Mr. President, yester- RECOGNITION OF THE ACTING The PRESIDING OFFICER. Under day I came to the floor before the Fed- MAJORITY LEADER the previous order, there will now be a eral Reserve Board had finalized ac- The PRESIDENT pro tempore. The period for the transaction of morning tion, worried about whether they acting majority leader is recognized. business for not to extend beyond the would once again make another very

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

S1969

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1970 CONGRESSIONAL RECORD — SENATE February 2, 1995 large mistake with respect to increas- tion—none. Inflation is down 4 straight lyzers on the voice of the Chairman to ing interest rates and further injuring years. Last year, 2.7 percent. figure out what has happened in the the American economy. Mr. Greenspan, with whom I disagree room. That is how bizarre the secrecy Of course, we know from news yester- substantially, says, ‘‘We think it over- at the Fed has become. It has per- day that the Fed raised short-term in- states inflation by up to 1.5 percent.’’ If suaded people to try to penetrate the terest rates again. Seven times in a that is the case—I do not agree with secrecy. year the Federal Reserve Board has that. But using his own numbers and So, make a decision and announce it met in secret and then told the Amer- his own logic, maybe inflation is only immediately. Let the small investor ican people they have decided that for 1.2 percent. If that is really the case, know as much as the big investors the country’s own good, interest rates then what on Earth are they doing think they know. must once again go up. raising interest rates seven times? How Third, I think that the Federal Re- I was looking again at the Constitu- can one conclude that inflation is serve Board budget ought to be pub- tion, and the Constitution under arti- somehow on the cusp of being out of lished in regular order and in regular cle I, section 8, says: ‘‘The Congress control if it is 1.2 percent? Again, I do form in the budget of the United shall have the power to coin money, not know just what kind of air they are States, and I think it ought to be sub- regulate the value thereof,’’ et cetera, breathing that can cause this kind of ject to performance audits. The Fed- et cetera. The interesting thing about internal chaos and this kind of unusual eral Reserve Board ought to be like the Federal Reserve Board, it is a crea- thinking. other Federal agencies and account- ture created by the Congress in the We cannot do much about yesterday, able. early 1900’s with a national promise but we sure can do something about to- that this will not become a strong cen- morrow in terms of how decisions are Fourth, I believe the Federal Reserve tral bank. Of course, it has become a made about monetary policy. Should Board ought to meet on a formal basis strong central bank, accountable to no decisions be made by a bunch of politi- with the executive branch of Govern- one. cians? No, I do not think so. There are ment, especially the Treasury Sec- I said yesterday that they apparently not enough cigars in the world to pass retary, who is involved in fiscal policy. view themselves as a set of human around to give politicians the oppor- If we have monetary policy on the left brake pedals, whose mission in life is tunity to close the door and make their hand and fiscal policy on the right to slow down the American economy. own decisions about money. I do not hand, the two ought to talk a little bit Well, unfortunately they will succeed agree with that. That is not my sugges- to figure out which direction they are beyond their wildest dreams. I think tion. But should monetary policy be going. they risk throwing this economy into conducted outside of the view of the We have had circumstances in the another recession. American public in some closed room past where they looked like they were More importantly, their actions by a bunch of central bankers who riding a bicycle built for two, with fis- mean that virtually every American serve their constituency, not ours? The cal policy on the front end trying to will pay more credit card interest; answer is no. It is the wrong thing. We chug uphill and monetary on the back those millions of families out there should change it. Congress created the end trying to keep the brakes on. And with adjustable rate mortgages will Federal Reserve about 80 years ago. We they get somewhere near the cusp of find that their home payments are should change it. the hill, and they are talking to each going to go up. I had a fellow tell me How would we change it? I recognize other and one says, ‘‘We are exerting a recently, ‘‘I am paying $115 a month the minute we talk about changing lot of pressure to get away,’’ and the more now than a year ago because my anything here Wall Street has an apo- other says, ‘‘We are putting the brakes adjustable rate mortgage was ad- plectic seizure. But most anything on.’’ justed.’’ And I said that resulted not gives Wall Street seizures. Let us talk What sense does that make? There from some democratic action, not some about what ought to be done and let ought to be some coordinated policy in concerted action in Congress where Wall Street worry about its future. this country, or at least some under- there was a big debate and a discussion What ought to be done? Well, first of standing of what one is doing relative about what should be done; that hap- all, we ought to pass a Federal Reserve to the other. reform bill that says the following: No- pened because of a group of central Those are the things that I think body ought to vote on monetary policy bankers. They went into a room, shut need to be done to make changes in the in this country in any room, locked or the door, and made a decision outside Federal Reserve Board. Very modest unlocked, unless they are accountable of the view of the public citizens to in- changes. This is not taking the Fed and to the American people. And the fact is crease interest rates. flipping it upside down and shaking the It will impact virtually every Amer- those who voted in the Open Market daylights out of it. It is not doing that. ican. But more importantly, in my Committee on interest rates yesterday Would I like to do that? Maybe. But am judgment, it risks throwing this coun- and who are the regional Fed bank I proposing that? No, I am proposing try back into a recession. presidents are neither appointed by the very modest steps. I just do not understand why the cur- President of the United States, nor are rent Federal Reserve Board apparently they confirmed by the Congress. They Even these steps, interestingly feels unemployment should never go are unaccountable to anyone except enough, are largely too much for most below 5 percent and economic growth their boards of directors, the majority Members of Congress, because they somehow should never be more than 2.5 of which are private bankers. None of say, ‘‘Oh, Lord we don’t want to get in- or 3 percent. Where on Earth did they them should ever cast a vote on the volved in that. We don’t want to talk get these notions? What schools out Federal Reserve Board Open Market about the Fed. It is some mysterious there could possibly teach this kind of Committee. No regional Fed bank priesthood of action and language down nonsense? president ought to have a vote on that there which we don’t understand. Let’s There is not much we can do about committee. That is No. 1. not interfere with it. Those who want what the Fed did yesterday, but short- No. 2, I think there ought to be im- to talk about this basically want to ly I intend to reintroduce the Federal mediate disclosure. There has been, input politics right in the middle of the Reserve reform legislation that I have cidentally, in recent months, imme- Federal Reserve Board System.’’ sponsored previously. I would intro- diate disclosure of actions by the Fed. Nonsense. Total baloney. We ought duce this even if rates were going When they take action in secret, it to do this. We ought to at least give down, so it is not just that they are ought to be disclosed immediately. I the American people some notion that going up that causes me to come and have read stories about people using monetary policy constructed in this describe to my colleagues what I think voice stress analyzers on speech by the country is of, by and for all the people, we should do. But I am very concerned Fed Chairman after a meeting was held not just the constituency of the big that rates are going up at a time when and they made a decision in secret but money center banks that is represented they should not be going up, when are not set to announce it until later. so well and so consistently by current there is no credible evidence of infla- So somebody is using voice stress ana- policies of the Federal Reserve Board.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1971 I hope I do not come to the floor So I guess when previous Fed Reserve Even my State of Connecticut, thou- again in the months ahead to be crit- folks said to Members of Congress at a sands of miles from Mexico’s border, ical of the Federal Reserve Board. My hearing, ‘‘We are serving our constitu- stands to reap the benefits of a vibrant preference would be to praise the Fed- ency’’—that is what they said arro- Mexican economy, or alternatively suf- eral Reserve Board for doing the right gantly—we know who their constitu- fer the pain of a collapsed one. In 1993 thing. But they are doing the wrong ency is. But it is different than our nearly 7,000 Connecticut workers were thing. It is time for us to say when the constituency, and that is the dilemma. employed in producing products des- Federal Reserve Board is on the wrong I hope one of these days there is a tined for sale in Mexico at a value of course doing something that is going reconciliation in this country about $365 million. My State is by no means to injure this country. When the Fed who monetary policy is created and unique on this score. California, Texas, feels its role is to be a human brake fashioned for and in whose interest it Arizona, New Mexico all have an enor- pedal to slow the country down and now serves. mous stake in Mexico’s economic risk throwing it into a recession, it is Mr. President, I yield the floor, and I health. time for some of us to stand up and say suggest the absence of a quorum. The PRESIDING OFFICER. The That Mexico has a serious problem is this makes no sense for our country. not in question. Its financial and cur- I come from a State that is a heavy clerk will call the roll. rency markets have been in a frenzy user of credit—agriculture. The family The legislative clerk proceeded to over the last several weeks. The peso farmer plants in the spring and does call the roll. Mr. HATCH. Mr. President, I ask has lost more than 50 percent in value. not get a crop until fall. They need to unanimous consent that the order for Yesterday, the peso reached a historic use credit to tide them over during the the quorum call be rescinded. low at 6.3 pesos to the dollar. The year. Mexican stock market has been rocked Do you know what sort of behavior f as well. The Zedillo government has this does to a family farmer? It is an THE CLINTON PLAN TO ASSIST been unable to refinance most of its enormous hit for a family farmer or MEXICO debts coming due thus far this year— rancher. This substantially increases Mr. DODD. Mr. President, on Tues- obligations that will reach $80 billion their costs. Farmers in North Dakota day, January 31, President Clinton an- by year’s end. Unless this crisis of con- will pay, on average, thousands of dol- nounced that he could no longer wait fidence is reversed and markets sta- lars more in interest payment because for the Congress to act on the Mexican bilized, the Mexican economy will slide of the Fed’s actions this past year. Did loan guarantee legislation that he had into serious recession and its financial they have any opportunity to partici- proposed to assist Mexico with the seri- system will all but collapse. pate in these decisions? Any voice at ous economic crisis it confronts. In- Clearly, the Mexican Government all? No. The interest of the family stead, he has decided to act now to must take steps to help itself. And it farmer or rancher out there is subordi- stem the tide of negative expectations nated to the interest of the money cen- that threatens to overwhelm Mexican has done so. On January 3, President ter banks. I guarantee you, the interest exchange and financial markets. Uti- Zedillo announced an emergency eco- of the money center banks is present, lizing existing executive authority, the nomic program designed to stabilize front and center in that room when President has indicated that the the economy—allow the peso to float, these decisions are made. United States will make available a $20 reduce Government expenditures, ac- But I also guarantee you that there billion swap arrangement through the celerate Mexico’s privatization pro- is not anybody in that room talking Exchange Stabilization Fund. gram for state enterprises, conclude a about my Uncle Joe, about people who The President, to his credit, has also wage-price accord with business and produce things, about the farmers out enlisted the substantial involvement of labor in order to contain inflation, and there who are planting and hoping, the international community in this open the Mexican financial sector to about the ranchers who are working in latest initiative. The International foreign investment. Despite these ef- subzero weather trying to make sure Monetary Fund will provide an unprec- forts, the crisis of confidence contin- their cows are all right and then come edented level of assistance—$17.5 bil- ued. to the bank at the end of the year and lion, and the European Community I for one am firmly convinced that decide they have substantially in- through the Bank for International President Clinton has made the right creased costs. It has nothing to do with Settlements will make $10 billion decision in proposing that the United their cows, but it has to do with some available to this effort. Taken to- States intervene in order to restore folks down there behind a closed door gether, this package should be more confidence in Mexico’s economy. It at the Federal Reserve Board. than sufficient to deal with the adverse makes good economic sense. It makes This ought to change. I would not be market psychology that had developed good foreign policy sense. The Amer- here if I thought the Federal Reserve over the inability of Congress to act on ican people stand everything to gain Board was on the right track and doing the guarantee proposal. from a stable and prosperous Mexico. the right things for our country. I feel I believe that the President’s deci- And, much to lose from one that is in so strongly they are not. I think the sion is the right one in light of the po- disorder and poor. Fed is moving in a direction counter- tential threat that the current insta- productive to this country’s interest. bility poses, not only for Mexico, but If we sit back and do nothing, mil- That is what persuades me to talk for our economy as well. It is impor- lions of Mexicans will lose their jobs. and to, once again, want to introduce tant to remember that Mexico has been This will produce social and political this legislation. Let me in 1 final an important player in the United tensions. It will also put additional minute read something from the Wash- States economic picture. Mexico has pressure on our borders as Mexicans ington Post today. After yesterday’s been our third largest trading partner. seek alternative sources of employ- action by the Federal Reserve Board, it The United States has represented two- ment in the United States, further is not, I suppose, surprising for anyone thirds of Mexico’s worldwide trading heightening tensions over immigration to see a quote: activities. Up until now, Mexico has between the United States and Mexico. Many Wall Street analysts, however, been an important and growing market To those who point to NAFTA as an praise the course of Fed policy. for United States exports—we sold explanation for the current economic I tell you what, that probably is not nearly $50 billion of our products there crisis facing Mexico, I would say that very surprising to most Americans. in 1994. Some 770,000 American jobs de- they could not be more wrong. If any- Many Wall Street analysts praise the pend on our trade with Mexico. U.S. in- thing, it is because of NAFTA that Fed policy. Of course they praise the vestors also have a stake in the current there is a clear framework for resolv- Fed policy. Who do you think the Feds situation. Not just large New York ing the current economic problems are doing this for? It is not Main bankers and Wall Street investment confronting Mexico. Many Americans Street, it is not the family farmer, not brokers—but thousands of other Amer- currently doing business in Mexico the rancher, not the working person icans through their involvement in have indicated that they intend to stay out there. pension and mutual funds. the course, to remain engaged, to ride

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1972 CONGRESSIONAL RECORD — SENATE February 2, 1995 out the current fiscal storm. Why? Be- these views to look carefully at the them to put something back into the cause they believe that the Mexican new national service program’s center- community while also providing them economy is fundamentally strong. A piece, AmeriCorps, a national network an opportunity to develop skills which principle reason they hold that view is of local youth service corps. Unlike will serve them well throughout their because NAFTA has ensured the con- previous volunteer-based programs, lives. tinuity of fundamental market reforms AmeriCorps is not one large Federal As I have indicated through examples that has made it possible for Ameri- program, but a network of locally de- in my own State, the national service cans to sell products and do business veloped and locally managed service program is working. Nationwide, there there. Were it not for NAFTA, the cri- corps which will give thousands of are other examples—the executive di- sis in Mexico would be far deeper and young people the kind of opportunity rector of the National Association of far more protracted. earlier generations had to serve their Police Organizations has called I commend Majority Leader BOB country and improve their own lives as AmeriCorps a huge boost in the arm for DOLE and Speaker NEWT GINGRICH for well as those of their neighbors. law enforcement; officials of the Fed- their willingness to act in a bipartisan I am proud that my own State of eral Emergency Management Agency fashion to assist the President in mov- Maryland has been a leader in the area say that participants in AmeriCorps ing the original guarantee proposal of national service. The tremendous have helped thousands of disaster vic- through the Congress. Regrettably number of volunteer organizations tims pick up the pieces of their lives; they were unable to garner the nec- across the State deserve credit for the Habitat for Humanity says they could essary bipartisan support required to enormous difference that volunteers not do their job without such individ- pass the legislation in a timely fashion. have made and continue to make in uals. I think that the President was right in Maryland each and every day. Mary- In my view, Mr. President, those who the judgment that the Mexican econ- land has very deservedly been the re- have answered the call to service by omy could not withstand the battering cipient of a number of first round participating in AmeriCorps and other of another several weeks of uncer- AmeriCorps grants. I was privileged to national service opportunities are tak- tainty over whether the United States be with the President during the offi- ing part in the oldest and best of Amer- assistance would be forthcoming. cial kickoff of the AmeriCorps Pro- ica’s traditions—a spirit of service. I Mr. President, we engage in vigorous gram at Aberdeen Proving Ground last would ask those who have criticized debate in this body day in and day out. September, the first campus selected legislation which has furthered na- Debate is clearly an integral part of under the National Service Act as a tional service to look again at the im- the legislative process. However, from cite for the National Civilian Commu- portant efforts underway which serve time to time, an issue comes before the nity Corps [NCCC]. Using a converted to produce stronger families and Congress that is so important and so barracks, the NCCC campus at Aber- stronger communities, and to join me sensitive that it mandates that par- deen houses 250 young adults who work in commending those who are taking tisan politics be set aside and that we in 10-member teams on projects part in this important renewal of serv- come together in support of the Presi- throughout Maryland, the Northeast, ice to our Nation. dent. I believe that the situation in and the Mid-Atlantic. The program em- f Mexico is just such an issue. phasizes conservation of natural re- Mexico and the United States have sources, public safety, and the edu- THE RETIREMENT OF RICHARD had a long and enduring friendship. We cational and human needs of children COLLINS share a 2,000-mile common border. We and older Americans. Mr. INOUYE. Mr. President, on Janu- share a common commitment to de- I was also privileged to meet earlier ary 31, Richard Collins of the staff of mocracy, liberty, and human freedom. with members of Community Year in the Senate Appropriations Committee We are partners in a global economy Montgomery County, Civic Works in retired. Mr. Collins has served the com- that has inextricably linked our fates. Baltimore, and the Maryland Conserva- mittee and the Senate for the past 20 For all of these reasons, United States’ tion Corps to discuss their critical ef- years. It has been my pleasure to have interests are served by helping Mexico forts to rehabilitate housing for low-in- worked closely with Richard through- at its moment of need. I call upon all come families. More recently, my wife out that period. Richard served as the my colleagues to get behind the Presi- was able to visit an AmeriCorps site at clerk and staff director of the two sub- dent in support of this effort—it is in Frostburg State University in western committees I had the fortune to chair the interest of all Americans that this Maryland. The local program, named in the 1980’s and 1990’s, Foreign Oper- initiative succeed. Appalachian Service Through Action ations and Defense. f and Resources or A STAR, provides In each of these positions Richard many types of assistance in areas in- has served me and the Senate profes- NATIONAL SERVICE volving social service and the environ- sionally and faithfully. I will miss his Mr. SARBANES. Mr. President, I was ment. Participants perform duties as knowledge and counsel in the days and proud to cast my vote for the National varied as coordinating environmental years ahead. I can take some solace and Community Service Trust Act of projects at Deep Creek Lake, devel- knowing that Richard plans to remain 1993 when the conference report came oping Victory Gardens in Garrett in the Washington, DC, area. And, I before the Senate for final approval County, working with local Head Start know we shall call upon him often to last September. This was important programs in recruiting volunteers, pro- provide the type of guidance that we legislation intended to marshal the Na- viding independent living assistance have counted upon for the past 20 tion’s best resources—its citizens—to enlarging area food pantries, and estab- years. confront the many pressing problems lishing youth literacy programs. Last Thursday night, the friends of facing communities across the country. Mr. President, it is my view that na- Richard Collins gathered to wish him a The National Service Act, signed into tional service, and those who partici- farewell and happy retirement. On that law on September 21, 1993, has helped pate in it represent the best of our Na- occasion, Richard spoke eloquently renew the ethic of civic responsibility tion. AmeriCorps and other programs about his career in the Senate, his and the spirit of community service under the National Service Act of 1993 many and varied experiences, and what throughout the United States while carry forward an idea rooted in the it meant to him to be a staff member also providing critical assistance in best traditions and values of America— for this body. He spoke of his affection meeting vital human, educational, en- the tradition of serving others, the and reverence for the institution, the vironmental, and public safety needs. value of taking personal responsibility relationship between Members and In light of this, I am troubled by re- for ourselves and our communities, and their staff and the importance of staff cent statements by the House Repub- the belief that to whom much is given, in the operation of the Senate. I know lican leadership expressing opposition much is expected. Through programs that many of my colleagues were in at- to national service, describing it as like AmeriCorps we are providing our tendance that evening and had the gimmickry and coerced voluntarism. I Naiton’s young people with both an op- good fortune to hear this gentleman’s would urge those who put forward portunity and an obligation. It asks farewell remarks, but I believe the

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1973 words and thoughts should be shared Pete Dominici, Judge Heflin, and many oth- to light the way. The lowliest of all was the with all my colleagues. Therefore, ers who still serve. zori mochi whose responsibility—when the today I have risen to place Mr. Collins’ I have so many special memories—few have Emperior removed his sandals to enter a listened to the hopes of Peace Corps volun- household—was to clutch them to his breast address in the RECORD. teers in the distant reaches of Africa as they to keep them warm for the Emperor’s return. Mr. President, there are some 5,000 spoke of bringing water for the first time to His sole object in life was the comfort of the congressional staff members serving humble villages; few have met and wept for Emperor. The story was not lost on me. the House and Senate. They are bright, the children in refugee camps on the Cam- Another man, from whom I also learned a hard working, and virtuous. Richard bodian border; few have stood with Senators great deal, expressed this concept a little Collins has been one of the finest for Inouye and Stevens and Nunn and Warner in more directly. Bill Jordan once told me, many years. The Senate will miss him. the desert of Saudi Arabia and listened to ‘‘Collins I brought you here to hold the lad- the proud declarations of our soldiers who der steady while I climb to success; if I ever I ask unanimous consent that the catch you with your foot on the bottom rung text of Richard Collins’ address be in- accepted and fulfilled America’s responsibility in the world—few have been shot down ***’’ Well, I don’t think he meant it that cluded in the RECORD. in a helicopter over Central America with strongly, but as someone once remarked, the There being no objection, the address Bennett Johnston and lived to hear him tell difference between Bill and Richard is that was ordered to be printed in the the tale—both harrowing experiences, I as- sometimes when he’s kidding, Richard’s kid- RECORD, as follows: sure you. ding. Many, many others have taught me along FAREWELL MY FRIENDS I have done these things. I have seen much. I have spent the night in palaces and in the way: My friends, I am pleased and honored that truck stops. I have slept under the sea and Senator Stevens: ‘‘There is no education in all of you have come here to share in this the second kick of a mule.’’ on the desert. I have been with kings and celebration, this farewell. As you may well Senator Chiles: (Explaining why, during a vagabonds. understand, in the twilight of my career in late night session, he supported a favored In my career, I traveled widely and learned the Senate, I am tempted to delay the end of colleague on what I regarded as a dumb a great deal—how precious our democracy is, the day, to speak at length and to try to amendment) ‘‘Richard, sometimes you have how much we are linked with the world, how reach each of you with a shared memory, a to bet on the jockeys and not the horses.’’ freedom and justice and human rights are in- common experience, a touch of friendship. And then there is another wise man, who divisible. John Donne was right when he I will not do that now; it does not seem shall remain anonymous, who once told me: wrote, ‘‘No man is an island * * * any man’s necessary. The memories will linger, and try ‘‘It is easier to get forgiveness, than it is to death diminishes me, because I am involved to as we might, our experiences can never be get permission.’’ (Libby and Julia, you can in mankind.’’ I believe my experiences, my relived as fully as we would wish (but we forget that.) travel to foreign lands and in strange cul- have had them); and, in any event, you I carried these expressions and others with tures, seasoned my academic learning and know, already, that you are my friends. I me throughout my Senate career as though enabled me to bring prudent judgment to my will take but a brief moment, then, to bur- they were amulets in a medicine bag to be work in the Senate. I believe the same is nish those memories and to express my deep pulled out as needed and rubbed for luck or true for Senators. Foreign travel, exposure appreciation to you and to those with whom to ward off evil. I’ve used them with many of to other cultures and other governments and for whom I have worked. you, sometimes—often—not giving credit to First, I will say that I yield to no one in should not be ridiculed; it ought to be re- those who originated them. my love and respect for the institution that quired of those who would seek to make Now, I have spoken about the legendary zori mochi and about service to Senators and I have tried to serve for the past two dec- America’s way in the world. Over the years, I learned from the humility the Senate and believe me I do trust in and ades. In my time here I have learned that the and courage of others. I remember the re- have followed that ethic. My colleagues and Senate—the Congress—is, indeed, a reflec- solve of Robert Byrd when he quoted, not I adhere to the ethic that service to Senators tion of the American people. Now and then Shakespeare, not a history of the English and to the Senate is our purpose in being there may be a whiff of scandal, of human people, but William Ernest Henley’s poem here. We are proud to be on the staff of the frailty, but I think of greater importance ‘‘Invictus.’’ United States Senate. and of more lasting significance is the cour- In the fell clutch of circumstance Pat Leahy is fond of saying that Senators age and heroism of those who rise every day are merely a constitutional impediment to and strive to do what is right for America I have not winced nor cried aloud. Under the bludgeoning of chance the full authority of staff. I know he’s kid- and her people. I, and you, each of you, have ding. I am certain he would agree that staff My head is bloody, but unbowed. been privileged to be a part of that. For this, are important. I think they are essential to we should be eternally grateful. Chairman Byrd read that poem on the floor the operation of the Senate. This is no easy task, this coping with daily the day after the Democrats lost control of It happens that some people attribute all life. Chekhov said, ‘‘Any idiot can face a cri- the Senate in 1980. He inspired us to carry success, all good works to Senators alone. I sis—it’s this day-to-day living that wears on. do not fully agree. Perhaps the best way to you out.’’ He may have had something there. I remember the grace and charity of Chair- explain my view is to recall a story my It’s true, as I have contemplated my retire- man Hatfield, when he called all of the ap- grandfather—a swamp Yankee farmer from ment and the onset of a new career, I have propriations staff together after that elec- Connecticut—once told me. His name was asked myself, do you have the energy and re- tion and thanked us—winners and losers—for Everett Thompson. One day he was out in solve to start again? the work we had done and would still do. We one of his fields, tilling the soil. The rock Ubetcha! felt like soldiers at Gettysburg listening to walls which surrounded the land which had I find myself remembering the advice of Lincoln as he praised the sacrifices of men been cleared of trees and stone gave testi- the American philosopher and baseball play- on both sides of that terrible battle. mony to the hard work he had put into the er, Leroy Robert Paige. Among the sayings Throughout these 20 years and more, farm. On this day, a circuit preacher came of the great ‘‘Satchel’’ Paige perhaps the throughout it all, my liege, foremost among riding up, saw my grandfather and said, best known is, ‘‘Don’t look back. Something those I have sought to serve, has been Dan ‘‘Why Mister Thompson, this is a wonderful might be gaining on you.’’ My favorite, how- Inouye of Hawaii. He is a man of great cour- farm which the Lord and you have made.’’ ever, is his dismissal of those who put too age and integrity; a man who has suffered My grandfather took out his large red farm- much weight of the chronology of age. He much, achieved much, and has heard both er’s handkerchief, wiped his brow, and said, said, ‘‘How old would you be, if your didn’t the thunder of applause and the whisper of ‘‘Maybe so, but you should have seen it when know how old that you was?’’ unfair and unjust accusation—and he is a the Lord had it by himself.’’ I am not worn out nor weary; I know that man who has always risen to renew his serv- I do think staff is important. I think the I will age, but I am not going to grow old. I ice to his country, to the Senate, and to the sacrifices which we ask of the young who look forward to new challenges and I will people of Hawaii. come to work here places a great responsi- seek new ways to serve. I intend to set sail Some of you know of my recent match bility on us, Senators and senior staff alike, again. with prostate cancer—it’s OK now, all is to ensure that their dedication to the prin- I am deeply, profoundly, honored to have well. But, let me say that the example of ciples of democracy and representative gov- known and worked with Senator Inouye, Dan Inouye, this man of strength and cour- ernment is nourished and strengthened. Senator Hatfield, Senator Stevens, and Sen- age was the compass by which I guided my There will be partisan battles, to be sure. ator Byrd—all my chairmen, all my leaders, behavior as I went through that difficult pas- But we must also remind them, by our exam- all my mentors, and friends. sage. No honor has ever meant as much to ple and by our counsel, of the greatness of There are many others, some of whom are me as hearing him call me friend. this institution. still in the Senate and some of whom are Well now, Senator Inouye once told me That greatness, I fear, is sometimes lost in gone. I remember them all. John Stennis, about the zori mochi. He said, in ancient the thickets of procedure. Reconciliation has Lawton Chiles, Jake Garn, Tom Eagleton, Japan, when the Emperor went out for an in recent years come to denote that onerous Malcolm Wallop—so many more who are no evening, among his retinue was one man who process by which the faulty spending esti- longer in the Senate. Barbara Mikulski, sounded a gong to alert others that the Em- mates of the budget committees are matched Chris Dodd, Joe Lieberman, Don Nickles, peror was coming. Another carried a latern to the faulty revenue estimates of the CBO.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1974 CONGRESSIONAL RECORD — SENATE February 2, 1995 To me, another kind of reconciliation has al- was established by President Kennedy. Federal job training programs, Focus: ways been the wonder of this place. How to He spent virtually his entire Federal Hope actually works. It produces real effect peaceful social change? How to rec- career in the refugee resettlement pro- and lasting results; of course, that oncile the views of a Paul Wellstone with gram: from the early 1960’s Cuban ref- might seem unorthodox in this town, those of a John McCain, giving each a fair hearing and then moving to decide what is ugee flow beginnings to the 1975 Indo- which sometimes appears immune to best for democracy, best for America. That is chinese Refugee Assistance Program to outrage over wasted tax dollars and ob- the Senate I revere. the current domestic program estab- solete or ineffectual social programs. It is of surpassing importance that the lished under the Refugee Act of 1980. Let me offer a glimpse of the mindset Senate recruit, reward, and recognize its Phil Holman’s career has certainly which makes ‘‘Focus: Hope so unique staff. We must have the best; we must pay come full circle as we struggle today and—I believe—so successful. An arti- them competitive wages; we must acknowl- with the current Cuban migration cri- cle appearing in the March 1994 issue of edge their contribution to the legislative sis. ‘‘Ward’s Auto World’’ noted that father process. All of this talk about limited terms—if Millions of refugees admitted to the Cunningham saw Focus: Hope’s mission they are enacted, power will flow to the staff United States in the past 33 years have this way: as the source of memory and knowledge; if had their new lives touched in some Focus: Hope remains at its core a civil staff is cut too far; special interest groups way by Phil Holman’s work. His dec- rights organization, but [father will become the source of information and ades of service are deeply appreciated, Cunningham] cites [their] machinist train- power. We can and should reduce staff; but and I would urge my colleagues to join ing effort as simply a new approach. Father we must be careful; they have become a key me in expressing our gratitude for a Cunningham says of 200 machine shops that part of the process. fine job well done. hired graduates from the [Focus: Hope] ma- I am not too worried about all of this. chinists institute, all except two were hiring Staff has been a part of Government for f their first African-American or woman. We thousands of years. I know, because just the FATHER WILLIAM CUNNINGHAM could have been suing them, he shrugs. other day I read in the Bible, ‘‘And Joseph AND FOCUS: HOPE Mr. President, while some groups are leaned on his staff, and he died.’’ Mr. ABRAHAM. Mr. President, re- obsessed with talking about expanding My friends, I have gone on too long. I could opportunities, Father Cunningham’s have spared you all of this by reading a few cently the Committee on Labor and lines of poetry. I have found poetry—the dis- Human Resources, on which I serve, approach is a breath of fresh air. He be- tillation of human emotion and experience— held 3 days of hearings on reforming lieves the best method for truly em- to be a great source of comfort, insight, and the Federal Government’s system of powering people is to educate them, inspiration over the years. The poem which job training programs. teach them a marketable skill, develop best sums up who I am—at this stage in my Over the course of the hearings, the in them responsibility, motivation, and life—is Tennyson’s ‘‘Ulysses.’’ I will leave maturity—not simply to file a lawsuit you with a few fragments from this great committee heard testimony from a wide array of interested parties: Cli- on their behalf. work. For the benefit of any of my col- Much have I seen and known; cities of men ents of training programs; experts from academia and think tanks; business- leagues who are not familiar with fa- And manners, climates, councils, ther Cunningham’s work, let me offer a governments*** men, organized labor, and the General few quotes from his testimony: I am a part of all that I have met; Accounting Office. Wisconsin Gov. Yet all experience is an arch wherethrough Tommy Thompson appeared and testi- I would emphasize advanced job skills rep- Gleems that untravelled world, whose mar- fied about the laboratory the various resenting new technologies, future technologies. In that vein, I would require that gin fades States provide, where some of the most For ever and for ever when I move. defense and commerce play a larger role in innovative reform ideas are already at establishing national skills priorities * * * How dull it is to pause, to make an end, work. In addition, Secretary of Labor We must understand and balance the dif- To rust unburnished, not to shine in use! Robert Reich and OMB Director Alice ference between providing jobs for the peo- Some work of noble note, may yet be done Rivlin presented the administration’s ple—and everybody’s hearts ought to be in Tis not too late to seek a newer world perspective on what shape reform of that—and keep attention on providing capa- Though much is taken, much abides; and the system should take. ble and skilled persons for job demands. That though However, this Senator thought the is an entirely different picture. We are not now that strength which in old most interesting testimony came from The industry was changing so rapidly that the machinist of 1981 was completely inad- days the last panel to appear on the hear- Moved earth and heaven; that which we are, equate for the machine tools of 1988, the ing’s final day. Chairman KASSEBAUM computer and numerically controlled ma- we are; wished to supplement the testimony of One equal temper of heroic hearts, chines. * * * In 1993, the state of the art is al- Made weak by time and fate, but strong in the usual array of witnesses with per- ready catapulting so rapidly in technology will haps less conventional viewpoints. She that—well, I will just give you one figure. A To strive, to seek, to find, and not to yield. selected individuals from around the lathe in 1981 with 3,000 RPM is replaced by country who have personally been in- Ingersol, by a machining center, with 60,000 Thank you my friends. Thank you for your RPM. friendship, your counsel, your encourage- volved in starting and administering The universities are still dealing with the ment. Thank you for your work, which made innovative, community-based training engineering code of 1970. So what we are mine worthy. and education programs. One of the in- doing is very expensively putting all these f dividuals she invited to participate was kids through college, getting them engineer- Father Bill Cunningham, the executive ing degrees, and then when they go to work THE RETIREMENT OF PHILIP A. director of the Focus: Hope Program in for Ford Motor Co., they have to spend an- HOLMAN, DIRECTOR OF THE DI- Detroit, MI. other 6 years training them. VISION OF POLICY AND ANAL- Focus: Hope and Father Cunningham Finally, let me highlight one obser- YSIS IN THE OFFICE OF REF- are certainly not strangers to the vation that was agreed to by everyone UGEE RESETTLEMENT Labor Committee. Just last September, on Father Cunningham’s panel. Chair- Mr. SIMPSON. Mr. President, I rise Father Cunningham appeared before man KASSEBAUM inquired about the ef- today to recognize a most distin- the Labor Committee to testify about ficacy of requiring people to obtain em- guished public servant who is retiring the Focus: Hope Program and its work ployment first before receiving a this month after nearly 33 years of in educating and training people. It is voucher for further job training. It was Federal service. Phil Holman, the Di- a testament to his dedication and suc- noted that often the most effective rector of the Division of Policy and cess that Father Cunningham would be training and education programs are Analysis in the Office of Refugee Reset- invited to testify by both Democrats those in which people both work and go tlement is a man that I and my fine and Republicans when each had control to school either for education or to staff on the Immigration Sub- of the Labor Committee. learn a particular skill. On that point, committee have worked with for many Mr. President, Focus: Hope is often Father Cunningham offered his insight years. described as unorthodox in its method- based on his work at Focus: Hope: Phil Holman joined the Cuban Refu- ology. It is certainly unorthodox in one I am in total agreement with my col- gees Program in 1962, shortly after it respect: Unlike the vast majority of leagues up here. The masters program we

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1975 have in engineering at Focus: Hope requires The fiscal irresponsibility of Con- Mr. President, the Mexican Govern- a 40-hour workweek, and that is not work- gress has created a Federal debt which ment has a credibility gap, and for ob- study. It is not work-study * * *. The work stood at $4,810,859,576,867.71 as of the vious reasons. Just one example: There they do and the skills they are developing close of business Wednesday, February are some 2,000 United States claimants dictate the knowledge they need to draw down. And if the university cannot provide 1. Averaged out, every man, woman, protesting Mexico’s refusal to pay that knowledge, the university is irrelevant. and child in America owes a share of about $19 billion owed under a little- So the knowledge drawdown assimilates this massive debt, and that per capita known 1941 treaty—the Treaty on Final knowledge at, as I said earlier, geometric share is $18,262.11. Settlement of Certain Claims—which proportions. So the young people there are f provided for settlement of longstanding learning four and five and six times faster disputed property claims. The United THE CLINTON BAILOUT OF MEXICO than the normal engineering candidate at a States fully met its obligations by 1948, major university, simply because they are Mr. HELMS. Mr. President, our of- but Mexico broke its promise. The seeing the relevance of what they are learn- fices in Washington and North Carolina Mexicans signed the treaty on the dot- ing in terms of the demands of the work- have been inundated with calls pro- place. ted line knowing full well that it was testing President Clinton’s decision to never intended that Mexico would com- Mr. President, judging by the testi- bypass Congress and, more impor- mony provided to the committee dur- pensate these Americans. To this day, tantly, Mr. Clinton’s willingness to ig- not a dime nor a peso has ever been ing the 3 days of the hearing, Focus: nore the emphatic will of the American Hope is precisely the type of program paid to an American claimant. people. In any event, that is what Mr. Mexico doesn’t hesitate to break its we should be attempting to replicate Clinton has done with his unilateral $20 promises to the United States, much around the country. However, the les- billion bailout of Mexico. less to violate United States policies. son is not that the Government should I have opposed this scheme from the For example: Mexico is giving aid and dictate that all recipients of Federal very beginning because it will do noth- comfort to Fidel Castro by investing in dollars exactly mirror Focus: Hope in ing to remedy Mexico’s internal prob- Cuba’s economy, notwithstanding the concept and design, but that the Gov- lem and it is unfair to American tax- United States trade embargo. Accord- ernment seek out programs with a payers. Last week, I presided over in- ing to Cuba Report, published by the proven track record of success and a depth hearings by the Foreign Rela- Miami Herald, the Mexicans are financ- proven base of support in their commu- tions Committee. Witness after witness ing Cuba’s telephone company to the nity or region. warned the President not to violate the tune of $1.5 billion, And, by the way, This Senator believes the best meth- will of the American people in this the Cuban phone company is a con- od for accomplishing this is to get the matter. fiscated United States business. Also, a money into the hands of State and Mr. President, if this were as impor- Mexican-Cuba joint venture will invest local officials who have a better idea as tant as the President would have us be- $100 million in a Cuban oil refinery. to which programs are working and lieve, then Congress should debate the The dominant member of this venture where our limited resources are best bailout and vote on it, up or down, for will be Pemex, the Mexican’s Govern- utilized, that certainly has been the ex- or against. Before the taxpayers’ ment-owned oil company. perience in my State of Michigan, money is put at risk, however, the peo- The Mexican Foreign Minister was where our citizens have had tremen- ple being forced to foot the bill should quoted by the January 27 Financial dous success under the leadership of have a say. The $20 billion in question Times as saying that ‘‘the typical U.S. Gov. John Engler, in forging a state- is an enormous amount of money. It is politician is not necessarily someone wide partnership to enact real reform more than the annual budget of the who is very conscious of international in such areas as job training and wel- State of North Carolina; it is larger subjects. Even supposing they know fare. than the annual budgets of 16 of the 18 where Mexico is * * * they lack infor- Once again, let me congratulate Fa- States represented on the Foreign Re- mation about what happens in Mex- ther Cunningham on his appearance be- lations Committee. ico.’’ fore the Senate’s Labor and Human Re- I am not convinced that refusal to Mr. President, this is the same fellow sources Committee and commend him bailout Mexico would be the disaster who came to Washington with an out- for his fine work at Focus: Hope. It is that the administration has described. stretched hand pleading for cash. individuals like Father Cunningham Many topflight economists say the Mexico’s international debt stands at and organizations like Focus: Hope same. The Mexican people are already $180 billion. According to the United which have made this country great suffering, a condition that will improve States Treasury Department’s own es- and stand to make a positive difference only with solid political and economic timate, the Mexican debt coming due in our future. We would be wise to offer reform, not as the result of a bailout. in 1995 alone—both public and private them our assistance and follow their Mr. President, on several occasions sector debt—is more than $80 billion. example. between 1980 and 1994, Mexico used dol- What Mexico sorely needs is to get at Mr. President, I yield the floor. lars drawn from a special line of credit the root causes of its problems so that f at the United States Treasury. The it will cease to require emergency United States has also aided Mexico intervention by the United States tax- WAS CONGRESS IRRESPONSIBLE? with bridge loans, bank credits, cur- payers. THE VOTERS HAVE SAID YES rency swaps, and guarantees, all to Mr. President, Mexican President Mr. HELMS. Mr. President, anyone shore up confidence in Mexico. Assist- Zedillo has a tough road to travel: He even remotely familiar with the U.S. ance from Uncle Sam usually has come must solve the short term economic Constitution knows that no President right around election time in Mexico. crisis; provide for a long-term eco- can spend a dime of Federal tax money Credit lines from the United States and nomic stability; end a civil uprising; that has not first been authorized and other countries, amounting to as much address corruption; stop drug traf- appropriated by Congress—both the as $12 billion, were negotiated twice in ficking, and initiate political reforms. House of Representatives and the U.S. the past 15 months alone. Properly addressing these issues is Senate. With the exception of last week’s what’s needed to shore-up investor con- So when you hear a politician or an hearings narrowly focused on the peso fidence. editor or a commentator declare that crisis, the Senate has not held hearings Mexico would be better off letting ‘‘Reagan ran up the Federal debt’’ or on the situation in Mexico since 1986. the markets set the value of the peso that ‘‘Bush ran it up,’’ bear in mind Since the President is obviously will- and Mexican stocks and bonds. The that it was, and is, the constitutional ing to risk saddling the taxpayers with U.S. Government has no business bail- duty of Congress to control Federal $20 billion of debt, I believe Congress ing-out private or public investors who spending. We’d better get busy cor- has a fundamental obligation to exam- lose money on highly speculative in- recting this because Congress has ine carefully the political and eco- vestments. failed miserably to do it for about 50 nomic situation in Mexico and the ad- In testimony last week before the years. ministration’s policy toward Mexico. Foreign Relations Committee, experts

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1976 CONGRESSIONAL RECORD — SENATE February 2, 1995 recommended that Mexico eliminate of Mexico in order to ensure that we are re- Mexico will provide backing in the form of its wage and price controls; reform its paid? proceeds from oil exports in the event it banking industry; increase the pace of Answer. Mexico will pay substantial fees can’t meet its obligations. upfront to more than cover scoring costs. Mexico will be required to agree to sub- privatization and further open their oil Mexico will provide backing in the form of stantial economic conditions and comply company and other State-controlled proceeds from oil exports in the event it with them during the period that the guar- entities to foreign investment, and can’t meet its obligations. then tighten its fiscal and monetary Mexico will be required to agree to strong antees are made available. policies. economic conditions and comply with them These conditions will be designed to ensure A bailout of Mexico is bad policy. It during the period that the guarantees are that these proceeds of the guarantee are used may provide some illusory short term made available. prudently. These conditions will focus on the mone- relief, but it fails to address the root Question 8. Will an authorization of $40 bil- tary and fiscal policies necessary to restore lion do the job of stabilizing the situation? Is causes of Mexico’s woes. We’ve been growth and thereby generate resources to told that the imposition of any condi- this the last time the Administration will repay its obligations. need to come back to Congress for loan guar- We will prepare and transmit to Congress tions, such as: First, drug trafficking antees for Mexico? controls; second, extradition of Mexi- reports at least quarterly on Mexico’s com- can citizens involved in United States pliance with the conditions as set out in the Answer. We believe $40 billion will be sufficient to restore stability, and in fact, we crimes, and third, resolution of all out- legislation and elaborated in consultations with Mexican officials. think it is highly unlikely that Mexico standing claims against Mexico by Question 3. What specific economic struc- would use the entire $40 billion of guarantee United States citizens—these condi- tural adjustments will the United States re- authority. tions are too politically sensitive for quire of Mexico? Mexico has a liquidity problem that can be the Mexicans. It might hurt some- Answer. Mexico has implemented a number overcome in a relatively short period of body’s feelings. But, I for one, wonder of structural changes in its economy over time. We anticipate that Mexico will be able why the Mexicans seek United States the past decade, notably the liberalization of to return to private capital markets and bor- financial aid with one hand, while they trade restrictions, the privatization of state- row in its own name within a relatively owned enterprises, the establishment of an short period of time. sustain Fidel Castro’s brutal dictator- independent central bank, and the restora- ship with the other. tion of some balance to public finances. Mex- With these guarantees and an appropriate It boils down to this, Mr. President: ico has announced its intention to undertake economic program, we do not anticipate a When an American taxpayer gets a further structural changes, including further need to return to Congress to request addi- loan from his local bank to buy a privatization steps. Progress in making tional guarantee authority. house, the property is security for the these reforms will be taken into account in Question 9. In Administration briefings to loan, as Uncle Sam doesn’t cosign the extending the guarantees. Congress on the peso crisis, U.S. officials note. Yet, that is exactly what Mr. Question 4. Will each and every condition have stated that economic policies and deci- be made public? If not, will Members of Con- sions made by former Mexican President Sa- Clinton is proposing, namely that the gress be able to obtain information on those linas are directly responsible for the current United States sign the $20 billion note. conditions. crisis. Given this, does the Administration In my judgment, the United States Answer. The legislation will itself stipu- continue to support President Salinas to and the Mexican Governments are per- late many conditions. Conditions established head the World Trade Organization? petuating an unhealthy situation in in the agreement negotiated between the Answer. The United States supports the which Mexico has grown dependent on U.S. government and Mexico prior to the candidacy of former President Salinas to us to fix its financial problems. It’s bad issue of guarantees will be provided to Con- head the World Trade Organization. As for Mexico and it’s unfair to the Amer- gress if appropriate on a confidential basis. President of Mexico, Salinas led his country We also intend to prepare and transmit to through a successful process of economic re- ican taxpayers. This is the seventh Congress reports at least quarterly on Mexi- form and trade liberalization. He also rep- time since 1982 that the United States co’s compliance with the conditions as set resents a bridge between the developing taxpayers have bailed-out Mexicans out in the legislation and elaborated in con- world and the industrialized nations. and have rewarded wealthy bankers sultations with Mexican officials. who have made bad loans. Question 5. How was the $40 billion figure The issue of whether the Mexican govern- The American taxpayers should not arrived at as the appropriate amount to deal ment should have devalued or not is a highly be placed at risk in bailing-out Wall with the current situation? technical issue where economists disagree. Answer. A substantial amount of Mexican The decision not to devalue does not dis- Street bankers and speculators, par- debt will mature over the next 12 to 18 qualify former President Salinas. We con- ticularly since the Federal Govern- months. This includes public and private ex- tinue to believe he is the best candidate for ment has already run up a 4 trillion, ternal debt as well as the dollar-indexed the job and is well-qualified to take on the 800 billion dollar debt which our grand- Tesobonos. We believe that $40 billion pro- challenges facing the global trading system. children and their grandchildren will vides a reasonable safety net to be used to Question 10. Please describe in detail all have to pay. refinance maturing debt that is not being fees that will be incurred by the Government Mr. President, on January 18, I sent rolled over. The amount of $40 billion will of Mexico in order to secure the guarantee. the administration 35 questions about convince the market that Mexico will have What will be the amount charged for each fee the proposed bailout. I ask unanimous more than adequate resources to meet what category? How is the fee amount deter- we view as a short-term liquidity problem. mined? consent that the responses, which I re- Question 6. Will the $40 billion in guaran- ceived 8 days later, be printed in the tees cover both principal and interest? Answer. The fee will have three compo- RECORD at the conclusion of my re- Answer. Under the guarantee arrangement nents: commitment fees, basic fees, and sup- marks. with Mexico, the coverage will be up to 100% plemental fees. There being no objection, the mate- of principal and interest. The commitment fee will be set as a % of rial was ordered to be printed in the There are a number of U.S. Government total guaranteed authority. guarantee programs which provide full cov- The basic fee will be set to correspond to RECORD, as follows: erage of principal and interest. These include the U.S. budget scoring cost as determined QUESTIONS AND ANSWERS the Israeli guarantees administered by by OMB and CBO under the current scoring Question 1. Is the Secretary of the Treasury USAID. system. It will be paid when each guarantee prepared to recommend to the President that We will be charging the Mexicans substan- is issued. he explain, in writing, to the U.S. Congress tial fees for this full guarantee coverage. the urgency and necessity of authorizing $40 These fees will move than cover the budget The supplemental fee will be set by the billion in loan guarantees to Mexico? If so, costs of the program, effectively reduce the Secretary of the Treasury to ensure that has such a recommendation been made or exposure of the United States Government, Mexico return to private capital markets as when can it be expected? and encourage the Mexicans to limit the use soon as possible. Answer. The President addressed the ur- and coverage of the guarantees. These fees will more than offset any esti- gency and necessity of obtaining legislation Question 7. What does the Treasury cal- mated budget costs to the United States authorizing a loan guarantee facility in his culate to be the total risk to the United Government. January 18 remarks at the Treasury Depart- States should the Government of Mexico de- Question 11. Will the Government of Mexico ment and in the State of the Union. And he fault? wrote to the bipartisan leadership on Janu- Answer. We think the risks to U.S. tax- be able to borrow against the loan guaran- ary 19. payers are small even if Mexico defaults. tees in order to pay the fees mandated in any Question 2. What specific conditions will Mexico will pay substantial fees upfront to stabilization program? the United States require of the Government more than cover scoring costs. Answer. Yes.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1977 Question 12. What amount of collateral that Mexico owes the United States or U.S. sents a unique risk of contagion to other does the Treasury Department believe is suf- institutions? emerging markets. ficient to protect against the risk should the Answer. As of September 1994, reported We will be exploring ways that inter- loan guarantees be used by the Government U.S. private and public debt claims on Mex- national financial institutions are prepared of Mexico? How was the amount of the col- ico total $44 billion. These include: claims on and can respond to similar situations in the lateral determined? Mexico of U.S. based banks of $21 billion, future. Answer. Treasury and Mexico will estab- short-term claims held by U.S. non-banks of Question 27. What other countries or inter- lish the oil proceeds facility to provide pro- $4 billion, U.S. holdings of Mexican bonds of national institutions will be involved in protection for the total potential U.S. exposure $18 billion, and U.S. official agencies’ credits viding financial support to Mexico in re- under the guarantee program—dollar for dol- of $1 billion. (These figures do not include sponse to the crisis? What specific steps are lar. U.S. holdings of stocks or U.S. direct invest- being taken by the U.S. government to se- Question 16. What steps has President ment, which are substantial.) cure international cooperation? Zedillo taken to alleviate the crisis since the Question 20. What is the current amount (in Answer. Canada is already providing about situation began in December? dollars) of Mexico’s international reserves? $1.5 billion Canadian dollars (approx. U.S. $1 Answer. The initial action taken by Presi- Answer. As of January 6, the Banco de billion) in swap credits. The central banks dent Zedillo was to renegotiate the PACTO, Mexico’s international reserves were $5,546 from other industrialized countries, under a tripartite (government, business, and million. the auspices of the Bank of International labor) agreement that sets economic objec- Question 21. What is the amount, in dollars, Settlements, are arranging about $5 billion tives, including wage increases, inflation and of Mexico’s ‘‘short-term obligations’’ that for Mexico. economic growth. are now coming due? The International Monetary Fund is ar- The Mexican Government also announced Answer. Mexico faces maturity obligations ranging a sizable credit in support of a pro- plans to reduce the growth of credit issued in 1995 totalling approximately $81 billion. gram with Mexico. Mexico is proceeding to by the development banks and to accelerate This sum includes both the external debt of negotiate with the World Bank and the the privatization program. the public and private sector, as well as pub- Inter-American Development Bank addi- The Mexican Government then requested lic domestic debt obligations—Tesbonos— tional loans, which will provide Mexico with the U.S. and Canada to activate the swaps that are linked to the peso value of the dol- a considerable amount of foreign exchange agreed to under the North American Frame- lar. this year. work Agreement of April 26, 1995. Much of this debt will be rolled over in the We are now in the process of encouraging As the market reaction indicated a lack of normal course of business. However, Mexico other countries to join the effort. confidence in the Mexican economic program has been having a particularly difficult time Question 28. Has the Administration con- this program was strengthened. On January rolling over maturity Tesobonos. In addi- sidered requiring the Government of Mexico 2, President Zedillo announced additional tion, some Mexican banks have had dif- to make progress in solving and bringing to measures aimed at restoring better economic ficulty rolling over maturing debt. justice those responsible for the recent as- balance. These include plans to reduce gov- Question 22. What is the amount (in dol- sassinations of prominent Mexican political ernment budget expenditures, to privatize lars) of gold that Mexico either holds or has candidates and officials as a condition for still more government-owned facilities. And access to? authorizing loan guarantees? to conduct a more stringent monetary pol- Answer. As of end-June, 1994, the gold hold- Answer. In his inaugural address, Presi- icy. ings of the Bank of Mexico were 425,000 Fine dent Zedillo said that the Mexican people At this time, the establishment of a $18 bil- Troy Ounces. At $380 per ounce, the value were not satisfied with the results of the lion facility was announced. This included $9 would be $161.5 million. Government’s inquiries into the killings of billion from the United States split equally Question 23. What is the estimate of flight presidential candidate Colosio, political between the Treasury and the Federal Re- capital from New Mexico over the past party leader Ruiz Massieu or Catholic Car- serve, and $1.5 billion from the Bank of Can- twelve months? dinal Posadas. He pledged that justice will be ada, $5 billion from a consortium of central Answer. Flight capital is inherently dif- served. banks organized under the auspices of the ficult to measure. The general consensus of Zedillo instructed his Attorney General, a Bank for International Settlements, and $3 economic experts on Mexico is that Mexico’s member of the conservative opposition PAN billion from a group of private banks. balance of payment from problem resulted party, to intensify efforts to resolve these The Mexican Government also announced more from the drying up of foreign portfolio crimes. The Attorney General, in turn, ap- its intention to negotiate a Stand-by agree- investment than capital flight. According to pointed a special prosecutor to investigate ment with the International Monetary Fund. the Federal Reserve, which uses World Bank these cases. The special prosecutor has al- Negotiations are ongoing regarding the sta- standard methodology, capital flight may ready held public news conferences to discuss bilization measures that Mexico will put in have totaled $8–$10 billion in 1994. the status of his inquiries. place under this agreement. Question 24. What steps will the United In these circumstances, we consider that Question 17. What steps did the United States insist upon to end flight capital? conditioning authorization of loan guaran- States Government take in December to sta- Answer. The only enduring way is to re- tees on specific progress would be inappro- bilize the peso? store confidence of domestic and foreign in- priate. Answer. The United States activated its $6 vestors in the economic policies and ex- Question 29. How much does the Treasury billion swap facility and then temporarily change rate of Mexico. The measures that Department estimate U.S. companies/busi- increased it to $9 billion. We did not inter- Mexico takes to stabilize its economy—strin- nesses have lost in Mexico since the current vene in the foreign exchange market, nor gent monetary policies and attractive real situation began? were there any drawings on our swap facility interest rates, are aimed at restoring con- Answer. We have no reliable estimate on during December. fidence. losses. In early January, the Mexican government Question 25. What specific assurances can We have a substantial stake in Mexico, announced that it had made initial drawings the Treasury Department give to the Con- which has already been adversely affected by from the Treasury and Federal Reserve swap gress that no loan guarantees provided by the financial crisis. facilities. the United States will be used to subsidize or There is $40 billion of exports at risk, Question 18. What is the Treasury Depart- otherwise underwrite Mexican commercial which support 700,000 jobs. ment’s position as to requiring, as part of a transactions that negatively impact on U.S. The U.S. has $53.1 billion in foreign direct stabilization package, a commitment by the national interests, including Mexican debt- investment. Government of Mexico to create a currency for-equity swaps with Cuba? U.S. investors hold $36.5 billion in Mexican board or some other mechanism that will Answer. The Government of Mexico has in- bonds and equities. guarantee the independence of the monetary dicated that it is prepared to make specific Question 31. Will Mexican economic reform authority? assurances that these loan guarantees would efforts and austerity programs lead to a Answer. The most important thing for not be used to subsidize or otherwise under- tighter monetary policy, higher inflation, Mexico to do in the short-term is to put in write the types of transactions with Cuba and high unemployment in Mexico? Has the place tight, effective controls on credit and raised in the above question. Treasury Department made projections as to money. There are lots of ways to do this, and Question 26. As the situation presently con- the inflation and unemployment rates in we are looking at the alternatives with the fronting Mexico is also faced by other devel- Mexico for 1995 and 1996? Mexican authorities and the IMF. oping countries, is the Administration pre- Answer. The Mexican authorities have an- Currency boards have worked well in cer- pared to propose similar stabilization plans nounced plans for tightening marcoeconomic tain circumstances, such as in Hong Kong. should other nations find themselves facing policy in 1995, and are in the process of work- But they are controversial, and they cannot a situation similar to that confronting Mex- ing with the IMF on a macroeconomics sta- substitute for the need to put in place a cred- ico? bilization program. These policy steps in- ible and effective economic program. In addi- Answer. Mexico is unique in terms of its clude a monetary policy stance that will be tion, they require a substantial cushion of strategic importance to the U.S. The U.S. considerably tighter in 1995 than it was last reserves, which Mexico now lacks. and Mexico share a 2,000 mile border, rapidly year. Question 19. What is the current amount (in growing trade and economic ties, and grow- Inflation in Mexico—which was in single dollars) of both official and commercial debt ing prosperity. And, the crisis in Mexico pre- digits in 1994—is expected to be considerably

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1978 CONGRESSIONAL RECORD — SENATE February 2, 1995 higher this year, reflecting increases in Answer. The banking system in Mexico has cent of one year’s proceeds of Mexican oil ex- prices of imports following the recent sharp been adversely affected by financial develop- ports. depreciation value in the peso. The tight- ments in Mexico in a number of ways. Credit PEMEX has also entered into an oil pro- ening of policy, as well as the international lines to Mexican banks have come under ceeds facility with the United States and support program, is intended to keep a price- pressure, making funding more difficult. The Canada to back up the drawings under the wage spiral from getting underway and ulti- capital ratios for Mexican banks are likely swap lines established by the North Amer- mately return Mexico to a lower inflationary to have declined, since as a result of the de- ican Framework Agreement. path. valuation, the peso value of dollar-denomi- This facility is currently backing up the $1 The financial problems in Mexico can be nated assets has risen, while the banks’ cap- billion that Mexico has drawn this month. expected to lead to recession and higher un- ital remains unchanged in peso terms. Fi- FORMER OIL FACILITY ARRANGEMENTS employment in Mexico in the next year. The nally, to the extent that recent develop- Mexican authorities have taken steps to con- ments have increased the financial difficul- Question. Has this oil facility arrangement tain as much as possible the wage pressures ties of some Mexican firms, banks are likely been put in place before? that are likely to be felt in the aftermath of to suffer from increased loan losses. Answer. Yes, on five occasions since 1982. the peso depreciation. To the extent that However, foreign banks will be given great- However, oil proceeds have never been these efforts are successful, employment er opportunities to invest in the Mexican transferred because Mexico has always paid losses will be reduced. The international sup- banking system, which should help strength- off its loan obligations on time. port program, by averting a protracted crisis en the banking system both in capital and CONSTITUTIONAL OBLIGATIONS and a potential collapse in Mexican eco- management. Question. Are there any Mexican constitu- nomic activity, should help minimize the If the U.S. loan guarantee proposal for tional restrictions on control and ownership rise in unemployment associated with the Mexico is approved, it should help mitigate of PEMEX that could undermine this ar- nessary Mexican adjustment. the risks to the Mexican banking system. rangement? Treasury has not made projections for BACKING FOR THE U.S. GUARANTEES Answer. No. There are constitutional re- Mexican inflation and unemployment for The United States guarantees will be strictions on the foreign ownership and con- 1995 and 1996. backed in two ways by Mexico. trol of PEMEX, but they do not affect the Question 32. Would higher inflation and First, the Mexican commitments to the higher interest rates make it more difficult ability of PEMEX commit its resources to United States will be backed by the full faith the United States Government under this fa- for Mexico to repay any loans backed by U.S. and credit of the Mexican Government. This loan guarantees? Would such economic con- cility. is a legal commitment by the Mexican Gov- This mechanism has been put in place on ditions increase the likelihood of default by ernment to repay the securities issued under Mexico? five prior occasions, and Mexican govern- U.S. guarantees. The United States will only ment attorneys have always issued legal Answer. Yes, higher inflation if sustained issue the guarantees on the condition that and especially if accelerating, would impede opinions stating that the mechanism is fully the Mexicans adopt a strict economic and fi- consistent with Mexican law. the efficiency of the Mexican economy and nancial program to help ensure that the make it less attractive to foreign investors. Mexican economy has the resources to meet POSSIBLE PEMEX EVASION Both outcomes would undermine the peso these obligations. In addition, the Mexican Question. Is there any way that PEMEX and make it more difficult for Mexico to commitment to repay will be backed by could get around its obligations to the service its external debt, including that Mexico’s revenues from oil exports. (Mexico United States government in the event of a backed by U.S. loan guarantees. exports about $6.5 billion of oil each year.) non-payment by the Mexican government The international support program is The United States would have access to under a guaranteed security? aimed at ensuring that Mexican reforms con- these revenues in the event of non-payment Answer. We are making this facility as air tinue in a stable macroeconomics setting. by the Mexican Government. The revenues tight as possible. The program will allow the Mexicans to would flow to the United States Government Mexico has agreed that PEMEX will issue make the necessary adjustments with a through a four step process based on irrev- irrevocable instructions to all of its existing lower inflation rate than otherwise would be ocable instructions: foreign customers to have dollar payments the case and in a political environment that 1. Before a guarantee is given, Mexico’s oil routed to a commercial bank in the United would not jeopardize their reforms. Restora- company, PEMEX, will instruct its foreign States. Under these instructions, these pay- tion of a stable economic and political envi- customers to deposit the payments for their ments would automatically flow to the New ronment will reduce the likelihood of default oil purchases in a PEMEX account in a com- York Federal Reserve Bank in the event of a by Mexico. mercial bank in the United States. Such pay- default. Question 33. As the Mexican economy con- ments will begin on the first day when Mex- This provides excellent protection because tracts, what is the Treasury Department’s ico could be in default on its payment obliga- the funds will be in the United States. estimate as to the reduction in U.S. exports tions on its guaranteed securities. to Mexico? And what will be the impact on If PEMEX wants to sell oil currently sold 2. If Mexico fails to make an interest or a to a U.S. company to an alternative foreign U.S. employment? principal payment on its guaranteed securi- Answer. We have no precise number be- customer, PEMEX would have to secure our ties, the oil proceeds will be automatically cause the answer depends on many factors agreement in advance. transferred from the PEMEX account in the which are unknown. If Mexico failed to make payments on the U.S. commercial bank to a Mexican govern- One that is particularly important is the guaranteed securities, and PEMEX were to ment account at the same bank. length of any decline because the growth gap violate its obligations, Mexico would lose all 3. These proceeds will be automatically compounds over time. access to the international financial commu- transferred again to a Mexican government That is why restoring stability to the nity and face serious adverse consequences account at the Federal Reserve Bank of New Mexican situation is so important. in its relationship with the United States. York (FRBNY). The U.S. exported over $40 billion in 1993 4. The FRBNY will then have access to FULL BACKING? (estimated to reach $50 billion in 1994.) rep- these funds and can use them to reimburse Question. Does the oil facility provide us resenting 700,000 jobs. the United States for any amounts it had full dollar backing for our maximum expo- Question 34. What is the Treasury Depart- paid out on its guarantee, plus interest. In sure? ment’s position on requiring an economic other words, the funds would be transferred Answer. Yes. The facility provides full dol- stability assessment (e.g., inflation, unem- to the United States to compensate for any lar backing for our maximum exposure. ployment, current account balance ratios, payments made by the U.S. under the guar- ect.) for any nation with which we are con- MEXICAN OIL RESERVES antee. sidering opening negotiations on a trade This mechanism has been put in place sev- Question. How much oil does PEMEX have? agreement? eral times before by Mexico and Treasury for Answer. Estimates of Mexican oil reserves Answer. There would be no problem in loans extended to Mexico. However, it has range from 25 to 50 billion barrels. compiling data. Such information is widely never been activated because Mexico has al- Assuming that 50 percent of Mexico’s oil is available and would be easy to collect in the ways paid off its loan obligations to the exported at $10 a barrel, PEMEX’s total po- context of considering trade agreements. United States government. tential export oil revenues could range from However, there is no common denominator $12 to $250 billion. EXISTING PEMEX COMMITMENTS for movements in these indicators or the re- In 1994, PEMEX earned approximately $6.5 lation to benefits that the U.S. derives from Question. Has any PEMEX oil already been billion from crude oil exports and $1 billion engaging in trade. ‘‘pledged’’ to anyone else? from oil product exports. Our trading partners are diverse—in terms Answer. Mexico earns about $6.5 billion of economic development, structure, and per- from oil exports each year. U.S. LEGAL PROTECTIONS formance. PEMEX crude oil exports are subject to Question. What legal protections does the Question 35. What is the Treasury Depart- three existing financing arrangements with United States have in the oil proceeds facil- ment’s assessment as to whether there is a non-Mexican banks. Under these arrange- ity? banking crisis looming in Mexico, as some ments, in a worst case scenario, PEMEX Answer. The United States has strong legal analysts have projected? would be obligated to pay roughly ten per- protection through the recognized banker’s

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1979 right of ‘‘set off’’ against Mexican oil pro- eran advisory boards and was honored cerning the retirement of Mr. Donald ceeds in the New York Federal Reserve Bank with life membership to most veteran- E. Gessaman of Dayton, OH. (FRBNY). related organizations. Upon Mr. Gessaman’s retirement, the This means that the FRBNY has access to Richard Roudebush fought for United Federal Government will lose one of its the Mexican oil proceeds and can use them States and served his country in the to reimburse the United States for any most effective public servants. Mr. amounts it had paid out on its guarantee, public sector as representative of the Gessaman served as the Deputy Asso- plus interest. people. He was a Hoosier hero who ex- ciate Director for National Security in f emplified the very best in public serv- the Office of Management and Budget. ice. His vision, knowledge, and zeal for I would like to take this opportunity DEATH OF RICHARD L. excellence, and determination to see to commend Mr. Gessaman on 32 years ROUDEBUSH initiatives through to their successful of outstanding service to his country. Mr. COATS. Mr. President, the world conclusion are some of his qualities He is known for exceptional intel- lost a great public servant and well- that have endured in the Veterans Ad- ligence, common sense, and good known Hoosier last weekend with the ministration and the Congress. His humor. Mr. President, his counsel and death of the Honorable Richard L. honors and awards are a treatment to wisdom will be sorely missed. Roudebush. the depth of his service dedication and Mr. Gessaman began his career in He was born on a farm in Noblesville, the impact of his efforts. His presence 1963 as an analyst for the Air Force IN, 77 years ago. In 1941, he graduated will be greatly missed, but his work on space program. In 1966, he moved to from Butler University in Indianapolis behalf of veterans and the residents of Washington to become a management with a degree in business administra- Indiana will remain a great legacy of intern in the Office of the Secretary of tion. Soon after, he enlisted on the which all Americans can be proud. Defense. The following year, he began Army just 1 month before the Japanese f his work at OMB and has remained attack on Pearl Harbor and was RECOGNIZING THE 200TH BIRTH- there since, rising through the ranks shipped out to Egypt in September DAY OF THE U.S. NAVY SUPPLY and becoming a member of the Senior 1942, where he joined with British CORPS Executive Service. In 1990, he assumed Forces during five major battles in his present position as Deputy Asso- Mr. THURMOND. Mr. President, I North Africa. While participating in ciate Director for National Security. the invasion of Italy, his landing craft rise today to recognize the more than Mr. Gessaman dedicated his career to was hit and was sunk by the enemy, 5,000 men and women of the U.S. Navy ensuring that the taxpayers’ invest- Supply Corps, active and reserve, who but he survived and continued the fight ment in our Nation’s Armed Forces is on February 23, 1995, will celebrate the with the 15th Air Force. well spent. The importance of national 200th birthday of their distinguished Richard Roudebush’s distinguished security issues and the spending con- service to our Nation and Navy. The career of serving United States does straints imposed by the deficit have naval officers who proudly wear the not end with his role in World War II. made this a daunting task. Yet, time Supply Corps oak leaf are the business He demonstrated his leadership among and time again, Mr. Gessaman has managers of the Navy and are respon- his war veteran peers with being ac- shown that judgment, analysis, and a sible for the logistics support of oper- tively involved in the Indiana Depart- thorough understanding of defense pro- ating forces in the fleet and naval ment of Veterans of Foreign Wars and grams can serve both our national se- eventually being elected as national shore installations worldwide. The Supply Corps has come a long curity and our economic security. commander in chief of the national way since its birth in 1795, when Teach Mr. Gessaman’s professionalism, his VFW. Francis of Philadelphia took the helm thorough analyses, and his commit- A friend of Mr. Roudebush’s reas the first Purveyor of Public Sup- ment to the highest standards through- marked that he was so discouraged at plies. The original charter of the Sup- out his career have inspired his col- the way Hoosier Congressmen were ply Corps was to support the six wood- leagues. I want to join those colleagues handling things in Washington, that he en frigates of a young American Navy. and his many friends in thanking Mr. decided to run for Congress himself. He The Supply Corps has distinguished Gessaman and wishing him all the best did, and in fact, he was elected to the itself throughout its long history by for the future. House of Representatives five times, ensuring that the United States has f and from three different districts. been ready to defend American freedom TRIBUTE TO M.R. SENI PRAMOJ Through his own efforts, he quickly and interests in every conflict since rose from the ranks to become the as- the War of 1812. Its responsibilities Mr. BAUCUS. Mr. President, I rise to sistant minority whip and ranking have grown tremendously and have offer congratulations and best wishes member of his party on the Committee kept pace with the challenge of pro- to M.R. Seni Pramoj, one of America’s on Science and Astronautics where he viding logistics support to a modern great friends, and one of Asia’s most was best known for his instrumental and highly technological Navy, which accomplished democratic leaders, as efforts in helping to get America’s has grown in size and complexity. his 90th birthday approaches. space program successfully off the Today, the Navy Supply Corps employs And as we prepare to commemorate ground. the latest technologies and manage- the 50th anniversary of the end of the No challenge was ever too great for ment skills to supply our Navy at the Second World War, I would like to re- Richard Roudebush. This was most ap- lowest possible cost and with the great- mind the Senate of Seni’s great service parent in the contest for the Senate est efficiency. as Thai Ambassador to the United seat of then-Senator Vance Hartke. Mr. Having progressed from supplying States when the war began. Roudebush did not win the race, but it wooden frigates with cannon balls to Seni Pramoj began his career in the was the closest Senate election race in supplying AEGIS destroys with Toma- 1930’s, as one of Thailand’s first legal Indiana history. Out of 2 million votes hawk cruise missiles, the U.S. Navy scholars. During that decade, he helped cast only 4,000 votes kept him from vic- Supply Corps continues to carry out its to draft many of Thailand’s modern tory. vital mission to keep our Navy well laws, including the law abolishing the His deep affection and commitment equipped and ready to respond at a mo- unequal treaties Thailand was forced to his fellow veterans led him on a con- ment’s notice. I ask my colleagues to to sign during the colonial era. He lec- tinued mission, especially after his join me in congratulating the officers tured to a generation of students at congressional days, to help make bet- of the U.S. Navy Supply Corps on its Thammasat School of Law, and before ter the lives of his fellow comrades. 200th birthday. the end of the decade was made a judge After working in the Veterans Admin- f on Thailand’s Supreme Court. istration for 3 years as the No. 3 man, These accomplishments gained him President Gerald Ford nominated Mr. RETIREMENT OF DONALD E. national recognition far beyond the Roudebush as Veterans Administrator GESSAMAN legal field. And in 1940, at the young in 1974. His dedication to veterans con- Mr. GLENN. Mr. President, I rise age of 35, Seni found himself appointed tinued later in life as he served on vet- today to make a few comments con- Ambassador to the United States.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1980 CONGRESSIONAL RECORD — SENATE February 2, 1995 A year and a half later, on the day of Rama IV expressed the hope that the BALANCED BUDGET AMENDMENT the surprise attack on Pearl Harbor, United States and Thailand would for- TO THE CONSTITUTION the Japanese Army entered Thailand. ever regard one another with ‘‘friend- The PRESIDING OFFICER. Under A powerful faction within the Thai ship and affection,’’ and support one the previous order, the Senate will now Government, favoring collaboration, another in times of difficulty. And resume consideration of House Joint ordered the Thai military not to resist. nearly 150 years later, few have done Resolution 1, which the clerk will re- And later in December, now in full con- more to make the King’s hope a reality port. trol, they signed a military alliance than Seni Pramoj. The bill clerk read as follows: with Japan. All American friends of Thailand join A joint resolution (H.J. Res. 1) proposing a Their next step was to order Seni by in wishing M.R. Seni Pramoj best wish- balanced budget amendment to the Constitu- cable to deliver a formal Declaration of es as his 90th birthday approaches. And tion of the United States. War to the U.S. Government. As a pa- we thank him for a service to both our The Senate resumed consideration of triot and a man of conscience, Seni did countries which we will not forget. the bill. not hesitate to do his duty as he saw it. Mr. DORGAN addressed the Chair. As he recounts the story, he went to f The PRESIDING OFFICER. The Sen- the State Department the day after re- ator from North Dakota. ceiving this cable, and told then-Sec- IN HONOR OF FRANK E. RODGERS, Mr. DORGAN. Mr. President, the retary of State Cordell Hull: RETIRING MAYOR OF HARRISON, Senate is now considering an amend- Sir, I regret to say that I have been in- NJ ment to the U.S. Constitution. This is structed by my government to declare war on the United States. But I refuse to do it be- Mr. BRADLEY. Mr. President, on De- not a usual matter and ought not be cause there is no reason, and I have already cember 31, 1994, a very special man, treated as such. Changing the U.S. cut myself loose from Bangkok. I cannot Frank E. Rodgers, served his last day Constitution is a very solemn responsi- bring myself to declare war on the United as mayor of Harrison. After 48 years of bility, and those who wrote the Con- States. public service, Mayor Rodgers is being stitution made changing it very dif- Seni placed the Declaration of War in honored for his life-time commitment ficult, by design. a safe at the Embassy on Kalorama to the citizens of Harrison, NJ. I have in my hand a copy of the Con- Road, where it remained for the rest of Mayor Frank Rodgers won his first stitution. This is a little booklet put the war. He refused further to leave the term as mayor of Harrison after the out by the bicentennial group that Embassy when the ruling faction in war in 1946 and began the distinguished worked on a program to educate the Bangkok ordered him to do so. And in- career that would make him the long- American people about the Constitu- stead, he devoted himself to the Allied est-serving mayor in the history of the tion. The Constitution begins, as all cause, writing every Thai student in United States. Epitomizing the old Americans know, ‘‘We the people of the the United States to announce his deci- adage that all politics is local, Mayor United States.’’ ‘‘We the people.’’ sion to form a resistance force called Rodgers campaigned door-to-door all 24 I was privileged to go to a celebra- the Seri Thai or Free Thai movement. times he sought reelection and main- tion in Philadelphia about 8 years ago Virtually all of the 110 Thai students tained an open-door policy at town or so. It was the 200th birthday of the in the United States at the time joined hall. signing of the Constitution. The birth- the Seri Thai. Seventy of them trained In addition to his time as mayor, day, the 200th anniversary, was held in under the OSS as guerrilla fighters. Frank Rodgers held a variety of elected the very same room in Philadelphia, Others served as technical experts. and appointed jobs in government, in- called ‘‘The Assembly Room,’’ in Con- Some carried out broadcasts in the cluding 6 years from 1977 to 1983 as a stitution Hall, the same room where Thai language. Still others helped State Senator and 10 years as a town the Constitution was written in the American military authorities to iden- councilman. Frank’s service in the first place 200 years previous, when 55 tify sites of great cultural and histor- Army during World War II did not white, largely overweight, men sat in a ical value to Thailand, in order to pre- interfere with his commitment to pub- very hot Philadelphia room in the sum- serve them from Allied bombing raids lic service; he was reelected as a coun- mer and wrote a constitution. toward the end of the war. cilman while in basic training at Fort We know that because we know who The Seri Thai movement was equally Dix and managed town affairs through they were. Two-hundred years later successful inside Thailand. Inspired by calls and letters to his wife and family fifty-five people, men and women of all Seni’s wartime broadcasts, and trained while working as a military intel- races went back into that room to by his student recruits, it ultimately ligence officer on assignment along the recreate in celebration the writing of armed about 50,000 Thai partisans. And east coast. that Constitution. I was one who was following the Japanese surrender, Seri Diligence, dedication, and a true picked to be among the 55. And to go Thai formed the first postwar govern- commitment to his constituency were into that room on the 200th anniver- ment, with Seni himself as Prime Min- the hallmarks of Frank Rodger’s ca- sary of the date of the writing of this ister. reer. In his retirement letter to the Constitution was pretty special. Seni’s career since then has been just residents of Harrison, Frank wrote, ‘‘I George Washington’s chair is still at as distinguished. He was a founder of believe our years together hint at a the front of the room, the chair he sat the Prachatipat or Democrat Party— mutual respect and caring that goes far in when he was presiding, and Franklin now Thailand’s oldest political party, beyond the requirements of gov- sat over there. and ably led by Prime Minister Chuan. erning.’’ Frank Rodgers possessed both It was very remarkable to be in this He has been, as well, a highly success- the insight to know what it means to room where they wrote this Constitu- ful lawyer and musician; and Prime govern and the willingness to devote tion. Even more remarkable was that Minister once again in the 1970’s. himself wholeheartedly to the task. it was written over 200 years ago by pa- Altogether, it is no exaggeration to While his retirement will be a great triots, by people who cared deeply for say that for the past 60 years, Seni has loss to those who have worked with this country, but also by a homogenous been at the center of Thai law and poli- him and for those he has served, he has group of people, only white men who tics. And his sincere commitment to left an exemplary legacy of excellence came from various parts of the colonies democracy, moderation, and the rule of in public service. to join in that room and write this doc- law has helped Thailand become the ument. prosperous democracy so many people f We have come a long way. Two-hun- around the world admire today. dred years later it was a diverse group In a letter to President Franklin of men and women of all races who Pierce, written in 1856 and reprinted in CONCLUSION OF MORNING celebrated. I sat there kind of getting the book ‘‘A King of Siam Speaks,’’ BUSINESS some goose bumps about the history of which Seni and his brother Kukrit The PRESIDING OFFICER. Morning it all. I thought: as a little boy I grew Pramoj edited some years ago, King business is closed. up studying about George Washington

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1981 and now I am in the room where he question is, should a change be made in come up to me and say, ‘‘How dare you, helped write this document. It re- this document? Should we change the you voted for that?’’ I think the polit- minded me of what a solemn responsi- Constitution in order to respond to the ical vote would have been, ‘‘No, count bility it is for us to understand this budget deficit? Should we require a me out. I am not part of the solution. document and what it means for this balanced budget? I am not going to make the tough country. I have spoken on the floor on many vote.’’ I did not say, ‘‘Count me out.’’ I We have had all kinds of proposals to occasions on this subject. I have said voted yes because I want this deficit to change it. I think there have been over before—and let me repeat again—that a come down. 2,000 proposals made over the years to balanced budget itself is not nec- I might say there was not one single change the U.S. Constitution. Every essarily the most important goal. Does vote in this Chamber to help us from time somebody gets a notion they want anyone in America believe that it the other side of the aisle; not one. Not to change it, just change it. Some would be imprudent for us to spend $400 one Republican voted for this. I am not scruffy little guy in Texas says change billion more than we have this year going to question their motives. They the Constitution to prohibit some- and create a deficit of massive propor- fell very strongly philosophically thing. One of these days somebody is tions if by doing so we could with one about some things. When it comes time going to burn the Bible. They say stroke eliminate cancer? Does anybody for heavy lifting, it is very important change the Constitution to prohibit believe we should not do that? Of that everybody be lifting. And we on something. There are all kinds of ideas course not. The question is though this side of the aisle did it. I am proud on how to change the Constitution. whether the budget should be balanced. we did it. Yet, this living document has served The question is: What are you doing as The problem is this line does not this country for 200 years creating the a result of these deficits? What is caus- keep going down. oldest, most successful representative ing them? (Mr. DEWINE assumed the chair.) democracy ever on this Earth. So we What is the result of the deficits? Mr. DORGAN. Mr. President, we did are here today to talk about a proposal The fact is the deficits that we now this and it was important to do, but all to change it. have in this country are operating of us know that because of health care If I might give just one quick story budget deficits. They are not invest- costs and other things, this line starts about the understanding of history ments in the future. They are oper- going back up. So this is not enough. here, some years ago Claude Pepper, ating budget deficits because our fiscal The question is: What do we do now to the oldest Member of Congress, was policy has rolled out of control. The solve this problem in the future? standing out in front of the Cannon question should not be, in my judg- The Senator from Utah brings to the House Office Building with young ment, whether we have on obligation floor, with many of his colleagues, a JIMMY HAYES, who was in Congress as a to deal with them. The question is, proposal to change the U.S. Constitu- freshman. He was standing next to how? tion. I respect him for that. I voted for Claude. Claude I think was 87, the old- I came to Congress a number of years a change in the U.S. Constitution to re- est Member at that time. And they ago not thinking we should change the quire a balanced budget last year. I were standing talking on the sidewalk Constitution in this area. Some years likely will vote for one again, although when a group of Boy Scouts with their ago I changed my mind. We started in there are some changes in this proposal leader breathlessly came running down 1981 when President Reagan proposed that I do not like. and looking for directions. They to us a fiscal policy strategy that he stopped next to old Claude and young said would result in a balanced budget. I want to talk today about a couple of changes we want to make to this JIMMY and they had no idea who they We had somewhere around a $60 billion were. They said, ‘‘Can you tell us to $80 billion Federal deficit at that proposal and why. As I do that, I want where the Jefferson Monument is?’’ Old point. He said, if we simply cut taxes to say that somebody on the other side Claude Pepper said, ‘‘You go right and double defense spending, we will of the aisle was quoted, I guess yester- across the Capitol Plaza to that build- have a balanced budget by 1984. Well, day, as saying that those who say the ing with the flag on it, and take a right Congress cut taxes and doubled defense American people have a right to know and go one block, and you will find it.’’ spending, and we all know what hap- how we propose to balance the budget Jimmy looked at Claude with a kind of pened to the deficit. are joking. He said that the Senators certain strange look. Claude was aged This line has gone way out of con- who make this argument simply do not 87. After they left, Jimmy said, ‘‘I trol. These are deficits that are seri- want to balance the budget. think you have given them bad direc- ous, and these are deficits that have Wrong. I want to balance the budget. tions. I know where the Jefferson Me- accumulated to make a $4.8 trillion I have voted for a constitutional morial is. The Jefferson Memorial is a debt for this country. That threatens amendment in the past, and I likely mile away, by the river.’’ this country’s future. will again. But the question, in my Well, Jefferson was not around when So the question is not whether. The judgment, is not whether we balance they wrote the Constitution. He was in question is what we do about it? The the budget; the question is: How? Europe. But he contributed mostly top of this line on this chart is about I think the Senator from Utah and through writings and through the force deficits, and shows something that I the other original cosponsors of this of his thought and various ways to the think is important. A couple of years particular constitutional amendment writing of the Bill of Rights, the most ago we had on the floor of this Senate will agree with me that if it passes 90 important of which, of course, was free a proposal to deal with the deficits. It seconds from this moment, not one sin- speech. And Claude said, ‘‘Since they was a tough proposal and hard to vote gle penny of the Federal deficit will be asked to see a monument to Jefferson, for. It raised some taxes—and nobody reduced—not one. This will simply rep- there is a demonstration on the subject wants to pay for increased taxes—and resent a bunch of words that go into of abortion going on over in front of it cut some spending, a lot of folks did the document called the Constitution. the Dirksen Building. I feel there is no not agree with cutting spending in And the requirement, then, will be that better place to see a monument to Jef- these areas. Yet, our deficit cut actu- changes in taxing and spending will ferson and free speech than in front of ally increased after we passed the bill. have to occur in the magnitude of the Dirksen Senate Office Building We thought it would cut $500 billion, somewhere around $1.5 trillion in 7 today.’’ that it would cut the Federal deficit by years to accomplish a balanced budget I imagine that the Boy Scout leader $500 billion in 5 years. We now know it by the year 2002. did not think of it this way, but he was was over $600 billion. So we have got- I happen to think there is a special looking at a monument to Jefferson ten some additional advantage. responsibility at this moment. The spe- contained in this Constitution. My point is that we did something cial responsibility is for this reason: There are plenty of monuments in significant in law on the floor of this The majority party, having won last this Constitution that represent time- Senate. You see what happened to the November, proposes a contract for this less truths that have served this coun- Federal deficit since that point. I am country. In the contract, they say two try, and will for a long, long time. The proud to say I voted for that. People things. They say they want to decrease

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1982 CONGRESSIONAL RECORD — SENATE February 2, 1995 taxes, which means cut the Govern- make their legs buckle.’’ I think that use it sometime? For what? It can only ment’s revenue, No. 1; No. 2, they want is far too little faith in the American be used for Social Security. Those are to increase defense spending. If you de- people, honestly. We have to do this to- two amendments that we are going to cide you want to cut the Government’s gether. This country belongs to them, have to deal with. And just because we revenue and increase one of the largest not us. This is their country, their de- offer them, others on this floor should areas of Government spending, it seems mocracy. This book, this Constitution, not argue that we do not support a con- to me it is logical to ask, if we change means it is theirs. They have the pow- stitutional amendment to balance the the Constitution to require a balanced ers, not us. We have a responsibility to budget. budget, how do we do it? How do we get them at this point to tell them what There is a right way and a wrong way to that point, if you say we should cut we are going to do and how are we to do things. The wrong way is to pro- revenue and increase one of the largest going to do it. vide empty promises and assurances areas of spending? There are plenty of areas of the Fed- that we are not going to keep. The For that reason, many of us—some eral Government that can be cut and right way is to tell people you have a who are opposed to the balanced budget will be cut under any scenario, whether right to know; you should know this, amendment, others who support it—do this amendment passes or not. I led a and here is the plan. We are going to support an amendment called the project on Government waste when I increase defense, according to some, right-to-know amendment. Once again, was in the House of Representatives and cut revenue and, therefore, here is the questions for the American people and then here in the Senate. I can cite how we are going to deal with other are: What are we going to do, and how chapter and verse about wasteful spending. are we going to do it? The proposal to spending. I mentioned before the 1.2 That is important. It is important for change the Constitution answers the million bottles of nasal spray on inven- the American people to know. question ‘‘what?’’ What are we going to tory at the Department of Defense. do? But the question of how we are There are a lot of plugged noses you I want to mention one other thing as going to do it, we are told, is an im- are going to be able to treat for two or I am talking about this. I am, frankly, proper question; leave it for later. three or four decades. That is the sort a little tired of people in this country Well, my colleagues, that is business of bizarre kind of thing that is in the in politics and especially people in the as usual. If ever I have heard business defense inventory. It makes no sense at House and Senate who keep repeating as usual, that is business as usual. I all. There is too much waste. the notion somehow that Government have heard that in 1981, 1982, 1983, 1984, The fact is that it is not the waste— is unworthy. and 1985. Business as usual is: Trust while we should eliminate that—that Government is the way we do things me; I promise you; we will tell you drives these numbers. All of us know together. It is the way we created our later. No, we do not have the details, what drives this. This country is grow- schools to educate our kids. It is Gov- but they are there; believe us, trust us; ing older. More people are eligible for ernment. It is the way we built our po- we promise you. Medicare and for Social Security. What lice forces to keep our communities Well, look, how many times do you is happening is that entitlement pro- safe. It is Government. It is the way we accept a promise? The American peo- grams are ratcheting up costs. But inspect meat so when you buy some ple, it seems to me, have every right to there are no votes on those programs meat someplace you have some assur- understand the answer to two ques- in Congress. Those are entitlement pro- ance that it is not contaminated. It is tions: What are we going to do, and grams whose appropriations are vir- the way we regulate our skies so when how are we going to do it? The Amer- tually automatic. We have to respond you are flying up there in a jet airplane ican people have a right to know, from to that. you are not gong to hit another jet air- those who say, ‘‘I want a balanced Some of us are also going to offer an plane. Government is something we do budget by 2002,’’ and ‘‘I want increased amendment on Social Security, and we together. We ought to be proud of it, defense spending,’’ and ‘‘I want revenue are going to disagree on that. The So- for gosh sakes. cuts,’’ they have a right to know how cial Security system has not caused You must have Government in the af- we are going to get there. one penny of the Federal deficit. This fairs of people in a nation like this, and If I said to the Presiding Officer that year, we will collect $69 billion more in we ought to have the best possible Gov- I want you to ride with me today and Social Security than we spend out. ernment we can for the American peo- we are going to go to New York City, That is not an accident. We are doing ple. the Presiding Officer might want to get that by design. We need to save that There is a sense in this country these to New York City; he might have a de- money for when the baby boomers re- days of a kind of anarchist mentality. sire to visit. He might say that sounds tire. But if it is not saved, if it is used This philosophy suggests somehow, like a good trip, and he would like to as an offset to other spending in order that our Government is just something go. He would probably ask, ‘‘How are to balance the budget, we will have that just spends all this money and we going to get there? Are we going to broken the trust and the promise be- wastes all this money, and is totally take the train; are we going to walk; tween people who work and people who unworthy, and that what we ought to are we going to take a motor scooter; are retired. do is just get rid of it. are we going to go through Atlanta or We must, it seems to me, say that we maybe through Los Angeles to get are not going to balance the budget by But, you know, the fact is this coun- from Washington, DC, to New York?’’ raiding the Social Security trust funds. try has changed a lot in recent years. He would have every right to want to For those who say let us not pass that The rich have gotten much, much rich- know how we were going to do it. amendment, not give that assurance, I er, the poor have gotten poorer, and That is the purpose of the right-to- say do not give me five reasons; just there are more of them, more vulner- know amendment. Its purpose is not to give me one reason. There is only one able people in this country. We have to derail the balanced budget amendment. reason you would not want to give that start thinking together, all of us, to I happen to think we ought to pass the assurance to seniors, and that is be- try to figure out how to respond to constitutional amendment. I voted cause you want to use that money. To some of these problems, how do we deal that way in the past, as I said, and I use that money is, in my judgment, with some of the vulnerabilities in our probably will this time. The purpose of breaking a promise. The money is col- country. This is how we spend our the right-to-know amendment is to say lected for only one purpose. It comes money. And all of us know where our this must be more than an empty out of the paychecks; it is called the money goes. promise. We must, this time, develop a FICA tax, and it goes into Social Secu- This pie chart shows where Federal national awareness of what the heavy rity, the trust fund, and it is promised spending goes. Defense, 18 percent of lifting means to all of us. We need to that it will be saved for only one pur- the spending; Social Security, 22 per- get the Nation behind us to do it. pose, and that is Social Security. cent; health care, Medicaid and Medi- Mr. ARMEY, on the House side, said, How on Earth can anybody justify care, 17 percent. And, of course, that is ‘‘Well, we cannot tell the American saying, well, we do not want to set that going up every year, because more peo- people what is required here; it would aside because maybe we will want to ple are getting older, we have more

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1983 poor people, and health care costs in- in his seventies and for one reason or things about that. When they come to crease every year. We have to do some- another ends up with nothing, that our attention, we invest and we do thing about health care costs because Thor has to go to a meeting and stand some things to try to help people. if we do not we cannot deal with the up to beg to try to get a set of teeth. But all of these things relate to the budget deficit. That is what we are talking about decisions we are going to make about Interest on the debt is 15 percent of here. We are talking about things that what are we going to do. People have a the budget. We cannot negotiate that. improve the lives of people. right to know. What are we going to in- Senator BURNS from Montana is on We have had to pay for that. And if vest in? Are we going to invest in star the floor. I was in community near the Greenspan gets his way, we will pay a wars, or are we going to invest in Head Montana line recently, touring a hos- lot more for it. Start for our kids? The people have a pital where they showed me this space So Medicaid, Medicare are going up. right to know that. Interest is going up. Social Security, where the carpenters were knocking more people growing older and on dis- out two-by-fours. They were going to And to those who say this is joke, I ability. In fact, in the Social Security put in big, breathtaking new things. I say you are wrong. You know better trust fund, we have a surplus for just think it is was an MRI; you know, the than that. This is not a joke. This is that reason. technology to look through human very serious business. We are talking Defense? My Republican friends say flesh to see what is there, a diagnostic about changing the Constitution and we need more defense, so that is going tool. Breathtaking technology. we are talking about imposing require- to go up. Then about 100 feet down in this hos- ments that will make massive changes So where do you get the rest of it? pital wing, they had me hold a little in the way the Federal Government International—some people say foreign baby, tiny little baby, that had been spends money. And count me in, be- aid, of course, is the biggest area of born some while before, born pre- cause I want to force those changes. I public spending. It is not. We spend 1.4 mature, as a matter of fact. The moth- have two children and I do not want to percent of the budget for international er had come to the hospital to have a give them a $10 trillion debt when they programs. third child, unmarried. She checked in get out of school. So count me in. So you have other mandatory spend- on a Saturday. Her blood alcohol con- I just say this: We have a responsi- ing. For domestic discretionary spend- tent was .25 when she delivered the bility, all of us, to tell the people what ing, 16.5. Now the 16.5 percent of discre- baby. They checked this baby’s blood we are going to do and how we are tionary spending, that is the kind of and this baby was born with a blood al- going to do it. To those who say, ‘‘Let’s spending that we send out to deal with cohol content of .21, a little premature not tell them what we are going to do,’’ kids’ nutrition, all sorts of issues that baby born dead drunk, and the mother I say that is business as usual, the help people out there who need help. did not even want to see the baby, same old tired promises I heard for 15 I know it is easy to talk about these wanted nothing to do with it. The baby years. To those of us who say, ‘‘Let’s things in the abstract. But now every will probably be fetal alcohol syndrome together tell them how we are going to day you can go out and find what real- damaged, they do not know. do it,’’ we say the people have a right But think of the consequence of these ly matters and you can determine how to know. And when we offer our amend- things, day after day in our country. this affects real people. You can go to ment on the right to know, we say to And we have to be concerned about a food pantry and who walks in and try you, ‘‘Join us, accept the responsi- how we respond to them and how we to figure out what this means in their bility; accept the challenge of closing deal with them. We cannot ignore lives. the loop to give the American people them. These things tear this country You say, ‘‘Well, let’s cut off funding up from the inside. the opportunity to know exactly what that does not make any sense.’’ Nutri- I am not making a case for massive we are going to do, to whom and how.’’ tion programs? That makes no sense. new programs for spending, because I The American people can take it. The ‘‘The WIC Program; you know, Head do not think this is a case where you American people deserve it. And to do Start, we can do without it.’’ have kind of a vending machine, where less, in my judgment, is the same old Yes, I suppose the country can do you put in a quarter and get out a na- tired unfinished business of Congress without it but it will also be a country tional program. But some things we do that says, ‘‘Here’s our political answer. that is less worthy. It is a country that in this country are very, very impor- Now trust us. Details later.’’ That is is not investing in its health and in its tant. not the way we ought to do business. children, trying to make life better for Head Start. Boy, you know, we children. I hope that, as we in the coming 2 or should understand that is a good in- 3 weeks move down this road to try to You know I remember being at a vestment. The WIC Program, we know town meeting in eastern North Dakota consider in a serious way not only what that is a wonderful investment to in- we are going to do but how we are one day. An old fellow came up to me vest in kids and low-income pregnant by the name of Thor, a guy who had going to do it, those of us, Democrats women. and Republicans, who believe the cur- flown combat airplanes in the Second I could tell you a hundred stories, as rent situation in this country is a cri- World War. Thor came up to me and could all of my colleagues, about the sis, the current deficits threaten this said, ‘‘I want to show you my mouth. I value of some of these things we do country’s future. The current Federal got sores all around my mouth,’’ a guy that make life worthwhile and make debt and the prospect of burgeoning fu- in his seventies. He said, ‘‘I need life helpful to people who need help. teeth.’’ This was an old veteran. He I should tell you that Thor has new ture debt are challenges we cannot ig- said, ‘‘I have no money. I have noth- teeth. Thor got new teeth. Well, it was nore. The question cannot any longer— ing.’’ And he said, ‘‘I need teeth. I have from a dentist. I talked to a friend of for anybody on the floor of this Sen- no teeth. I went to the VA and I got a mine, personal friend of mine, and he ate—be whether we do something about set of teeth from them and they don’t got Thor some new teeth. But should a it. The question is, what? fit. And so when I use them, it creates veteran have to beg for new teeth? No, To those who oppose a constitutional sores all around my mouth. So I can’t I do not think so. amendment, I say I voted for it in the use them and I want to show you these The point is there are programs now past and will likely vote for it again. I sores around my mouth.’’ to help that young baby. Young Ta- say to Members, as well, on the other And I am thinking to myself—this mara Demeris, who I have talked about side of the aisle, Members have a re- was at a town meeting—he walked all on the floor before, a 2-year-old, hair sponsibility to join in the second step the way up to the front, had his mouth pulled out, nose broken, arm broken, of this journey. The second step, just open showing me how badly he needs because she was put in a foster home like a Montana dance, joins the first his new set of teeth. and nobody checked to see whether the step. It is change the Constitution to Is it not pretty remarkable, in a people were drunkards. So this little require a balanced budget. And as we country as wonderful as this, that old girl was abused. do it, tell the American people how we Thor, who went off to fight for his The fact is, there are things we can will accomplish it because if we fail to country and flew in combat and is now do about that. And we have done some do the latter, we know the former is

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1984 CONGRESSIONAL RECORD — SENATE February 2, 1995 nothing more than a bunch of words in the priority list as we would like to see concern should be for our children and a document like this. it. grandchildren, and the bill they will So, Mr. President, we will have a That is what a balanced budget have to pay later on because we are lengthy debate and an aggressive de- amendment does. It creates the arena mortgaging their future. bate on this subject. The debate will for debate. It forces us, as debaters or I was not a Member of Congress when not be, I think, as the Senator from policy setters, to make those hard the Gramm-Rudman-Hollings Act was Utah occasionally would suggest, on choices between doing this or that, and passed, but it was one of the many ef- whether a constitutional amendment is reexamining the mission of govern- forts to control Government spending. worthy. This Senator has said before, ment. While well intentioned, this law fell he thinks it is. I say now I think it is. The Senator from North Dakota is short of eliminating the deficit. In But I say to the Senator from Utah and exactly right. What is the purpose of other words, we as a body of policy- his colleagues and my friend from Mon- government? Why do free people estab- makers never really committed our- tana, we have an obligation to do more lish a government, especially in a free selves to that law to make sure it than this. society? No. 1, public safety; he is worked. I will join Members on this. We have right. That is an obligation of the total Even with a balanced budget amend- an obligation to do more. We have an society, public safety. Now, public safe- ment, I am not really sure that we obligation to give the people the right ty could be food safety, it could be in have that discipline today, but I think to know, as we pass this, what does it hygiene; but mostly it is in our fire de- it will make Members get in the debate mean; what does it mean to their fu- partments, our police departments, our and talk about priorities. It is true ture, and what does it mean to their immediate-response people. that we do have laws in place to bal- lives, and how will we respond to it as The next obligation, we could say, ance a budget. We did not have the will a national commitment in this coun- probably is transportation, because we to really take it serious, to really look try. have to keep the roads and the bridges at programs, and to take some of the Mr. President, with that, I yield the so that the area of commerce can be fraud out of it. floor. carried out. In this great land of ours, My good friend from North Dakota Mr. BURNS addressed the Chair. we have changed everything around to was talking about the man who flew The PRESIDING OFFICER. The Sen- where it is a global economy and global the missions that could not get a set of ator from Montana. communication as to where our roads teeth. And we have people that take Mr. BURNS. Mr. President, I appre- and bridges are satellites, fiber optics, advantage of the veterans programs ciate the words of my friend from new communications. Those are areas that never got anything, to really have North Dakota. that will be debated here on this floor, the privilege of using those programs. As he held up the Constitution, I as new policy is going to be formed The balanced budget amendment want to go back to an article that was that can keep up with the new tech- would change all of this rhetoric by in- printed in, I think, the Richmond nologies that are out there. stilling the necessary fear needed to Times, some time ago, and this last What some folks would call invest- make the tough decisions and take the Sunday in the Washington Times. It ment, other folks would call spending. hard steps. What are we talking about, was taken from the life and times of If we want to define them, I guess they even in food stamps; $1 billion a year, Davy Crockett, whenever he rep- are about the same. Then I guess when $3 billion a year in savings, if we could resented Tennessee and the House of we get down to the definition, we come take the fraud out of it? Representatives, and he had to cast a down again to the bottom line, and Now, that has nothing to do with a vote to help people when their houses that is priorities. balanced budget amendment, but I can had burned down in Georgetown. Now, with a debt of $4.7 trillion, for remember when talking to the former We hold up that Constitution, re- too long now after we learned to bor- Secretary of Agriculture in the Bush member, is a double-bit ax. There is row against future collections, we administration, Ed Madigan and, of nothing in that Constitution that says started to move that national debt up. course, Ed is no longer with us. We we have the right to take my money As I said, the first balance-the-budget started with a smart card and we saw and give it to somebody else, free, gra- amendment was in 1936. In 1934, and where we could take some of the fraud tis. that is under the Roosevelt administra- out of it. Do you know what stopped So, when we talk about a balanced tion, someone had the idea that this the expansion of that idea? The bu- budget amendment, be very clear that thing could get out of hand and was reaucracy did, because it cost some this is not the first time this was a concerned about it. We were in the jobs in Government. Does that not concern of people and leaders in this depth of the Depression. We were try- seem strange? We had an opportunity country. The first constitutional ing to help so many people who had to do that. This will force us to do amendment to balance the budget was been hit by this devastating time; not something about that, whether we in 1936. And there was a time, I think, only the Depression, but drought. And want to or not. It will force Members this country pretty well held its dis- I could write a book on that. to do it. cipline on spending, until we really I do not remember those days in 1936, So as we go down this trail, trying to learned as a Government to borrow because I was born in 1935. I guess I was come up with a mechanism to instill money, that we could borrow money a result of the drought; I surely was fiscal responsibility in ourselves, this against future collections, and those not a result of the Depression. The last is, I think, a commonsense approach. are taxes. thing you wanted in 1935 was kids, liv- And yet there are people that want to I have heard the same old argument, ing on 160 acres of two rocks and one make it very complicated. saying, ‘‘How are you going to do it?’’ dirt. I came up in 1990 with an idea called Well, I would say I am going to have to But the debt that started out, we lost the 4-percent solution. approach this just as I approached run- our way a little bit and our discipline. We wanted to deal with the deficit. ning a farm or a ranch. You do not do So that debt continues, because we At that time, if you wanted to reform the same thing every year or nail your- continue to deficit spend. We should something to really make it work, the self into a situation that if time and get two things straight right here. 4-percent solution merely said this: Do circumstance changes, a person cannot. There is a difference between deficit away with baseline budgeting, but They do that. spending and debt. Deficits cause debt. budget and spend based on previous I worked in county government We deficit spend; we create debt. So no years’ expenditures and only let Gov- where we balanced the budget. The de- matter that that line goes down, we ernment grow 4 percent a year. Based bate started among the commissioners are still deficit spending. It is still of on previous years’ expenditures, not on what is going to get funded or how concern to people who have some kind previous years’ budgets, and not an much it is going to get funded; and of sense of responsibility, of fiscal re- automatic built-in 6 percent as happens what, maybe, if we do not have the sponsibility. in baseline budgeting. funds, should be cut out. It serves a Ever since I came here 6 years ago, And you know what, next year we purpose, but maybe is not as high on that has been a concern, because our would have been looking at a whole lot

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1985 different deal had we done that. We had Montanans, like all other people house in order. Under this amendment, a few cosponsors on that. It is a very around America, sent a loud and clear Congress would have until the year 2002 simple thing. Maybe it was too simple. message last November 8. There are to balance the budget. That’s 7 years. Nobody wanted to really get into it. still some people who are trying to in- Over the course of 7 years, spending But basically it just said, ‘‘Govern- terpret that message, and there will be can be reduced gradually. The budget ment, only grow 4 percent. If you don’t different interpretations of it as long does not have to be balanced overnight. want to spend the 4 percent over here, as there are writers of editorials, as Seven years is a long enough lead time you can spend it over here. You can long as there are coffee klatches, as to do the job, and do it fairly. move it around. But the total growth, long as there are service clubs. Wher- The President will be required to bottom line, 4 percent.’’ ever you hear public discourse, there offer his budget that is balanced based It would have given Congress the will be an array of messages that was on good faith, but Congress will be flexibility to increase funding at real- heard November 8. forced to stick within its budget. istic levels for many programs while But I think I heard the message. I Balancing the budget is going to take reducing others and phasing out some heard the message that says we have to some hard decisions, some politically that have not worked since World War change some things before we really distasteful choices. But the reward will II and they are still around here. get the job done. Three reforms have to be a balanced budget and a more pros- It did not pass, and now the problem happen: Spending reform, budget re- perous America. It’s time to stop im- is even worse where even the 4-percent form and regulatory reform; and also poverishing the next generation of idea will not work. It will not get us to something that puts some steel or Americans. Pass the balanced budget where we want to go. backbone, as far as picking those win- amendment and put some discipline in I think also we have to look at a way ners and losers in spending and the way the budget process. to see how this budget or balanced this Government spends money—prior- I feel very strongly—very strongly— budget will be scored by the CBO and ities. It makes you get on the field and if we do nothing else in this 104th Con- whoever is doing the bottom-line fig- debate the priorities of which direction gress and we pass this balanced budget uring. we are to be going. amendment, I think we have sent a There was a joint budget hearing a An ABC-Washington Post poll taken strong message to the American peo- couple of weeks ago that would do ex- early in January showed that 80 per- ple: We hear you. We care. actly that. I am pleased that that hear- cent of those polled said they support a But they also hear another message; ing looked at the dynamic modeling constitutional amendment to require a that they, too, in their neighborhoods and am encouraged that it gave it the balanced budget. also have some responsibility of par- attention it deserves. The current rev- When looking at budget priorities the ticipation to make sure it works and to enue method calculates outlays from Federal Government seems like a good help us. That is the message back to the Treasury, no matter what the cost- place to start. The Federal Govern- the voters: Help us. Help us set those benefit ratio. I believe dynamic review ment consumes 23 percent of GDP. The priorities on maintaining this Govern- estimating would be a good way to put current growth rate of Government ment and also this great, great free so- Government spending priorities in spending is 2 percent per year faster ciety in which we live. order. than the economy. It’s time to get a Thank you, Mr. President, I yield the What we are saying is, the policies tight rein on the power and size of the floor. we set here, tax policies, whatever, Federal Government. The economist, Mr. HATCH. Mr. President, I want to change people and the way they do Milton Friedman, put it best when he reemphasize that this is one of the business. It just changes human behav- said, ‘‘There is nothing so permanent most important debates that has ever ior. as a temporary government program.’’ The dynamic modeling of a program The Federal Government has en- taken place in the U.S. Senate. The would be scored on its merits. Instead croached on State’s rights and spend- subject matter indeed goes to the very of only looking at the amount of ing has gone up to keep pace. Its over- heart of the hope of the Framers of the money the program costs in outlays to ambitious agenda steals individual Constitution for the constitutional sys- the Treasury, it also would take into rights even as it indebted the people. tem—a system that would protect indi- account how much money is raised for Congress and the Federal Government vidual freedom and restrain the size the Treasury. have to get their hands out of their and power of the Federal Government. I have heard this argument on cap- pockets. In the latter half of this century, how- ital gains. Capital gains is a voluntary It’s time to redistribute the power to ever, the intention of the Framers has tax. How many ranches and how many the States. Shrink the Federal Govern- been betrayed by Congress’ inability to businesses are we looking at today that ment and given the money straight to control its own spending habits. I want are not being sold or even offered to be the States. Cut out the middle man— to explain how passage of the balanced put on the market because of capital the paper pusher in Washington, DC. budget amendment will further the in- gains? They find other ways of trans- By giving the States block grants tent of the Framers of the Constitu- ferring that property, some way to do they can use the money as they see fit, tion. I also want to demonstrate that it. It is a voluntary tax. You do not tailoring it to their specific needs. Federal balanced budgets—up to very have to pay the tax because you do not Every State is different and has dif- recently in our history—was a cus- have to sell. So what happens? It does ferent needs. One size does not fit all tomary norm. We must return to that not go up for sale and their commercial and the Federal Government should norm if we ever hope to assure the eco- activity is lost. not be trying to force one program to nomic well-being and vibrancy of these So we have to look for a way, a pro- fit every State. What works in Cali- United States. gram which creates jobs, opens up em- fornia, doesn’t always make sense for THE BALANCED BUDGET AMENDMENT AND THE ployment opportunities, boosts the Montana and West Virginia. CONSTITUTION economy and raises money for the Once again, opponents of the amend- Mr. President, let me first say what Treasury. It is commercial activity ment are using scare tactics to defeat the modern day crisis is: Our Nation is that does that. Of course, I was not this measure. They threaten that im- faced with a worsening problem of ris- trained in economics. I pretty much portant programs will be cut or even ing national debt and deficits and the have street economics. It is pretty sim- eliminated, that it will endanger our increased Government us of capital ple: This is accounts receivable over economic recovery. There has to be that would otherwise be available to here; this is accounts payable over plenty of places to make responsible the private sector to create jobs to in- here. Nothing happens in accounts pay- cuts in a $1.6 trillion budget. And by vest in our future. Increased amounts able until something happens in ac- balancing the budget, Congress can en- of capital are being wasted on merely counts receivable. That is the way it is. sure our continued economic strength financing the debt through spiraling That is a pretty simple way to go and future power. interest costs. This problem presents through life. Nonetheless, that is the House Joint Resolution 1 allows Con- risks to our long-term economic way we have to score and take a look. gress plenty of time to get the fiscal growth and endangers the well-being of

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1986 CONGRESSIONAL RECORD — SENATE February 2, 1995 our elderly, our working people, and es- However, in the late 20th century, mous agreement on the dangers of ex- pecially our children and grand- these constitutional processes, what cessive public debt. Consequently, for children. The debt burden is a mort- Madison termed ‘‘auxiliary pre- approximately 150 years of our his- gage on their future. cautions,’’ have failed to limit the vo- tory—from 1789 to 1932—balanced budg- Mr. President, the time has come for racious appetite of Congress to legis- ets or surplus budgets were the norm. a solution strong enough that it cannot late into every area of private concern, While budget procedures had little of be evaded for short-term gain. We need to invade the traditional bailiwick of their present organization, the concept a constitutional requirement to bal- the States, and, consequently, to spend of a balanced budget was accepted ance our budget, Mr. President, House and spend to fund these measures until Joint Resolution 1, the consensus bal- the Federal Government has become widely as the hallmark of fiscal respon- anced budget amendment is that solu- functionally insolvent and the econ- sibility. Those deficits that did occur— tion. It is reasonable, enforceable, and omy placed in jeopardy. during wartime or during the most se- necessary to force us to get our fiscal Congress has been mutated from a vere recessions—normally were offset house in order. But it not only furthers legislative assembly deliberating the by subsequent surpluses. the economic welfare of our Republic; common interest into the playground Between 1932 and 1960, the rigid rule it fosters the Constitution’s purpose of of the special interest. of annual balanced budgets gave way to protecting liberty through the frame- The balanced budget amendment, Mr. a fiscal policy in which balanced budg- work of limited Government. President, will go a long way toward ets remained an overall objective, but James Madison, in explaining the ameliorating this problem. It will cre- in which deficit spending was also theory undergirding the Government ate an additional constitutional proc- viewed as a tool occasionally useful to he helped create, had this to say about ess—an auxiliary precaution—that will affect appropriate economic results. bring back legislative accountability governments and human nature: Nonemergency deficit spending was le- to the constitutional system. The bal- Government [is] the greatest of all reflec- gitimized in 1936 with the publication anced budget amendment process actions on human nature. If men were angles, of John Maynard Keynes’ ‘‘General complishes this by making Federal def- no government would be necessary. If angels Theory.’’ Great weight was placed upon were to govern men, neither external or in- icit spending significantly more dif- ternal controls on government would be nec- ficult. Significantly, it advances lib- the ability of the Federal Government essary. In framing a government that is to erty by making it more difficult for the to manage the economy through fiscal be administered by men over men, the great Government to fund overzealous legis- policy; that is, through spending and difficulty lies in this: You must first enable lation and regulation that invades the taxation. the government to control the governed; and private lives of citizens. in the next place oblige it to control itself. A However, a real turning point in the dependence on the people is no doubt the pri- THE HISTORICAL NORM OF FEDERAL BALANCED history of U.S. fiscal policies occurred mary control on government; but experience BUDGETS during the 1960’s. Even the Keynesian has taught mankind the necessity of auxil- Mr. President, I would like to read objective of balancing surplus years iary precautions. [Federalist No. 51.] two quotations: with deficit years succumbed to the Mr. President, we are here to debate First, ‘‘The public debt is the great- idea of regular, annual uncompensated- such an auxiliary precaution, House est of dangers to be feared by a repub- for deficits. In other words, our defi- Joint Resolution 1, proposing an lican Government.’’ cits, which were historically cyclical, Second, ‘‘Once the budget is balanced amendment to the Constitution of the reflecting boom and bust, war and and the debts paid off, our population United States to require a balanced will be relieved from a considerable peace, became structural and perma- budget, because our recent history has portion of its present burdens and will nent. shown us that Congress is not under find * * * additional means for the dis- During the 1960’s, we were paying for control. play of individual enterprise.’’ the Vietnam war at the same time as The balanced budget amendment These quotations are not recent the war on poverty. The Great Society helps restore two important elements statements by current proponents of had noble goals and great intentions. in the constitutional structure: Lim- the proposed amendment. The first But, the Great Society, on top of the ited government and an accountable statement was made by Thomas Jeffer- deliberative legislative assembly, both war, was financed through debt and son and the second by Andrew Jackson. helped to develop our proclivity for of which are vital to a free and vibrant These two quotations illustrate an constitutional democracy. deficit financing our national aspira- important truth: No concept is more a tions. A deliberative assembly, the essence part of traditional American fiscal pol- of whose authority is, in Alexander icy than that of the balanced budget. During the past three decades, the Hamilton’s words, ‘‘to enact laws, or in In fact, Jefferson himself wished the Federal Government has run deficits in other words to prescribe rules for the Constitution had included a prohibi- all but a single year. The deficits have regulation of society’’ for the common tion on Government borrowing—an come during good times, and they have good, was considered by the Framers of early version of a balanced budget come during bad times. They have the Constitution the most important amendment, if you will—because he come from Presidents who have branch of Government because it re- thought that one generation should not pledged themselves to balanced budg- flected the will of the people. Yet, as be able to obligate the next generation. ets, and they have come from Presi- the maker of laws, it was also consid- Throughout most of the Nation’s his- dents whose fiscal priorities were else- ered the most powerful and the one tory, the requirement of budget bal- where. They have come from Presi- that needed to be guarded against the ancing under normal economic cir- dents of both parties. most. cumstances was considered part of an Even more alarmingly, the mag- Recognizing that ‘‘[in] republican unwritten customary national policy. nitude of these deficits has increased Government the legislative authority, Influenced by individuals such as enormously. During the 1960’s, deficits necessarily, predominates’’ and to pre- Adam Smith, David Hume, and David averaged $6 billion per year. In the vent ‘‘elective despotism,’’ James Ricardo, the drafters of the Constitu- 1970’s, deficits averaged $36 billion per Madison, the Father of the Constitu- tion and their immediate successors at year. In the 1980’s, deficits averaged tion, recommended that the Philadel- the helm of the new Government $156 billion per year. And, in the 1990’s phia Convention adopt devices in the strongly feared the effects of public so far, deficits have averaged $259 bil- Constitution that would safeguard lib- debt. The taxing and borrowing provi- lion per year. erty. These include: Bicameralism, sep- sions of the new Constitution reflected aration of powers, and checks and bal- a need of the new Republic to establish The total national debt now stands ances, a qualified executive veto, lim- credit and governmental notes and neat over $4.8 trillion. While it took us iting congressional authority through gotiable instruments that would spur over 200 years to acquire our first tril- enumerating its powers, and, of course, commerce. lion dollars of debt, we have recently the election of legislators to assure ac- Yet, the Founders and early Amer- been adding another trillion dollars to countability to the people. ican Presidents were in virtual unani- our debt about every 5 years and will

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1987 continue to do so under current projec- know: How the budget will be balanced. ple, you see, Mr. President, should not tions at a slightly faster rate as we ap- They, in effect, are taking the fifth be treated like sick children: Take the proach the end of the decade. amendment because they do not want medicine; it will taste fine; it will Deficits and the national debt have to incriminate themselves. They do not make you feel better. Trust me. grown, in large measure, because Gov- want to tell Social Security recipients, No, I do not think we can treat the ernment spending has grown. As total and others, that they are going to use American people like sick children: Government spending has increased, so the Social Security trust funds to bal- Just open up and swallow the medicine; has Government’s relative share of the ance the budget. it is good for you. They have a right to economy. In 1929, Federal expenditures I believe that this right-to-know know and we have an obligation to tell of $3 billion represented just 3 percent amendment that will be offered by the them. We cannot, I repeat, take the of GNP. By 1950, the Federal share had minority leader tomorrow is an impor- fifth amendment and say we do not risen to 16 percent of GDP or about $43 tant amendment. It is an important have to tell you for fear you will hold billion. For fiscal year 1993, Federal amendment because I believe that we it against us. Government spending of over $1.4 tril- have an obligation to tell the truth to Amending the Constitution is serious lion commanded nearly 23 percent of whomever asks us for the details. And business that carries with it far-reach- GDP. that is the question that is being asked ing ramifications. Like a patient about To illustrate this growth in another in the form of the Democratic leader’s to undergo serious surgery, the Amer- way, the first $100 billion budget in the amendment: How are you going to ar- ican people ought to be told of all the history of the Nation occurred as re- rive at the numbers in 2002 to balance options and all the possible ramifica- cently as fiscal year 1962, more than 179 the budget? tions. years after the founding of the Repub- I think it is important that we recog- Mr. President, when I first started lic. The first $200 billion budget, how- nize that the American people care practicing law many years ago, a doc- ever, followed only 9 years later in fis- about this. Eighty percent of the tor did not have a profound obligation cal year 1971. The first $300 billion American public believes that there in law to tell the patient what might budget occurred 4 years later in fiscal should be a balanced budget amend- happen to them when they undertook a year 1975; the first $400 billion budget 2 ment. I believe that. But you ask that procedure. They really did not have to years later in fiscal year 1977; the first same number of people whether you sit down the night before the operation $500 billion budget in fiscal year 1979; should balance the budget using Social and indicate to them: You are going to the first $600 billion budget in fiscal Security trust funds, and over 85 per- be just fine, but you should know that year 1981; the first $700 billion budget cent of the people say it should not be in 10 percent of these surgeries this in fiscal year 1982; the first $800 billion done that way. dire result takes place. budget in fiscal year 1983; the first $900 So, in effect, the numbers do not sup- No, that was not the rule. But it is billion budget in fiscal year 1985; and port a balanced budget amendment if now. The case law has made it so that the first $1 trillion budget in fiscal you are going to use Social Security. physicians now have an obligation to year 1987. The budget for fiscal year The reason I have been such an advo- tell a patient what are the ramifica- 1995 was over $1.5 trillion. cate of the right to know is because I tions from the procedure they are Under current projections, Govern- am the one who last year offered an about to undertake. The patient has a ment spending will continue to rise, amendment to protect Social Security. right to know. The American public, using capital that would be put to bet- I am going to offer that same amend- being the patient in this instance, has ter use by the private sector to create ment. I am going to be joined by a sig- a right to know what is going to hap- jobs. To starve the primary engines of nificant number of my colleagues to pen, and that is why we are asking that economic growth of needed capital is exclude Social Security from the bal- there be a glidepath as to how the bal- to risk our long-term economic secu- anced budget amendment. That in fact anced budget is going to be reached. rity. should be done. All we are asking—it does not seem Mr. President, it is absolutely clear I believe it is important the Amer- too much—is an honest, up-front ac- that to restore the constitutional con- ican public know how we are going to counting of how we will be able to bal- cept of limited Government and its balance the budget. Why? My friend, ance that budget. protection of liberty—as well as to re- the majority leader in the other body, Let us assume that today or tomor- store fiscal and economic sanity—we Representative ARMEY from Texas, has row we passed an amendment to the must pass this balanced budget amend- stated that we cannot have the right- Constitution that outlawed all violent ment. to-know amendment passed, for if we crimes. It sounds good: We are going to Mr. REID addressed the Chair. did, the knees of all Members of Con- outlaw all violent crimes. But unless The PRESIDING OFFICER. The Sen- gress—in both the House and the Sen- we set out a detailed plan as to how ator from Nevada. ate—would buckle and they would not this amendment would be enforced and Mr. REID. Mr. President, we have vote for the amendment. Why? Because the crimes to necessarily be included, been focused in the last 6 months on the American public then would know, it would not be worth the paper on the O.J. Simpson trial, and one of the in his words, too much. So I believe the which it is written. first mistakes made in that case by one American public has a right to know. That is what the balanced budget of the defense lawyers was when the de- Maybe what we should do is change amendment or the trust-me amend- fense lawyer allowed O.J. Simpson to the name of this balanced budget ment is all about. We are going to do give a long statement to law enforce- amendment to the trust me amend- the right thing, and balancing the ment. It led to that attorney being ment. Just trust me. Everything will budget sounds like the right thing to fired by O.J. Simpson because O.J. be just fine. Do not worry about it. We do. Simpson, could have given testimony do not need to tell you how we are It kind of reminds me of about 15 incriminating himself. going to do it. Just trust me. We will years ago at Caesar’s Palace in Las Those of us who have practiced call it the trust me amendment. Vegas. They were going to have an criminal law recognize that people I believe, Mr. President, that the event. The event was that Evel Knievel have a constitutional right to not in- Democratic leader’s demand for great- was going to jump across the fountains criminate themselves. The fifth amend- er details is the right way to go. It is at Caesar’s Palace. None of us thought ment provides for this right. I am sure insulting to the American public, the he could do it. He said, ‘‘Trust me; I we have all seen movies where people people of the State of Nevada, to sug- can do it.’’ I can drive my motorcycle stand and say, ‘‘I refuse to testify for gest that we cannot tell the American and make this giant leap of faith and I fear that I will incriminate myself.’’ people how we will balance the budget will be just fine. The reason I mention that today, Mr. because, if they knew, they would not Thousands of people went to Caesar’s President, is the majority of people support the passage of this amend- Palace that day to watch this man per- pushing the balanced budget amendment. So let us call this the trust me form this act that no one thought he ment are unwilling to tell the Amer- amendment rather than the balanced could do. Millions of people watched it ican public what they have a right to budget amendment. The American peo- on television. And sure enough, he

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1988 CONGRESSIONAL RECORD — SENATE February 2, 1995 could not do it. He revved up that mo- need to make sure and understand that bate in this Congress, or maybe several torcycle in his red, white, and blue such a resolution is only a figleaf to Congresses. I suggest if the Senate jumpsuit and off he went. The motor- make people’s consciences seem a little today was debating whether Members cycle turned in the air, and he was bit better. Unless it is in the balanced of the Senate should be allowed to have splattered all over the pavement at budget amendment—that is, the exclu- lunch with a lobbyist, the press gallery Caesar’s Palace. He still has wounds sion for Social Security—Social Secu- would probably be overflowing. They and he still limps as a result of that rity will be the tool used because it is would be listening to every word we event. ‘‘where the money is,’’ as Willie Sutton say on whether we should have lunch Well, that is just like this trust me said. with lobbyists when we come to Wash- amendment. There can be no way, in On this floor yesterday—I had a dia- ington. But here we are, talking about this Senator’s opinion, that you can log with my friend from Utah, the sen- amending the Constitution of the balance the budget by 2002 unless you ior Senator from Utah, who has for a United States, a decision that can af- take Social Security trust fund mon- considerable period of time managed fect every single individual American eys. Logic tells me that is the case. this bill. Referring to the RECORD of today—the press gallery looks like a And as I said yesterday on this floor, yesterday, I read a statement from my hurricane has just blown through it. Willie Sutton, the famous bank robber, good friend the senior Senator from This is an incredibly important deci- after he got out of prison was inter- Utah, where he said: sion we are embarking on, taking on in viewed. He was asked: Why do you rob Now, that is where we are headed. Make no a relatively short period of time—to banks? Willie Sutton said, ‘‘Because bones about it. The only way to protect the amend the Constitution of the United that’s where the money is.’’ Social Security trust fund and the Treasury States. The balanced budget amend- Well, with the Social Security trust bonds it buys, is to pass this amendment and ment, it is like apple pie and mother- fund, that is where the money is. We balance the budget. hood and the San Francisco Forty- are going to have surpluses of billions Now, Senator REID says we must exempt Niners, everybody loves it in concept. Social Security because what is—[it says and billions of dollars by the year 2002 ‘‘what’’ but it means ‘‘that″]—that is where But the devil is really in the details of or 2003. It will be about $800 billion. It the money is. That just is not true. That is what we are talking about, and I sug- will go up higher than that, into the where the Treasury bonds are. There is no gest the details are well hidden. Details trillions, before the downside starts. money there. There are only IOU’s which about what this means are still in the I see seated in the Chamber today my will be valueless if we do not get spending dark and I suggest that is not the way friend from Wyoming, the senior Sen- under control. the U.S. Senate and Congress of the ator from Wyoming. He and I serve to- How do we protect Social Security? We United States should legislate. I think gether on the entitlement commission. who support this amendment know how. Through good economics, and through a bal- we have an obligation to be honest and Social Security has problems if we do anced budget amendment. It is the best pro- frank with the American people, and not bother it, but if we take those So- tection we could give them. The Social Secu- tell them what we are getting ready to cial Security trust fund moneys and rity trust fund is not where the money is. do to them and to the respective 50 use them to retire the debt, we have There is no money there. There are only States of the United States. big problems real quick. IOU’s there. I will start off by saying I support Also, one of the first things I learned He goes on to say: the balanced budget amendment. I in law school is that if you are going to We have already used the money to pay for have supported it in the past. I have have a contract, you should put it in other bills of the Federal Government and voted for it in the past. I think it is in- writing. We have heard a lot on this other spending items. credibly important that the Federal Senate floor, and especially in the That is my whole case. That is my Government do what most of the other body, about a Contract With whole case. We do not want to do that States do, although they differ and do America. We all realize that the real anymore. This year there will be an exit in a very different fashion with the contract with America was negotiated cess, a surplus of $70 billion and they type of budgets they have to keep in in 1935 when Social Security was will continue to grow. We want to balance. They have a capital budget passed. That is the real contract with maintain those moneys. We do not and an operating budget. If the Federal America. And I believe that the trust- want to do what my friend from Utah Government had a capital budget and me amendment should be an amend- recognizes has been done. an operating budget, it would be a lot ment that is a real, true, balanced So I am for the right-to-know amend- easier for us to balance the budget. We budget amendment and Social Security ment. I believe that amendment sug- do not have that luxury like most of should be excluded from it. And to do gests we should have an exclusion for the States have. We have only one that we have to put it in writing. We Social Security. If we do not, we are budget and everything is put in. So an can no longer say to the Social Secu- going to have a cruel hoax perpetrated effort to balance the budget by the rity recipients—and that is not only on the people of this country. year 2002 is a noble idea, one I support, old people in this country. It is my My friend from Utah further is but one that is not going to be very children and my grandchildren. I want quoted in today’s Washington Post as easy. them to be able to have the ability to saying, ‘‘The right to know is a joke by My point is everybody is for this in receive Social Security. So we want those who don’t want to vote for the concept but nobody knows the details. this Social Security exclusion to be put amendment anyway.’’ Mr. President, I So many, in fact, are concerned about in writing, not some kind of a resolu- support the balanced budget amend- what the details really mean and how tion that does not mean anything. ment and have for many years. But I we are really going to go about doing it I have heard that there is going to be also support the American public’s that the Republican leader in the a resolution offered that will get over- right to know how we will get the House of Representatives, when they whelming support in this body. The budget in balance. I suggest the only asked him what about spelling out the resolution will say, ‘‘We will not touch joke we are hearing around here is details of how you are going to do this Social Security, cross my heart.’’ But voices saying, ‘‘trust us.’’ The sad fact, so the people can see it, suggested that the American public should understand however, is that this joke is at the ex- we really cannot talk about the details that resolution does not mean any- pense of the American people. because if we do it nobody will vote for thing legally. I say we must put it in The PRESIDING OFFICER. The Sen- it. writing in the amendment itself in ator from Louisiana. Is that not a heck of a statement to order to have a real binding, meaning- Mr. BREAUX. Mr. President, I ask make in the Congress of the United ful balanced budget amendment. the Chair notify me when I have con- States? That the details are so dif- So those who may offer a resolution sumed 14 minutes. ficult, and what we are asking the declaring Social Security not applica- The PRESIDING OFFICER. The American people to face having happen ble under the balanced budget amend- Chair will so notify the Senator. to them is so difficult to face we can- ment should understand that it will Mr. BREAUX. Mr. President, this is not tell them about it because, guess pass overwhelmingly but it means probably one of the most important what, if we tell them about it we may nothing. I respectfully suggest that we issues we are going to be asked to de- not be able to do it.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1989 What kind of principles does that I spoke to the National Governors’ leagues on this side are talking about stand for? What does that say? We have Conference the other day and I asked increasing defense spending. I think in to pass this in the dark because if we the Governors, I said, Governors: What some areas we need to increase. I would open it up nobody will vote for it? Are are you going to say to the President agree with them in some areas. We just we telling the 50 State legislatures if of your senate or the speaker of your had our colleague from Nevada saying we tell you exactly what this means house when this amendment hits the do not cut Social Security. Does any- you will never pass it so we are not steps of your capital and you submit it body believe that this Congress or the going to tell you what it means, we are for them to ratify and those gentlemen next Congress or any Congress is going just going to give you a title and the or ladies come up and say: Governor, to slash Social Security in order to bal- title says we are going to balance the what does it mean for us to vote yes to ance the budget? I doubt it. So I think Federal budget by the year 2002? ratify this amendment? What does it this assumption is fairly significant, If it is good enough to do it is good mean to my State of Louisiana? Does and probably pretty reasonable. enough to do in the daylight. Why do it mean we are going to have programs Here is what it said about my State. we have to do it in the dark? What is cut and if so which ones are we going A balanced budget amendment would wrong with telling them what a bal- to have to cut or eliminate or change? reduce annual Federal grants in Lou- anced budget by the year 2002 really Governor, does it mean we are going to isiana State government by $2 billion. means? have to increase taxes on the State We have to understand in Wash- There is $1.5 billion per year in lost level if the Federal Government quits ington that this balanced budget funding for Medicaid. My State has a giving us these moneys for these pro- amendment is not something we are $750 million shortfall in Medicaid this grams? doing here by ourselves. We cannot bal- Under the current suggestion of our year without the balanced budget re- ance the budget in Washington, amend Republican colleagues, do you know quirement being in effect. It would the Constitution in Washington with a what the answers would be of the Gov- mean $94 million per year in lost high- balanced budget amendment, without a ernor? ‘‘I don’t know. They didn’t tell way trust funds. What is going to hap- partnership arrangement with the me. They just said we are going to bal- pen to the roads of Louisiana? Are they States. They have to ratify the amend- ance the budget. I don’t know how we going to crumble and fill up with ment that we send to them; 38 States are going to do that. They never told water? There will be $48 million per have to analyze it, take a look at it, me that. I’m sure they are going to do year in lost funding for welfare pro- and say: Our legislators say this is it right. Trust them.’’ grams, AFDC for our children; $324 mil- good policy; we will vote to put a bal- I suggest any State legislature that lion per year in lost funding for edu- anced budget amendment in the U.S. is comfortable with the concept of cation, for job training, and the envi- Constitution. trusting Washington to do something ronment, housing, and other areas. So they have to be involved. It is a that makes them feel good and solves Talk about the devil is in the details. partnership between the Federal Gov- their problems without giving them an This is really devil in the details. ernment and the various States in amending the Constitution of the unnecessary burden has not been in Then it said Louisiana would have to United States. Therefore I suggest the State office very long. Trust but verify. increase State taxes by 27.8 percent I looked at the Department of the States need to know exactly what this across the board to make up for the Treasury. These are folks who crunch is going to mean— not in Washington, loss in grants. A 27-percent tax hike? I numbers, that wear the green eye- but what it means in the various State think not. Louisiana is not going to shades, and they really work on num- capitals around the United States. And raise taxes 27 percent. They are not bers all the time. They are not polit- I suggest it is not enough for us to say, going to raise them 2 percent. The con- ical appointees. These are economists ‘‘trust us,’’ here in Washington—a very ditions in the State do not allow it. It novel idea at best. Trust us to do what who have probably been through sev- is not good fiscal policy. is right. Trust us to pass this in a way eral administrations. Gov. Howard Dean of Vermont, the Some of my particular colleagues that you are going to be very happy past president of the National Gov- said that is just the Treasury Depart- with, trust us to do the right thing ernors Association, has done a tremen- ment’s assumptions, and that is not that is not going to abnormally affect dous job in this area. He was con- correct, and you cannot depend on your States and your citizens. Trust us cerned, just as I am, and he wrote the that. Fine. Tell them what they can de- to make it in a way that you will like. Treasury Department. He said, ‘‘Can pend on. If it is not these assumptions But do not, do not ask us to tell you that are going to go into play, let us what it is all about, because you know you tell me, making various assumptions, what a balanced budget amend- know what these assumptions are. Tell if we tell you what it really involves us by showing the States what we are you may not vote for it and, boy, would ment would mean to the various States?’’ That is a partnership idea. going to have to do to get to that point that not be terrible? So please trust us. in the year 2002 when the budget is in President Ronald Reagan used to Remember? It is not just us doing it. The States want to know how it is af- balance so that when that State legis- have a great line when he was talking lature, when the President of the Sen- about the Soviet Empire and all the fecting them. Governor Dean wrote to the Treasury Department and said, ate, the Speaker of the House, goes to meetings they had. All the meetings the other legislators and asks them, were going fairly well and Reagan ‘‘Give me a projection as to what it means to the various 50 States if the ‘‘Bob, Susan, Bill, I need your vote on would get up in the press conference this,’’ they will say, ‘‘Well, you know, and say, ‘‘trust but verify.’’ Congress passes a balanced budget amendment which requires a balanced if it is going to mean we have to raise It was a great line. It made sense. We taxes 27 percent, I do not think that is wanted to make sure that, yes, we budget by the year 2002.’’ He got an answer from the Treasury a great idea. I am not going to vote for trusted the Soviets to do what was that,’’ because they will have the right right because that is what they told us, Department. He mentioned all 50 States. I am particularly interested in to say the Federal Government is get- but he also said yes, but let us verify. ting ready to stick it to the States, Let us make sure the trust is more one State, the State of Louisiana, that getting ready to stick it to them in the than a promise to do it right, that we I represent. They said this—this is dark because we are not telling them actually see in writing what they are really important information—about what it is all about. going to do. Trust but verify. the impact of the balanced budget The right-to-know amendment that amendment and the Contract With I would suggest very simply, if these we are suggesting to be added to this America on the State of Louisiana. numbers that the Treasury Depart- balanced budget amendment is really They said that for all calculations if a ment have presented here are not accu- that: Trust but verify. Tell the States balanced budget is achieved by the rate, then, fine. But we in the Congress what it is going to mean when that bal- year 2002 through across-the-board have an obligation to give them accu- anced budget amendment hits the cap- spending cuts that exclude defense and rate figures as to how we are going to ital steps in the various State capitals. Social Security—that is probably a reach that goal of a balanced budget in What does it mean? fairly reasonable assumption. Our col- the year 2002.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1990 CONGRESSIONAL RECORD — SENATE February 2, 1995 Here is the resolution that the Gov- have a partnership. Without that, they never right. Five years later, there was ernors have adopted, the Democratic do not have the information to make always some dramatic thing that Governors. Everybody was all for it. the right decision. I want to give it to skewed the numbers. They thought they were going to make them. I think that they ought to look Time and again, they have failed to us do something that was uncomfort- at it and decide whether that is what resolve this situation once and for all. able. Now they are figuring out how it they want to ratify. But do not ask Why is that? One reason and one reason directly affects them. They are saying, them to do it in the dark. only: Each one of them has failed to ‘‘Wait a minute.’’ The Democratic Gov- I yield the remainder of my time. deal with the fundamental problem of ernors said: The PRESIDING OFFICER (Mr. the entitlement spending explosion. We support a federally balanced budget BROWN). The Senator from Wyoming is The 1993 Budget Act most certainly amendment. The Democratic Governors be- recognized. failed to do that. President Clinton lieve the citizens of this country also deserve Mr. SIMPSON. Mr. President, I want proposed only modest reforms in Medi- the right to know the implications of a fed- to speak on behalf of Senate Joint Res- care, and he had to face down a revolt erally balanced budget amendment. Congress olution 1, the resolution to provide for from his own liberal wing and remove must detail its plans to balance the budget the ratification of the balanced budget even those slight changes in order to before sending the resolution to the States amendment. for ratification. pass his Budget Act and leave that I want to commend Senator HATCH spending to grow on, unabated, unre- I think that is at least the minimum for his extraordinary work and pa- stricted. All the while, Congress was that we can do here at the Federal tience in regard to this measure. And debating a huge new entitlement in the level as we debate this particular reso- also Senator SIMON, Senator HEFLIN, form of the Health Security Act. lution. I suggest that it is important Senator THURMOND, and back through What is the latest verdict on the 1993 for us to let the States know what we the years, Senator DECONCINI. So many Budget Act? Where are we heading now are talking about doing to them. of us have worked for so long on this that we have passed this landmark leg- Final point: Some of my colleagues measure. There are really no other islation? The CBO has just reexamined on this side have said, ‘‘Well, we can- questions to ask about this measure. the entire Federal budget outlook, and not do that. We do not know what it is We have asked them all. We have heard here is what they find: In fiscal year going to be like 7 years from now.’’ I every hypothetical, every argument, 1994, the annual deficit amounted to mean we do not know the economic every horror story. Everything that $202 billion. In fiscal year 1995, they conditions. We cannot project out 7 could possibly be laid out would fill the project that figure will shrink to $176 years. Last year and the year before Chamber to the seals on the ceiling. billion, and there is joy in the streets last we passed the budget reconcili- Recently, the President, working with regard to that figure—at least ation bill. We did exactly what we are with the then Democratic majority in more joy on the other side of the aisle talking about doing today for 5 years. both Chambers of Congress, passed the than here, because that does not mean Would my colleague, since they cannot latest in a series of deficit reduction we now will owe less money as a Na- go 7 years, at least tell the States what plans. We have heard reference to that. tion; it is $176 billion more in debt that they can expect for 5 years? We do that We did the Omnibus Budget Reconcili- future taxpayers will have to pay off, all the time. Every bill we bring up has ation Act of 1993, or OBRA, and it was but it would represent slightly less a 5-year glidepath. How much are we supposed to shave $500 billion off of the than we added in fiscal year 1994. going to lose in taxes? How much are Federal deficit over the next 5 years. we going to raise? What kind of pro- This, of course, was $500 billion in ‘‘def- Where do we go from here? In fiscal grams are going to have to be cut to icit reduction,’’ as defined in the ex- year 1996, the CBO tells us the annual meet certain goals? ceedingly perverse language employed deficit will again be back up to $207 bil- Let me ask my colleagues who say only here in Washington. Mind you, lion—more than either of the 1995 or we cannot do it for 7, would you go 5? this meant not that deficits would be 1994 figures—and it keeps going up Would you consider we do a budget res- $500 billion lower, or that the total after that. We all know it and we talk olution for 5 years and spell it out for debt would be ‘‘reduced’’; it meant that about the figures on the floor. It will 5 years as part of this balanced budget rising deficits would cumulatively go up to $253 billion in fiscal year 1999, amendment? At least the State of Lou- amount to $500 billion less than some and we all know it. isiana would know what it is going to esoteric, abstract figure which only Not only do hundreds of billions in be like for 5 years. I will go 5 years if Washington policymakers seem to un- debts stand to be added to posterity’s we cannot go 7. Do not tell them we derstand, and it is quaintly called ‘‘the burden every year, but we stand to add cannot go 5 because we do that all the baseline.’’ to that debt still more quickly—not at time. When we passed the budget rec- The ‘‘baseline,’’ of course, is some distant, far-flung date, but next onciliation years ago, we cut the def- everchanging. Lord only knows how year, 1996, according to CBO, is when icit by one-half trillion dollars. Not the baseline is properly figured, but its annual deficits begin to skyrocket one Republican colleague stepped up to chief function seems to be as a device again. the plate to support that because it of consolation for the poor, beleaguered Mr. President, the 1993 Budget Act was tough. American taxpayer. Debt continues to affected no fiscal years earlier than I would simply suggest that it is not compound and annual deficits are pro- 1994. This is progress? Skyrocketing that we cannot do it, but rather that jected still to skyrocket. But, take annual deficits are still projected for as we will not do it. It is easy to pass a heart, ye of the faithful, unwashed tax- far as the eye can see beginning next balanced budget amendment in general payers, there was an even worse sce- year. I can personally tell you that the terms, but this Congress, I would sug- nario out there for you called ‘‘the long-term picture is much, much worse gest, does not have the courage or the baseline.’’ Thank heavens we have all than that. wherewithal or the strength to tell the done better than that, and the public is I had the ‘‘honor’’—and I put that in States what it really means to them. then assured that all is well. quotation marks—to participate in the How is it going to affect them? A budg- Mr. President, all is not well, and all collective suicide mission that was et resolution accompanying this bal- will not be well until this situation is known as the President’s Bipartisan anced budget amendment would let the brought under control with finality. Entitlement Commission, or the States know what we are really getting The 1993 budget was only the latest in Kerrey-Danforth commission, named ready to do to them. Shifting the bur- a long series of similarly hyped budget after its tireless chairman and vice den of taxation is really easy. It is real procedures. Both parties and all Presi- chairman. If you want to know what easy. I will tell you. If I was a State, I dents have been so good at it. 1990 was will happen to this country in the next would want this Congress and any Con- the last one before that, and I voted for century, in the next 25 years, the next gress to accompany that balanced that one. We have been passing deficit 50 years, get a copy of our report. budget amendment with a budget reso- reduction acts around here for as long There were more than several Senators lution that spells out exactly what it is as I can recall, and the numbers are al- on the bipartisan commission, a won- going to mean. Without that, we do not ways off. They never match; they are derful group of people, Democrats and

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1991 Republicans alike. Get a copy of the re- obscured in a haze of misleading anec- cause once it kicked in, one-third of port that was released last Friday. It dotes, rhetoric, and carefully crafted this body would be voting right. One lays it all out in vivid, full-color statistics. Just try to come down to third of these Senators would vote graphs. The Senators involved on the the floor, as I say, and suggest that right. And then, in the duties of the entitlements commission were Sen- this year we are going to let Medicare leadership, all you would have to do is ators KERREY, DANFORTH, MOYNIHAN, go up only 8 or 6 percent instead of the go find 18 other people out of that pool SASSER, MOSELEY-BRAUN, REID, BUMP- 10 or 9 percent projected. Broadsides of about 40 who always cast the tough ERS, DOMENICI, GREGG, COCHRAN, WAL- will be fired all across the country say- votes. There are a group of about 40 in LOP, and myself. We all were involved. ing that you are planning brutal cuts here, Democrat and Republican alike, See our work product. See that 30 of in Medicare. How could you—choke, who often cast the tough votes, con- the 32 of us agreed that in the year gasp, sob—do such things? sistent tough votes. Do term limits, 2012, even with no new spending initia- Why should you make such a heart- then you would have a third of them tives and with no increase in taxes, less proposal anyway? Why not just cut doing it right. They would be unshack- there will be only sufficient funds to foreign aid, or raise taxes on the rich, led and you then go dig up 18 more and pay for Social Security, Medicare, or get rid of the tse-tse fly study? That you have your 51 to pass an issue. It Medicaid, Federal retirement, the is a marvelous thing, if we could just would change this body immensely. get rid of the tse-tse fly study. It is other entitlement programs, and inter- So I certainly look forward to the only 100,000 bucks. Or get rid of the est on the national debt; and there will day when the Congress actually has to highway demonstration projects. Try be nothing—nothing—for defense, balance the books as would be required that one, at least in the House. They transportation, education, WIC, WIN, by the Constitution of the United used to try it. That is like pulling Head Start, NEA, NEH, or any other States and as required in constitutions teeth with no anesthetic. Or, of course, discretionary program of the Federal of other States. And I said before and if we get rid of the restoration of Law- Government. Zap. Nothing. We all say again, it would be ‘‘shock ther- know that, too. At least 30 of 32 of us rence Welk’s house, that would do it. If we could only end that sort of thing. Or apy.’’ And I would relish it. who sat for nearly a year know that. I Because everyone who has been mak- would think our colleagues would want congressional pay raises and we should look at that, indeed. ing a lifetime career of running against to listen to what we presented. foreign aid or for increased taxes on But I favor the balanced budget And we never did one of those here in the rich or always prattling about class amendment because I just simply think all my time here while in the dark. The warfare and why cannot we just do it is ‘‘shock therapy.’’ There is no last one which was reported to the what we were hired on to do—let us other purpose for it. It is to force us to American public by the media was that check them out in the old hypocrisy confront the real components of the we voted in the middle of the night for index. The index hurt a lot of them in Government’s spending problem. The a pay raise. I think it was about 9:45 in the evening and everybody was here the last cycle. It scored up how much opponents of the balanced budget and everybody voted ‘‘yes’’ or ‘‘no.’’ I they talked about cutting and how amendment say it is not needed, that do not think that is too much of a se- they actually voted, especially and all is needed is for Congress to ‘‘screw cret endeavor. And anybody can go solely on spending. We all do it. I do it. up’’ its collective courage to pass legis- look and see how anybody voted. We do We all do it. Look at our votes. One lation curbing rising deficits. That is not do it that way. man’s junk is another man’s treasure; an appropriate, I think, two-word de- Well, maybe get rid of the franking some pet project, some massive public scription of what we have been doing privilege. That’s it. That would solve works. We all do it. Every single one of with regard to the budget for years. all our problems. Or just simply abol- I know all too well what happens us do it. ish waste, fraud, and abuse. Oh, if we when you try to do that. You get ex- And so, if we would do those things, all did that, there would be no problem. we would see those people exposed in actly the sort of hysterical propaganda Well, so long as Congress is not one fell swoop. They will then be bound that is currently being hauled out in forced to actually balance its books, it to the Constitution with hoops of steel bales by the metric ton in opposition will be possible to survive politically— to balance the books, and when they to the balanced budget amendment. and there is the key, ladies and gen- come out with a proposal to eliminate Phrases ring through the Chamber: tleman—while pandering to every pub- the 1 percent of the budget that goes to ‘‘Tell us how you are going to take lic misconception there is about the foreign aid—1 percent—that just will food away from starving seniors and structure of the Federal budget. hungry children,’’ they say. Spell it I have served our party as assistant not get the job done, and they will be out to us. When you try to explain that leader for some 10 years. And I com- forced to come back and try again. you are only talking about more mod- mend my successor. He is doing a Or they will say, let us raise those est increases in Government spending, splendid job. I am proud of him, my taxes on ‘‘the rich,’’ and they will get you are lost and they are lost. And friend, Senator TRENT LOTT. about a half inch closer to solving the then they unleash on you. And, as an aside here, let me tell you problem that way and once more they We have not proposed a ‘‘cut’’ of any- why I am going to vote for term limits, will have to try again. thing in Social Security. We have not so that you may hear. Of course, I was I have a certain perverse strain in my proposed a ‘‘cut’’ of anything in Medi- not for it when I was running for my nature. When people at a town meeting care, or a ‘‘cut’’ in Medicaid. We are third term, but that is another story! say, ‘‘Why don’t you just nail the rich just trying to slow the growth. Appar- But I can tell you, I will vote for that and we could seal this hole and make ently, it is still not being heard. So if and I will tell you why. progress?’’ Medicare is going up 9 percent, we say I cannot tell you how often—about let us let it go up only 6 percent, and it once a month—in my duties I would I say, ‘‘No, no. Let’s not increase is described to the American people as say, ‘‘We need your vote. It is a very their taxes. Let’s take everything a ‘‘cut.’’ It is a sad day for the use of critical vote for the Nation’s best in- they’ve got. Why mess around? Let’s the English language and a true distor- terest. We need it.’’ And they would take every stock certificate, every tion of what is being said. say, ‘‘I know it is a critically impor- ranch, every yacht, every piece of prop- A 6-percent increase is not a cut. And tant vote and we do need it, but I can- erty. Let’s take it all. Let’s take every it is sad to watch that continual de- not vote for it because if I do I will be debenture. Let’s take all the big family scription over the media and in this history. I will be gone. I will not get re- money in America, all the Wal-Marts, Chamber about cuts when all you are elected.’’ And I would say, ‘‘So this is all of this, all of that.’’ trying to do, and we all are trying to your sole reason for not voting for this Guess what? It would be about $800 do, is limit the increase in growth. Not amendment or this bill, is that you will billion and that would run the country a cut in a carload. not get reelected?’’ And they would for 6 months—$800 billion would run In short, Federal budget policy de- say, ‘‘You got it.’’ the United States for about 6 months. bates are eternally paralyzed around And so I say, nothing would be better That is in taking it all. That is in tak- this place because the real issues are than the term limits legislation, being the Fortune 500, the Forbes list, the

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1992 CONGRESSIONAL RECORD — SENATE February 2, 1995 whole works. Take it all, $750 billion or $15.2 billion. Expansions of SSI, $7.7 bil- Well, I could go on, and Members are $800 billion, and yet the budget this lion. Housing assistance for all who thinking, ‘‘He is going to.’’ But I will year is $1.506 trillion. Not a very good qualify, $34.6 billion. say this. This is a tremendous chal- idea then, but it sounds so good. So the next time Members are get- lenge. The House has taken up the bur- Certainly, just as there are today, ting in a little scrap from the old den. They secured 300 votes. We in the there will be those who will win elec- AARP, and they are out there with Senate should pay careful attention. signs and posters, ask them if they tions by uttering such platitudes, and Let me conclude with what should be have any grandchildren, first. That will in today’s process, they can still go obvious to all Members, if not so al- get a rise out of them. Then ask them back to the electorate the next time ready, is that the struggle is between how we are supposed to pay $1.3 trillion around and say, ‘‘Well, we failed to bal- those who are seeking to keep this ance the budget because the Congress for the next 10 years to take care of their agenda they tell their Members amendment in a form that can pass didn’t adopt my wisdom. We aren’t tax- this Congress, and those who will find ing the rich enough, we did not cut for- about in their magazine that looks like a clone of the Smithsonian magazine. every single indirect means to bring it eign aid.’’ And there are still some to crashing down. cut out there. I saw it myself. ‘‘There Ask them. is $15 billion out there, folks,’’ and I imagine my mail will pick up when I applaud the distinguished Senator they all get glandular reactions from I return to my chamber. There will from West Virginia [Mr. BYRD], the that. But $15 billion will not get you probably be a little bit of light anec- very able, venerable conscience of the there because the budget is $1.506 tril- dotal material like, ‘‘You rotten—.’’ I Senate, for his forthrightness and cour- do not know what it will be, but it will lion. And who is the wiser in that proc- age in opposing the balanced budget be heavy, and it will come from AARP ess? amendment. Subterfuges are not for But with this amendment, this cou- members who do not know one thing him. Deception and chicanery are not rageous amendment, the American about their membership asking this his tools. He is right out front. He public will become educated in a real Treasury to cough up 1.3 trillion bucks openly declares his opposition to this hurry about where and how the Gov- in the next 10 years for people, regard- amendment, honestly lays himself out ernment spends its money, and I am less of their net worth or income. to the judgment of his constituents, Some of it is not ‘‘affluence tested.’’ greatly looking forward to the anguish makes his argument, and states his We ought to affluence test it all. I want reasons for opposition as his means of connected to it all. No wonder it is op- to be very clear. I am not talking posed by every special interest group fighting hard against the passage of about people who are poor. I am not the amendment. whose job it is to drain the Federal talking about seniors who have no Treasury. Their executive directors are proper nutrition. I am not talking But it is my view that the greatest paid to horrify the membership to get about Meals on Wheels. I am not talk- danger comes from those who will be them all worked up, to be sure that ing about Green Thumb. I am talking tripped up in supporting, with all good they earn their salary, to be sure the about people who, to some, the cost of intention, any number of amendments letters come cranking in, without re- living index and the cost of living al- that will be offered as a means of peel- gard to the burden placed on future lowance is the cost of ‘‘living it up.’’ ing away the two-thirds majority sup- taxpayers. One of the saddest things—the sad- port that the amendment must have. Do you really think that the AARP— dest thing—that I saw in the entitle- Members will see those. And the House the American Association of Retired ments commission was where a young protected itself against those carve- Persons—really wants the people of the man came and testified with a young outs. United States, or even their member- people’s advocacy group. Boy, young Make no mistake: We will kill the ship, to really find out that you cannot people better start paying attention balanced budget amendment if we pass enact their $1.3 trillion—get this fig- here. These young people came and tes- any modification that will leave us ure, $1.3 trillion—agenda and balance tified, one young man with sadness, with a resolution where we cannot se- the books at the same time? said that he visited his grandfather in cure the necessary two-thirds in both Hear me. This is a report from the Florida, and he loved his grandfather the Senate and the House and we must National Taxpayers Union Foundation dearly. And the COLA, cost-of-living- not do that. of April 28, 1993. The next time you go allowance—to his grandfather, who was to a town meeting and the AARP is out Let me put it quite bluntly: A vote to a lovely man and had done well in life, exempt Social Security from the bal- there—and let us remember who they was whether he would be able to up- are—there are 33 million of them who anced budget amendment is a vote to grade his country club membership. kill the balanced budget amendment; a pay 8 bucks dues and they are bound Ladies and gentlemen, that is not what together by a common love of airline vote to include a tax limitation is a a COLA is for. A cost-of-living-allow- vote to kill the balanced budget discounts, and automobile discounts ance is something to take care of some- and pharmacy discounts. amendment. I am not talking about one who is truly needing that. motives here. I am speaking of the seri- Do their members know what their We are going to have to start afflu- ous practical effects. That is what will agenda is, ladies and gentlemen? Their ence testing the COLA’s. We are not happen if these modifications pass. A agenda is this: Long-term health care talking about cutting a single cent vote to create a capital budget is a for everyone in the United States, re- from a Social Security benefit. Hear vote to kill the balanced budget gardless of their net worth or their in- that one. I do not want to hear any come. Ring that one up. Universal more of that babble. Nobody here ex- amendment. Those issues have been long-term health care, regardless of cept one group, which I believe is a re- tested, fought over already in the wealth. That is $60 billion over 10 markable group, including our former House, and in the Senate for years in years. Second, expand Medicaid to friends from the Senate, Paul Tsongas the Judiciary Committee. We want to cover all below poverty, $35.7 billion and Warren Rudman, have suggested send the balanced budget amendment over 10 years. Catastrophic care, $15.8 affluence testing of the benefits. I have to the States for ratification. We need billion. Medicare to cover ‘‘near elder- not subscribed to that. But we are cer- to keep it in a form we know to have ly’’—I suppose those are people that tainly going to subscribe to affluence the requisite support. Every supporter fall into the 45-year-old category, be- testing of the COLA’s or we will not of the balanced budget amendment cause that is only 5 years below the ad- make it, because they range between $7 needs to clearly understand this, as mission date of your ‘‘elderly’’ age to billion to $22 billion a year, depending there is little margin for error at this get into the AARP; members only have on the Consumer Price Index, the CPI. stage of the game. to be 50, so I suppose ‘‘near elderly’’ is Unless we breathe reality into that To those who assert that the bal- defined as one 45 years old—that is $10 index, we will not make it, either. It is anced budget amendment would impose billion. Expanded Medicaid long-term distorted. It needs correction. It still a terribly unfair burden on individual care, $7.3 billion. Changes in Social Se- has a commodity designation in it States as the Federal Government curity benefit formulas, $19.1 billion. called typewriters. It is not even cur- pares down its spending, I make two Expansions in earned income credit, rent. points in response, in final response.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1993 First, we just completed action on the people were determined to take the fu- it imposes is a question of such fundamental unfunded mandates legislation. This is ture back into their hands, I think it is importance as to place it among the funda- the best ever protection of its kind for now. That is the reason the House has mental principles of the government. We State budgets. Second, it seems to me already passed the joint resolution for should consider ourselves unauthorized to that the States are in the best position a balanced budget amendment to the saddle posterity with our debts and morally to decide that, after all, and this must Constitution, the one we are debating bound to pay them ourselves. be ratified by the States; three-fourths now, by an overwhelming vote of 300 to Those are powerful words from Mr. of them have to decide that they want 133. That was a bipartisan vote, or Jefferson. And when I said, a minute this. They are far better custodians of rather, it was nonpartisan. After a lot ago, that the deficit is more than an their own interests than we could ever of debate, after rejecting some tough accounting problem or a fiscal prob- be. amendments, and after resisting pres- lem, I was echoing Jefferson’s observa- So, Mr. President, I look forward to sure from all the usual special interest tion that we are morally bound to pay, vigorous and healthy debate. I think groups, 300 Congressmen voted for this ourselves, the debts that we incur and we have begun this on this issue of cen- balanced budget amendment. tral importance to our country. I have I hope the amendment will have the not dump them off on our children. great enthusiasm for this one, albeit a same broad support in the Senate. That is what is involved here. bit of a personal stake. I personally as- Even if, in the past, most of the votes Jefferson’s advice has fallen on deaf sumed the ill-advised and totally po- have come from this side of the aisle, it ears in Congress, at least for the last litically incorrect responsibility of is obvious that there is support for it several decades. Even when the Repub- charting out just how I would get this on the other side as well. There is sup- lican economic program of the early country’s fiscal house in order during port for a balanced budget amendment 1980’s launched the longest peacetime the coming decades. It is enclosed with from Republicans and Democrats, from economic expansion in our country’s the Entitlements Commission report. conservatives, moderates, and liberals. history, with a tremendous increase in Members may ask me for a copy, and I And we should come together, after full revenues for the Federal Government, shall send it to Members in a brown, debate, vote on this issue and pass it. unmarked envelope so Members need The reason for the amendment’s the Congress—and perhaps the execu- not know that we are really proposing broad support, both in the Congress tive branch as well—managed to spend some dramatic things. No one will and most importantly among the pub- all that new money and still go deeper know Members received it. And there is lic, is that it is no longer just a fiscal into debt. nothing I would enjoy more than some issue, no longer an accounting ques- For the last 2 years, some people added company in the suicide mission, tion. More than anything else, it has have been trying to revise history by however involuntarily compelled. I become a moral issue with the Amer- making the decade of the eighties a seek your assistance if this earnest ef- ican people. It has become a question bad time. But in fact, the eighties were fort. of what we are doing to our children prosperous. A tremendous explosion of I thank my colleague, and I yield the and our grandchildren—leaving them a additional revenue came into the floor. monstrous national debt of some $4 Treasury. And with it, we should have Mr. LOTT. Mr. President, I thank the trillion, a debt that will eventually Senator for the recognition. I do not crush the life out of their economy and been able to control the deficit. But we plan to take a long time in my remarks the spirit out of their enterprise. did not do so because we kept spending here on our constitutional amendment There will be those who will say, even more. Every time we got more for a balanced budget. I want to thank ‘‘Well, how did we get here? Why didn’t revenue, we would spend more money. the distinguished Senator from Illinois you fix this problem in the eighties? We all go home to our States, coun- [Ms. MOSELEY-BRAUN] for her coopera- Why didn’t we do more in the seventies, and cities and they say, ‘‘Can you tion in allowing me to go forward. I ties?’’ We can debate that and we can help us with the water system?’’ ‘‘Can want also to commend her for her very point back, but I am reluctant to do you help us with another highway fine statement on the balanced budget that. A lot of us in this Chamber have project?’’ ‘‘Can you help us with more on Tuesday. to take some of the blame. I think we funds for this good program or that Mr. President, the election of 1994 all do, especially those of us who have good program?″ was more than the usual biennial con- been here more than a couple of years. test for seats in the Congress. It was, in So I am not trying to say the blame We all say, ‘‘Gee, you’re right.’’ We effect, a national referendum. The should go back to President Carter or want to do that. So we come back up American people made a historic President Reagan or President Bush or here and want to give them everything choice between more government and a Democrat Congress, or to the Appro- they want. But in fairness, it should less government. They chose the lat- priations Committee in the House or also be our responsibility to balance ter—less government. Their message to the Senate. That is past. Let us talk the books. We have forgotten that part. us could not have been more clear. about how we can go forward and get It is not as if we have not had enough They want fundamental changes in the control of the insatiable appetite that revenue. We have had ever-increasing way the Congress conducts business. we have developed over the last 40 revenue every year. But in search of And the most important change they years to spend and spend and spend. It want is in the way we spend their is really that simple. even more revenues, Congress raised money. We cannot fix the deficit this year or taxes in 1982, in 1984, in 1987, in 1989, in Every Member of Congress knows in 2 years or in 3 years. But we have to 1990, and most recently in 1993 with a that the public wants a balanced budg- begin sometime, someplace. Now is the whopping $241 billion hike. Through it et amendment to the Constitution. time, and this is the place. We can get all, spending outran those revenue in- Poll after poll shows that. The only the budget on a glidepath toward bal- creases. question is whether we will give them ance over a period of years. I voted for some of those tax in- what they want. The number of years it takes is not creases because I thought, if the people I think we will. I am convinced that as important as the fact that we get want all these expenditures, then we no matter how ferocious the opposi- started. have to pay for them. So I voted for the tion, the time has finally come when Thomas Jefferson summed up the tax increases in 1982 and 1984 and, I re- the Congress will submit a balanced matter two centuries ago. This is not call, reluctantly in 1987. But then I budget amendment to the States. one of his more familiar quotes, but I I do not say that as boast or bravado think it is important that Thomas Jef- said, ‘‘Wait a minute, I’m not doing because the drive for a balanced budget ferson, in retrospect, thought it was a this anymore. Every time I vote that amendment is not something for which mistake not to include a balanced way, it doesn’t help reduce the deficit. we can take credit. I do not think any budget requirement in the Constitu- We just spend even more.’’ So I did not of us in Washington can. tion. This is what he wrote: vote for a tax increase in 1990 when If there has ever been a grassroots The question of whether one generation George Bush was President, and I did crusade, this is it. If ever the American has the right to bind another by the deficit not vote for it in 1993 when Bill Clinton

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1994 CONGRESSIONAL RECORD — SENATE February 2, 1995 was President. I decided that more rev- will do more than restore fiscal sanity present. We cannot say with great de- enue would not help to control spend- to the Congress. It will go a long way tail what money will be required for ing or reduce the deficit. We would just toward restoring the trust of the Amer- defense or welfare or disaster relief in spend it. ican people in their institutions of the future. We just have to get started. Time and again Congress promised to Government. That task is probably But there has to be a hammer, and this reform, lamely requiring a balanced even more urgent than balancing the constitutional amendment for a bal- budget at sometime in the future. We budget, although I think that is an im- anced budget is the hammer. had Gramm-Rudman. I voted for that. I portant part of regaining that trust. That is all the more reason to keep thought it would work. What did we I realize that amending the Constitu- the language of this amendment clean. do? We started off saying, ‘‘Look, we tion is not a casual exercise. I strug- It is not a mere law, which we could can’t have it apply to this program or gled with that. It is a last resort, some- come back to in a month and amend. If that program,’’ and after a while, 21 times a desperate resort, when all else ratified, it will be a part of the most programs were exempt. I was in the has failed. That is the case with the remarkable political document in his- gang of 17 in the eighties when we tried amendment before us. tory: the Constitution of the United to get control of spending. We had the Many of us in Congress, both in the States. Fort Belvoir exercise in budget control. House and Senate, have worked over That didn’t work either. the years to stop, or at least slow down That political treasure should not be So time and time again we in Con- the spiral of debt. We do not have much made to read like a section of the Code gress have tried to do it ourselves, to to show for our work. In the same way, of Federal Regulations, citing chapter find a procedure to make it happen. It the American people have tried by pro- and verse of various programs. At- did not work. Those votes we had did test and petition, by their voices and tempts along those lines are rightly not do any good. The debt continued to their votes, to discipline the appetite suspect when they come from those increase to the point that interest pay- of the Federal establishment, to re- who, for years or for decades, played ments alone are costing us $230 billion strain its growth and limit its intru- key roles in running up the staggering in the current fiscal year. sion into their lives. deficits we now face. It would be nice to think, Mr. Presi- Those ways have not worked. So now The Federal deficit is like a fire con- dent, that everyone on Capitol Hill has we have no recourse. If the Congress suming our national prosperity. And learned their lesson and that things would be fiscally restrained no other now the barnburners want to tell ev- will be different from here on. That is way, by either honor or common sense, erybody else how to put out the flames what Lucy tells Charlie Brown every then let it forever be bound by a con- and where to aim the hoses. time she pulls away the football and he stitutional amendment. Their advice has a hollow ring. It lands flat on his back. Sooner or later, If we want the people to trust us, we even Charlie Brown may run out of seems designed to insulate the Federal have to trust the people. We have to spending machine, not any particular trust. The American people certainly trust their judgment about this amend- have, and they said so last November. program. No one should be surprised at ment. Remember, they will make the that. The special interests that have, We fooled them too many times. That final decisions as to whether it be- was the real meaning of the 1994 elec- for so long, dominated the Govern- comes a part of the Constitution. Our ment’s budget do not want to leave tions. vote here will only give the States the In simplest of terms, the public took their places at the public trough. So opportunity to vote. The State legisla- back the football. Now they are de- they are fighting this amendment with tures, on behalf of the people, decide manding a permanent structural every diversion, every red herring they whether the language we have before change in official Washington. They can devise. will not be content with superficial ad- us actually goes into the Constitution. Sometimes they surprise us. If we get Those liberal lobbies had their justments. Who can blame them? The carried away, the States do not ratify chance to appeal to the American peo- Congress has not balanced the budget the amendments we send them. Recall ple last fall, but the voters resound- in a quarter of a century—since 1969. that after the equal rights amendment ingly rejected their case. That is why And without the discipline of the bal- we are now considering this amend- anced budget amendment, I do not see passed the Congress, and even after Congress gave it a legally dubious ex- ment: Because the Federal gravy train any prospect of our doing it any time stops here. soon. tension of time to seek ratification, it In recent years, poll after poll did not get the approval of three-quar- I realize that, to some of my col- showed the public’s poor regard for the ters of the States. leagues, the balanced budget amend- Congress. And yet, just recently our The last constitutional amendment ment must seem like a repudiation of positive polling numbers doubled, from Congress approved, giving the District their entire career, negating their life- the 20’s to the 40’s. What has happened of Columbia the same voting represen- time in public office. So be it. We are in the last 2 or 3 months that caused tation in Congress as the States, failed guaranteed a favorable place in history the approval rating of the Congress to miserably. Only a handful of States only when we write it ourselves. This go up? ratified it. time around, others are doing the I found out this past weekend when I So if we do not deal with this amend- drafting. went home. I went to Hernando, MS, to ment in the right way, the States will Some may find comfort in the past, Grenada, Carroll County, and Cleve- simply not approve it. They will not when it was political summertime, and land. You know why people are pleased rubberstamp the balanced budget the spending was easy. But those days with us now? Because they think we amendment or any other constitu- are over. The American people are are beginning to do some of the things tional amendment we send them. looking to the future, and they are de- There are those who are going to say, they want us to do. termined to shape it their way, this ‘‘Show me how you are going to bal- Now, they are still dubious. They time around. want to see action, not just words. But ance the budget. You say you are for a The balanced budget amendment is they like better what they see us talk- balanced budget amendment. Show me one instrument for doing that. It ing about. They like the fact that we your cards.’’ I think we could turn that should not be delayed, or stalled, or are doing more things in a bipartisan around and say, ‘‘Show me how you are stonewalled. But if it is, we can take way, and that maybe we can work with going to do it if we do not pass a bal- the time, days or weeks, with the Na- the President. That’s progress. anced budget amendment.’’ We have In recent years this institution, in been going through that exercise for tion watching and listening. my opinion, has been viewed as the years. We cannot bind future Con- After all, it took us decades to get pickpocket at the parade. When we do gresses. Budget projections are so unre- this far. And with all due respect to my business, the cheering stops. We have liable, we can barely depend on them colleagues who oppose the balanced to change that image. for a year or two, much less through budget amendment, I say, in the words This balanced budget amendment is the decade ahead. So much always de- of the old song, ‘‘we ain’t gonna let no- our best means to set things aright. It pends on things we cannot know at the body turn us round.’’

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1995 I feel sure I will be back in the Cham- school buildings may be unsafe or even ducted in over 80,000 schools in about 15,000 ber before we finish on this amendment harmful to children’s health. Recently, for districts. America’s public schools serve over to speak again. But we have a great op- example, a federal judge would not allow the 42 million students. About 70 percent of schools in our nation’s capital to open on portunity here. The amendment is the schools serve 27 million elementary students; time until thousands of life-threatening fire 24 percent serve 13.8 million secondary stu- responsible thing to do. There may be code violations were corrected. Similarly, dents; and 6 percent serve 1.2 million stu- efforts to distract us, and there are of noncompliance with asbestos requirements dents in combined elementary and secondary course legitimate concerns as well, but kept over 1000 New York City schools closed and other schools. let us keep our eyes on the ball. If you for the first 11 days of the 1993 school year. Although such situations may be well-pub- America’s traditional one-room school are for the balanced budget amend- houses have been replaced by larger facilities ment, you should vote for the balanced licized, little information exists docu- menting the extent to which the nation’s that may have more than one building. Com- budget amendment, rather than finding schools may lack the appropriate facilities prising classroom, administrative, and other excuses to oppose. There will not be to educate their students. areas like gymnasiums and auditoriums, a any place to hide this time. The Amer- Widely quoted studies 1 conducted in recent school may have an original building, any ican people will know who is for it and years report that school facilities are in poor number of permanent additions to that who is against it when we take the condition. While these studies documented building, and a variety of temporary build- vote in a few days. some problems and provided much anecdotal ings—each constructed at different times. information, they had different methodo- Mr. President, in view of the fact Buildings that have been well maintained logical problems limiting their usefulness. and renovated at periodic intervals have a there are others on the floor waiting to Further, the Department of Education has useful life equivalent to a new building. speak, I yield the floor at this time. not assessed the condition of the nation’s The PRESIDING OFFICER. The Sen- school facilities since 1965. Accordingly, you A number of state courts as well as the ator from Louisiana. requested that we conduct a study that could Congress have recognized that a high-quality learning environment is essential to edu- Mr. JOHNSTON. I thank the Chair. be used as a basis for determining the condition of the nation’s school facilities. cating the nation’s children. Crucial to es- (The remarks of Mr. JOHNSTON per- In response to your request and subsequent tablishing that learning environment is that taining to the introduction of S. 333 are discussions with your office, this report pre- children attend school in decent facilities. located in today’s RECORD under sents national information on (1) the amount ‘‘Decent facilities’’ was specifically defined ‘‘Statements on Introduced Bills and of funding that the nation’s public elemen- by one court as those that are ‘‘* * * struc- Joint Resolutions.’’) tary and secondary schools report needing to turally safe, contain fire safety measures, The PRESIDING OFFICER (Mr. improve inadequate facilities and (2) the sufficient exits, an adequate and safe water overall physical condition and prevalence of KYL). The Senator from Illinois is rec- supply, an adequate sewage disposal system, schools that need major repairs. Another re- ognized. sufficient and sanitary toilet facilities and port is forthcoming shortly that will report plumbing fixtures, adequate storage, ade- Ms. MOSELEY-BRAUN. I thank the the location of and other demographic anal- quate light, be in good repair and attrac- Chair. I thank the Senator from Mis- yses for schools that need major repairs. tively painted as well as contain acoustics sissippi for his graciousness. I guess be- These reports are the first in a series re- for noise control. . . .’’ 7 More recently, the cause we are on the same side on this sponding to your request.2 Congress passed the Education Infrastruc- particular issue it makes it a little RESULTS IN BRIEF ture Act of 1984,8 in which it stated that ‘‘im- easier, and it is a delight to have a Based on estimates by school officials in a proving the quality of public elementary and chance to work in a bipartisan fashion national sample of schools, we project that secondary schools will help our Nation meet 3 9 on behalf of the balanced budget the nation’s schools need about $112 billion the National Education Goals.’’ Despite to repair or upgrade America’s multibillion 4 these efforts, studies and media reports on amendment. dollar investment in facilities to good over- school facilities since 1965 indicate that f all condition.5 Of this, $11 billion (10 percent) many public elementary and secondary THE CONDITION OF AMERICA’S is needed over the next 3 years to comply schools are in substandard condition and with federal mandates that require schools need major repairs due to leaking roofs, SCHOOLS to make all programs accessible to all stu- plumbing problems, inadequate heating sys- Ms. MOSELEY-BRAUN. Mr. Presi- dents and to remove or correct hazardous tems, or other system failures. substances such as asbestos, lead in water or dent, I rise today to present the results Although localities generally finance con- of a very important study that has paint, materials in underground storage tanks (UST), radon, or meet other require- struction and repair, with states playing a 10 been conducted by the General Ac- ments. variety of roles, federal programs have counting Office on the condition of About two-thirds of America’s schools re- monies to help localities offset the impact of America’s schools and to highlight the ported that all buildings were in at least federal activities, such as Impact Aid,11 im- merits of the Education Infrastructure overall adequate condition, at most needing proving accessibility for the disabled, and Act. only some preventive maintenance or correc- managing hazardous materials. However, these programs do not totally offset all Mr. President, this report by the tive repair. However, about 14 million students attend the remaining one-third of costs. For example, prior GAO work found GAO, entitled ‘‘School Facilities—Con- schools that reported needing extensive re- that federal assistance provided for asbestos dition of America’s Schools,’’ was pair or replacement of one or more build- management under the Asbestos School Haz- issued yesterday, and I ask unanimous ings.6 These schools are distributed nation- ard Abatement Act of 1984 did not meet the consent that the entire report by the wide. Also, problems with major building needs of all affected schools. From 1988 GAO be printed in the RECORD. features, such as plumbing, are widespread through 1991, the Environmental Protection There being no objection, the report even among those schools reported in at Agency (EPA) received 1,746 qualified appli- was ordered to be printed in the least adequate condition. Almost 60 percent cations totaling $599 million but only award- of America’s schools reported at least one ed $157 million to 586 school districts it con- RECORD, as follows: major building feature in disrepair, needing sidered to have the worst asbestos problems. [From the U.S. General Accounting Office] to be extensively repaired, overhauled, or re- EPA was aware of the shortfall in federal as- SCHOOL FACILITIES—CONDITION OF AMERICA’S placed. Most of these schools had multiple sistance but believed that state and local SCHOOLS problems. In addition, about half reported at governments should bear these costs.12 February 1, 1995. least one unsatisfactory environmental con- Because of the perception that federal pro- Hon. Carol Moseley-Braun, dition in their schools, such as poor ventila- grams—as well as current state and local fi- Hon. Edward M. Kennedy, tion, heating or lighting problems, or poor nancing mechanisms—did not begin to ad- Hon. Claiborne Pell, physical security. Most of these schools also dress the serious facilities needs of many of Hon. Paul Simon, had multiple unsatisfactory environmental America’s schools, the Congress passed the Hon. Paul Wellstone, conditions. Some district officials we spoke Education Infrastructure Act of 1994. The U.S. Senate. to told us that a major factor in the declin- Congress then appropriated $100 million for ing physical condition of the nation’s schools The nation has invested hundreds of bil- grants to schools for repair, renovation, al- has been decisions by school districts to teration, or construction. lions of dollars in school infrastructure to defer vital maintenance and repair expendi- create an environment where children can be tures from year to year due to lack of funds. SCOPE AND METHODOLOGY properly educated and prepared for the fu- BACKGROUND ture. Almost exclusively a state and local re- To determine the amount of funding need- sponsibility, this infrastructure requires Elementary and secondary education, the ed to improve inadequate facilities and the maintenance and capital investment. How- nation’s largest public enterprise, is con- overall physical condition and prevalence of ever, public concern is growing that while schools that need major repairs, we surveyed laws require children to attend school, some 1 Footnotes at end of article. a national sample of schools and augmented

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1996 CONGRESSIONAL RECORD — SENATE February 2, 1995 the survey with visits to selected school dis- schools to make programs accessible to all TABLE 2.—MILLIONS OF STUDENTS ATTEND SCHOOLS tricts. We used various experts to advise us students while about $5 billion (45 percent) is WITH LESS-THAN-ADEQUATE PHYSICAL CONDITIONS— on the design and analysis of this project. needed to correct or remove hazardous sub- Continued (See app. III for a list of advisers.) stances such as asbestos, lead in water or We sent the survey to a nationally rep- paint, materials contained in USTs, radon, Number Estimate of resentative stratified random sample of or meet other requirements. Building feature of schools students af- about 10,000 schools in over 5,000 school dis- This $11 billion is in addition to the $3.8 fected tricts. The sample was designed for the De- billion reported spent by three-quarters of Exterior walls, finishes, windows, doors ...... 20,500 11,524,000 partment of Education’s 1994 Schools and all schools in the last 3 years to comply with Interior finishes, trims ...... 18,600 10,408,000 Staffing Survey (SASS), which is sponsored Federal mandates. Of the money schools re- Plumbing ...... 23,100 12,254,000 Heating, ventilation, air conditioning ...... 28,100 15,456,000 by the National Center for Educational Sta- ported that they spent to comply with Fed- Electrical power ...... 20,500 11,033,000 tistics. eral mandates, $2.3 billion (60 percent) went Electrical lighting ...... 19,500 10,837,000 We asked about (1) the physical condition to correct or remove hazardous substances— Life safety codes ...... 14,500 7,630,000 of buildings and major building features, primarily asbestos—while $1.5 billion (40 per- Note. See appendix IV for survey question. such as roofs; framing, floors, and founda- cent) to make all programs accessible to all Ranges for building or building feature condition were excellent, good, tions; exterior walls and interior finishes; students. adequate, fair, poor, or replace. A building or building feature was considered in less-than-adequate condition if fair, poor, or replace was indicated. plumbing; heating, ventilation, and air con- [Figure 2 not reproduced in the RECORD.] District officials we spoke with reported ditioning (HVAC); and electric power; (2) the TABLE 3.—MILLIONS OF STUDENTS ATTEND SCHOOLS status of environmental conditions, such as that they must also comply with many State lighting, heating, and ventilation; (3) the and local mandates. For example, one urban WITH UNSATISFACTORY ENVIRONMENTAL CONDITIONS district reported how Federal, State, and amount districts and schools had spent in Number of the last 3 years or plan to spend in the next local regulations govern many of the same Number Environmental condition of schools students af- 3 years due to federal mandates that require areas such as hazardous materials manage- fected managing or correcting hazardous materials ment and some aspects of indoor air quality. Lighting ...... 12,200 6,682,000 problems and providing access to all pro- In addition, officials cited numerous State Heating ...... 15,000 7,888,000 grams for all students; and (4) an estimate of health and sanitation codes, State safety in- Ventilation ...... 21,100 11,559,000 the total cost of needed repairs, renovations, spections for building features, as well as Indoor air quality ...... 15,000 8,353,000 Acoustics for noise control ...... 21,900 11,044,000 and modernizations to put all buildings in city zoning ordinances, local building codes, Physical security ...... 18,900 10,638,000 good overall condition. (See app. IV for a and historic preservation regulations. By copy of the questionnaire.) 1992, the enormity of the requirements as Note. See appendix IV for survey question. We directed the survey to those officials well as decades of capital needs underfunding Physical Condition who are most knowledgeable about facili- have resulted in only the 2 newest of their ties—such as facilities directors and other 123 schools complying with all current codes. Specifically, about one-third of both ele- central office administrators of the districts The district further described how these mentary and secondary schools reported at that housed our sampled school buildings. regulations and the accompanying cost could least one entire building—original, addition, Our analyses are based on responses from 78 apply to the installation of air conditioning. or temporary—in need of extensive repairs or percent of the schools sampled. Analyses of For example, air conditioning could be in- replacement. About 60 percent (including non-respondent characteristics showed them stalled in a building for $500,000. However, some schools in adequate condition) reported to be similar to respondents. Findings from this may also require an additional $100,000 that at least one building feature needed ex- the survey have been statistically adjusted in fire alarm/smoke detection and emergency tensive repair, overhauling, or replacement; (weighted) to produce nationally representa- lighting systems as well as $250,000 in archi- and three-quarters of those schools needed tive estimates. All of the data are self-re- tectural modifications for code compliance. multiple features repaired. Features most ported, and we did not independently verify Additionally, the location of outside chillers frequently reported in need of such repairs their accuracy. See the forthcoming report may be regulated by zoning and historic were HVAC; plumbling; roofs; exterior walls, on location and demographic analyses of preservation ordinances. finishes, windows, and doors; electrical schools in need of major repair for a detailed In our visits to selected districts, officials power; electrical lighting; and interior fin- description of our data collection methods from major urban areas reported needing bil- ishes and trims. (See fig. 4 and pictures in and analysis techniques, confidence intervals lions to put their schools into good overall app. II.) Further, while 41 percent of all and the like. condition. (See table 1.) schools reported unsatisfactory energy effi- In addition, we visited 41 schools in 10 se- ciency, 73 percent of those schools with exte- lected school districts varying in location, TABLE 1.—MAJOR URBAN SCHOOL DISTRICTS REPORT rior walls, windows, and doors and 64 percent size, and minority composition. During these NEEDING BILLIONS TO BRING SCHOOLS INTO GOOD of those with roofs in need of major repair visits, we observed facility conditions and OVERALL CONDITION reported unsatisfactory energy efficiency. These unrepaired features not only reduce interviewed district and local school officials [Dollars in billions] to obtain information on facilities assess- energy efficiency but may also have an adverse environmental effect on students. ment, maintenance programs, resources, and Urban school district Amount barriers encountered in reaching facility needed As one Chicago elementary school prin- goals. (See app. I for profiles on the districts New York City ...... $7.8 cipal told us, ‘‘Heat escapes through holes in visited.) Chicago ...... 2.9 the roof; the windows leak (the ones that are We conducted this study from April 1994 to Washington, DC ...... 0.5 not boarded up) and let in cold air in the December 1994 in accordance with generally New Orleans ...... 0.5 winter so that children must wear coats to accepted government auditing standards. class.’’ Two-Thirds of Schools Adequate but Millions of PRINCIPAL FINDINGS Students Must Attend Other One-Third In New Orleans, the damage from For- mosan termites has deteriorated the struc- Schools Report Needing Billions to Improve School officials reported that two-thirds of ture of many schools. In one elementary Facilities the Nation’s schools are in adequate (or bet- school, they even ate the books on the li- On the basis of our survey results, we esti- ter) condition, at most needing only some brary shelves as well as the shelves them- mate that the nation’s schools need $112 bil- preventive maintenance or corrective repair. selves. (See app. II.) This, in combination lion to complete all repairs, renovations, and However, about 14 million students must at- with a leaking roof and rusted window wall, modernizations required to restore facilities tend the remaining one-third (25,000 schools), caused so much damage that a large portion to good overall condition and to comply with in which at least one building is in need of of the 30-year-old school has been con- federal mandates. (See fig. 1.) This amount extensive repair or replacement. Even more demned. The whole school is projected to be includes $65 billion—about $2.8 million per students, 28 million, attend schools nation- closed in 1 year. school—needed by one-third of schools for wide that need one or more building feature which one or more entire building needs extensively repaired, overhauled, or replaced At a Montgomery County, Alabama, ele- major repairs or replacement. Another 40 or that contain an environmentally unsatis- mentary school, a ceiling weakened by leak- percent of schools (those in adequate or bet- factory condition,14 such as poor ventilation. ing water collapsed 40 minutes after the chil- ter condition) reported needing $36 billion— (See tables 2 and 3.) These schools are dis- dren left for the day. $1.2 million per school—to repair or replace tributed nationwide. Water damage from an old (original) boiler one or more building features,13 such as the steam heating system at a 60-year-old junior plumbing or roof or to make other corrective TABLE 2.—MILLIONS OF STUDENTS ATTEND SCHOOLS high school in Washington, D.C., has caused repairs. WITH LESS-THAN-ADEQUATE PHYSICAL CONDITIONS such wall deterioration that an entire wing [Figure 1 not reproduced in the RECORD.] has been condemned and locked off from use. Almost two-thirds of the schools reported Steam damage is also causing lead-based Number Estimate of needing $11 billion—an average of $.2 million Building feature students af- wall paint to peel. of schools fected per school—to comply with Federal man- Raw sewage backs up on the front lawn of dates over the next 3 years. Of this amount, Roofs ...... 21,100 11,916,000 a Montgomery County, Alabama, junior high about $6 billion (55 percent) is needed by Framing, floors, foundations ...... 13,900 7,247,000 due to defective plumbing.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1997 A New York City high school built around over the last 10 years. Some schools must school would not turn on her lights during the turn of the century has served as a sta- have five staggered lunch periods to accom- rainstorms for fear of electrical shock; in an- ble, fire house, factory, and office building. modate all students. As a result of over- other classroom the public address system The school is overcrowded with 580 students, crowding, in one elementary school, students had been rendered unusable. Buckets had to far exceeding the building’s 400 student ca- are housed in temporary buildings installed be placed on the top floor of the school to pacity. The building has little ventilation in 1948 that are unattractive, termite ridden, catch the rain. (no vents or blowers), despite many inside dark, and underequipped with electrical out- Some district officials we spoke with re- classrooms, and the windows cannot be lets. The temporary buildings get very hot as ported that they had difficulty raising opened, which makes the school unbearably well as very cold at times because of poor in- money for needed repairs and renovation due hot in the summer. In the winter, heating sulation. to an anti-tax sentiment among voters re- depends on a fireman’s stoking the coal fur- A Raymond, Washington, high school—a sulting in the failure of bond issues as well nace by hand. three-story structure with walls of as passage of property tax limitations. About In Ramona, California, where overcrowding unreinforced concrete with roof and floor not one in three districts reported that they is considered a problem, one elementary adequately secured to the walls that may have had an average of two bond issues fail school is comprised entirely of portable not withstand earthquakes—contains steam in the past 10 years. Further, school officials buildings. It had neither a cafeteria nor audi- pipes that are not only extremely noisy but told us that often bond proceeds are far less torium and used a single relocatable room as provide too little or too much heat from than needed for repairs. For example, in Po- a library, computer lab, music room, and art room to room. mona, California, a $62.5 million bond issue room. In Richmond, Virginia, schools in the dis- was submitted to the voters after a survey Last year, during a windstorm in Ray- trict close early in September and May be- indicated that the $200 million needed for re- mond, Washington, the original windows of cause the heat combined with poor ventila- pairs would be rejected. At the time of our an elementary school built in 1925 were tion and no air conditioning creates health survey, 6 percent of districts had a bond blown out, leaving shards of glass stuck in problems for students and teachers, espe- issue before the electorate. However, as one the floor. The children happened to be at the cially those with asthma. survey respondent commented, ‘‘the current other end of the room. This wooden school is A Chicago elementary school, built in 1893 public attitudes about the economy and edu- considered a fire hazard, and although hall- and not painted for many years, had walls cation are generally so negative that passing ways and staircases can act as chimneys for and ceilings with chipping and peeling lead- a bond referendum is a fantasy.’’ Other smoke and fire, there is only one external based paint, contains asbestos and has sev- states have reduced school funding by pass- exit on the second floor. eral boarded-up windows. Some rooms have ing property tax limitations. One survey re- In rural Grandview, Washington, over- inadequate lighting due to antiquated light- spondent reported, ‘‘The state’s contribution crowded facilities are a problem. At one mid- ing fixtures that are no longer manufac- to local schools has dropped by 40 percent dle school, the original building was meant tured, so bulbs could not be replaced when over the last few years***.’’ According to to house 450 students. Two additions and burned out. One section of the school has another survey respondent, ‘‘This is a 1913 three portables have been added to accom- been condemned due to structural problems. building which many of the taxpaying citi- modate 700 students. The school has seven However, the auditorium and gym in this zens feel was good enough for them***it staggered lunch periods. The portables have area are still used. The school was scheduled is looked at as a monument in the commu- no lockers nor bathrooms and are cold in the for closure in 1972 but remained open due to nity. Unless some form of outside funding is winter and hot in the spring/summer. community opposition to the closure with arranged, the citizens may never volunteer In a high school in Chicago, the classroom promises of renovation by the district. to replace this building since it will require floors are in terrible condition. Not only are Insufficient Funds Contribute to Declining raising their taxes.’’ Further, districts reported a lack of con- floors buckling, so much title is loose that Physical Conditions students cannot walk in all parts of the trol over some spending priorities as they District officials we spoke to attributed school. The stairs are in poor condition and must fund a large portion of federal man- the declining physical condition of Amer- have been cited for safety violations. An out- dates for managing or correcting hazardous ica’s schools primarily to insufficient funds, side door has been chained for 3 years to pre- materials as well as making all programs ac- resulting in decisions to defer maintenance vent students from falling on broken outside cessible to all students. A recurring theme in and repair 15 expenditures from year to year. comments from survey respondents was that steps. Peeling paint has been cited as a fire This has a domino effect. Deferred mainte- hazard. Heating problems result in some ‘‘Unfunded federal and state mandates are nance speeds up the deterioration of build- one of the prime causes of lack of funds for rooms having no heat while other rooms are ings, and costs escalate accordingly, further too warm. Leaks in the science lab caused by replacing worn-out heating and cooling eroding the nation’s multibillion dollar in- equipment, roofs, etc.***’’ Another survey plumbing problems prevent the classes from vestment in school facilities. For example, doing experiments. Guards patrol the outside respondent stated, ‘‘The ADA requirements in many schools we visited, unrepaired leak- were a major reason we had to replace two doors, and all students and visitors must ing roofs caused wall and floor damage that walk through metal detectors before enter- older schools. These costs, when added to now must also be repaired. New York school other costs for renovations and modifica- ing the school. officials told us that, while a typical roof re- During our school visits, we found wide tions, resulted in overall costs for repairs, pair is $600, a full roof replacement costs disparities between schools in the best or which exceeded the costs for new facilities.’’ $300,000, and painting and plastering 10 rooms even average condition and schools in the On the other hand, Chicago school officials on a top floor that has been damaged by worst condition, and these schools were told us that due to limited funds and the water infiltration costs $67,500 plus $4,500 to sometimes in the same district. cost of installing one elevator being $150,000, replace damaged floor tiles. In other words, very few schools are able to provide program Environmental Conditions for every $1 not invested, the system falls access to all students. About 50 percent of the schools reported at another $620 behind. In addition, unrepaired In looking at the uses of bond proceeds in least one unsatisfactory environmental con- roofs cause energy costs to increase as heat the districts, the average amount of the dition; while 33 percent reported multiple escapes through holes, further depleting almost recently passed bond issue was $7 mil- unsatisfactory conditions. Of those, half re- ready limited funds. Further, due to lack of lion. While about 3 percent was provided for ported four to six unsatisfactory conditions. routine maintenance in the Chicago district, federal mandates, 54 percent was provided for Those conditions most frequently reported many schools have not been painted since school construction and 38 percent for re- to be unsatisfactory were acoustics for noise they were painted 20 years ago with lead- pairing, renovating, and modernizing control, ventilation, and physical security. based paint. schools. The remaining 5 percent was spent (See fig. 5.) Additionally, three-quarters of In an elementary school in New York City, for purchases of computers and tele- schools responding had already spent funds repair problems had not been addressed since communications equipment. during the last 3 years on requirements to the school was built 20 years ago. Problems Districts also said that they must some- remove or correct hazardous substances such that could have been addressed relatively in- times divert funds initially planned for fa- as asbestos (57 percent), lead in water or expensively years ago have now caused cilities maintenance and repair to purchase paint (25 percent), materials in USTs such as major problems such as sewage leaking into additional facilities due to overcrowding. fuel oil (17 percent), radon (18 percent), or the first grade classrooms, a leaking roof This has resulted from both demographic and other requirements (9 percent). Still two- that is structurally unsound, and crumbling mandated changes. For example, additional thirds must spend funds in the next 3 years walls. funds were required for construction and to comply with these same requirements— Similarly, in Chicago, we visited an ele- purchase of portables due to large immigrant asbestos (45 percent), lead (18 percent), UST mentary school whose roof, the principal influxes as well as population shifts in dis- (12 percent), radon (12 percent), or other re- told us, had needed replacement for 20 years. tricts or climbing enrollment due to overall quirements (8 percent). Because it had only been superficially population increases. Further, some man- We saw numerous examples of unsatisfac- patched, rather than replaced, the persistent dated school programs, such as special edu- tory environmental conditions during our water damage had caused floors to buckle cation, require additional space for low school visits: and plaster on the walls and ceilings to pupil-teacher ratios. In the Pomona, California, school district, crumble. It had also flooded parts of the elec- One survey respondent described the com- the student body has increased 37 percent tric wiring system. One teacher in this peting demands on limited funds as follows:

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1998 CONGRESSIONAL RECORD — SENATE February 2, 1995 ‘‘Our school facilities are not energy effi- ture. In addition, if maintenance continues either being hit by debris from a cracking cient or wired for modern technology. Our to be deferred, a large proportion of schools exterior brick wall—in a ‘‘typical’’ Chicago floor tile is worn out and the furniture is in that are in only adequate condition and need school—or falling on collapsing front steps— poor shape. Our taxpayers don’t want to put preventive maintenance or corrective repair in a ‘‘worst’’ school. any more in schools. Our teachers want bet- will soon deteriorate to less-than-adequate Schools in the worst condition need new ter pay. Our students and parents want more condition. exterior building envelopes (roofs, tuck programs and technology. HELP!!!’’ As one survey respondent observed, ‘‘It is pointing, windows, and doors), have asbestos Building Age—By Itself—Is Not Significant very difficult to get local communities to ac- or lead-based paint, suffer ceiling and floor While some studies cite building age as a cept this burden (facilities construction/ren- problems from leaky roofs, and need to re- major factor contributing to deteriorating ovation). Our district, one of the wealthiest place outdated electrical and plumbing sys- conditions, older buildings often have a more in the state, barely passed a bare bones budg- tems. Schools in the best condition tend to sound infrastructure than newer buildings. et to renovate. It must be a national crisis.’’ be newer, need few or no repairs, have a more Buildings built in the early years of this cen- AGENCY COMMENTS flexible space design, contain electrical sys- tury—or before—frequently were built for a We spoke with Department of Education tems capable of housing new technology, life span of 50 to 100 years while more mod- officials at the National Center for Edu- have air conditioning, and offer brightly col- ern buildings, particularly those built after cational Statistics who reviewed a draft of ored walls and low ceilings. However, condi- 1970, were designed to have a life span of only this report and found the report well done tion does not depend on age alone; three 20 to 30 years. A study of English school fa- and generally approved of the approach. In schools we visited typifying best, worst, and cilities found that the schools built during addition, staff from the Office of the Under- typical were all over 60 years old. the 1960s and 1970s were built quickly and secretary provided us with technical com- Officials report that their biggest facility cheaply and have caused continuing mainte- ments that we incorporated into our report. issues are deferred maintenance and over- nance problems.16 As one survey respondent They did not comment, however, on our crowding. They say that a shortage of funds, commented, ‘‘the buildings in this district methodology, reserving judgment for the de- caused by a lack of taxpayer support, hinders are approximately 20 years old, but the exte- tailed technical appendix in our forthcoming the district from either upgrading or main- rior siding was inferior from the beginning report. taining its facilities. About 30 to 40 percent * * * it has deteriorated and ruptured exten- Copies of this report are also being sent to of needed repairs have been deferred from sively.***’’ A principal in Chicago stated appropriate House and Senate committees year to year for decades with priority given about her 1970s building, ‘‘our most pressing and all members, the Secretary of Edu- to repairs that ensure student safety. Addi- problem is that the school is crumbling down cation, and other interested parties. tionally, some federal mandates—particu- around us***.From the beginning, this If you have any questions about this re- larly lead and asbestos removal abatement building has had serious roof problems. port, please contact Eleanor L. Johnson, As- programs—have caused major expenditures Water leaks throughout the building from sistant Director, who may be reached at (202) as most schools built between 1920 and 1979 the roof and from the walls. Pools of water 512–7209. A list of major contributors to this contain asbestos, and all schools were paint- collect in the floors of the classrooms. One report can be found in appendix VII. ed with lead paint before 1980. wall has buckled and is held in place with a Sincerely yours, Overcrowding began in the seventies with a steel stake. The windows leak and let cold LINDA G. MORRA, great increase in the Hispanic population. air in***.’’ According to some school offi- Director, Education and Employment Issues. However, in some instances, individual schools may be overcrowded, while neigh- cials, the misperception about the age factor APPENDIX I boring schools remain underenrolled. One of- has been reinforced because older buildings DISTRICT PROFILES are sometimes not maintained but allowed ficial told us that this is due in part to the We visited 41 schools in 10 selected school problems caused by gang ‘‘turf’’ and the to deteriorate until replaced. districts that varied by location, size, and Three schools we visited in Chicago pre- threat of extreme violence or even death to ethnic composition. During these visits, we sented a good example of the difficulty of individuals who wander into ‘‘enemy’’ terri- observed facility conditions and interviewed using age to define condition. All three were tory. School officials are reluctant to reas- district and local school officials to get in- built between 1926 and 1930 and had the same sign students if the receiving schools are in formation on facilities assessment, mainte- design and basic structure. Today, their con- territory controlled by a different gang than nance programs, resources, and barriers en- dition could not be more different. One that of the overcrowded school the children countered in reaching facilities goals. We school had been allowed to deteriorate (had presently attend. asked officials to show us examples of received no renovation since the 1970s) until Facilities Financing ‘‘best,’’ ‘‘typical,’’ and ‘‘worst’’ schools and it reached a point where local school offi- verified the reliability of these designations Officials estimate that they need $2.9 bil- cials classified it as among those schools in with others. In some small districts, we vis- lion to put schools in good overall condition. the worst physical condition. The second ited all schools. While the primary source of school funding school had received some recent renovation is local property taxes, smaller amounts of because of community complaints about its CHICAGO, ILLINOIS state and federal funds are also used. Al- condition and was classified as a typical Overview though the 1994 school facilities budget is school for the school district. The third $270 million (10 percent of the total edu- school had been well maintained throughout TABLE I.1.—CHICAGO, ILLINOIS cation budget), only about $50 million is used the years, and now school officials classified for maintenance and repair. To obtain funds it as a school in the best physical condition. for building and renovating, the district re- (See pictures contrasting the three schools Enrollment ...... 400,000. lies on bonds, we were told, as politicians in fig. 6.) Number of schools ...... 553. hesitate to ask anti-tax voters for even a [Figure 6 not reproduced in Record.] Racial composition ...... 56 percent black. 30 percent Hispanic. minimal increase in taxes. CONCLUSIONS 14 percent other. GRANDVIEW, WASHINGTON Two-thirds of America’s schools report Students on free or reduced lunch ... 67 percent. Type ...... Urban. Overview that they are in adequate (or better) overall Minimum estimated to make all re- 2.9 billion. condition. Still, many of these schools need pairs 17. TABLE I.2.—GRANDVIEW, WASHINGTON to repair or replace one or more building feature, manage or correct hazardous materials, Chicago is a large urban district whose Enrollment ...... 2,800. or make all programs accessible to all stu- school officials rated their school facilities, Number of schools ...... 5. dents. Other schools have more serious prob- overall, as in fair to poor condition. Wide- Racial composition ...... 67 percent Hispanic. spread disparities exist, however, between 32 percent white. lems. About 14 million students are required 1 percent other. to attend the remaining one-third of schools schools in the best and worst condition. Students on free or reduced lunch ... 65 percent. that have one or more entire buildings in About 15 percent of the schools were built Type ...... Small town, rural. less-than-adequate condition, needing exten- before 1900, and over half are more than 50 Minimum estimated to make all re- $24.5 million. sive repair or replacement. These schools are years old. Slightly more than 25 percent pairs. distributed nationwide. were built during the fifties and sixties to Our survey results indicate that to com- handle the baby boom, and 20 percent were This small agricultural town in rural plete all repairs, renovations, or moderniza- built during the last 25 years. However, a Washington has five schools. While the high tions needed to put school buildings into number of the newer structures are tem- school, built in 1978, is in excellent condi- good overall condition and comply with fed- porary buildings or ‘‘demountables’’ (large tion, the other four schools, built between eral mandates would require a projected in- sections of prefabricated frames put together 1936 and 1957, need to be totally renovated or vestment of $112 billion. Continuing to delay on a cement slab). These buildings now show replaced over the next 10–20 years. In addi- maintenance and repairs will defer some of major structural damage, and the seams of tion, a student population increasing annu- these costs but will also lead to the need for the buildings are splitting apart. Permanent ally at about 4 percent since 1986 has re- greater expenditures as conditions deterio- buildings also have structural damage. For sulted in overcrowding. Although Grand- rate, further eroding the nation’s multibil- example, we visited two schools that had view’s middle school was built to house 475 lion dollar investment in school infrastruc- chained exit doors to prevent students from students, current enrollment stands at about

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S1999 700. One elementary school designed for 375 children from the west side of town would and ceilings that have caved in, its school students now has 464. Another crowded ele- not have to travel so far for better school ac- enrollment is dramatically increasing. After mentary school converted the gymnasium commodations. losing more than 10 percent of its population into two classrooms. The district currently NEW ORLEANS, LOUISIANA in the sixties, a vast migration of non- has 14 portable classrooms in use and antici- Overview English speaking residents in the last 3 years pates needing 4 more in the next 3 years. has resulted in overcrowding in 50 percent of Facilities Financing TABLE I.4.—NEW ORLEANS, LOUISIANA New York’s schools. One school is operating at over 250 percent of capacity. Because Grandview schools have an annual budget Enrollment ...... 85,000. classrooms are unavailable while under re- of $13.5 million, about 2 percent of which Number of schools ...... 124. pair, in some cases improvements are post- goes for maintenance. They receive funding Racial composition ...... 90 percent black. poned. from local tax levies and from the state and 10 percent other. Facilities Financing general apportionment of about $4,000 per Students on free or reduced lunch ...... 85 percent. student. They are also eligible for state Type ...... Urban. The New York City schools’ maintenance, repair, and capital improvement budget is equalization funding contingent on passing Minimum estimated to make all repairs ...... $500 million. approved annually by the city council. While their levy. New construction and renovation the state provides some loan forgiveness, the are funded by bond issues and state funding New Orleans’ public schools are rotting away. Suffering from years of neglect due to city is largely responsible for all of the costs. assistance contingent on passing the bond Each school is allocated a maintenance issue. An $11 million bond issue to build a lack of funds for repair and maintenance, New Orleans students attend schools suf- and repair budget based solely on square new middle school to alleviate crowding footage. As a result, schools—even new failed in February 1994 and again in the fall fering from hundreds of millions of dollars’ worth of uncorrected water and termite dam- schools—frequently cannot repair problems of 1994. as they arise, which often leads to costly re- Funding problems include public resist- age. Fire code violations are so numerous that school officials told us, ‘‘We don’t count pairs in the future. In 1988, the estimated ance to raising taxes and decreased state as- cost of upgrading, modernizing, and expand- sistance due to a reduction in the timber them—we weigh them.’’ Most of the buildings have no air condi- ing the school system by the year 2000 was sales on the public lands that support school tioning, though the average morning relative over $17 billion. The total capital backlog at construction funding. humidity in New Orleans is 87 percent. One that time was over $5 billion. The capital MONTGOMERY COUNTY, ALABAMA high school recently had an electrical fire plan for fiscal year 1990 through fiscal year Overview that started in the 80-year-old timbers in the 1994 was funded at $4.3 billion: barely 20 per- roof. No one was hurt but the students were cent of the amount requested. TABLE I.3.—MONTGOMERY COUNTY, ALABAMA sent to other buildings for the rest of the POMONA, CALIFORNIA year. An elementary school, built in 1964, Overview Enrollment ...... 35,000. was condemned and closed in 1994 due to Number of schools ...... 54. TABLE I.6.—POMONA, CALIFORNIA Racial composition ...... 45 percent black. water and termite damage. 55 percent white. Facilities Financing Enrollment ...... 29,000. Students on free or reduced lunch ... 58 percent. New Orleans uses local property taxes and Number of schools ...... 35. Type ...... Urban. federal asbestos loans to upgrade its build- Racial composition ...... 67 percent Hispanic. Minimum estimated to make all re- $150 million. ings. The district has submitted five bond 13 percent black. pairs. issues to the voters in the last 20 years, for 12 percent white. a total of $175 million, but only two of the 8 percent Asian-Pacific. Many of Montgomery County school facili- bond issues have passed. The school facilities Students on free or reduced lunch ... 70 percent. ties are old but are generally in fair condi- Type ...... Suburban. annual budget in 1994 is $6 million or 2 per- tion. However, approximately 10 percent of Minimum estimated to make all re- $200 million. cent of the total education budget. This has the schools need to be replaced. In the last 20 pairs. decreased in the past 10 years from $9 million years, about 8 schools were built. The oldest (4 percent of the education budget). building is a portion of an elementary school Although district officials generally de- built in 1904. NEW YORK, NEW YORK scribe their school facilities overall as ‘‘ade- Schools built during the early 1900’s are Overview quate to fair,’’ some individual schools are not air conditioned and need new roofs. At excellent while others have severe problems. one elementary school we visited, a ceiling TABLE I.5.—NEW YORK, NEW YORK The oldest school was built in 1932. The recently collapsed just 40 minutes after the worst schools were built in the mid-1950s to children left for the day. Some schools have early 1960s and face many repair problems— Enrollment ...... 700,000. poor plumbing, ventilation, lighting, leaking had students in ‘‘temporary’’ buildings for Number of schools ...... 1,229. roofs, and crumbling walls. In contrast, one years. In addition, many repairs and renova- Racial composition ...... 38 percent black. new school that opened last fall is state-of- tions are needed to maintain schools, accom- 36 percent Hispanic. the art. Only three schools have been built in modate overcrowding and comply with fed- 19 percent white. the last 20 years. eral mandates. 7 percent Asian. Students on free or reduced lunch ...... 64 percent. Like many school districts in California, Overcrowding problems have resulted in Pomona’s biggest facilities issue is over- the use of 284 portable buildings to house Type ...... Urban. Minimum estimated to make all repairs .. $7.8 billion. crowding. Because the student body has in- students. In the 1980’s, Montgomery County’s creased 37 percent in the last 10 years, the student population increased, creating the New York has extremely diverse school fa- district relies on what school officials call need for new elementary populations at some cilities—while conditions are generally bad, ‘‘God-awful’’ portables—bungalows that are schools through voluntary student move- some schools are models for 21st century ugly, not air conditioned, termite-ridden, ment, through a minority to majority trans- learning. The ‘‘best’’ school we saw—a $151 dark, and have too few electrical outlets. fer process. This process allowed minority million state-of-the-art science high school— The portables generally provide sufficient students to attend any school in the county was only blocks away from an example of the classroom space but leave schools suffering with a more than 50-percent majority of ‘‘worst’’—another high school in a 100-year- from a severe lack of common-use areas and white students. Primarily, we were told, mi- old building that had served as a stable, fire space for student movement. For example, nority students chose to attend schools on house, factory, and office building. This high some schools have to schedule five lunch pe- the east side of town because the school fa- school’s elevators do not work, its interior riods to handle overcrowded campuses. cilities were better equipped and nicer. To classrooms have no windows, it has little Facilities financing provide adequate instructional space for the ventilation and no air conditioning, and its In 1991 the district passed a $62.5 million influx of children at the east side schools, heating depends on a fireman’s stoking the bond measure—significantly short of the $200 portable rooms were added. coal furnace by hand. million it says it needs to put its schools in Facilities Financing Overcrowding and generally poor condition good overall condition. Officials attribute Lack of money prohibits the district from of the school buildings—many over 100-years- their facilities’ financial problems to state making needed facilities repairs. The oper- old and in need of major renovation and re- cutbacks, the passage of Proposition 13 in ations and maintenance budget has dropped pair—are New York’s main facilities prob- 1979, which greatly reduced local tax reve- 10 percent in the past 3 to 4 years. The cur- lems. Since the fiscal crisis in the 1970s, nues, and unfunded federal mandates that rent facilities budget is $1 million of a $6 maintenance and repair of the city’s school drain the district’s budget. As a result, the million total education budget. The district buildings have been largely neglected. Twen- district must function without enough facili- has no capital improvement budget. On June ty years of neglect compound problems that ties staff and continue to defer maintenance 28, 1994, voters defeated a local tax ref- could have been corrected much more cheap- and repair while using temporary ‘‘band-aid’’ erendum for bond money the county had ly had they been corrected earlier. As the measures. However, the passage of Pomona’s planned to use to remove all portable build- city seeks the funds for repairing leaking 1991 bond measure and two 1992 state bond ings, make all needed repairs and renova- roofs, plumbing problems that cause sewage measures increased the district’s capital im- tions and build new schools located so that to seep into elementary school classrooms, provement budget to $14 million or about 16

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2000 CONGRESSIONAL RECORD — SENATE February 2, 1995 percent of the district’s $85 million edu- area. In addition, the buiding’s systems are ementary—have been built in the last 20 cation budget. Pomona’s maintenance and old and inadequate. Steam pipes are noisy years. According to the district’s facilities repair budget is usually about 2 percent of and provide too little or too much heat from manager, the average age of Washington’s the education budget. room to room. One 1924 elementary school is schools is 50 years. While structurally sound, RAMONA, CALIFORNIA built of wood—a potential fire hazard—and these older buildings house old—sometimes Overview will be closed in 2 years. A third school was original—systems, such as the heating and built during the 1050s and will received a air conditioning or electrical systems, which TABLE I.7.—RAMONA, CALIFORNIA major remodeling and new addition next have major repair problems. year. Washington schools have many urgent re- Enrollment ...... 6,500. Facilities financing pair needs, according to the district facili- Number of schools ...... 9. Raymond recently passed its first bond ties manager. Old boiler systems have steam Racial composition ...... 78 percent white. leakages causing such infrastructure erosion 18 percent Hispanic. issue since the 1950s to fund the remodeling 4 percent other. of and addition for an elementary school. A that whole school wings have been con- Students on free or reduced lunch ...... 35 percent. bond issue proposed in 1990 to build a new fa- demned and cordoned off; leaky roofs are Type ...... Small town, rural. cility for grades kindergarten to 12 failed. causing ceilings to crumble on teachers’ and Minimum estimated to make all repairs ...... $4 million. The public does not want to spend money on students’ desks; fire doors are warped and school maintenance and construction, and stick. In addition, the district was under Ramona is a small but growing rural com- the tax base is too low to raise adequate court order to fix the most serious of an esti- munity in central San Diego County. Four of funding. According to the school super- mated $90 million worth of fire code viola- its nine schools are more than 25 years old; intendent, the Columbia Tower (a Seattle tions by the start of the 1994–95 school year. its oldest was built over 50 years ago. Al- skyscraper) has a higher assessed value than These violations included locked or blocked though Ramona’s oldest schools tend to be the entire district of Raymond. The dis- exit doors, defective or missing fire doors, well constructed, they suffer from seriously trict’s budget is $4 million, which is made up broken alarms, malfunctioning boilers, and deteriorating wiring and plumbing and inad- of local levies and state funding. Over the unsafe electrical systems. Many of the equate or nonexistent heating, ventilation, next 2 years, they will ask for a levy increase schools also lack air conditioning and are so air conditioning, and communications sys- of $75,000, specifically for needed repairs. poorly insulated that children must wear tems. The school district also suffers from coats to keep warm in winter weather. RICHMOND, VIRGINIA the lack of an adequate, stable funding Facilities financing source that would allow it to modernize and Overview expand its facilities. Consequently, most of From the school district’s total operating Ramona’s schools are underbuilt and must TABLE I.9.—RICHMOND, VIRGINIA and capital budget of about $552 million in rely on portables for overcrowding. One ele- fiscal year 1994, about $100 million (18 per- Enrollment ...... 28,000 cent) was allocated to school maintenance mentary school we visited was comprised of Number of schools ...... 58. only portables, with no cafeteria nor audito- Racial composition ...... 88 percent black. and capital improvement. Of this, approxi- rium. One portable served as a library, com- 12 percent other. mately $25 million (including salaries) goes puter lab, music room, and art room. In con- Students on free or reduced lunch ... 68 percent to the district’s facilities office, with the trast, two new schools were built in the last Type ...... Urban. balance given directly to the schools for 5 years that are bright, have flexible space Minimum estimated to make all re- $100 million. their on-site maintenance and operations. pairs. and are wired for the latest technology. The The building maintenance budget has de- portables are difficult to maintain, and re- clined from about 18 percent to 14 percent of Renovation presents the biggest facility pair costs are higher in the long run than if the total school budget in the past 10 years. issue for the Richmond schools. Their 58 real additions had been built in the first Funds for school maintenance and repair buildings are visually appealing yet old-fash- place. The most common repair needs in Ra- and capital improvements come from the ioned compared with 21st century learning mona’s schools are roofs, signal systems District of Columbia’s general budget, over standards. Many, if not most, of the dis- (alarms, bells, and intercoms), and paving. which the Congress has authority. Until 1985, trict’s renovation needs are due to the build- Facilities financing the District’s capital improvement program ings’ age: The average building was built was financed only through money borrowed Officials attribute its facilities’ funding around the time of World War II. Ninety per- from the U.S. Treasury. After 1985, the Dis- problems to the community’s inability to cent of the buildings lack central air condi- trict was given authority to sell general obli- pass a bond issue—two attempts in the past tioning; many schools close early in Sep- gation bonds in the capital markets. From 8 years have failed—their small rural dis- tember and May/June because the heat and 1985 through 1994, the schools received $314 trict’s competitive disadvantage in applying poor ventilation creates breathing problems million to finance capital improvements: for state funds, and the state’s emphasis on for the children. $232 million through general obligation bond building new schools rather than retro- In the past 20 years, 20 schools have been issuances, $59 million borrowed from the U.S. fitting. closed; only 2 new schools have opened. Treasury, and $23 million from District tax The district’s facilities budget varies each Facilities financing revenue. year but comprises (1) a new building pro- Richmond is a poor city: the average fam- gram that uses matching state funds, (2) a [Appendix II not reproduced in the ily income is $17,700. The facilities director routine maintenance budget that is about 2 RECORD.] says he usually asks for $18 million but only percent of the district’s $30 million edu- APPENDIX III gets $3 million and about 3 percent of the cation budget ($600,000), and (3) a deferred education budget for maintenance. He says PROJECT ADVISERS maintenance budget that is 0.5 percent of the city planners and voters view the buildings education budget ($150,000) and is supposed to The following individuals advised this reas architectural landmarks and think of be matched by the state but rarely is in full. port either by (a) serving on our expert panel them in terms of 1950s standards of learning. on January 31, 1994; (b) helping with the de- RAYMOND, WASHINGTON Also, the money he would have used for ren- velopment of our questionnaire; or (c) re- Overview ovations has been spent on meeting ‘‘federal viewing a draft report. codes.’’ Allen C. Abend,abc Chief, School Facilities TABLE I.8.—RAYMOND, WASHINGTON The district has tried twice to get the Branch, Maryland State Department of Edu- state to match funds for deferred mainte- Enrollment ...... 760. cation. Number of schools ...... 3. nance but was rejected each time. New con- Phillip T. Chen,b Construction Technician, Racial composition ...... 69 percent white. struction gets funded through bond issues. Division of Construction, Department of Fa- 21 percent Asian. WASHINGTON, DC cilities Management, Board of Education of 5 percent Hispanic. Overview Montgomery County (Maryland). 5 percent Native American. ab Students on free or reduced lunch ...... 50 percent. Greg Coleman, Capital Asset Manage- Type ...... Small town, rural. TABLE I.10.—WASHINGTON, DC ment Administrator, Office of Infrastructure Minimum estimated to make all repairs .. $14 million. Support Services, U.S. Department of En- Enrollment ...... 85,000. ergy. Raymond is a western Washington town Number of schools ...... 164. Laurel Cornish,a Director of Facilities, that has not recovered from the timber in- Racial composition ...... 95 percent black. U.S. Department of Education, Impact Aid, ...... 5 percent other. School Facilities Branch. dustry downturn of the early 1980s. The town Students on free or reduced lunch ... 62 percent. and student populations have declined, and Type ...... Urban. (Mr.) Vivian A. D’Souza,b Acting Director, the demographics have changed dramati- Minimum estimated to make all re- $460 million. Division of Maintenance, Department of Fa- cally. All three Raymond schools are old and pairs. cilities Management, Board of Education of two may be unsafe. The high school was Montgomery County (Maryland). built in 1925. It is a three-story structure of With a capacity of 140,000 students, many Kenneth J. Ducote,bc Director, Department unreinforced concrete that may not safely of Washington’s school facilities are old and of Facility Planning, New Orleans Public withstand the possible earthquakes in the underused. Only 22 schools of 164—mainly el- Schools.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2001

Robert Feild,a Director, Committee on Ar- SECTION I.—DISTRICT INFORMATION 19ll. chitecture for Education, American Institute 1. What would probably be the total cost of 7. What was the total amount of this most of Architects. all repairs/renovations/modernizations re- recently passed bond issue? William Fowler,abc Education Statistician, quired to put all of this district’s schools in $lll.00 U.S. Department of Education, National Cen- good overall condition? Give your best esti- 8. How much money did this most recently ter for Education Statistics. mate. If all of this district’s schools are al- passed bond issue provide for the items listed Lawrence Friedman,bc Associate Director, ready in good (or better) overall condition, below? Enter zero if none. Regional Policy Information Center, North enter zero. Items Amount Provided Central Regional Educational Laboratory. Overall condition includes both physical Construction of new schools ...... $lll.00 Thomas E. Glass,b Professor, Department condition and the ability of the schools to Repair/renovation/modernization of Leadership and Educational Policy Stud- meet the functional requirements of instruc- of existing schools ...... $lll.00 ies, Northern Illinois University. tional programs. Good condition means that Asbestos removal ...... $lll.00 Terence C. Golden,a Chairman, Bailey Re- only routine maintenance or minor repair is Removal of Underground Storage alty. required. Tank (USTs) ...... $lll.00 Thomas Grooms,a Program Manger, Fed- $lllll.00 Removal of other environmental eral Design Office, National Endowment for 2. On which of the sources listed below is conditions ...... $lll.00 the Arts. this estimate based? Circle ALL that apply. Purchase of computers ...... $lll.00 Shirley J. Hansen,a President, Hansen As- Does not apply—all schools already Purchase of telecommunications sociates. in good (or better) overall condi- equipment ...... $lll.00 Alton C. Halavin,b Assistant Super- tion ...... 0 Access for students with disabil- intendent for Facilities Services, Fairfax Sources ities ...... $lll.00 Facilities inspection(s)/assessment(s) County Public Schools, Fairfax County, Vir- 9. During the last 10 years, how many bond ginia. performed within the last three years by licensed professionals ...... 1 issues have failed to pass? Bruce Hunter,b Executive Director, Amer- lll bond issues failed to pass ican Association of School Administrators. Repair/renovation/modernization work already being performed and/ 10. Do you currently have a bond issue be- Eddie L. King,b Auditor, Inspector General, fore the electorate? Circle one. Department of Education. or contracted for ...... 2 Capital improvement/facilities mas- Yes...... 1 Andrew Lemer,a President Matrix Group, ter plan or schedule ...... 3 No...... 2 Inc. My best professional judgment ...... 4 b SECTION II.—SCHOOL INFORMATION William H. McAfee III, Facilities Man- Opinions of other district administra- ager, Division of Facilities Management, This section asks about the first school tors ...... 5 shown on the Instruction Sheet enclosed District of Columbia Public Schools. Other (specify: llll) ...... 6 Roger Scott,bc Program Director, South- with this survey. 3. During the last 3 years, how much west Regional Laboratory. 1. Name of school: Please enter the name of money has been spent in this district on the Richard L. Siegel,a (Former) Director of the first school shown on the Instruction federal mandates listed below? Include Facilities Services, Smithsonian Institution. Sheet. money spent in 1993–1994. If exact amounts Lisa J. Walker,a Executive Director, Edu- School’s survey identification number: are not readily available, give your best esti- cation Writers Association. Please enter the survey identification num- mate. Enter zero if none. Circle ‘‘1’’ if spend- Tony J. Wall,b,c Executive Director/CEO, ber of the first school shown on the instruc- ing was not needed. The Council of Educational Facilities Plan- tion sheet. ners International. 2. If any of the following statements are William M. Wilder,b Director, Department true for this school, please circle the number of Facilities Management, Board of Edu- Spending of the appropriate answer. Circle all that cation of Montgomery County (Maryland). Federal mandates not needed Amount spent apply. APPENDIX IV This school teaches only postsec- Accessibility for student with disabil- ondary (beyond grade 12) or adult GAO QUESTIONNAIRE FOR LOCAL EDUCATION ities ...... 1 $lllll.00 Managing/correcting: education students ...... 1 AGENCIES Asbestos ...... 1 $lllll.00 This school is no longer in operation 2 DEAR SURVEY RESPONDENT: The U.S. Gen- Lead in water/paint ...... 1 $lllll.00 Underground storage tanks (USTs) 1 $lllll.00 This school is a private school, not a eral Accounting Office (GAO) has been asked Radon ...... 1 $lllll.00 public school ...... 3 by the United States Congress to obtain in- Other (specify: lllll) ...... 1 $lllll.00 This institution or organization is formation about school facilities, such as not a school ...... 4 physical condition and capacity. While sev- 4. How much money will probably need to 3. Which of the following grades did this eral limited studies have been done recently, be spent in this district during the next 3 school offer around the first of October, 1993: no comprehensive national study of school years on these federal mandates? If exact Circle all that apply. facilities has been done in 30 years. amounts are not readily available, give your Grade 1 ...... 1 The Congress needs this information to best estimate. If spending will not be needed, Grade 2 ...... 2 shape the details of federal policy, such as circle ‘‘1.’’ If unknown, circle ‘‘2.’’ Grade 3 ...... 3 funding for the School Infrastructure Act of Grade 4 ...... 4 Spending 1994. All responses are confidential. We will Federal mandates will not be Amount Probably need- Grade 5 ...... 5 report your data only in statistical sum- needed unknown ed Grade 6 ...... 6 maries so that individuals cannot be identi- Grade 7 ...... 7 Accessibility for students with fied. disabilities ...... 1 2 $lll.00 Grade 8 ...... 8 This questionnaire should be answered by Managing/correcting: Grade 9 ...... 9 district level personnel who are very famil- Asbestos ...... 1 2 $lll.00 Grade 10 ...... 10 Lead in water/paint ...... 1 2 $lll.00 iar with the school facilities in this district. Underground storage tanks Grade 11 ...... 11 You may wish to consult with other district (USTs) ...... 1 2 $lll.00 Grade 12 ...... 12 level personnel or with school level per- Radon ...... 1 2 $lll.00 Pre-kindergarten ...... 13 sonnel, such as principals, in answering some Other (specify: lll .... 1 2 $lll.00 Ungraded (including upgraded special education students) ...... 15 questions. 5. Are these spending needs for federal We are conducting this study with only a mandates included in your answer to ques- Stop! If you marked any of the above state- sample of randomly selected schools, so the tion 1? Circle one for each mandate listed. ments go to the next school information sec- data on your school(s) is very important be- tion. cause it represents many other schools. Does not 4. What was the total number of Full Time Please respond even if the schools selected Federal mandates apply— Yes— No—not Equivalent (FTE) students enrolled in this are new. If you have questions about the sur- not needed/ included included school around the first of October 1993? unknown vey, please call Ms. Ella Cleveland (202) 512– lllll 7066 or Ms. Edna Saltzman (313) 256–8109. Accessibility for students with total FTE students Mail your completed questionnaire in the disabilities ...... 1 2 3 5. Does this school house any of its stu- Managing/correcting: enclosed envelope within 2 weeks to: Ms. Ella Asbestos ...... 1 2 3 dents in instructional facilities located off of Cleveland, U.S. General Accounting Office, Lead in water/paint ...... 1 2 3 its site, such as rented space in another NGB, Suite 650, 441 G St., NW, Washington, Underground storage tanks school, church, etc.? Circle one. (USTs) ...... 1 2 3 DC 20548. Radon ...... 1 2 3 Yes...1 Thank you for your cooperation in this Other (specify: lll ...... 1 2 3 No...2----> go to question 8 very important effort. 6. How many of this school’s Full Time Sincerly yours, 6. In what year was a bond issue most re- Equivalent (FTE) students are housed in off- LINDA G. MORRA, cently passed for this district? Enter the last site instructional facilities? Director, Education and Employment. two digits of the year. lllFTE students housed off-site

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2002 CONGRESSIONAL RECORD — SENATE February 2, 1995 7. How many total square feet of off-site Sources most code and functional requirements; re- instructional facilities does this school Facilities inspection(s)/assess- quires constant attention, renovation, or re- have? If exact measurements are not readily ments(s) performed within the last placement. Major corrective repair or over- available, give your best estimate. three years by licensed profes- haul required. llltotal square feet off-site sionals ...... 1 Replace: Non-operational or significantly 8. How many original buildings, attached Repair/renovation/modernization substandard performance. Replacement re- and/or detached permanent additions to the work already being performed and/ quired. original buildings, and temporary buildings or contracted for ...... 2 does this school have on-site? If this school Capital improvement/facilities mas- does not have any permanent additions or ter plan or schedule ...... 3 My best professional judgment ...... 4 Excel- Ade- Re- any temporary buildings on-site, enter zero Building feature lent Good quate Fair Poor place for these categories. Opinions of other district administra- On-Site Buildings—Number tors ...... 5 Roofs ...... 1 2 3 4 5 6 Original buildings—llll Other (specify: lll) ...... 6 Framing, floors, foundations ...... 1 2 3 4 5 6 Attached and/or detached permanent addi- 13. During the last 3 years, how much Exterior walls finishes, tions to original buildings—llll money has been spent on the federal man- windows, doors...... 1 2 3 4 5 6 Temporary buildings—llll Interior finishes, trims...... 1 2 3 4 5 6 dates listed below for this school’s on-site Plumbing ...... 1 2 3 4 5 6 9. How many total square feet do the origi- buildings? Include money spent in 1993–1994. Heating, ventilation, air nal buildings, the attached and/or detached If exact amounts are not readily available, conditioning ...... 1 2 3 4 5 6 permanent additions, and the temporary Electrical power...... 1 2 3 4 5 6 give your best estimate. Enter zero if none. Electrical lighting...... 1 2 3 4 5 6 buildings have? If exact measurements are Circle ‘‘1’’ if spending was not needed. Life safety codes...... 1 2 3 4 5 6 not readily available, give your best esti- Federal mandates—spending not needed mate. If this school does not have any per- 17. Do this school’s on-site buildings have manent additions or any temporary build- Amount spent sufficient capability in each of the commu- ings on-site, enter zero for these categories. Accessibility for students with nications technology elements listed below On-Site Buildings—Total Square Feet disabilities—1 ...... $lll.00 to meet the functional requirements of mod- Original buildings—llll Managing/correcting: ern educational technology? Circle one for Attached and/or detached permanent addi- Asbestos—1 ...... $lll.00 EACH element listed. tions to original buildings—llll Lead in water/paint—1 ...... $lll.00 Underground storage tanks Temporary buildings—llll Mod- Some- (USTs)—1 ...... $lll.00 Very erate- Not 10. What is the overall condition of the Technology elements suffi- ly what suffi- original buildings, the attached and/or de- Radon—1 ...... $lll.00 sufficient sufficient cient tached permanent additions, and the tem- Other (specify: ll)—1 ...... $lll.00 cient 14. How much money will probably need to porary buildings? Refer to the rating scale Computers for instructional use ...... 1 2 3 4 shown below, and circle one for each cat- be spent during the next 3 years on these fed- Computer printers for instructional use 1 2 3 4 egory of building. If this school does not eral mandates for this school’s on-site build- Computer networks for instructional use 1 2 3 4 Modems ...... 1 2 3 4 have any permanent additions or any tem- ings? If exact amounts are not readily avail- Telephone lines for modems ...... 1 2 3 4 porary buildings onsite, circle ‘‘0.’’ able, give your best estimate. If spending Telephones in instructional areas ...... 1 2 3 4 Overall condition includes both physical will not be needed, circle ‘‘1.’’ If unknown, Television sets...... 1 2 3 4 Laser disk players/VCRS ...... 1 2 3 4 condition and the ability of the buildings to circle ‘‘2.’’ Conduits/raceways for computer/com- meet the functional requirements of instruc- puter network cables ...... 1 2 3 4 tional programs. Spend- Fiber optic cable ...... 1 2 3 4 ing will Amount prob- Electrical wiring for computers/commu- Rating Scale Federal mandates not be Unknown ably needed nications technology...... 1 2 3 4 needed Electrical power for computers/commu- Excellent: new or easily restorable to ‘‘like nications technology...... 1 2 3 4 new’’ condition; only minimal routine main- Accessibility for students with dis- tenance required. abilities ...... 1 2 $lll.00 18. How many computers for instructional Managing/correcting: Good: only routine maintenance or minor Asbestos ...... 1 2 $lll.00 use does this school have? Include computers repair required. Lead in water/paint ...... 1 2 $lll.00 at both on-site buildings and off-site instruc- Adequate: some preventive maintenance Underground storage tanks tional facilities. (USTs) ...... 1 2 $lll.00 and/or corrective repair required. Radon ...... 1 2 $lll.00 lll computers for instructional use Fair: fails to meet code and functional re- Other (specify: lll) ...... 1 2 $lll.00 19. How well do this school’s on-site build- quirement in some cases; failure(s) are in- ings meet the functional requirement of the convenient; extensive corrective mainte- 15. Are these spending needs for federal activities listed below? Circle one for EACH nance and repair required. mandates included in your answer to ques- activity listed. Poor: consistent substandard performance; tion 11? Circle one for each mandate listed. Some- Not failure(s) and disruptive and costly; fails Activity Very Moderatley what well most code and functional requirements; re- Does not well well well at all apply— quires constant attention, renovation, or re- Federal mandates Not Yes— No—Not placement. Major corrective repair or over- Included included Small group instruction ...... 1 2 3 4 needed/ Large group (50 or more students) haul required. unknown instruction ...... 1 2 3 4 Storage of alternative student as- Replace: Non-operational or significantly Accessibility for students with dis- substantial performance. Replacement re- sessment materials...... 1 2 3 4 abilities ...... 1 2 3 Display of alternative student as- quired. Managing/correcting: sessment materials ...... 1 2 3 4 Asbestos ...... 1 2 3 Parent support activities, such as Lead in water/paint ...... 1 2 3 tutoring, planning, making mate- School Underground storage tanks (USTs) ... 1 2 3 does Ex- Ade- Re- rials, etc...... 1 2 3 4 On-site buildings cel- Good Fair Poor Radon ...... 1 2 3 Social/Health Care Services ...... 1 2 3 4 not quate place Other (specify: llll) have lent Teachers’ planning...... 1 2 3 4 Private areas for student counseling Original buildings N/A 1 2 3 4 5 6 16. Overall, what is the physical condition and testing ...... 1 2 3 4 Laboratory science ...... 1 2 3 4 Attached and/or of each of the building features listed below detached per- Library/Media Center...... 1 2 3 4 manent addi- for this school’s on-site buildings? Refer to Day care ...... 1 2 3 4 tions to original the rating scale shown below, and circle one Before/after school care ...... 1 2 3 4 buildings ...... 0 1 2 3 4 5 6 for EACH building feature listed. Temporary build- 20. How satisfactory or unsatisfactory is ings ...... 0 1 2 3 4 5 6 Rating Scale each of the following environmental factors Excellent: new or easily restorable to ‘‘like in this school’s on-site buildings? Circle one 11. What would probably be the total cost new’’ condition; only minimal routine main- for each factor listed. of all repairs/renovations/modernizations re- tenance required. quired to put this school’s on-site buildings Good: only routine maintenance or minor Very Satis- Unsatis- Very un- in good overall condition? Give your best es- repair required. Environmental factor satisfac- satisfac- tory factory factory tory timate. If this school’s on-site buildings are Adequate: some preventive maintenance already in good (or better) overall condition, and/or corrective repair required. Lighting ...... 1 2 3 4 enter zero. Fair: fails to meet code or functional re- Heating ...... 1 2 3 4 Ventilation ...... 1 2 3 4 $llll.00 quirement in some cases; failure(s) are in- Indoor air quality ...... 1 2 3 4 12. On which of the sources listed below is convenient; extensive corrective mainte- Acoustics for noise control ..... 1 2 3 4 this estimate based? Circle ALL that apply. nance and repair required. Flexibility of instructional space (e.g., expandability, Does not apply—already in good (or Poor: consistent substandard performance; convertability, adaptability) 1 2 3 4 better) overall condition ...... 0 failure(s) are disruptive and costly; fails Energy efficiency...... 1 2 3 4

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2003 Sara J. Peth, Technical Information Spe- Very Satis- Unsatis- Very un- TABLE V.1.—DATA FOR FIGURE 1: SCHOOL OFFICIALS RE- Environmental factor satisfac- factory factory satisfac- PORT BILLIONS NEEDED FOR REPAIRS AND TO COMPLY cialist. tory tory William G. Sievert, Technical Advisor. WITH FEDERAL MANDATES IN THE NEXT 3 YEARS Kathleen Ward, Technical Advisor. Physical security of buildings 1 2 3 4 Amount needed to All schools FOOTNOTES 21. Does this school have air conditioning 1 Education Writers Association, ‘‘Wolves at the Make all repairs required to put schools in good Schoolhouse Door: An Investigation of the Condi- in classrooms, administrative offices, and/or overall condition ...... $101,200,000,000 other areas? Circle ALL that apply. Provide accessibility for disabled students ...... 5,183,407,780 tion of Public School Buildings’’ (Washington, D.C.: 1989); American Association of School Administra- Yes, in classrooms ...... 1 Manage/correct asbestos ...... 2,395,445,006 Manage/correct lead in water and paint ...... 386,647,141 tors, ‘‘Schoolhouse in the Red: A Guidebook for Cut- Yes, In administrative offices ...... 2 Manage/correct underground storage tanks ...... 303,004,301 ting Our Losses’’ (Arlington, VA.: 1992). Yes, in other areas ...... 3 Manage/correct radon ...... 31,521,318 2 Subsequent reports will address (1) the capability No, no air conditioning in this school at all 4 (go to question 23) Manage/correct other requirements ...... 2,380,065,108 of schools to meet education reform goals and the 22. How satisfactory or unsatisfactory is needs of 21st century education, (2) state role in the air conditioning in classrooms, adminis- school facilities, and (3) the relationship of facility TABLE V.2.—DATA FOR FIGURE 2: AMOUNT SCHOOLS RE- conditions to select school and staffing data. trative offices, and/or other areas? Circle one PORTED SPENDING OVER THE LAST 3 YEARS AND NEED 3 Sampling error is ± 6.61 percent. for each category listed. IN THE NEXT 3 YEARS TO FULFILL FEDERAL MANDATES 4 No complete national data has been compiled for current replacement value of school buildings. Re- Very Very un- searchers have used the $422 billion estimate made Satis- Unsatis- Reported spent in Reported needed satisfac- factory factory satisfac- Federal mandate in the next 3 by the Education Writers Association in ‘‘Wolves at tory tory the last 3 years years the Schoolhouse Door.’’ 5 ‘‘Good’’ condition means that only routine main- Air conditioning in: Accessibility for students with Classrooms ...... 1 2 3 4 tenance or minor repair is required. ‘‘Overall’’ con- disabilities ...... $1,519,755,380 $5,183,407,780 dition includes both physical condition and the abil- Administrative offices.... 1 2 3 4 Manage/correct asbestos ...... 1,728,277,353 2,395,445,006 Other areas ...... 1 2 3 4 Manage/correct other require- ity of the schools to meet the functional requirements ...... 200,885,750 2,380,065,108 ments of instructional programs. 23. Does this school participate in the Na- Manage/correct lead in water/ 6 Any one school may have more than one building. tional School Lunch Program? Circle one. pains ...... 46,241,652 386,647,141 7 Pauley v. Kelly, No. 75–C1268 (Kanawha County Manage/correct underground stor- Cir. Ct., W. Va., May 1982). Yes ...... 1 age tanks ...... 302,014,949 303,004,301 8 The Education Infrastructure Act of 1994 was in- No ...... 2 Manage/correct radon ...... 13,854,263 31,521,318 troduced by Senator Carol Moseley-Braun and was 24. Regardless of whether this school par- passed as part of Improving America’s Schools Act ticipates in the National School Lunch Pro- TABLE V.3.—DATA FOR FIGURE 3: PERCENT OF BUILD- (P.L. 103–382, Oct. 20, 1994). gram, around the first of October, 1993, were 9 The National Education Goals are set forth in INGS REPORTED IN LESS-THAN-ADEQUATE OVERALL Goals 2000: Educate America Act (P.L. 103–227, any students in this school eligible for the CONDITION March 31, 1994). The goals concern (1) school readi- program? Circle one. ness; (2) school completion; (3) student achievement Yes ...... 1 Percentage of and citizenship; (4) teacher education and profes- No ...... 2 (go to question 27) Type of building less-than-ade- sional development; (5) math and science achieve- Don’t know ...... 3 (go to question 27) quate buildings ment; (6) adult literacy and lifelong learning; (7) safe, disciplined, and alcohol- and drug-free schools; 25. Around the first of October, 1993, how Temporary buildings ...... 27.9 and (8) parental participation. Original buildings ...... 26.2 many applicants in this school were ap- 10 Attached and/or detached permanent additions to original ‘‘School Construction Specification and Financ- proved for the National School Lunch Pro- buildings ...... 17.9 ing, National Survey Data 1994,’’ MGT of America, gram? Enter zero if none. Inc., prepared for Hawaii’s State Department of lll applicants approved Education (Tallahassee, Fla.: 1994). See also our 26. Around the first of October, 1993, how TABLE V.4.—DATA FOR FIGURE 4: BUILDING REPAIRS forthcoming report on state role in school facilities. 11 many students in this school received free or REPORTED NEEDED IN AMERICA’S SCHOOLS The Impact Aid program is administered by the Department of Education and provided $12 million in reduced lunches through the National School Percentage of fiscal year 1994 for constructing and renovating Lunch Program? Enter zero if none. schools report- schools in districts that educate ‘‘federally con- llll recipients nected’’ children, such as those whose parents live Type of building ing less-than- 27. How many students in this school were adequate and/or work on military installations and Indian absent on the most recent school day? If building fea- reservations. tures none were absent, please enter zero. 12 ‘‘Toxic Substances: Information on Costs and Fi- nancial Aid to Schools to Control Asbestos’’ GAO/ llll students absent HVAC ...... 36.4 RCED–92–57FS, Jan. 15, 1992). 28. What type of school is this? Circle one. Plumbing ...... 29.8 Roofs ...... 27.3 13 Building features include roofs; framing, floors, Regular elementary or secondary ...... 1 Exterior walls, finishes, windows, doors ...... 26.6 and foundations; exterior walls, finishes, windows, Elementary or secondary with spe- Electrical power ...... 26.4 and doors; interior finishes and trims; plumbing, cial program emphasis—for exam- Electrical lighting ...... 25.4 heating, ventilation, air conditioning; electrical Interior finishes, trims ...... 24.1 power; electrical lighting; and life safety codes. ple, science/math school, per- Life safety codes ...... 19.0 forming arts high school, talented/ Framing, floors, foundations ...... 17.9 14 Environmental factors include lighting, heating, gifted school, foreign language im- ventilation, indoor air quality, acoustics for noise mersion school, etc...... 2 control, energy efficiency, and physical security of buildings. Although flexibility of instructional space Special education—primarily serves TABLE V.5.—DATA FOR FIGURE 5: PERCENTAGE OF SCHOOLS REPORTING UNSATISFACTORY OR VERY UN- is included as an environmental factor in our ques- students with disabilities ...... 3 tionnaire (see app. IV), we are not addressing those Vocational/technical—primarily SATISFACTORY ENVIRONMENTAL FACTORS issues in this report. They will be addressed in a serves students being trained for forthcoming report. Percentage of 15 We are referring to maintenance as the upkeep occupations ...... 4 schools report- Alternative—offers a curriculum de- of property and equipment while repair is work to Type of environmental condition ing less-than- signed to provide alternative or adequate envi- restore damaged or worn-out property to a normal operating condition. nontraditional education; does not ronmental conditions 16 ‘‘Repair and Maintenance of School Buildings,’’ specifically fall into the categories (National Audit Office, Report by the Controller and of regular, special education, or vo- Acoustics for noise control ...... 28.1 Auditor General, London, England, Ordered by the cational school ...... 5 Ventilation ...... 27.1 House of Commons to be printed July 25, 1991). Physical security of buildings ...... 24.2 17 29. Does this school offer a magnet pro- Indoor air quality ...... 19.2 We asked district officials what would probably gram? Circle one. Heating ...... 18.9 be the total cost of all repairs and renovations re- Lighting ...... 15.6 quired to put all of the district’s schools in good Yes ...... 1 overall condition. No ...... 2 MAJOR CONTRIBUTORS Ms. MOSELEY-BRAUN. Mr. Presi- If this is the last school listed on your in- Eleanor L. Johnson, Assistant Director, dent, I wish to thank the GAO staff for struction sheet, please go directly to the last (202) 512–7209. their exhaustive work in an area that page of this questionnaire. Edna M. Saltzman, Project Manager, (313) Senator HARKIN and I have recognized COMMENTS 256–8109. as a critical issue of readiness for edu- Do you have any comments you would like D. Catherine Baltzell, Supervisory Social cational excellence in this country. to make about school facilities? Circle one. Science Analyst. And that is what I call the dirty little Yes 1—Please use the space below. Ella F. Cleveland, Subproject Manager. secret of the condition of America’s No 2 Harry M. Conley III, Statistician. schools. APPENDIX V Nancy Kintner-Meyer, Evaluator. The GAO report makes it clear what Steven R. Machlin, Statistician. DATA POINTS FOR REPORT FIGURES Deborah L. McCormick, Senior Social the American people already know: our Tables in this appendix provide data for Science Analyst. schools are deteriorating and we need the figures in the report. to fix them. Infrastructure investment

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2004 CONGRESSIONAL RECORD — SENATE February 2, 1995 is just another way of saying the obvi- problems, and 12 million with plumbing As I said, we are not speaking of cos- ous; that we need to reverse the dec- problems; 11.9 million children attend metic concerns. We are referring to ades-long habit of trying to ignore the schools with leaky roofs, and 7 million conditions that are unsafe or even decay while we struggle to eke out with hazardous floors. We have allowed harmful to the safety and well being of money for programs. We have delayed the deterioration to continue to a our children. maintenance for too long in too many point that the courts are beginning to According to the GAO report, this schools and now the results of that ne- step in, as was done here in the Na- situation is one that is pervasive, it is glect are unmistakable. The chickens, tion’s Capitol and in New York, to re- widespread, and runs the gamut in literally, have come home to roost. quire that life-threatening conditions terms of conditions. I would like my Some 14 million children, Mr. Presi- be rectified. Sometimes, as in a recent staff to take this set of pictures down dent, attend schools that are reported student strike in Chicago, the children and put up the one regarding plumbing needing extensive repair or replace- take matters in their own hands. conditions and the like. ment. These schools are distributed na- The Education Infrastructure Act is Mr. President, I am going to digress tionwide. Recent research has con- a small, first step toward putting Fed- for a moment while my staff displays cluded that facilities in poor condition eral support where the needs are. It is the next set of pictures. I have a teen- may contribute to students’ poor per- included in Goals 2000, and was appro- age son. If anything, the youngsters formance. It is inherently unfair to priated last year at the $100 million know this. This is not a surprise to any hold youngsters to nationwide stand- level. I hope we will have the support of the pages sitting here. They know of ards for achievement if they do not of the President to keep this money in some school in the community from have an equal opportunity to learn. It the budget, and to increase the appro- which they come that has this kind of is frightening that major repair and priation this year. Time is not on our problem. It is a widespread problem. It renovation needs exist in fully a third side, deferred investment will just is a nationwide problem. It is an urban of the 80,000 schools in our country and make it more, not less expensive to as well as rural problem. These pic- that over 60 percent of that number re- correct. I hope to have the support re- tures are from urban school districts ported at least one major feature in quired to give this initiative the pri- specifically. disrepair, needing extensive overhaul if ority it deserves. not replacement. Most schools reported I first became aware of the problems Here is a toilet used to redirect sew- multiple problems of this nature. facing our Nation’s education infra- age from a broken pipe in the wall here These are not just cosmetic concerns. structure while serving in the Illinois in Washington, DC—our Nation’s Cap- And I would like my staff to put up House of Representatives. Throughout ital. This is the kind of infrastructure 1 some pictures. my 2 ⁄2 terms in office, I visited school disrepair that youngsters must try to This is a series of pictures showing districts across the State and wit- learn in on a daily basis. Can you imag- classroom conditions. You will notice nessed the deteriorating condition of ine the activities in the classroom that this science lab looks like it has public school facilities in both urban right next-door to this bathroom? been the victim of a failed science ex- and rural districts alike. This next picture is of a home eco- Yet, it was not until I began working periment. But can you imagine our nomics sink—small wonder you could on education legislation in the U.S. youngsters trying to study the sciences not do very well in home economics, if Senate, that I learned that the Federal and be competitive in this world econ- that is the kind of conditions in which Government had not collected data on omy trying to learn in facilities like you have to work. the condition of our Nation’s public that. Mr. President, in addition to these Here is one with peeling lead-based school facilities since 1965. Knowing that my efforts to improve plumbing concerns, I would also like paint; burned out lights; unrepaired our Nation’s education infrastructure you to take an opportunity to look at fire damage. Here is one: Water damage would be limited by insufficient data, I some of the external problems. Young caused buckling floors and missing sent a letter to the General Accounting people do not cause the fascia to crack tiles; more water damage; termites Office last year, which was cosigned by or the structural damage. Here is one eating out the school library shelves. Senators KENNEDY, PELL, SIMON, and of a front door which is a life and safe- Here is a basement in a school in Chi- WELLSTONE, requesting a comprehen- ty violation. The front door is chained cago. Here is one of peeling lead-based sive, nationwide study on the condition so the students cannot be injured by paint and burned out lights, which is of our Nation’s public school facilities. the holes in the crumbling front steps not replaceable. But the irony of it, In responding to my request, the of this particular school. Mr. President, is the little sign here on General Accounting Office surveyed a This picture shows structural dam- the blackboard that says ‘‘academic random sample of our Nation’s 15,000 age which I can see in the brickwork, success.’’ It is hard to think that some- school districts and 80,000 public in the fascia. Again, a function of the one can achieve academic success in a schools from April to December 1994. failure to invest in repairs and mainte- setting like this. GAO staff members also visited 41 These are not just cosmetic concerns. nance over time. This picture is of a 30- schools in 10 school districts across the year-old portable classroom in New Or- When we speak of major repair needs, country to supplement their quan- we are referring to conditions that are leans that was built to last for 10 years. titative data with personal observa- It was designed to be temporary. A unsafe or even harmful to children’s tions. health. The GAO report estimates that portable classroom that was designed Based on responses from 7.8 percent to be temporary. It is still there and the Nation’s schools need $112 billion of the schools sampled, GAO concluded to repair and upgrade America’s invest- that is the condition in which it is in— that our Nation’s public schools need coming apart at the seams. This pic- ment in school facilities to bring them $112 billion to restore their facilities to to good overall condition. Just to com- ture shows a demountable classroom good overall condition—including $6 held in place by a steel plate and the ply with the Federal mandates to re- billion to make programs accessible to move asbestos, or lead paint, or radon wall, of course, is crumbling under the all students and $5 billion to correct or windows. and pesticides and hazardous materials remove hazardous substances. is estimated to require $11 billion. We More specifically, GAO found that Mr. President, 7 million students at- are courting disaster if we fail to rec- out of the 42 million public school stu- tend schools with life safety code viola- ognize that these capital needs relate dents in the United States: 14 million tions; 11 million attend schools with directly to the health and safety of our or 33 percent of all students attend electrical problems; 15 million attend children in the environment second in schools that need to extensively repair schools with heating, ventilation, and importance only to the home. or replace one or more buildings; 59 air-conditioning problems; 12 million For example, some 7 million children percent attend schools that need to re- attend schools with plumbing prob- attended schools with life safety code pair or replace one or more building lems; and 11.9 million students attend violations, some 11 million in schools features; and 52 percent attend schools schools with leaky roofs. with electrical problems, 15 million in that have at least one unsatisfactory Mr. President, in preparing their re- schools with heating and air quality environmental condition. port, GAO staff members traveled

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2005 across the country to examine public all know, school boards in every State So what we see is a continuing shift- school facilities in America’s urban in the country are finding it increasing of the burden to the local property communities and found that: In New ingly difficult to support their instruc- taxpayer, and the local property tax- York City, A $151 million state-of-the- tional programs, much less their school payer is not able to go any further to art science high school is only blocks facilities, with local property taxes. meet this need. away from another high school housed Local property taxes are an inad- At the same time, State support for in a 100-year-old building which has equate source of funding for public edu- the repair, renovation, alternation, and served as a stable, fire house, factory, cation because they make the quality construction of public school facilities and office building; this school’s ele- of public education dependent on the has fallen even more dramatically in vators do not work, its interior class- local property wealth. illinois—one of 23 State that provides rooms have no windows, it’s ventila- Two districts in Illinois illustrate the little or no funding for school facilities tion system needs major repairs, and gross disparities created by our current projects. its heating depends on a fireman’s school financing system. stoking the coal furnace by hand. In In 1990, the owner of a $100,000 home Although the Illinois General Assem- Chicago, a leaking roof at one elemen- in a prosperous community paid $2,103 bly created the Capital Assistance Pro- tary school caused floors to buckle and in local property taxes. This commu- gram in the early 1970’s to help local plaster on the walls and ceilings to nity spent an average of $10,085 per school districts finance school repair crumble; since the leaking roof also child in its public schools. On the other and construction projects, support for flooded parts of the electric wiring sys- hand, the owner of a $100,000 home in a this program has diminished rapidly. tem, one teacher would not turn on her low- and moderate-income community During fiscal years 1985 through 1990, lights during rainstorms for fear of paid $4,139 in local property taxes, al- the State of Illinois appropriated only electric shock—or fire. In Washington, most twice as much, but was only able $18 million for local school repair and DC, water damage from an old steam- to spend $3,483 per child in its public construction projects, and then only on heating system at a 60-year-old junior schools—less than one-third of the an individual direct-grant basis. high school has caused so much wall money the more prosperous commu- I point out also that the last time deterioration that an entire wing has nity was spending, and for a host of this issue even was reviewed at a State been condemned; steam damage is also reasons that goes to local schools. level in our State was in 1987 when the causing lead-based wall paint to peel. In their responses to the GAO survey, Illinois Board of Education that our And, in New Orleans, most of the school officials reported that they have rural districts alone needed over $500 school buildings have no air-condi- difficulty raising money for needed re- million to restore their facilities to tioning although the average morning pairs and renovation, in large part, be- good overall conditions. The GAO re- relative humidity in New Orleans is 87 cause of the demands of their operating port found that Chicago public schools percent; Formosan termites have also budgets as well as an antitax senti- need $2.9 billion. deteriorated the structure of many ment among voters resulting in the Mr. President, the Federal Govern- schools; in one elementary school, ants failure of bond issues. ate books on shelves as well as the ment must accept a share of the blame In other words the local property tax for failing to provide our Nation’s chil- shelves themselves. is an inadequate, inelastic base for GAO staff members also visited pub- dren with school environments which funding schools generally, but it has are conducive to learning. lic school facilities in America’s rural the particularly Draconian effect with communities and found similar prob- regard to infrastructure and facilities In just the last decade alone, the lems. because the school districts do not Federal Government’s share of public In Raymond, WA, one elementary want to have to go back to the tax- education funding has dropped from 9.8 school is made of wood, a potential fire payers in order to meet these kinds of to 6.1 percent. hazard, and the 70-year-old high school repairs. That could make a lot of difference is made of unreinforced concrete that In fact, 33 percent of school districts when it comes to providing an environ- probably can not withstand earth- reported that they have had an average ment in which young people can learn. quakes. of two bond issues fail in the past 10 In Ramona, CA, one elementary The Federal Government has histori- years and that bond proceeds are often school is comprised solely of portable cally addressed the problems facing our much less than needed for repairs. For classrooms with no cafeteria or audito- Nation’s public schools by passing im- rium; one portable room serves as a li- example, GAO found that: In Mont- portant legislation including: Section brary, computer lab, music room, and gomery, AL, voters defeated a local tax 504 of the Rehabilitation Act of 1973; art room. and, in Grandview, WA, the referendum to remove all portable the Asbestos Hazard Emergency Re- middle school, which was built to buildings and build new schools on sponse Act of 1986; and the Americans house 475 students, currently enrolls June 28, 1994; and, in Pomona, CA, a with Disabilities Act of 1990. While 700, while the elementary school de- $62.5 million bond issue was submitted these laws have laudable goals, they signed for 375, now enrolls 464 students. to the voters after a survey indicated have the effect of passing on even At this point I would also like to that the $200 million needed for repairs greater costs to already overburdened raise the issue of school overcrowding, would be rejected by the voters. school districts. because, this issue also causes facili- In short, one survey respondent com- The GAO report states clearly that ties to become inadequate. So you have mented that: these mandates alone, account for $11 damage as we see here in these pictures The current public attitudes about the billion of the $112 billion needed to fix exacerbated by just the numbers of economy and education are generally so neg- our schools. children that are crowding into inad- ative that passing a bond referendum is a fantasy. Last year, Congress passed the Goals equate facilities. 2000: Educate America Act which Presi- Mr. President, the American system Mr. President, the Federal Govern- dent Clinton signed into law on March of public education has historically ment, as well as most States, continue 31, 1994. I supported this legislation be- given local school boards primary re- to force local school districts to rely cause it promises to create a coherent, sponsibility for maintaining our Na- increasingly on local property taxes for national framework for education re- tion’s education infrastructure. public education, in general, and for For a long time, local school boards school repair and construction form founded on the national education were able to meet that responsibility. projects, in particular. goals. However, the ability of local school In Illinois, for example, the local Since one essential building block of boards to continue to meet that re- share of public education funding in- reform is better school facilities, I am sponsibility has steadily declined, in creased from 48 percent during the pleased that Goals 2000 includes an large part because of escalating costs 1980–81 school year to 58 percent during amendment I introduced that directs in the operating budget. the 1992–93 school year, while the State the national education standards and To build schools, local school boards share feel from 43 to 34 percent during improvement council to develop vol- rely on local property taxes. And, as we this same period. untary national opportunity-to-learn

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2006 CONGRESSIONAL RECORD — SENATE February 2, 1995 standards which address the condition sion, the Military Impacted Schools about $4,600 per family, or 52 percent of of school facilities. Association, the American Library As- all individual income taxes collected in Nonetheless, I firmly believe that it sociation, the American Federation of America this year. The national debt is inherently unfair to expect our chil- Teachers, the National Association of itself is over $4.75 trillion, going on $5 dren to meet national performance Federal Education Program Adminis- trillion. Gross domestic product is only standards if they do not have an equal trators, ASPIRA, the Council of Edu- about $6.5 trillion. opportunity to learn. cation Facilities Planners Inter- Combined, these numbers produce a That is why I introduced the Edu- national, and the American Federation debt-to-GDP ratio of 73 percent. As the cation Infrastructure Act last April. of School Administrators. debt continues to grow, so inevitably This legislation, which was included in Mr. President, I have taken the time does the tax burden on the American the reauthorization of the Elementary today to highlight the results of the people. Granted, Mr. President, we and Secondary Education Act [ESEA], GAO report as well as the merits of the have gotten away with debt in the is specifically designed to help local Education Infrastructure Act because past, but the time to pay the bill is school districts ensure the health and Republican Members of Congress are rapidly approaching. The global mar- safety of students through the repair, currently preparing legislation that kets are beginning to experience a cap- renovation, alteration, and construc- would rescind the $100 million appro- ital crunch. European economies are tion of school facilities. priated for the Education Infrastruc- expanding and picking up steam. With the help of my distinguished ture Act in 1995. Southeast Asian markets are booming. colleague from Iowa [Mr. HARKIN], I Needless to say, I am vehemently op- Japan is calling on its reserves to re- was able to include $100 million in the posed to any proposal that would force build infrastructure after the earth- 1995 Department of Education budget Congress to take this giant leap back- quake. for the education infrastructure pro- ward. In my view, it would be uncon- In short, Mr. President, demand for gram. While this appropriation level scionable for Congress to withdraw capital is simply growing faster than represents a drop in the bucket in funding for the Education Infrastruc- can be supplied and, as a result, inves- terms of our Nation’s education infra- ture Act—especially now given the re- tors are being more selective about structure needs, it is significant, none- sults of the GAO report. which markets they place their money theless, because it is the first drop. Mr. President, I would like to con- in, as they should be. The Education Infrastructure Act re- clude my remarks by urging my col- A very clear and primary concern of quires the Secretary of Education to leagues to read the ‘‘Condition of financial markets is a nation’s poor award funds to school districts with at America’s Schools’’ report for them- economic policies and its debt struc- least 15 percent child poverty rates and selves and to join me in working to se- ture. I submit here today that the lack urgent repair and renovation needs. cure funding for the Education Infra- of budget discipline we display here in This legislation further targets pro- structure Act in 1995 and 1996. the United States is not highly re- gram funds by requiring the Secretary Rather, I believe that President Clin- garded among any investor in the to award funds among eligible school ton should include at least $200 million world. Our current account stood at districts on the basis of: for the Education Infrastructure Pro- $104 billion in 1993. This means we ei- The number or percentages of chil- gram in his fiscal year 1996 budget re- ther sold $104 billion in assets to for- dren in poverty; quest and that Congress should meet eign entities, borrowed $104 billion The extent to which they lack the this request. from foreign entities, or a combination fiscal capacity to undertake the By providing this needed and long of the two. project without Federal assistance; overdue support, we will begin to ad- Although a current account deficit in The threat the physical condition of dress our failure to adequately engage and of itself is not a bad thing, the ac- the plant poses to the safety and well- Federal resources in behalf of pre- cumulation of persistent current ac- being of students; and paring our children for competition in count deficits, over time, leads to a The age of the facility to be replaced. this global economy and securing the great big external debt. These deficits Mr. President, the Education Infra- future of our Democratic institutions. identify a systematic shortfall of sav- structure Act does not infringe upon This is not our children’s interest; this ings below investment, due to an ex- local control over public education in is in our national interest. pansion of consumption relative to in- any way. Rather, it seeks to supple- Mr. SHELBY addressed the Chair. come. The implication is that we bor- ment, augment, and assist local efforts The PRESIDING OFFICER. The Sen- row to finance current consumption ex- to support education in the least intru- ator from Alabama is recognized. penditures that have no effect on eco- sive way possible by helping local f nomic growth or future income in this school boards support the repair, ren- country. In other words, the Govern- BALANCED BUDGET AMENDMENT ovation, alteration, and construction ment is borrowing abroad to finance an TO THE CONSTITUTION of our Nation’s public elementary and excess of expenditures over income. We secondary school facilities. The Senate continued with the con- are living beyond our means. Mr. President, the Education Infra- sideration of the joint resolution. Projections of higher current account structure Act will help our children Mr. SHELBY. Mr. President, we are deficits run well into the foreseeable learn by providing an environment con- involved here in a truly historic de- future. The former Chairman of the ducive to learning. In her research at bate. The proposed balanced budget Federal Reserve Board, Paul Volcker, Georgetown University, Maureen Ed- amendment will decide the fate of for whom we all have great respect, has wards found that students in poor America for years to come. Our deci- warned of the current account deficit school facilities can be expected to fall sion will dictate whether our children addiction, as he calls it. 5.5 percentage points below those in and grandchildren will live free and He said: schools in fair condition and 11 per- prosper from the fruits of their labor * * * we simply cannot afford to become centage points below those in schools or, on the other hand, live in a Third addicted to drawing on increasing amounts in excellent condition. World economy subservient to the eco- of foreign savings to help finance our inter- For all of these reasons, the Edu- nomic leaders of other industrialized nal economy. Part of our domestic indus- cation Infrastructure Act was enthu- nations in the world. try—that part dependent on exports, or com- siastically endorsed by the National Debtors are never free to choose. peting with imports—would be sacrificed. The stability of the dollar and of our domes- PTA, the National Education Associa- They are never free to choose. They are tic financial markets would become hostage tion, the National School Boards Asso- only subject to the dominion of their to events abroad. If recovery is to proceed ciation, the American Association of creditors. We all know this. elsewhere, as we want, other countries will School Administrators, the Council of Interest payments on the national increasingly need their own savings. Al- Great City Schools, the National Com- debt now are expected to be $310 billion though we do not know when, the process mittee for adequate School Housing, this year. Interest payments on the na- eventually would break down. the City University of New York, the tional debt are expected to be $310 bil- Those are not my words. They are AFL–CIO Building and Trades Commis- lion. Think of it. That comes out to be the words of Dr. Volcker. We cannot,

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2007 Mr. President, continue to finance our for that very reason. That is why we On that point, the President is abso- debt through a balance of payments need a balanced budget amendment—to lutely correct. They were shouting at deficit unless we want to find ourselves instill the individual will for action on Washington and they were demanding in the same type of crisis as Mexico, or the collective body. Planning strategic change in the way we govern ourselves. perhaps Canada. cuts over a period of 7 years will be Eighty to eighty-five percent of the Mexico, as we all know, is in dire fi- much less painful than waiting until American people have indicated sup- nancial straits. The cause of Mexico’s the debt collector is standing at our port of the passage of an amendment to problems is based on large budget and door. the Constitution to balance the budget. current account deficits. Mexico tried Currently, 48 States possess one sort The President said he heard the to finance consumption by running a of a balanced budget requirement or shouting, but apparently he has not be- current account deficit at nearly 8 per- another. For them, these restrictions cause if you heard what they were say- cent of the gross domestic product, liv- provide a source of discipline through- ing, you would be in front of the train ing well beyond their means. Financial out the budget process. It is an ex- trying to bring the change that they markets realized the risk of holding tremely aristocratic notion to believe are asking for here to Washington and Mexican currency and proceeded in a we are better than the States and do he would be leading the charge for pas- widespread selloff of the peso. Mexico not need such forced discipline to help sage of the balanced budget amend- was virtually helpless in its ability to us balance the budget, because we all ment. manage monetary policy due to what? know better. Congress has proven we The President is going to be submit- Their structural debt problem. cannot balance the budget on our own, ting his budget next week and we will Now, Mr. President, private investors and we will not. see what kind of glidepath or pattern will not even prop up the peso without Canada and Mexico are wake-up he sets toward approaching a balanced a guarantee from the United States or calls. I do not want the United States budget by the year 2002. something similar to that, the Presi- to be like Britain in the 1970’s or New I want to repeat, Mr. President, in dent announced. Zealand in the 1980’s. Both had to call the last election, there was no greater If you look to our north, another in the International Monetary Fund to centerpiece than the issue of passage of neighbor is financially destitute. Can- stabilize its falling currency. We had a a balanced budget amendment. None. ada’s long-suffering dollar is at a 9- scare last year and unless we pass this That election had a profound effect on year low. Canada has the second high- amendment, we may very well experi- this administration, which is obvious. est ratio of debt-to-gross domestic ence far worse in the future. It has found itself in deliberation. It is product of any industrialized country, Government deficits reduce national talking about reinventing, the Presi- and 35 percent of all Federal revenues savings. As a result, the economy accu- dent rereading the speeches of 1992, in Canada go to service the debt. In ad- mulates less domestic capital and trying to understand where a dis- dition, Canada ran a $30 billion balance fewer foreign assets. The lack of Gov- connect occurred. I would suggest that of payments deficit in this past year. ernment investment means that bor- the administration need not go no fur- Canada is in serious trouble. Some rowing is not being used to finance in- ther than to read what America is say- Third World countries have a better creased productivity and therefore will ing about the passage of a balanced handle on their debt than our neighbor not provide a foundation for future re- budget amendment. to the north. payment of the debt. Federal Govern- Very often those who speak in oppo- The fiscal order of Canada is forcing ment surpluses are pertinent to the re- sition to the passage of the amendment real budget decisions and real budget payment of the public debt. Some will will cite various sectors of our society cuts. No fiddling around the edges, say we can raise taxes. I, for one, will and suggest harm will come to them if Canada is on the verge of becoming a not support an increase in taxes. It has we exercise the discipline of balancing Third World country if they do not been proven time and time again, high- our budget. I would suggest the com- take immediate and radical steps to er taxes do not eliminate the deficit. plete reverse. address their debt problem. Instead, experience suggests Congress Mr. President, if we do not take Mexico and Canada, for us, provide will spend all tax revenues plus the charge of our financial health, the var- valuable, tangible lessons of what hap- highest deficit markets will accept. ious constituencies—children, the poor, pens if a country does not address its The accumulation of debt will cause the aged, whatever—of our Nation will debt. Some will agree but then point our children and grandchildren to have be the first victims of a Nation so fi- out that a balanced budget amendment lower standards of living, because they nancially unhealthy that it cannot is not the means to achieve fiscal re- will inherit a smaller capital stock and take care of its critical needs. It is ex- straint. We have heard it before. They because they will have to pay more in- actly those constituencies. say, ‘‘All we need is the will to balance terest to foreign investors. This reduc- There is an article in my home paper, the budget.’’ That is a common refrain. tion in future living standards reflects the Atlanta Constitution, that suggests Unfortunately, Mr. President, the col- the true burden of Government debt. that a balanced budget amendment lective will is not present in this body. To vote against this amendment is to could only be achieved on the backs of In a 1932 radio speech, President disregard the obligation we have to children. How absurd. Franklin Delano Roosevelt said, ‘‘Any protect and serve not only this country The balanced budget amendment is government, like any family, can for a but the children that we bequeath this exactly for children, for the future, for year spend a little more than it earns. burden to. guaranteeing a country that has suffi- But you and I know that a continuance Mr. President, I yield the floor. cient financial strength to defend of that habit means the poorhouse.’’ Several Senators addressed the itself, financial strength to care for Well, President Roosevelt knew what Chair. itself. Have we ever known a family, he was talking about. Our continued The PRESIDING OFFICER. The Sen- Mr. President, or a business or a com- habit has produced deficits in 33 out of ator from Georgia. munity that was able to function if it the last 34 years in this country. Can Mr. COVERDELL. Mr. President, I was financially unhealthy? I mean, are you imagine? In 33 of the last 34 years rise in support of the passage of the bankrupt companies able to do what we have run a deficit. Presently, there balanced budget amendment. I could they are supposed to do? Absolutely is no end in sight. I believe every Sen- not think of a single issue—not one— not. If a family is charged too much on ator has the will to balance the budget. that is more central nor more tied to a credit card, what happens? They are What they will not agree on is the way what the American people were saying in trouble. It often leads to even break- to get there. The nature of this institu- in these past elections than the bal- up of the family. A country without tion instills incentives to vote for addi- anced budget amendment. having secured financial health cannot tional expenditures and deficit financ- It is interesting to me that in the care for itself. ing. President’s speech on the state of the Mr. President, we are engaged in a No one likes to take the heat for cut- Union, he said something to the effect defining moment in the history of this ting specific programs. Indeed, many that the American people were not Nation and specifically on the issue of Senators do not vote to cut programs singing to us, they were shouting at us. a balanced budget amendment. This is

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2008 CONGRESSIONAL RECORD — SENATE February 2, 1995 a clarification of exactly where we the balanced budget amendment is not research organization and they should stand. Are we for changing the way we a magic bullet that is going to kill the at least give us serious pause. govern ourselves in this country in deficit. I only wish it were. We must be I wonder if the American people have Washington or are we for leaving ev- frank with the American people. This any idea that we are talking about erything just the way it is? amendment will not cut a dime of these kinds of drastic steps. I doubt it. Mr. President, America has already spending or close a single tax loophole. And one reason is that amendment pro- made up her mind. She has said just as As many of my colleagues have urged ponents have kept the public in the loudly as she can—the President is cor- on this floor, it is critical that before dark. They refuse to say what will be rect, shouting at us—‘‘change.’’ this amendment is approved, its pro- necessary if this amendment passes. One of the reasons I think the Presi- ponents should tell the American peo- Why? Because the public would turn dent had difficulty in the last midterm ple how this is going to get the job it down and it would remove this kind election was that they thought that done. Unfortunately, so far, we have of hide-and-seek cover that is being was what he was going to do, fight for seen very little inclination to do so. used to present this deception, to sug- change, and they came to know that he Proponents do not want to tell the gest that the way we are going to solve would not. And he has defined the next people that taxes for ordinary Ameri- our problems is by some formula 2 years of his administration by saying cans could skyrocket. They do not change to our Constitution which has that he will not support a balanced want to tell the people that Social Se- as its structure the separation of pow- budget amendment. curity benefits could be slashed. They ers and the responsibility for each one Mr. President, as I said, this is a de- do not want to tell the people about of those divisions of Government. fining moment. You either stand with lost Medicare services or fewer FBI No, Mr. President, what we are try- the country that called for change, we agents or fewer border guards, or weak- ing to do is escape by this the responsi- change the manner in which we govern ening of immigration enforcement. bility that each of us took when we our finance, or you reject the elections, Mr. President, are these kinds of took our oath under the Constitution you reject what the American people drastic consequences really likely? Let to protect our public and the Constitu- have called for and you become a de- us just take a look at the numbers. tion of the United States. What we are fender of Washington just the way it is. Proponents of this amendment claim doing is we are seeing a duck-for-cover It is just that clear. Are you for change that they can balance the budget while tactic that I do not think, in the final or do you want it to stay the way it is? increasing military spending and cut- analysis is, A, going to work and, B, America is calling for change. This is ting taxes for the very wealthy. going to answer the problems. the chance to answer the call. But according to an analysis by the Unfortunately, by the time the pub- Mr. President, I yield the floor. staff of the Budget Committee, to ac- lic learns what this amendment will Mr. LAUTENBERG addressed the complish that and meet the Govern- really do, it may be too late. That, in Chair. ment’s existing commitments to retir- fact, is the admitted strategy of its The PRESIDING OFFICER. The Sen- ees and Medicare, you would have to proponents, and it is outrageous and ator from New Jersey. cut everything else literally 50-percent. abhorrent as a way to debate an Mr. LAUTENBERG. Mr. President, I Think about that for a moment, Mr. amendment to the Constitution of the rise in strong support of cutting waste- President: A 50-percent cut in law en- United States. ful spending and closing tax loopholes. forcement, a 50-percent cut in edu- We should be honest not only about I also rise in opposition to this bal- cation, a 50-percent cut in immigration the cuts and tax increases that are anced budget amendment to our Con- enforcement, a 50-percent cut in job likely to result from this amendment, stitution. I rise in strong support of fis- training. but also about the way the amendment cal discipline, but in opposition to a The people in my State of New Jer- would hamstring critical efforts to fiscal straitjacket that could cripple sey would pay a very high price for this stimulate the economy during serious our economy and possibly even cause a amendment, especially if it is adopted recessions. depression. in conjunction with other items in the When the economy suffers a cyclical I rise in strong support of balancing so-called Contract With America. downturn, tax revenues go down, and our operating budget, but in opposition According to a study by the Depart- spending for unemployment benefits to using the Social Security trust fund ment of Treasury, New Jersey would and other items go up. So the deficit to do it. lose almost $1 billion annually for pro- increases. Under this amendment, Con- I rise in support of a pay-as-you-go grams like education, job training, en- gress would then have to make up the approach to the Government’s oper- vironmental protection, and housing. difference with measures that will sti- ating expenses, but in opposition to an We would lose another $200 million for fle the economy even further. amendment that ignores the funda- highways. And to make up for these That is not good economic policy, mental principles of capital budgeting and other cuts, State taxes would have and it will have extremely serious con- under which virtually all businesses to increase by 17.5 percent across the sequences for ordinary Americans. It and States operate. board, 17.5 percent. will mean lost jobs and lost wages and, And I rise in strong support of hold- Our Governor has been working very quite possibly, could send us into an- ing Congress accountable for deficit hard to reduce the tax burden on the other Great Depression before we spending, but in opposition to giving citizens within our State. Her target is would know what hit us. Having lived unelected judges the power to raise 30 percent. And with this change, we through the Depression as a child, I taxes and to cut Social Security bene- could be looking at a 17.5 percent in- can tell you, that is something to avoid fits. crease in taxes. like the plague. Mr. President, I know that very deep The balanced budget amendment also Let me discuss another aspect of this public concerns have led to the consid- could wreak havoc on our State’s econ- amendment that will take us back- eration of this amendment. The Amer- omy. There is a study by a well-reward. The amendment proposes to bal- ican people have made it quite clear spected organization, the Wharton ance the budget by raiding the Social that they want to do more to cut econometrics group, or WEFA, as they Security trust fund. Social Security wasteful spending, and I agree. We have are known, which analyzed how the represents a sacred trust between the made some progress, but there is still amendment would affect the economy Government and our citizens. Often, it far too much waste from top-heavy in the year 2003. is the mainstay of retirees. We have Government bureaucracies to farm sub- According to WEFA, the amendment made a commitment, virtually a con- sidies, the B–2 bomber, star wars, the would mean that more than 178,000 peo- tract, with the men and women who space station, and a variety of special ple would lose their jobs and the unem- have been paying into that trust fund. interest tax loopholes. We should do ployment rate would increase by al- And so it is critical that we keep it off better. most 5 percent and personal incomes budget. Americans have every right to be would decline by about 12 percent. If Congress spends too much on wel- angry about the deficits and the waste Again, Mr. President, these are fig- fare or the military or farm programs, that contributes to it. Unfortunately, ures from a well-respected, nonpartisan or if we give too many tax breaks to

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2009 the wealthy, why should Social Secu- tion was founded, and that is the prin- children. They know about that epi- rity beneficiaries have to suffer as a re- ciple of no taxation without represen- sode in American history. They know sult? They earned their benefits. They tation. The balanced budget amend- the impact that had in the creation of paid into that fund, and it is wrong to ment is intended to encourage the Con- this wonderful democracy of ours. make them pay for Congress’ over- gress and the President to agree on Mr. President, it is bad enough that spending. measures to eliminate the deficit, but ordinary Americans are now paying an Just as it is wrong to include Social what happens if the two branches dis- unfair portion of the tax burden, but Security in the budget, it is also wrong agree? What happens if notwith- that burden may get a lot heavier when to commingle the capital and oper- standing the amendment the budget is judges inherit the task of balancing the ating budgets. still not in balance? The answer most budget. After all, the judiciary is the Mr. President, how many times have likely at least as presently designed is branch of Government that by design is we heard the same line: ‘‘If ordinary that the courts eventually would step most insulated from the public. In fact, Americans can balance their family in to implement the constitutional re- judges are supposed to ignore public budgets, if State governments can bal- quirement. That could mean not only opinion. ance their budgets, and if businesses cuts in Social Security, Medicare, and Mr. President, if we think the Amer- can balance their budgets, why can’t other Federal benefits but substantial the Federal Government?’’ ican people are angry today, just wait. tax increases. Wait until they get hit with a huge tax It is a good question. The real answer Some proponents of a balanced budg- increase by a district court judge who is that families, States, and businesses et amendment may say that that is not they have never heard of, never voted balance their operating budgets most their intent, but the courts will not be for, and they will never be able to vote of the time. able to rely on such claims. First, But they also borrow for long-term out of office. The reaction will make there is real disagreement among investments. Families borrow to buy a the famous Boston insurrection look amendment proponents, and some in- house. They borrow to buy a car. really like a tea party. sist the courts must enforce the States borrow for capital projects that amendment. More importantly, there I know that some amendment pro- will benefit future generations. Every is nothing in the amendment itself ponents are convinced that the courts day, individuals borrow to invest in that seeks to preclude the courts from will not intervene to enforce this their future by taking student loans. enforcing the amendment’s provisions. amendment. Some have pointed to the Every day, if they did not, most would This contrasts starkly with other doctrines of standing or justiciability have no future, especially in today’s in- versions of a balanced budget amend- and conveniently assume that these old creasingly technological age. That is doctrines would apply to a newly why they do not balance all receipts ment. And so the obvious question for the courts will be if the amendment is adopted constitutional amendment. and expenditures. They balance only But supporters of the amendment can- their operating budgets. not intended to preclude judicial enforcement, why does it not include an not have it both ways. If this amend- By contrast, Mr. President, this ment really will force Congress to re- amendment lumps the capital and op- explicit statement to that effect? duce the deficit, who is going to force erating budgets together and makes no Mr. President, the court’s power to us if not the courts? distinction between investments and interpret and enforce the Constitution operational expenses. This ignores the has been well established since the After all, Congress has already basic standards of budgeting under famed case of Marbury versus Madison. passed laws to force itself to balance which virtually every business in That long established power is not the budget, but without an effective America operates. As a former CEO of likely to be relinquished. So, Mr. Presi- enforcement mechanism we simply a major public corporation, Mr. Presi- dent, the threat of judicial taxation sidestepped our own law. And now dent, I can attest to that. Commingling under a balanced budget amendment is amendment proponents assure us that the capital and operating budgets not hypothetical; it is very real. And the same evasion will not be possible threatens to rob us of investments that that is not just my opinion. Legal ex- under a constitutional amendment. are critical to our Nation’s future. perts of all political stripes agree. But just as prohibition did not stop Mr. President, investments are nec- For example, Harvard law professor drinking because it was unenforceable, essary in our Nation’s roads, in our Laurence Tribe has testified that ‘‘Ju- a balanced budget will not stop spend- bridges, in our airports, in our air traf- dicial enforcement of the proposed bal- ing if courts are impotent to enforce it. fic control systems, investments in the anced budget amendment would nec- I find it absolutely astounding to information superhighway, and the essarily plunge judges into the heart of hear amendment proponents argue that technology of tomorrow. To ignore the taxing, spending and budgetary the courts would never enforce this these kinds of investments is to ignore process.’’ amendment. We are talking about an Similarly, the conservative former our own future. amendment to the Constitution of the Supreme Court nominee, Robert Bork, We hear it said many times that if we United States, not a sense-of-the-Con- who also opposes the balanced budget do not have the balanced budget gress resolution. Can the proponents amendment, has warned that the amendment, we are delegating to our really believe that the balanced budget amendment could lead to tax increases children and future generations huge amendment is nothing more than a mandated by unelected, lifetime- obligations to repay debt, interest, and meaningless scrap of paper that cannot tenured judges. In his words, ‘‘The judi- principal. Mr. President, as all know, if be enforced? Could they really be that ciary would have effectively assumed a you do not make investments in to- cynical? I do not think so, Mr. Presi- considerable degree of control over the morrow, that really deprives our chil- dent. And I do not think the courts will fiscal affairs of the United States. That dren and our grandchildren of opportu- either. As Laurence Tribe and Robert outcome cannot be desired by anyone, nities to learn, to earn, to work, to de- Bork concluded, the courts will not velop. That is when the real penalty to including the courts.’’ Mr. President, over 200 years ago, presume that this is a meaningless and our children and grandchildren is going utterly unenforceable scrap of paper. to come into place. And we can do this country was born after citizens were burdened with stiff tax increases To the contrary. And that is why the something about it. We can reduce our threat of judicial taxation is so real. spending, and we can proceed to a clos- imposed by distant elite rulers who did er balance of our budgets. not represent the people and who were Mr. President, there is no need to We have seen in the last few years, unaccountable to them. The rallying rely on the judiciary to reduce the def- with the President’s leadership, we cry of our oppressed forefathers was icit. Congress could do it. We could have been able to substantially cut our clear and compelling, and that same start now if we had the political will. annual deficit, somewhere around a rallying cry applies to this amend- In fact, we have already made signifi- half-trillion dollars over the 3-year pe- ment—no taxation without representa- cant progress which I have talked riod as contemplated. tion. I say it again: No taxation with- about earlier. This amendment also violates a fun- out representation. It is permanently Consider what happened over the damental principle upon which our Na- embedded in the earliest of our school- past 15 years. In 1981, the deficit was

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2010 CONGRESSIONAL RECORD — SENATE February 2, 1995 $79 billion, but then President Reagan’s Mr. President, this amendment could will cease if you have any hair, and if huge military buildup, combined with go down as one of the most tragic mis- you do not have hair, it will grow hair, tax cuts for the wealthiest Americans, takes ever made by this Nation. I hope and your teeth will whiten, and your led to massive borrowing on an unprec- that my colleagues will face up to the marriage will probably improve. Well, edented scale. By 1992, Republican poli- reality of the situation. As has been never mind what is in the bottle, Mr. cies had increased the deficit from $79 said before, you can run but you cannot and Mrs. America. Truth in labeling billion to $290 billion. Since President hide. That is what happens if we pass does not apply here. Truth in adver- Clinton began to reverse those policies, this amendment without detailing how tising has no place in this debate. Just however, there has been a dramatic im- it is that we are going to balance their swallow this magic elixir and all will provement. The deficit this year will budget and how it is that we are going be well. be about 40 percent smaller than in to deal with the responsibility and The American people are usually President Bush’s last year. For the maintain it where it belongs, in the first time in a decade we will have re- House and in the Senate. good consumers. They are smart con- duced the deficit for 3 consecutive I urge my colleagues in the strongest sumers. They read the labels on the years. The number of Federal employ- possible terms to reject it. grocery store shelf to get the fat con- ees is the lowest since the Kennedy ad- I yield the floor. tent of the food they purchase. They ministration. And though much re- Mr. BYRD addressed the Chair. read the labels on the cans of food that mains to be done, we have shown that The PRESIDING OFFICER (Mr. they buy. I know that I do. I want to it does not take a constitutional ABRAHAM). The Senator from West Vir- find out how much fat there is in the amendment to reduce the deficit in a ginia. contents, how much sodium, how much meaningful way. Mr. BYRD. Mr. President, I thank my cholesterol, and how much by way of The irony, Mr. President, is that distinguished colleague, Mr. LAUTEN- proteins and carbohydrates, and so on. passing the balanced budget amend- BERG, for his excellent statement. He They look under the hood of cars that ment actually will make it far less has very eloquently stated the clear they buy. They kick the tires. They likely that Congress will balance the and present dangers with which this squeeze the cantaloupes and the cab- budget any time soon. This amendment amendment is fraught. bage heads and the other vegetables does not require a balanced budget Mr. President, I thank the Chair for that they buy. They read the fine print. until the year 2002. Meanwhile, Mem- momentarily indulging me. bers who vote for the amendment will And by law that fine print has to be I have listened to the claims of the placed on those labels. be able to point to their vote as evi- proponents of the constitutional dence of their supposed commitment to amendment for several days now. I But, I do not believe that the U.S. fiscal discipline. I called it a coverup, compliment them on their dedication Senate is helping the people to exercise and I use the same term now. What do to their cause as they see it. I respect their prowess as good consumers with you want from me? I voted for a bal- their viewpoints. I respect their sin- the debate so far on this floor. anced budget. Yes; I did not do my cerity. I realize that not everyone will We are not discussing national prior- share by cutting expenses properly or agree with my viewpoint. ities. We are not spelling out the con- balancing revenues with expenses, but I I commend the distinguished Senator tents of this snake oil amendment. We did vote after all for a balanced budget from Illinois [Mr. SIMON] for his stead- are not talking about what should or amendment. It is hide and seek. Hide fast adherence to the belief that the should not be on the chopping block for the mission and seek the culprit. way to get our deficits under control Meanwhile, Members who will have cuts. We are not debating the impact and lower the interest on the debt and voted for the amendment can draw a such an amendment might have on the reduce the debt is to adopt a constitu- degree of satisfaction, not for the job economy. We are not talking about the tional amendment on the balanced done but for escaping responsibility. If hard choices that will have to be made you can say that you voted for a bal- budget. I respect his viewpoint. I differ by somebody if we enact this amend- anced budget, why bother to antago- with it. But we can differ as friends and ment. we do differ as friends. nize constituents by cutting their ben- The proponents have steadfastly re- efit programs or raising taxes? There is I also speak with respect to the distinguished Senator from Utah, [Mr. fused to lay out a plan to get to bal- far less incentive to make those hard ance. Take it on faith, America. It will choices. HATCH] the chairman of the Senate Committee on the Judiciary who, like- be good for the Nation. I ask the Amer- Mr. President, we should not play ican people this question. How will you games with the American people. We wise, is a very formidable and principled supporter of the proposal. know if this amendment will be good do not want to shift, or should not for the Nation, if you do not know shift, the burden of our responsibilities I think they are wrong. They think I am wrong. But it is the people out what cuts will be made, how much each to the judiciary. Let us not put off the State, how much each county, how hard decisions for another 7 years. Let there that we hope to try to persuade as to which viewpoint is the right one much each municipality across this us take personal responsibility for the land will have to absorb as a result of problem and make those tough choices under the circumstances that obtain. the cuts, how much your State taxes now. So, I have listened to the claims of In conclusion, Mr. President, I the proponents of the constitutional will rise as a result of Federal cuts, strongly support cutting wasteful amendment for several days now. As I what will happen to Federal aid to edu- spending and reducing our deficit. I listen, it seems to me that the pro- cation, what will happen to Medicare, want to work with my colleagues to ac- ponents are selling this amendment what might happen to our ability to tually cut the spending and close tax very much as the oldtime peddlers sold compete with other countries in the loopholes. This balanced budget pro- tonic and liniments, kidney pills and global marketplace, what the amend- posal does not help reach that goal. Its snake oil. To hear the proponents tell ment might mean in terms of clean proponents refuse to spell out what it, this amendment will cure every- water, clean air, veteran’s pensions, steps they would actually take to re- thing that is wrong with America the national defense? In short, what is duce spending. Whose benefits will be today. Just take a good swig of this good for the Nation cannot be deter- cut and whose taxes will go up? But magic tonic, Mr. and Mrs. America, mined without these critical details. one thing we do know for sure. The im- and your problems will disappear. Your To claim otherwise is simply untrue. pact on our Nation could be disastrous. head will stop aching, your arthritis The American people are entitled to It could hamstring our ability to re- will clear up, your fingernails will grow more than a wink and a nod and an spond to economic and other emer- long and strong, your taste buds will empty promise. We cannot treat the gencies, undermine our entire Social tingle, your hearing will become more American people like children. If they Security system, rob us of investments acute, you can throw away that old want us to balance the budget, we must for our future, and allow unelected and hearing aid, your eyesight will sharp- honestly try to do it, but we must also unaccountable judges to impose huge en—you can just pitch those glasses honestly tell them what it will take tax increases on ordinary Americans. out in the garbage can, your dandruff and that it will mean radical changes

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2011 in their personal lives. We owe the peo- and trust us with the mother of all de- is to make intelligent, well-informed ple that. To do less is to betray their cisions? That is what we are talking decisions in their behalf and in their faith in sending us here. about. How in the world do we dare to best interests. We cannot do the job It is puzzling to me that after the re- ask the people and the Governors and they sent us here to do if we are simply sults of this election, when the people the mayors and the State legislators to going to be stonewalled by the pro- said that they were tired of Wash- make this giant leap of faith? ponents and prevented from knowing ington politicians telling them what to What will the people do if they do not what we are about to do to our coun- do, we come right out of the box with like the plan that emerges? What if we try. this proposed major, major, major adopt this amendment without laying Talleyrand, who was Napoleon’s for- change in our organic law and with the out the plan? Well, it will be too late eign minister, and who dominated poli- proponents claiming that the people do then. The contract with evasion will tics in Europe for 40 years, said, ‘‘There not need details. In other words, once have been signed, sealed, and delivered, is more wisdom in public opinion than again, we in Washington know what is right to your doorstep. Once the is to be found in Napoleon, Voltaire, or good for you, Mr. and Mrs. America. amendment is in the Constitution, the all the ministers of state, present and This balanced budget amendment is politicians do not have to listen to the to come.’’ And that is true. But there is good for you. You do not need to know people’s voices on the matter anymore. wisdom in public opinion only if the the details. Take the tonic. Swallow The politicians can cut and run. They public is informed, if the public is duly the snake oil. Do not read the label. can say we have to cut Medicare, and well informed about the subject on There is no label to read. Take our whether you like it or not, because the which a judgment is to be made. Wood- word for it. Constitution has this new amendment row Wilson said that the informing Well, if the American people let us in it and it says we have to; we have to function is as important as is the legis- get away with that dodge, then they do that. The politicians can say to the lative function of a legislative body. have done themselves a giant dis- States, you have to pay for these serv- Inform the people who send us here. service. ices now with hikes in your own taxes. At this point in time, this amend- If they swallow this quack medicine You told us to balance the budget in 7 ment is nothing more than a slogan. It without being sure that it will not be years, so we have to cut money to the has no teeth at this point in time. Its toxic to the system, they surely may States. Or the politicians can commit impact is unknown. It is nothing more regret the results. the ultimate act of evasion and say we than an empty promise. Many of the If the Governors and the mayors and cannot do this, Mr. and Mrs. America. Members who will vote on it will not the State legislators do not demand to We told you that we could, but it is too even be here when it has to be fulfilled. know just exactly what we have in harsh and we will not do it. The Presi- It is, in that sense, a fraud. It is a fan- mind when we talk about balancing dent will have to do it. He will have to tasy created for children, and the this budget in 7 years, then how can impound funds, or the courts will have American people are not all children. It they have an informed debate if and to order us to balance the budget, and is an illusion without substance. It is when the matter rests squarely on they will also have to tell us which cotton candy for the public mind. It is their doorsteps? How will they explain taxes to raise and which programs to Tinkerbell on wings of gossamer. to their own constituents what the cut. Disneyland has really come to Wash- amendment means? What then will we have done to our ington after all. But the American peo- If I were a Governor contemplating country? What then will we have done ple are not children and Senators are the enactment of this amendment, I to the Constitution, as written by the not elected to simply pacify the Amer- would be very, very nervous about any Framers 208 years ago? It has been in ican people with fairy tales. promises that I had made to lower effect now for 206 years. What then will Let us demand to know the pro- taxes. I know that I have heard some of we have done to representative democ- ponents’ plan to achieve a balanced the Governors throughout the land racy? budget by 2002 before we ask the States boast about how much they have cut We must not treat the people as chil- to decide and before we graft this pneu- taxes in the States. They want the dren. We must tell them the truth, matic excrescence, this wart filled with Senate to adopt this balanced budget even though it is inconvenient for us wind onto our time-tested Constitu- amendment, and they talk about how politicians to do so. What kind of Sen- tion. much they, the Governors, have cut ators are we if we simply pass this Mr. President, if this amendment is taxes in their States. I heard the Gov- amendment without ourselves knowing adopted, it will likely mean massive ernor from New Jersey speak about what it means? We say that the Amer- cuts in Federal spending over the next how many taxes she had cut and how ican people ought to know what it 7 years. much more in taxes she proposes to means. We, as their representatives in As the chart to my left states, the cut. Well, I have news for you, Gov- this great assembly, have a right to Congressional Budget Office estimates ernor, if this amendment is adopted, know what it means and have a duty to that a balanced budget amendment you will not be cutting taxes, you will ask what it means before we vote. would require a cut of $1.2 trillion in be raising taxes—and remember that. What kind of representation are we Federal spending by the year 2002. To With the magnitude of cuts that will giving to our people if we do not de- make matters worse, the so-called Con- have to be made to get a balanced mand to know the details of this pro- tract With America; which I did not budget by 2002, the States are going to posal before we vote on it? We as Sen- sign onto, Mr. President. I carry my have to pick up an awful lot of slack. ators cannot say, ‘‘Let this cup pass contract right here over my heart. Al- Essential services will have to con- from me,’’ vote on the amendment and exander the Great idolized ‘‘The Iliad’’ tinue. Unemployment, dirty air, dirty then let us tell the people what is in it. and he kept a copy under his pillow at water, hazardous waste, hungry chil- We cannot say, ‘‘Let this cup pass from night. I keep a copy of my contract dren, natural disasters—all of these me.’’ We cannot say that we shall wash with America—right here, here it is— problems will still be with us. A bal- our hands of it. We have a duty to over my heart, the Constitution of the anced budget amendment will not those constituents who send us to this United States of America. It is a con- change any of those things. Not one. forum of the States to know what we tract that was signed 208 years ago, not State and local officials should know are doing, what we are buying onto, something that just blew up out of the what we here in the Congress propose and what we are about to perpetrate on wind before last year’s election. to do before they are asked to buy this the people, before we cast our votes. I To make matters worse, the so-called pig in a giant poke. We do not even say we will not be giving the people Contract With America calls for tax know if there is a pig in that poke. We very worthy representation unless we cuts—tax cuts; what a folly—tax cuts cannot even get a squeal out of that insist on it. I say we ought to feel like along with balancing the budget. This pig. If State and local officials do not backing up to the pay window if we would require a cut of $1.5 trillion in trust the Federal Government to make cannot do better. The American people Federal spending by the year 2002. decisions involving the States, how in pay us very well. We ought to be will- How much is $1 trillion? Count it at the world can they sit on their hands ing to do what they pay us to do, which the rate of $1 per second—32,000 years.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2012 CONGRESSIONAL RECORD — SENATE February 2, 1995 Now, you may ask, what will get Federal Government, all of which total the moment. But nevertheless, it would whacked? What will get whacked? less than half of the Federal budget. set out the total Federal dollars that What will get whacked? We have, therefore, exempted 55 per- would go to the top 20 States in 1995 for CBO tells us that if we were to cut all cent of the budget from cuts—Social 149 grant programs. Federal spending across-the-board, ex- Security at 22 percent, plus defense at The top prize goes to the State of cept interest on the debt, it would re- 18 percent, plus net interest at 15 per- New York, which will receive quire a 13-percent cut in all programs cent—and the $1.5 trillion in budget $22,261,068,000 in Federal grants. That is in the year 2002 alone. That means cut- cuts would have to come from this re- the total amount of dollars in Federal ting defense, Social Security, Medi- maining 45 percent of the budget. grants that the State of New York will care, Medicaid, veterans’ pensions, vet- That is all there is. There ‘‘ain’t’’ receive this year. That is 10.8 percent erans’ compensation, veterans’ medical any more. of the total grants for all States. care, prison construction and oper- Now, let us look at what this means Second prize goes to California. That ations, environmental cleanup, civilian when we have to take the cuts all from State will receive this year and military pensions, housing, edu- this remaining 45 percent of the budg- $21,661,615,000, or 10.5 percent of the cation, all student loan programs, in- et. Let us take a look at what this total Federal grants to States for 1995. frastructure investments on transpor- means. Third prize goes to Texas, tation projects, water projects, locks How do the States get stuck? How do $12,292,605,000, or 5.9 percent of the and dams, the FBI, national parks, the States get stuck? total. And these top three are followed food stamps, WIC, and the list goes on This chart to my left sets out the by Pennsylvania, $8,232,634,000, or 4 per- and on—all will have to be cut 13 per- Federal spending that will be subject cent; Florida, No. 5, $8,067,751,000, or 3.9 cent across-the-board. But, there are a to cuts, if one excludes Social Secu- percent. number of Senators who want to take rity, defense, and net interest. For fis- Ohio is No. 6, with $7,837,289,000, or 3.8 Social Security off of the deficit-cut- cal year 1995, the total spending that percent. Illinois is next, $6,858,553,000, ting table. If we do that, everything would be subject to cuts is $693 billion. or 3.3 percent of the total. Michigan, else will have to be cut 18 percent. This pie represents Federal spending $6,745,979,000, or 3.3 percent; New Jer- The so-called Contract With Amer- subject to cuts, once defense is taken sey, $5,523,542,000, or 2.7 percent; Massa- ica—which I did not sign. This is my off, once Social Security is taken off, if chusetts with $5,400,302,000, or 2.6 per- contract with America, the Constitu- it is, and once interest is taken off the cent; Louisiana, $5,300,141,000, or 2.6 tion of the United States. I have sworn table, which it has not been taken off percent; North Carolina, $4,741,842,000, 13 times to support and defend that the table. All three of these categories or 2.3 percent; Georgia, $4,638,039,000, or Constitution over the last 48 years—13 of Federal spending shown on this pie 2.2 percent; Indiana, $3,945,534,000, or 1.9 times. chart will have to be cut across-the- percent; Tennessee, $3,889,558,000, or 1.9 But it calls for increases, not cuts, in board by 30 percent—by 30 percent—in percent; Washington, $3,517,731,000, or defense spending. If we exempt inter- the year 2002 if we exempt Social Secu- 1.7 percent; Wisconsin, $3,407,554,000, or est, if we exempt Social Security, if we rity, defense, and net interest from any 1.6 percent; Missouri, $3,381,960,000, or exempt defense, then everything else cuts and if we enact the tax cuts being 1.6 percent; Minnesota, $3,010,222,000, or will have to be cut 22 percent. And the called for in the so-called Contract 1.5 percent; Kentucky, $3,004,724,000, or so-called Contract With America calls With America. This includes unem- 1.5 percent. for tax cuts which, if they are enacted, ployment benefits, veterans’ benefits, These are the top 20 States in terms will increase the across-the-board cut education programs, the FBI and the of receiving Federal grants in this fis- to 30 percent—30 percent. Justice Department, including prison cal year. I hope that these 20 States— This next chart to my left shows the construction and operations, the Judi- and all other States—recognize that Federal budget for fiscal year 1995. ciary and the Courts, infrastructure, these grants are going to be cut dra- That is all we have to go on as of now. health programs, safety programs, matically in the coming years if the The President will send us up his pro- health and safety programs for our balanced budget amendment goes into posed budget next week. In the upper food and water, aviation safety—in- effect, and those cuts will affect peo- left-hand corner, we see that total cluding air traffic control—civilian and ple. Those cuts will affect people in spending for 1995 equals $1,531 billion; military retirement, all agriculture every State throughout the land. in other words, $1.531 trillion. Of that programs—all of them—national Mr. President, I ask unanimous con- amount, 22 percent, or $334 billion, will parks—national parks, I say that to sent that the table to which I have just be spent on Social Security; 18 percent, the West in particular—highways, referred be printed in the RECORD. or $270 billion, will be spent this fiscal transit, environmental cleanup, NASA, There being no objection, the table year on defense; net interest on the na- research and development, the NIH, was ordered to be printed in the tional debt will take up $235 billion, or and on and on and on. If we want to ex- RECORD, as follows: 15 percent of the whole budget; Medi- clude any of the spending shown on the care will take up 11 percent, or $176 bil- pie chart, then everything else will FEDERAL DOLLARS TO THE STATES—FISCAL YEAR 1995 lion; State and local grants will take have to suffer an even larger cut than FUNDING FOR 149 GRANT PROGRAMS up $231 billion, or 15 percent of the 30 percent. If we exclude Medicare, for Percent total; and all other Federal spending in example, then the cut that would be re- State Amount of total fiscal year 1995 will equal $286 billion, quired for everything else would rise New York ...... $22,261,068,000 10.8 or 19 percent of the Federal budget. from 30 percent to a cut of 46 percent. California ...... 21,661,615,000 10.5 What is it that could be cut from this Can you imagine the devastation this Texas ...... 12,292,605,000 5.9 Pennsylvania ...... 8,232,634,000 4.0 and future budgets if this constitu- would cause throughout the Nation? Florida ...... 8,067,751,000 3.9 tional amendment requiring a balanced Now, let us examine the effects that Ohio ...... 7,837,289,000 3.8 Illinois ...... 6,858,553,000 3.3 budget is put in place? Well, as I have this level of cuts would have on the Michigan ...... 6,745,979,000 3.3 said, there is strong interest in ex- States. This is the forum of the States. New Jersey ...... 5,523,542,000 2.7 Massachusetts ...... 5,400,302,000 2.6 empting Social Security—they want to Let us examine the effects that the Louisiana ...... 5,300,141,000 2.6 exempt Social Security—so let us take cuts would have on the States. North Carolina ...... 4,741,842,000 2.3 Georgia ...... 4,638,039,000 2.2 that slice out of the pie. Then, the so Which States get the sharpest stick Indiana ...... 3,945,534,000 1.9 called Contract With America says we by the knife? Which States get the Tennessee ...... 3,889,558,000 1.9 Washington ...... 3,517,731,000 1.7 cannot cut defense, so let us take that sharpest stick by the knife? And that Wisconsin ...... 3,407,554,000 1.6 slice out of the pie. Then, as we all is some knife, I want to tell you, and Missouri ...... 3,381,960,000 1.6 Minnesota ...... 3,010,222,000 1.5 know, we cannot cut the interest on they will know when they are stuck Kentucky ...... 3.004,724,000 1.5 the debt—we all agree on that—so out with that knife. They are going to comes that piece of the pie. So, lo and bleed. Source: OMB, Budget Information for States—Fiscal Year 1995. behold, what do we have left? All that This chart sets out the total Federal Mr. BYRD. Mr. President, now let us we have left to cut are: Medicare, State dollars that will go to the top 20 explore what these Federal grants to and local grants, and the rest of the States. I have set aside that chart for the States consist of. What do the

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2013 States use this money for? What do the cent; Hawaii, 6.8 percent; Idaho, 9.9 per- Mr. BYRD. Mr. President, I hope that cuts mean to you, Mr. and Mrs. Amer- cent; Illinois, 11.6 percent; Indiana, 13.8 my remarks today will have helped to ica, and your children? What do the percent; Iowa, 10.9 percent; Kansas, 13 shed light on the devastation which cuts mean to you and your children? percent; Kentucky, 14.5 percent; Lou- will take place if we do not muster up This next chart sets out what these isiana, 27.8 percent; Maine, 17.5 per- the courage to say no to the balanced grants to State and local governments cent; Maryland, 9.9 percent; Massachu- budget amendment now before the Sen- consist of in fiscal year 1995, ‘‘Grants setts, 12.6 percent; Michigan, 13.2 per- ate. It does not make any difference, to State and Local Governments in cent; Minnesota, 9.4 percent; Mis- Mr. President, if you have a vocabulary Fiscal Year 1995.’’ The largest amount sissippi, 20.8 percent; Missouri, 15.5 per- of 10,000 words, make it 20,000, make it goes to the States for Medicaid—$102 cent; Montana, 19.8 percent—up go 30,000. If you cannot say no, then all of billion, or 44 percent of the total. Then, your taxes; Nebraska, 13.3 percent; Ne- that vast vocabulary will not amount going counterclockwise on the chart, vada, 6.2 percent; New Hampshire, 17.6 to a great deal. We have been elected we see that transportation grants to percent; New Jersey, 12.7 percent; New by the people to come here and to work the States equal $24 billion, or 10 per- Mexico, 12.9 percent; New York, 17.4 hard to develop and enact legislation cent of the total. Next, we have income percent; North Carolina, the State in that is in their best interest—not in security programs which total $54 bil- which I was born and whose motto is ours as politicians, not what will get us lion in grants to the States for such ‘‘to be rather than to seem, 11.1 per- votes in the next election or the next things as AFDC, Section 8 and other cent; North Dakota, 19.7 percent; Ohio, one or the next one, but in the best in- housing, school breakfast and lunch 14.4 percent; Oklahoma, 12.4 percent; terest of the people. Surely we can programs, and WIC. Then we come to Oregon, 12.2 percent; Pennsylvania, 12.7 screw up our courage to the sticking grants for education, training, employ- percent; Rhode Island, 21.4 percent; place to stay the course and continue ment, and social services, which total South Carolina, 14.3 percent; South Da- to cut the Federal deficit in respon- $35 billion in fiscal year 1995. Finally, kota, 24.7 percent; Tennessee, 19.5 per- sible doses. We cannot afford to risk there is the category designated ‘‘all cent; Texas, 14 percent; Utah, 11.4 per- the economic security of this Nation other,’’ which equals $16 billion, or 7 cent; Vermont, 17.4 percent; Virginia, by passing this unseen pig in a very percent of the total. This category in- 8.2 percent; Washington, 8.4 percent; large poke. cludes grants to the States for commu- West Virginia, 20.6 percent; Wisconsin, I remind the Governors, Mr. Presi- nity development, health, water infra- 10.3 percent; and Wyoming, 18.7 per- dent, that the devastation to the structure, disaster assistance, justice cent. States, as shown through these charts, assistance, including law enforcement Mr. President, I ask unanimous con- is going to happen irrespective of the programs such as ‘‘cops on the beat’’, sent that the table to which I referred recently passed, highly touted un- and the Federal payment to the Dis- showing these tax increases be printed funded mandates legislation. Congress trict of Columbia. in the RECORD. will brush that aside. It only takes a A large part of all of these programs There being no objection, the table majority vote. That is not binding on will obviously have to be picked up by was ordered to be printed in the the next Congress, not even binding on the State and local governments if the RECORD, as follows: this one, if Congress chooses to brush balanced budget amendment goes into it aside. That bill is not going to pro- effect. What will that mean to the TAX INCREASES TO OFFSET SPENDING CUTS tect one single State from the costs budgets of the various States? and responsibility of dealing with their I say to the State senators out Required State tax problem absent Federal dollars. If there—and I once was one—I say to the State increase State officials are leaning on the weak members of the House of Delegates in (percent) reed, the flimsy reed of the unfunded West Virginia and the lower houses in Alabama ...... 16.4 mandates bill, they are badly mis- other States—and I was once one of Alaska ...... 9.8 Arizona ...... 10.4 taken. It will be as a straw in a hurri- those members—what will that mean Arkansas ...... 16.5 cane; as a leaky boat in a tidal wave. to your budgets, the budgets of the var- California ...... 9.2 I say to the American people, no Colorado ...... 11.8 ious States? Will Governors and State Connecticut ...... 11.2 one—no one, no one—is going to escape legislators have to increase State taxes Delaware ...... 7.2 the wrath of the balanced budget man- District of Columbia ...... 20.4 in order to continue to provide ade- Florida ...... 10.2 date. quate services for these programs that Georgia ...... 12.0 We cannot run to the mountains and Hawaii ...... 6.8 we have been talking about here? Ac- Idaho ...... 9.9 pray that the rocks will fall upon us, cording to the Treasury Department Illinois ...... 11.6 put us out of our misery. No one can Indiana ...... 13.8 they surely—surely—will. Iowa ...... 10.9 come to this floor and, in all honesty, They will have to increase State Kansas ...... 13.0 tell the people of America that they Kentucky ...... 14.5 taxes in order to continue to provide Louisiana ...... 27.8 will escape real pain under the amend- adequate services for these programs. Maine ...... 17.5 ment. Maryland ...... 9.9 The chart to my left was prepared Massachusetts ...... 12.6 Finally, I remind my colleagues that based on information provided by the Michigan ...... 13.2 the American people have a right to Minnesota ...... 9.4 U.S. Treasury Department to the Na- Mississippi ...... 20.8 know what is going to happen to them tional Governors Association. It is the Missouri ...... 15.5 as a result of the balanced budget Montana ...... 19.8 Treasury Department’s opinion that Nebraska ...... 13.3 amendment, if it is riveted in the Con- State taxes would have to be raised by Nevada ...... 6.2 stitution. New Hampshire ...... 17.6 the percentages shown on this chart if New Jersey ...... 12.7 A new poll, in fact, underscores the States are to fully replace the reduc- New Mexico ...... 12.9 people’s demand to know what will New York ...... 17.4 tions in Federal grants that will occur North Carolina ...... 11.1 happen to them at this time shows if the balanced budget amendment goes North Dakota ...... 19.7 overwhelming public support for the Ohio ...... 14.4 into effect under the terms I have pre- Oklahoma ...... 12.4 ‘‘right to know.’’ viously stated. Oregon ...... 12.2 This poll, released just this morning, State legislators in Alabama would Pennsylvania ...... 12.7 Mr. and Mrs. America, my colleagues Rhode Island ...... 21.4 have to increase their State taxes by South Carolina ...... 14.3 on the right and on the left, this poll 16.4 percent; Alaska, 9.8 percent; Ari- South Dakota ...... 24.7 released just this morning by the Tennessee ...... 19.5 zona, 10.4 percent; Arkansas, 16.5 per- Texas ...... 14.0 American Association of Retired Per- cent; California, 9.2 percent; Colorado, Utah ...... 11.4 sons and conducted by the Wirthlin Vermont ...... 17.4 11.8 percent; Connecticut, 11.2 percent; Virginia ...... 8.2 Group, shows that support for the Delaware, 7.2 percent; District of Co- Washington ...... 8.4 ‘‘right to know’’ cuts across party West Virginia ...... 20.6 lumbia, Lord knows how much, but the Wisconsin ...... 10.3 lines: 68 percent of the Republicans, 77 Treasury Department says 20.4 percent; Wyoming ...... 18.7 percent of the Democrats, and 83 per- Florida, 10.2 percent; Georgia, 12 per- Source: Department of the Treasury, Jan. 12, 1995. cent of the independents want to know

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2014 CONGRESSIONAL RECORD — SENATE February 2, 1995 what will be cut. And they want to But I also think the Senator is were trying to guard against. Avoiding know what will be cut before Congress wrong. If I did not believe that I would this was the work of Madison and Jef- passes a constitutional amendment to not be out here fighting for a balanced ferson and Washington. balance the budget. Not afterwards. Be- budget amendment. He knows that. I might have a number of others who fore. And he knows that I believe this very are maybe not quite as well known, but In addition, 85 percent agree that So- deeply, as he believes his position. And certainly well known by my friend cial Security should be exempted from I respect him for his commitment to from West Virginia, who is a great the amendment. But under House Joint his position. scholar of history, and especially the Resolution 1, Social Security is not ex- He has taken a goodly amount of history of this country. We know the empt. It is on the chopping block no time, but not enough, perhaps, to ex- Federal Government right now means a matter what anyone says. plain his position. I think it is critical lot to the States because they cannot If this amendment is passed, what that the American people see the two make a move without its consent. will Senators say to their constitu- sides of this subject and I do not know We also know that if we pass a bal- ents? How will Senators explain the of anyone in the body who could have anced budget amendment, every dollar fact that, despite the public’s desire to articulated his side any better. will become more valuable. If we pass a know beforehand what cuts will be I think a lot of this great Senator balanced budget amendment that stops made, Senators took it upon them- and, when histories of the Senate are this continual drop into the abyss of selves to substitute their wills, our written to include his time here, cer- deficit spending, which we have been wills for the will of the people out tainly he will be shown to have played doing now for 60 years, certainly 26 of there. Talk about arrogance. That is a pivotal and very important role in the last years in unbalanced budgets, the height of arrogance. the history of this institution. and in recent years because of Great So I implore my colleagues to heed But let me just see if I can respond to Society programs, these reasonable— the wisdom of the people. Let us tell some of the things my friend and col- reasonable is not the word—this over- the American public what is involved league has said. First of all, the Amer- whelming desire by everybody to do ev- here. Tell them and tell them now. ican people are not stupid. They know erything good for everybody in our so- That is what the people in the poll that this Federal Government is a ciety. want to know. Let us not continue this money eating machine. They know We now have deficits that, after the vow of silence. Let us not close out the that billions, hundreds of billions of turn of the century, are going to be sunshine. Let us not pull the shutters dollars are eaten up right here in over $300 billion a year, and the inter- on the windows and shut out the scru- Washington, without much care for the est against the national debt has now tiny of the public. American taxpayers. become the second highest item in the Mr. President, Shakespeare, in They also know that we have built Federal budget. And it is going up ex- ‘‘Timon of Athens’’, said it best: the most gargantuan bureaucracy in ponentially with compound interest. The devil knew not what he did when he the history of the world. Keep in mind, We all understand compound interest, made man politic; he crossed himself by’t: our Founding Fathers wanted to have a do we not? The interest just starts to and I cannot think but, in the end, the central Government that was limited, multiply like you cannot believe. If we villainies of man will set him clear. not all-embracing; where the people in do not get control over the spending of Chief Justice Marshall in McCulloch the States do not just look to the Fed- this all-eating, voracious, money-grub- versus Maryland said: eral Government to solve all their bing Federal Government, if we do not We must never forget, that it is a Constitu- problems, but where they solve them bring it to heel, then all of these gifts tion we are expounding. for themselves for the most part. The and grants to the States that the dis- Mr. President, if I might add my own Federal Government as originally in- tinguished Senator has so eloquently modest footnote, we must not forget tended was to be a limited Government spoken about are not going to be worth that it is a Constitution that we are to take care of our national security anything anyway, assuming that we amending. interests, to do the few commerce can afford to make any more of them. Mr. President, I am prepared to yield things that should be done by the Fed- They are going to look to us and say, the floor unless a Senator wishes to eral Government: To watch over the ‘‘You people did it to us. You did not ask me a question. public welfare. have the guts to balance the budget.’’ I yield the floor. I think our Founding Fathers would Let me just say this about my friend The PRESIDING OFFICER (Mr. be absolutely devastated if they saw from West Virginia. He has the guts. I THOMPSON). The Senator from Utah. the state of the Federal Government believe in him with regard to his com- Mr. HATCH. Mr. President, there are today. If they saw the domination of ments that he would balance the budg- very few people in this body who have the States by the Federal Government et. He would find ways to do it. I think more respect, in fact I do not think that we have going on today, if they he would do everything in his power to. there is anybody who has more respect saw the way the Federal Government I believe that. I have faith that he for the distinguished Senator from soaks up the public’s money today, if would do that. West Virginia than I have. I learned they knew—as some argue very elo- But when he was majority leader, he early in my Senate career that he is quently, maybe not as eloquently as was not able to do that, not because he very, very formidable. And he is, I my friend from West Virginia—that of did not try. He could not. People in think, one of the people who is the all the public welfare money that we both parties spent us right down the most dedicated to this body and to spend through the Federal Govern- drain. He tried as President pro tem- what the Senate means in the United ment, this wonderful stuff we do for pore, certainly one of the most dig- States of America. the States—when it comes to welfare nified and knowledgeable people in this I might mention that I believe that only about 28 percent of every dollar body, if not the most dignified and he is as dedicated to the Constitution gets ultimately to the people who need knowledgeable. He could not do it then, as anybody I know. And I also believe it. and neither could I. Neither could the that he is, without question, without We in the Federal Government act Senator from Illinois. Neither could a peer with regard to Senate rules and like we know more about what people lot of us who want to get this tremen- procedure. I have had personal experi- need than they do, so we study things, dously expensive Federal Government ence of being on the wrong side of the we build bureaucracies, we hire soci- under control. distinguished Senator from West Vir- ologists and Ph.D.’s and other special- We have reached a point really of no ginia and I admire him and care a great ists and experts and we use up the peo- return, that if we do not do what is deal for him. I do not know when I ple’s money here like it is going out of right now, all this money, these hun- have heard a more interesting set of re- style while the people who need it—the dreds of billions, trillions of dollars marks than he has just given to the people we are supposedly helping—get that the distinguished Senator from Senate this day. I think we should all 28 percent of it. That is what is wrong West Virginia is talking about that go pay heed to what he has said. I think with a bloated Federal Government. to the States over the years are not his comments are important. That is what the Founding Fathers going to be worth anything. Then what

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2015 happens to those who need health care? majority of those voting. It is a major- ning water, clean water. People quit What happens to women and children ity of the whole number of both having typhoid fever and the farmers who need women’s, infants’, and chil- Houses. You have to have 51 votes in got low-interest loans. As a matter of dren’s programs? What happens to food the Senate, 218 in the House. fact, the Government built houses for stamps? Will we be able to pay for Mr. BUMPERS. Will the Senator them. them? If so, are they going to be worth yield for a question? I could go on about rural electrifica- anything? We know a lot of them are Mr. HATCH. Sure. tion, which saved my father’s business. being picked up by the Mafia in ex- Mr. BUMPERS. I did not utter one He was a small hardware merchant. As change for drugs and booze, and then word yesterday on the balanced budget a result of rural electrification he was they make a lot of money cashing in amendment. But I want to serve notice able to sell refrigerators, radios, those food stamps at a tremendous cost that I am going to. ranges, all of those things. to the American taxpayer. Mr. HATCH. Does the Senator want So I think Government does some Let me tell you something. I enjoyed to do that now? I will be happy to con- things well. And we could face a time the comments of the distinguished Sen- clude this. I do want to make a few like the Depression again if we have 41 ator about magic potions and elixirs more points. obstreperous Senators saying, ‘‘No; and snake oil. I know a lot about those Mr. BUMPERS. I really apologize for that does not fit with my philosophy.’’ things because I have been watching interrupting the Senator. I do want to The distinguished Presiding Officer the Congress for these last 18 years as say I am not so concerned about the re- comes from a State where we built I have sat here. You talk about snake quirement of a constitutional 60 per- TVA power, and the people of Ten- oil. You talk about magic potions and cent, three-fifths vote in the Senate to nessee enjoy very low rates as a result elixirs. You can find them here every balance the budget. That will almost of TVA power. I promise you, he does day in budgetary matters because Con- certainly happen. not think Government is all bad, ei- gress is not willing to do anything I had my staff do a study of all the ther. about deficits and spending. appropriations bills for fiscal year 1995. All I am saying is, if those things I have heard people time after time Last year, the average vote for all of happen—and they most certainly will say this, and they are courageous in the 13 appropriations bills was 84.5 at some point—what happens? I do not standing up here and saying we have to votes in the Senate. So I expect it is believe in Government by minority do it; we have to get control of this not going to be too difficult to get 60 rule. That is what we will have. thing, and we have to balance the votes to override the amendment. But Mr. HATCH. Neither do I. budget, and it stops here with us. The my concern is not that. My concern is Mr. SIMON addressed the Chair. problem is for all of my 19 years, it has the potential damage that can be done Mr. BYRD. Mr. President, may I ask never stopped once. It is not going to, by 41 obstreperous ideologues who care the Senator to yield? He mentioned my either, without a mechanism in the more about their ideology than they do name. Constitution that encourages us to do the future of the country. Mr. HATCH. Let me yield first to the it. Let us assume we are in a recession distinguished Senator from Illinois, By the way, this balanced budget headed for a depression, and every and then I will be happy to yield. amendment does not cut all of these economist in the country tells us the Mr. SIMON. Yes. I would like to re- things out. It does not say that we only way in the world you can head off spond to my friend from Arkansas. have to balance the budget. We do not massive unemployment and massive First of all, I believe that Government have to balance the budget under this social and cultural disaster is for the can do very good things. I believe it amendment if we do not want to. The Government to create job-producing more than my friend from Utah does. I only difference is instead of playing projects. And 41 Senators, far fewer am for a WPA program right now. I put games here on the floor of the U.S. than a majority, can say, ‘‘We don’t in the RECORD yesterday an article by Senate and in the House with voice care what the economists said. We are a distinguished economist, as well as a votes and a lot of ways of hiding so the for a balanced budget. And we are not couple of other things by other econo- American people do not know who is going to stand for allowing 60 Senators mists, saying that the evidence now is voting to spend all of this money, we to unbalance this budget.’’ So the that because of the heavy debt we have to vote if we do not want to bal- country goes right into the tank. have, we simply are not responding. ance the budget. If we are going to That is my real concern. I am inter- You can remember when the Presi- have a deficit, we are going to have to ested in the reaction of the Senator. dent of the United States, when he first give a three-fifths vote to do it. I am Mr. HATCH. That is a good question, came in, asked us for $15 billion for a not saying that is insurmountable. I and I think one deserving of an answer. jobs program, but because of the def- have seen debt ceilings lift where we First of all, you will never get all the icit, we could not do it. Fred Bertston, did not need a three-fifths vote, not economists to say the Government has a former Assistant Secretary of the many. But from this point on, I have to to help us solve the employment prob- Treasury, whom you know, has said, if say it will be money in the bank for lem or that make-work jobs are going you had asked him 10 years ago would the American people because they will to get us there. he be for a constitutional amendment know who did it to them from this Mr. BUMPERS. Again, just so we requiring a balanced budget, he would point on, if this amendment is adopted make this point, I am one of the people have said absolutely not. He says, and ratified. in this body, along with the distin- ‘‘Now I think it is essential.’’ The only By the way, if we want the Presi- guished Senator from West Virginia, way he says you are going to have a re- dent’s solution for deficit reduction, who remembers well the Depression. I sponse to recessions that is adequate is which is to increase taxes like he did was just a child. We were very poor. to build up about a 2-percent surplus, last year, with the largest tax increase There was no snob value in it. Every- give the President the authority to rein history, which some have praised body in town was poor. But I can respond with certain specific programs here on the floor during this debate, by member. when unemployment goes above a cer- gosh, we can do that. All we have to The reason I still believe in Govern- tain level in various States. have to do that is a constitutional ma- ment is that the Government did some I would say, finally, to my friend jority here on the floor of the Senate good things and created jobs at the from Arkansas, where we have re- and on the floor of the House. same time. They helped us pave our sponded is in the extension of unem- What does that mean? If we have 51 streets where we choked to death on ployment compensation. I went back Senators here, we have a quorum. We dust and mud. We lived a block from over several decades when we have ex- could vote on anything, by and large, Main Street, and you could not get tended unemployment compensation. I or should I say most anything, by a there when it rained. I can remember could find only one time—in 1982— majority vote. We could have 26 votes when we got an indoor john for the when we did not have more than 60 for and 25 against and, by gosh, it first time. We were rich. Before that we votes to respond to that. So the reality passes. With a constitutional majority, had a ‘‘two-holer’’ out back. Most peo- is that we are frozen by this huge def- you cannot do that. It is not a mere ple just had a ‘‘one-holer.’’ We got run- icit from responding adequately now.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2016 CONGRESSIONAL RECORD — SENATE February 2, 1995 We can build in a system where we can The fact of the matter is, what this of the aisle in the other body were respond much more adequately to re- amendment always represented itself present. We agreed on a package that cessions than we now do. to be, and what it always will be, is an would reduce the deficits over a period Mr. HATCH. If I could add something amendment that says, hey, Members of of 5 years by something like $482 bil- to that. I agree with the distinguished Congress, the game is over. You are lion. And then in 1993, working with Senator from Illinois. I am not fighting going to have to vote if you want to in- President Clinton, the Democratic Con- with the Senator from Arkansas. There crease the deficit. You are going to gress enacted legislation that, over a is no question, the Government can have to vote if you want to increase period of 5 years, reduces the budget play a role. Where you have valid so- taxes. Both votes are more significant deficit by $432 billion. I know it really cial programs, I do not think you than a majority vote. And you are cuts, because we froze domestic discre- would have a rough time getting a going to have to have a three-fifths tionary spending, and because of that three-fifths vote. vote. If you want to increase the def- package, we are presently operating We are talking about a bigger picture icit, you are going to have to have a under a freeze. So we really cut discre- than that. The force of this amendment constitutional majority to increase tionary spending, which includes both is that you have to vote, you have to taxes. defense and domestic. vote. You are going to have to have a My personal belief is that it will be Mr. President, I say to my friend three-fifths vote to increase the deficit much easier to get that three-fifths that when the time came to vote on as a whole. You are going to have to vote to increase the deficit than to get that package, where was the courage? make priority choices among com- a constitutional majority to increase The Congress, under Democratic con- peting programs. I remember the de- taxes. I have no doubt in my mind trol in both Houses, demonstrated the pression, too. I was born and we lost about that. But both of them point us courage to do something about it. We our home right after I was born. We in the right direction by saying, look, enacted that package, cutting $432 bil- also did not have indoor facilities for we have to work on making priority lion over a period of 5 years. We en- many of the early years of my life. It choices. We just cannot fund every- acted that package, but without the has been said of me that I never pass a thing anymore, and anybody with any help of a single vote from my friend’s bathroom. Having to walk 100 yards in modicum of sense knows that. We can- side of the aisle. Not one Republican the mud was no fun for me, and I did not fund everything anymore. We have Senator from these 50 States, not one that all too often. to make priority choices and keep the Republican House Member from these But the fact of the matter is that we best programs we can, and we might 50 States, screwed up the courage to are talking about a much bigger pic- have to wait for a few years to get vote for that package, which cuts defi- ture here than any single program. We some of these less important programs. cits, over a period of 5 years, by $432 do not even have to balance the budget Mr. BYRD. I thank the Senator. My billion. under this amendment, but it does friend, the Senator from Utah, is now And so, it was the Democrats in the point us in the right direction, it does telling the Senate and the American Senate and in the House who dem- give incentives, and it makes us vote people that this amendment does not onstrated a willingness—I refer to the on whether we are going to have deficit require a balanced budget. Senator’s statement, when he said we spending or whether we are going to in- Mr. HATCH. That is right. are unwilling to do anything about it— crease taxes or whether we are going to Mr. BYRD. That is precisely what it was the Democratic Senators and do both. I am not saying we cannot do this amendment is being sold as. The Democratic House Members under both. I think under strenuous times, American people are being told—and I Democratic leadership and working such as war, severe depression, or re- have heard it said by many of the pro- with a Democratic President who dem- cession, we are going to get the votes. ponents on the floor this week al- onstrated a willingness to cast a hard I also believe if there were obstrep- ready—that this is the way to balance vote and to make some hard choices in erous minorities of 41, they are going the budget. ‘‘We have to have some- the 1993 reconciliation bill. to find a rough time at the ballot box thing to force us to balance the budg- So let it not be said that Congress if that is what happens. It is the same et.’’ does not have the courage to do it. I with those who always want to spend The distinguished Senator from Utah say why do we not do it again? Why do regardless of whether we have the is saying that this amendment does not we not do it, I say to my friend? Why money. They can do it if they get con- require a balanced budget. I think we do we not do it again? trol of the Congress and if they have a ought to tell the American people that. constitutional majority vote to raise Mr. HATCH. I have. If the proponents of this amendment taxes, but they are going to pay a price Mr. BYRD. I read this in the first sec- have—pardon me for imposing on the at the polls. tion: ‘‘Total outlays for any fiscal year time; I will just say this and I will sit Those are just some of the values of shall not exceed total receipts for that down—but if the proponents of this this amendment. I said I would yield to fiscal year.’’ amendment have two-thirds of the vote my dear friend and colleague from I know there are some loopholes to adopt this constitutional amend- West Virginia. I did not mean to say so whereby we might vote by three-fifths ment in the House, and two-thirds of much before I yielded. of a majority of each House, about the vote in the Senate to adopt this I yield to the Senator from West Vir- which I will express myself at another constitutional amendment, meaning ginia. time. But this amendment, we are now they have 290 votes in the House and 67 Mr. BYRD. I thank the Senator. He being told, does not require a balanced votes in the Senate, if they have the always treats me with the utmost budget. votes to adopt this constitutional courtesy. Let me ask the Senator this: He also amendment, why do they not get on Mr. HATCH. Deservedly so. said in his statement that we—mean- with passing bills now? It only takes a Mr. BYRD. I heard the Senator say, I ing the Congress—are unwilling to do majority of each body to pass bills, not believe, that this amendment does not anything about it—meaning these mas- two-thirds. Why do we not get on with require that the budget needs to be bal- sive deficits; we are unwilling to take it now? Why wait 7 years? anced. the courageous action that is needed to Mr. HATCH. Mr. President, I think Mr. HATCH. It is not required. bring them under control. We are un- that is a legitimate question. But keep Mr. BYRD. This amendment is being willing to do it. in mind, both the 1990 bill and the 1993 sold to the American people as a way Mr. President, I remind my friend bill were tax increase bills. And there to balance the budget. Is that not a bit that we in the Congress were willing in is only so many times you can increase misleading? 1990, under the agreement that was taxes on the American people. Mr. HATCH. Not at all, because if we achieved at the so-called budget sum- What this amendment does is—yes, it required you to balance the budget mit, where the representatives of the does not require a balanced budget—it every year, that would fly in the face Bush administration sat, and the lead- just says that it should be the rule and of the right to do something when we ership on both sides of the aisle in this we have to work to get there. And if we have exigent and difficult times. body and the leadership on both sides do not want to get there, we are going

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2017 to have to vote not to and the Amer- tax on a gallon of gasoline of any coun- I believe he said that, ‘‘If this amend- ican people will know who did it to try outside of Saudi Arabia; the lowest ment is adopted, then I would be will- them. That is the difference. It will taxes on a package of cigarettes, and ing to sacrifice so that my children and take a supermajority vote of three- you could go on and mention other grandchildren can have a better fu- fifths, if you want to increase spending things. But, having said that, there is ture.’’ beyond our revenues, and a constitu- no question we are going to primarily Is he also saying that if this amend- tional majority, no less than 51 in the do this through restraining growth in ment is not adopted, he is unwilling to Senate and no less than 218 in the spending. sacrifice for his children and grand- House, if you want to increase taxes. And the Senator is right, I say to children? And I have to tell you, one of the rea- Senator BYRD, when he says we are I say, Mr. President, we need to sac- sons we believe this has to happen is going to have to make hard choices. rifice for our children and grand- because for the last 26 years we have But it is very interesting—and we children, whether or not this amend- not reached a balanced budget with all were just given at the Democratic cau- ment is adopted. And we do not need an the tax increases we have had. cus today a poll by the Wirthlin group additional bit of print in the Constitu- I remember back in 1982, when we in- on the balanced budget amendment—79 tion to fortify us with the courage and creased taxes under Reagan, on the as- percent of the people favor a balanced the discipline and the will to take a sumption that for every dollar in in- budget amendment and 53 percent of strong stand now in order to sacrifice creased taxes we get $2 in deficit reduc- them believe they are going to have to for our country or our children and our tion. We increased taxes and we spent sacrifice in order to achieve it. They grandchildren. $1.32 more for every dollar, and now we are willing to, the American public is Mr. President, if I do not have the are spending almost $1.90 more for willing to. courage now to take a strong stand, if every dollar we increased in taxes. I take the choice of sacrificing a lit- I am unwilling now to take a strong Now I know the distinguished Sen- tle bit so my three grandchildren can stand on behalf of my children and ator from West Virginia, if he had his have a better future. And I do not have grandchildren and their children, there way would be able to do this, to bal- a difficult time making that choice at is no amount of ink that can put into ance the budget, and I would help him; all, and I do not think the American that Constitution that will give me at least I would try. I might not want people do. any more backbone, any more spine, to increase taxes to do it, but I would Mr. President, I see my colleague on any more courage, any more strength help him balance the budget. his feet, and I am pleased to yield to But, I have to say, he is singular in my distinguished colleague. of will than I already have. It just can- getting it done. Now, I respect him. Mr. HATCH. I believe I still have the not be done. I say that with all due re- And I have no qualms about saying I floor. spect to my friend. think he would do that if he could. If Mr. SIMON. I am sorry. I thought my He may wish to comment on my re- he was a dictator or even a Talleyrand, colleague had yielded the floor. marks. Mr. HATCH. No, I am still retaining he might get it done. But he is one of I ask that the Senator from Utah my right to the floor, but I am happy 100, in fact, one of 535. And it has not yield for that purpose. to yield to my friend. been done. And it is not going to be Mr. HATCH. I am happy to yield for Mr. BYRD. I am trying to remember done, not without some mechanism in that purpose. precisely how the Senator said it when the Constitution to give us the incen- he spoke of his children and grand- Mr. SIMON. I am willing to sacrifice tives to do it. children. right now, and I know the Senator Now, does this amendment guarantee Mr. SIMON. Mr. President, I said from West Virginia and the Senator we are going to go to a balanced budg- what I am required to do, if we pass from Utah are, too. Unfortunately, we et? I think over time it does, because I this, is to sacrifice a little bit myself have 26 years in a row of history that, think the American people are going to so they can have a better future. as a body, we have rarely been willing know who is doing it to them because The GAO says if we continue down to do it. we will be standing up and voting, the present path we are going to have Oh, in 1993, you and I voted for what rather than playing games around a gradual declining standard of living. Senator BOB KERREY called a modest here. But if we, by the end of the century or step toward reducing the deficit. I was Does the Senator have a question? 2001 in their original study, now it will pleased to do that. Mr. SIMON. Mr. President, I would be postponed to 2002, have a balanced Mr. BYRD. Modest enough. It did not simply like to respond briefly to my budget by the year 2020, the average get a single vote on the other side of friend from West Virginia—and he is American will have, in inflation ad- the aisle in either House. my friend and I have great respect for justed terms, an increase in the stand- Mr. SIMON. The Senator is correct. him. ard of living of 36 percent. That is a Mr. HATCH. Mine, too. Economists are virtually unanimous in huge increase for those three grand- Mr. SIMON. In what he has had to saying that that was a good thing. It is children. say. to the credit of President Clinton that Mr. BYRD. Will the Senator yield? we did that. Let me, in response to his last ques- Mr. HATCH. I am happy to yield. tion to my colleague from Utah, say Mr. BYRD. I ask unanimous consent I think history clearly shows we need my colleague from Utah and I do not that I may engage in this colloquy, outside discipline. We can even say it is agree on how we ought to balance the with the Senator from Utah retaining a little more print in the paper of the budget. We have some strong philo- his right to the floor. Constitution. But as I said yesterday— sophical differences, as Senator BYRD The PRESIDING OFFICER. Without and I think our Senator from Ten- knows. We do agree, however, that we objection, it is so ordered. nessee was presiding then, too—I said have to do it, and we need the dis- Mr. BYRD. Mr. President, the distin- all of us went right over there and we cipline of a constitutional amendment guished Senator from Illinois has made took but one oath, to defend the Con- to force us to do it. a startling revelation. And I love him. stitution. That has meaning for Sen- I would differ also with respect to my I think he is Mr. Fair and Square ators. And I think that is true for any friend when he talks about the heavy around here, and I believe he is Mr. Senator. I think we are going to live by tax burden. I am not suggesting that Fair and Square. He always has a smil- that. we are going to solve this primarily ing face and a shining countenance and Mr. BYRD. Mr. President, before the through taxes. I do not think that is that upbeat spirit about him that is so Senator adds those points, and if the the case. I would add, of the 24 major infectious. And I am going to miss him. Senator from Utah is willing to yield, industrial nations we are 24th in the Mr. SIMON. I can see how you got the distinguished Senator referred to percentage of our income that goes for elected in West Virginia, Senator the oath. I have taken the oath 13 taxation. We do not have a value-added BYRD. times in 48 years: In the West Virginia tax. Most of the countries in Western Mr. BYRD. Well, that goes back a House of Delegates, the West Virginia Europe have that. We have the lowest long way, I say to the Senator. Senate, the United States House of

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2018 CONGRESSIONAL RECORD — SENATE February 2, 1995 Representatives and in the United come to this body in 2002, 2003, or 2004 had nowhere near the comprehensive States Senate. I know what it means. will have had sufficient additional time knowledge of Senator BYRD. Mr. President, we should be willing to benefit from Darwin’s theory any- But it was interesting to me this to bite the bullet now. We have not more than we, with our ancestors great historian did not get into the been 26 years in the building of this co- stretching back over thousands upon economic history of nations, and that lossal—these deficits to the extent that thousands of years, have already bene- economic history is very clear. As na- they are triple-digit billion dollar defi- fited. Discipline cannot be put into the tions pile up debt, they keep on piling cits. For 182 years we ran up something bloodstream of man by a needle. He up debt, and what do they do eventu- like $1 trillion debt. cannot be inoculated with faith and ally? They monetize the debt. They Then when Mr. Reagan came into of- discipline and courage, backbone and start the printing presses rolling. That fice—he was in office 8 years, Mr. Bush spine. It has to be inside him to begin is the history of nations, and we cannot 4 years—we more than tripled that with. I say that with the greatest re- avoid that. debt. And as my grandson used to say, spect for my friend, the happy warrior, Now, my friend from West Virginia ‘‘You know what,’’ I helped Mr. Reagan the happy warrior, from the great had all what is going to happen to the to triple that debt. Because I voted for State of Illinois. various States. What is going to hap- his tax cut in 1981. And I have regretted Mr. HATCH. Mr. President, if I could pen in those States if we do not pass it. I voted for his massive military take back my time. the balanced budget amendment? buildup. I urged upon him that he Mr. SIMON. Mr. President, the Sen- could not balance the budget, mount ator from Utah has the floor and when Mr. BYRD. Will the Senator yield, such a massive defense buildup, and cut he is through I want to get the floor with the indulgence of the Senator taxes in 3 successive years, 5 percent just to respond very briefly. from Utah? Why do we not do it now? the first year, 10 percent the next year Mr. HATCH. Without losing the right We need two-thirds vote in each body and 10 percent the third year. I urged to the floor, take that time to do so. to adopt this amendment. Why do we upon him that he wait until after the Mr. SIMON. Mr. President, let me not just use a majority now to take first year or after the second year. say that there is no absolute guarantee whatever actions are necessary to con- And as the minority leader at that that this will work. I think what we tinue to bring that budget into bal- time, I offered an amendment on this can virtually guarantee is if we do not ance? It only takes a majority. Why floor to require that we not have 3 pass this, we are continuing down the wait 7 years? Darwin’s theory of nat- years of successive tax cuts all in one same slippery slope and we are not ural selection will not make me any bill; that, instead, we have 2 years and going to get things done. more courageous in 7 years or 9 years then wait and see what was happening In 1981 I was in the House. I was not or 90 years. I have only the courage to the economy, the deficits and so on, in the Senate. But in the House we that God gave me and the courage and before we institute another, the third ended up with a bidding war between the will and the determination and the tax cut. But President Reagan would President Reagan and the Democrats faith that were inculcated into me by not listen. I voted with Mr. Reagan. I on a tax cut. I voted against both the the people who raised me and by the supported him on that tax cut because Reagan tax cut and the Democratic tax genes that my father and mother and many West Virginians told me to give cut because the numbers just did not their ancestors gave me. That Con- him a chance. I supported him on the add up. We were saying by 1984 we will stitution will not give me any more defense buildup. have a balanced budget. Third grade courage. Let us do it now. Why not As to those triple-digit billion-dollar arithmetic told you that was not true. now? Why not start now? deficits, we never had one before Mr. Just a few other quick comments. Mr. SIMON. I say to my friend from Reagan was in office. Never did we One is the details of where we are head- West Virginia, if we had 51 ROBERT have one triple-digit billion-dollar def- ing. Concord Coalition put together a BYRDs in the U.S. Senate, we could do icit. Never. They all started under his package. By the time this debate is that. We do not. That is the simple re- administration. I know a lot of people over we will have a rough idea. One ality. blame Congress for the deficits, but I way to do it, for example, is to live Mr. BYRD. No, no, I say to the Sen- will show sometime during the next within the limits that we have estab- ator, you are flattering me now. We few days that going back 45 years the lished right now through 1998, and then have lots of men and women in this total accumulated appropriations over make some policy decisions that would Senate who have the courage to do it the period of 45 years under the various combine the total of the Bush package, now. It is not just the ROBERT BYRDs. Presidents, the accumulated appropria- I think it was 1991, and the Clinton We have enough men and women in the tions are less than the accumulated package, 1993. Not that onerous. People Senate to do it now. Let us be honest budget requests submitted by those are being told, ‘‘This is going to hit with those people out there who are Presidents to the Congresses during every group.’’ Senior citizens are being watching through that electronic eye. that period of time. The figures will told it will come out of your Social Se- We have just heard our friend on the not lie. Liars can figure, but figures curity. other side of the aisle say this con- will not lie. The laws of mathematics I had a man this morning, a hospital stitutional amendment does not re- do not change, whether it is the old executive, tell me, We have been told quire a balanced budget. Let us start math or the new math. $500 billion of this is going to come out now. I say to my friend, this talk about of hospitals. Every group is being told Mr. HATCH. If I could—— needing something in the Constitution that. It just is not true. Mr. SIMON. I do have some other to force Members to discipline Mem- Second, I say to my friend, who is, I points, but I will make them on some bers, to force Members to take the po- think—and I am not one to exaggerate other occasion and I return the floor to sitions to make the tough votes and on the floor of the Senate, even though my colleague from Utah. the tough choices. Something to force we all have a propensity to do that oc- us. What are we, children? Mr. Presi- casionally—I think it is correct to say The PRESIDING OFFICER. The Sen- dent, we will dodge that bullet when it that there has been no Senator in the ator from Utah. comes because under this amendment, history of the Senate who has been as Mr. BYRD. Mr. President, I thank do you know who will enforce this bal- much of a historian as ROBERT BYRD. both Senators. anced budget amendment? Congress His sweeping knowledge of history is Mr. HATCH. Mr. President, I thank will, according to this amendment lan- impressive. I have written a few books both sides. I think it has been an inter- guage. Congress. Congress will enforce in the field of history, but I do not pre- esting colloquy between my two col- it. The same Congress which lacks the tend to have his knowledge of history. leagues. I agree with the distinguished discipline now, to use the Senator’s The only historian who would even Senator, why do we not do it now? This words, in essence. come close would be Albert Beveridge is why we are going to get it done be- I was thinking of Darwin and his the- who served Indiana around the turn of cause we are going to put a mechanism ory of the survival of the fittest. I do the century who did a three volume bi- in the Constitution to help us to do it, not think that the men and women who ography of Abraham Lincoln. But he and that is what this requires.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2019 Let me also say this—President gram. It is important, and the distin- not balanced the budget for the last 26 Reagan, of course, cannot defend him- guished Senator from West Virginia years? Why have we not? self at this particular point—but I do made it clear that it was important. My friend from West Virginia has not think anybody should fail to note Constitutionally, it is Congress been one of the leaders in the Senate. that when John F. Kennedy was Presi- which must balance the budget. Even if He was both majority and minority dent of the United States back in 1962, President Reagan pushed some of the leader. He had tremendous power dur- the military budget was 49 percent of ideas enacted at that time and people ing that time and still does without the total Federal budget. The highest on the other side of the aisle love to being the leader of the Senate. During it ever got under Reagan, as I recall, blame him for it, it was Congress that those years, I know he worked hard to was 26 or 27 percent of the total Fed- passed these bills, according to the try to do it and he could not with his eral budget, about half of what John F. Constitution it is Congress that con- own side of the floor. And I have to say Kennedy was willing to spend and the trols the purse strings. Congress can- it is not just Democrats that have Congress was willing to spend for the not avoid that responsibility. It was caused this; Republicans have, too, be- military at that time. Forty-nine per- Congress that kept increasing spend- cause the incentives are not there in cent. ing. It was Congress that came up with the Constitution right now. Jefferson How is it that when Reagan helped to more and more Federal programs. saw the problem. But he never thought increase military spending that Look, I used to be chairman of the that we would reach the state of mo- brought down the Iron Curtain and Labor Committee. My ranking member rass that we are in today where nobody ended the cold war with only 26 percent was none other than Senator KENNEDY. is willing to fight to resolve budgetary of the budget, that it was he who When I became chairman of that com- problems—or I should not say nobody. I caused this grand spending boom when mittee, it was the most liberal com- should say where the majority are un- we used to spend 49 percent because the mittee in the Congress. There were be- willing to do what is in the best international security interests of this tween 2,000 and 3,000 Federal programs ests of this country. country were the single most impor- created by that committee that are We have a destructive welfare sys- tant interests of the Federal Govern- currently in existence. Imagine that. tem. Everybody says we have to do ment? And that is just one committee in Con- something about it. Maybe we will this I will tell you why. Because John F. gress. year. On the other hand, should we not Kennedy cut taxes 10 percent and the Constitutionally, it is our responsi- have to make priority choices there as economy boomed, because more people bility, not the President’s, although I well? were making more money, paying more think he or she has a responsibility, We have an antisavings Tax Code. It taxes, more businesses were created, too, to balance the budget. discourages savings. Maybe we will more jobs were created, more people Reagan’s tax cuts raised revenues come up with a Tax Code that will were working. John F. Kennedy cut during those years—raised $1 trillion work, where people do not feel nearly taxes, spent 49 percent of the Federal during the Reagan administration—$1 as badly about paying their taxes as budget on the military, and we had a trillion in additional tax revenues. they do today with the oppressive very low deficit at that time. Under Reagan, 20 million new jobs were antisaving Tax Code that we have. He was succeeded by Lyndon Johnson created. But Congress spent $1.4 tril- We have a Washington bureaucracy who decided he was going to take care lion during that same time. that is out of control, partly built be- of everybody, and he came up with Had we stuck with the tax cuts and cause we have so many of these pro- what was called the Great Society pro- not had Congress dictate the increased grams, not all of which are needed but grams, and from those programs we spending side of those tax bills, we all of which are well intentioned, I will have a proliferation of Federal Govern- would not have nearly the problems we acknowledge that, but not all of which ment control over all of our lives and a have today, although we still would are needed and certainly not all of proliferation of spending where now 70 have problems because of the entitle- which rise to the same dignity as the percent of this Federal budget is enti- ment programs. important programs do. But they exist tlement spending. That means it goes This body is gutless when it comes to and get funding because we do not have up and up and up automatically and doing anything about entitlement pro- to make priority choices among com- nobody stops them. grams, and with good cause, because peting programs. In defense of President Reagan, and I unless you have Presidential leadership People in this last election said the do not mean to get too much into this and congressional consensus to do old ways are not working. The old ways because I think people who really un- something about them, then in the are not working. This country is not derstand economics and understand the next election, accusations will be made working the way it should. And for the history realize that he was not the one that those who talked about doing first time in 40 years, they allowed the who created these huge deficits. Cer- something about entitlement programs Republicans the privilege of being in tainly tax cuts sometimes wrongfully are trying to do away with them. control of the House of Representa- given can, over the short term cause us So it is going to take Presidential tives, and they gave us the privilege to have less money in the budget. But leadership and congressional leader- once again to be at least the majority over the long term, they generally ship. And what we do with the balanced in the Senate. produce more jobs, more businesses, budget amendment is we get a mecha- Now, we have no illusions about hav- more people employed, more people nism in place that encourages and cre- ing complete control here. If you look working, more people paying into the ates the incentives for balancing the at ideology, a majority in the Senate system, more revenues to the Federal budget rather than spending more and are liberal, at least 51 of the Senators Government. more and forces Congress make pri- are what you would call primarily lib- By the way, the Reagan tax cuts cre- ority choices among competing pro- eral, who do not want to cut anything; ated 9 years of economic expansion, the grams in order to do so. who do not want to do anything to bal- longest peacetime economic expansion We have runaway spending in this ance the budget, at least in the sense of in the history of the country, and it country. I appreciate the distinguished spending cuts. They will increase was the tax cut that did it. But what Senator from West Virginia saying why taxes. They will do that until the was not said is that in order to get his he thinks we should not do it now. I be- American people scream, and they are tax cut in 1982 and his tax cut of mar- lieve he probably would act to balance screaming now. ginal tax rates in 1986, he had to agree the budget. But he is one of a very few (Mrs. HUTCHISON assumed the to all kinds of entitlement expendi- in the whole Congress who, if he would, chair.) tures. would actually do it without a bal- Mr. HATCH. In the House of Rep- Today, entitlements are 70 percent of anced budget amendment. But if as he resentatives, it may be about the same. the budget. They were not that during argues we can do it now, and we do not So nobody has any illusions that just the time of President Kennedy; 50 per- need the increased pressure of a con- because the Republicans have taken cent of the budget was for the military, stitutional mandate, then why have we control, we can do whatever we want to and that is not an entitlement pro- failed up until now? Then why have we do. We cannot. As a matter of fact, the

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2020 CONGRESSIONAL RECORD — SENATE February 2, 1995 American people did not mean this to This is the most important constitu- think they are going to be thrown out be a mere Republican revolution. They tional issue, it seems to me, aside from of office in the next election, which is said, look, we are willing to try any- the Religious Freedom Restoration what should happen to those of us who thing to get spending under control. Act, that we passed a few years ago do not do what is right. That is the ul- And the polls do show that they believe overwhelmingly, on which this body is timate and real enforcement, and it Republicans will do a better job of get- going to vote in the lifetime of the will work. ting spending under control. Members of this body. There are other We have to cut the waste. We have to I believe one of the reasons why they extremely important constitutional cut the fat, and there is plenty. Any- believe that is a vast majority of Re- issues that may rise to this dignity, body who denies or doubts that we have publicans in both bodies, almost every but this is the most important of all of Republican in the House, almost every them because we are talking about the waste and fat in this budget just has Republican in the Senate, is willing to future of the country now. And when I not looked. They have not looked at vote for this balanced budget amend- see anybody coming to the floor and the budget. They have not looked at ment and they knew it would be one of saying look at all these programs we what the Federal Government has the first things we would bring up. are going to lose if we pass the bal- done. But having said that, there were 72 anced budget amendment, I see an ar- Do not tell me we have to continue courageous Democrats in the House of gument for more of the same—more of to pour everything through this bu- Representatives who voted for this the same of the last 26 years. If we will reaucracy when we get only 28 percent amendment who are probably more not do anything we will face it in the back out. Why do we not keep that moderate to liberal than most Repub- future. Sometime we will have to get money at home and get 100 percent for licans who voted to pass the balanced this under control. the people, the poor, the sick and elder- budget tax limitation constitutional I know there is sincerity among some ly, and those who have difficulties in amendment. who make those arguments, but his- our society? Why launder it through That amendment is what we are de- tory does not back it up. History does the Federal Government? We are not bating right now. For the first time in not back it up and our experience does the all-seeing eye, nor are we always the history of the country, the House not back it up. I have heard talk about of Representatives has voted to put right in our remedies. The Founding our children’s future. Let me tell you, Fathers believed the Government clos- into the Constitution a fiscal mecha- nobody is more concerned about our nism that will help us to reach a bal- est to the people is better able to deal children’s future than those of us who with such problems. It is a true belief, anced budget. And I have to say we have a lot of children and grand- need about 15 to 17 courageous Demo- because people lose touch within this children. Elaine and I have 6 children, beltway. crats in the Senate or it will not pass and we will have our 15th grandchild by a two-thirds vote. All we need is, let here in another month or two. I have to The same old order cannot continue. us say, 17. That means 30 of them can tell you, we love each and every one of We have to do what is right for this so- vote against it, if they want to, and we them, and I am worried that their fu- ciety. This balanced budget amend- can still pass it. ture is going fast. We are not giving ment will give us the incentives to do The fact is that is what we need. We so. And I agree with the Senator from just need a few Democrats to stand up them the future we had because we are spending their legacy away, and we are Illinois, we take an oath to uphold that here, like a few stood up in the House. Constitution. I think most all of us They were the minority of the Demo- not willing to do anything about it. And yet we keep getting these same take that oath very seriously. If this crats in the House. Let me tell you, old tired arguments against doing any- becomes a part of the Constitution, and those who do stand up are going to be thing. My gosh, why do we not do it I believe it will, then I believe we will heroes to me because there is tremen- now? I have heard those same argu- take it seriously and I believe we will dous pressure on them to keep the old make great inroads over the next 7 order, where we can keep spending and ments ever since I have been here. And I have no doubt of the sincerity of the years to do what is right for this coun- reelecting ourselves, where we can tax try. and spend and reelect. distinguished Senator from West Vir- So whoever votes with us from the ginia. But it is amazing to me, if you It may be the only way to save this Democratic side of the aisle is going to make the correlation of those who say, country from going into a total depres- be a hero to me, I have to tell you. And ‘‘Let us do it now, we do not need a bal- sion sometime in the future when our there are some real heroes, not the anced budget amendment,’’ why it is money becomes worthless, and when least of whom is the distinguished Sen- almost everybody who is going to vote Social Security becomes worthless, and ator from Illinois. We do differ ideo- against it who says we do not need a when our children’s programs become logically. He is liberal; I am conserv- constitutional directive to balance the worthless, and when all of these other ative. But he also acknowledges that budget. And most of them have been programs we have been talking about something has to be done. I praise him here as long as I have, or at least a become worthless as we continued to for it, and I admire him for it because pretty lengthy time in the Senate, and spend this country blind. If our Gov- it is not easy when so few on his side never once have we balanced the budg- ernment or economy is destroyed by are willing to do anything about this. et. our current profligacy, we will not If this goes down to defeat, I do not I think the American people have our have any—any—of the programs we think the American people are ever number. The American dream is fading have been talking about, and which the going to get over it because for the for our children. We have to make the opponents of the balanced budget first time in history, the House of Rep- right decisions now to keep it alive for amendment say will be cut if we bal- resentatives has voted for a balanced them. We cannot keep accepting these ance the budget. budget amendment. What a historic same old arguments for going on as we As you know, I say to my friend here vote that was. Would it not be awful if have in the past. How can it be said today, I admire my friend from West the Senate, which was the first body to that every State is going to have to in- Virginia. I admire the way he feels. I ever vote for a balanced budget tax crease its taxes because we pass a bal- admire the way he gives extraordinary limitation amendment, the one we anced budget constitutional amend- time to the Senate and why he is will- brought to the floor in 1982, when I was ment—as if the States do not each have chairman of the Constitution Sub- the ability to respond to a new fiscal ing to stand out here and take the guff committee, would it not be awful if the environment in their own way. No, of Senators. He is willing to stand out Senate voted it down because we can- Congress is going to have to make pri- here and fight for what he believes in. not find 17 Democrats to vote with us? ority choices among competing pro- He is a quintessential Senator. I be- Would it not be awful? Would not peo- grams for the first time in the time I lieve that. But he is wrong. He is wrong ple on the other side of the floor feel have served here, 19 years. They are to think we can continue to go the way terrible about that? I think they would going to have to make the tough we are going and still solve the prob- at the polls, because I do not think the choices or they are going to have to lems of this country. As sincere as peo- American people are going to forget it. stand up and vote not to. If they do, I ple are, we can be sincerely wrong.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2021 Even Paul held the coats of the peo- U.S. Senate, not the least of which is from 7.3 percent in 1992 to 5.4 percent ple who killed Stephen, the first Chris- the fact that the American public, our- as of December 1994, the lowest rate in tian martyr, thinking he was right. He selves included, does not have a full over 4 years. Inflation has dropped to was sincerely wrong and he had to and fair understanding of how this bal- 2.7 percent, the lowest since 1986. Under admit it later when he was blinded on anced budget amendment will truly the Omnibus Budget Reconciliation the way to Damascus. impact our lives. Act passed by the Congress in 1993, the And the voice said: ‘‘Saul, Saul, why While the proponents tell us that Federal deficit has been reduced by $87 persecutest thou me?’’ And he just they will balance the budget, while billion between 1992 and 1994. This is stopped. And the minute Paul knew cutting taxes, increasing defense the first time the deficit has dropped 2 with whom he was talking he said, spending and protecting Social Secu- years in a row in over 20 years, and it ‘‘Lord, what wilt thou have me to do?’’ rity, we are also told that to meet all is the largest 2-year drop in history. And from that minute on he admitted these goals, the Congress will have to The deficit is projected to fall another he was wrong and went to do the job. cut spending by $1.5 trillion before the $27 billion in 1995. Many of us, together We in Congress have to admit we year 2002. In addition, estimates by the with eminent economists, are con- have been wrong, spending this country Congressional Budget Office indicate vinced that the path we have laid will into bankruptcy and this balanced that if Social Security and defense further decrease our deficit and im- budget amendment is one of the first spending are not cut, all other pro- prove our economy. steps we should take to right that grams must be cut across the board by The United States Constitution is a wrong. 30 percent. I believe the people of document of permanency. If sets forth The unfunded mandates legislation is America should be told in advance the basic principles, ideals and philos- one of the other steps to our redemp- where these cuts will occur. ophy of this country and our society. It tion. We have to quit loading up the The new leadership of the U.S. Sen- is not a document which should be tin- State and local governments with ri- ate is determined to pass this measure kered with lightly. The Constitution of diculous unfunded mandates that take almost as expeditiously as the House of this great Nation was signed on Sep- away their rights of self-determination Representatives. With only 2 days of tember 17, 1787. Delaware was the first and so often actually do not even work. consideration on the House floor on State to ratify the document on Octo- I think the unfunded mandates legisla- House Joint Resolution 1, debate was, ber 7, 1787. Other States ratified the tion we recently approved will work. at best, limited. On a matter of this Constitution during the course of 1788, Although I agree with the distin- significance, the least we can do is not and the Constitution took effect on guished Senator from West Virginia, it only fully acquaint ourselves with the September 13, 1788. There are currently only takes 51 percent, a majority vote matter before us and its effects, but 26 amendments to the Constitution. to change it. But I think we are going also provide the same information to Since the 1st Congress in 1789, 10,736 to be loath to change it now that we the citizens of this Nation so they may Constitutional amendments have been have put it in place. know its impact on their lives. This proposed in the Congress. We have been I see the distinguished Senator from should not be part of a contest to see rightfully very reluctant to pass Con- Tennessee is here. I know he wants to who can pass a bill faster. stitutional amendments. speak to this matter. There is a lot The proponents of this measure seem Measures of this magnitude and im- more I would like to say but I will let to wish to move with undue haste, port must be approached with great it go at this. I just hope everybody in without responsibility for the con- care and consideration. It took the this body recognizes what an impor- sequences of their actions, only to let U.S. Congress somewhere on the order tant, significant, and historic vote this the American people and the States un- of 30 years to pass Medicare legislation. is going to be. I hope we vote down any knowingly deal with the unpleasant re- Medicare was first debated in Congress and all attempts to change it because alities at a later date. Our constituents in the 1930’s with the social reforms of this is the amendment. This is our last, have a right to know and understand the New Deal. Medicare was not consid- best chance. This is the chance to put the real impact of this balanced budget ered seriously again until the mid some fiscal discipline that works into amendment. 1950’s. In 1960 Senator John F. Kennedy the Constitution, that will help us to The concept of a balanced budget featured Medicare in his Presidential do the job that we have not done before amendment to the Constitution is campaign. However, Medicare was not because we have not had a constitu- nothing new to this body. In 1980, the enacted by the Congress until 1965. tional mandate to do it. It is a bipar- Senate Judiciary Committee rejected Congressional debate to end the Viet- tisan, Democrat and Republican con- the proposed constitutional amend- nam conflict began in the early 1960’s, sensus amendment, the best we can do. ment by a vote of 9 to 8. In 1982, the but the Congress did not set a date cer- It is not perfect but it is the most per- U.S. Senate actually passed a balanced tain for the end of the war until 1973— fect thing we can do and I hope every- budget amendment. That measure, the same year the War Powers Act was body realizes it. Most important, I Senate Joint Resolution 58, would have passed. The Family and Medical Leave hope our folks out there throughout only allowed deficit spending or an in- Act was first introduced in the 99th this country realize that they have a crease in the Nation’s debt ceiling upon Congress, vetoed by President Bush in role to play constitutionally. That role a three-fifths vote of the Congress. both the 101st and 102d Congresses, and is to write and call and get with your Though passed by the Senate, Senate finally signed into law by President Senators and get them to vote for this. Joint Resolution 58 died in the House Clinton in the opening days of the 103d We all know who needs to vote for it. of Representatives. Congress. The Supreme Court’s deci- With that I yield the floor for now Many of us in the U.S. Senate con- sion in Brown versus Board of Edu- and will speak more later. sider the balanced budget amendment cation of Topeka, ordering the racial HOUSE JOINT RESOLUTION 1, THE BALANCED before us with deep concern because desegregation of our Nation’s schools, BUDGET CONSTITUTIONAL AMENDMENT underlying the measure is an implica- was rendered on May 31, 1955. However, Mr. INOUYE. Madam President, as tion or suggestion that we who are not until the Civil Rights Act of 1964 my constituents know, I do not give elected by our people are incapable of did the Congress give the Attorney speeches on every issue addressed by doing our work. I believe even a cur- General the power to initiate civil ac- the U.S. Senate. However, I felt that on sory study and analysis of the past 2 tions to achieve desegregation. The a matter as significant to the Amer- years will clearly assure the citizens of Civil Rights Act of 1964 was debated in ican people as an amendment to United our Nation that we are capable of and the Senate for 83 days. States Constitution, I had to share my are, in fact, doing our job. Each of these measures was fully de- thoughts. In no way is my speech deliv- Our work together with the Clinton bated in both Houses of the Congress, ered to stall these proceedings. I wish administration has produced signifi- and they were not even amendments to to address the Senate because I am cant accomplishments over the last 2 the Constitution of the United States. genuinely distressed about several seri- years that no one can dispute. Over 5.6 I submit that a proposed constitutional ous deficiencies in the balanced budget million new jobs have been created. amendment demands a significantly amendment measure now before the The unemployment rate has dropped higher level of scrutiny and debate

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2022 CONGRESSIONAL RECORD — SENATE February 2, 1995 wherein the American people are fully duced or eliminated? How will highway for Medicaid, highways, Aid to Fami- informed of all of the amendment’s im- funds, Aid to Families With Dependent lies with Dependent Children, edu- plications. Children, job training and veterans’ cation, job training, environmental Every household in our Nation tries benefits, and other grants to States be protection, housing and other pro- its best to balance its individual family impacted? Further, if States felt that grams by $328 million. Combined with budget. However, in contemporary these programs were essential, I would the proposed tax cuts in the Contract times this task is much more difficult think that our constituents would With America, this figure rises to $450 than that faced by my grandparents. want to know just how much it would million in lost Federal grants annu- Now we have an innovation known as cost them as State taxpayers to con- ally. Hawaii would also lose another $1 the credit care that allows us to buy tinue these programs. billion annually in other Federal now and pay later. As of November I am also deeply concerned about the spending for Medicare, housing assist- 1994, our citizens’ revolving loan debt provision in House Joint Resolution 1 ance, student loans, veterans’ benefits was $334.4 billion. which provides that the balanced budg- and other programs. The Treasury De- Living with debt is part of the econ- et requirement may be waived if there partment’s analysis further shows that omy of every country. Such debt is is a declaration of war, or the United Hawaii State taxes would have to be generally categorized into the types of States is engaged in military conflict increased by over 9 percent to make up accounts: operating expenses and cap- which threatens the national security for lost Federal funding and to con- ital improvements. It is good fiscal pol- of our country. tinue these programs. icy for a country to work to keep oper- Would the United States’ humani- The American public and our con- ating expenses current. Similarly, the tarian mission in Somalia come within stituents have a right to know about American family should try to stay this provision? What about United the impact of the proposal before us on current in its everyday expenses. On States peacekeeping efforts in Bosnia? their lives. Without a provision setting the other hand, very few Americans What about Haiti, Desert Storm, Viet- forth the nature and amounts of budget would be included to purchase a home nam and Korea? Some would argue cuts, the balanced budget amendment with cash. That home is acquired with that the Korean war was a police ac- measure before us would be grossly un- credit in the form of a mortgage loan. tion, not the result of a declaration of fair to our States and our taxpayers. This is not so different from a govern- war, therefore, not a war. ment obtaining financing to fund cap- Why are the Republican who are the Further, how will we deal with the fi- authors of this balanced budget amend- ital improvements. Presently, the total nancial impact of natural disasters amount of our Nation’s home mortgage ment afraid to let the people know? over which we have no control—Hurri- Don’t they trust their fellow Ameri- debt is $3.3 trillion. The supporters of canes Andrew, Iniki and Omar, floods this balanced budget amendment pro- cans? The logical and appropriate way in the Midwest and California, and the to make decisions is to know all the poses to consider both operating ex- earthquakes in California, to name a penses and capital improvements as facts. Our constituents—the American few. taxpayers—and our State legislatures one account, lumped together as debt. The American people deserve to should be entrusted with and have the Economists will tell you that this is know the answers to these questions. not sound fiscal policy. At the request of the National Gov- benefit of the facts before this balanced It is a relatively simple matter when ernors’ Association, the U.S. Depart- budget amendment is considered for balancing the family budget to be fully ment of the Treasury recently prepared ratification. cognizant of what must be cut and a report on the likely effects on the The Senate is unique because it is what operational costs are essential States of a balanced budget amend- where ideas and concerns can be freely and cannot be curtailed. Unlike this ment alone, as well as accompanied by and fully expressed. I hope that every household budget balancing, the bal- the tax reductions proposed by the Re- Member of this body will express them- anced budget amendment currently be- publican Contract With America. As selves freely. I hope that all of us will fore the Senate intentionally and al- proposed by the proponents of the bal- participate openly in this debate. most deliberately does not inform the anced budget amendment, the Treasury As this joint resolution stands today, American public of what is going to be Department assumed that there would I will most certainly oppose it and do done to achieve the goal of a balanced be no cuts to defense or Social Secu- everything in my power to defeat it. Federal budget. The American people rity, not tax increases, and that deficit EXHIBIT 1. have a right to know this information. reduction would be achieved by the THE IMPACT OF A BALANCED BUDGET AMEND- Merely telling our constituents that year 2002. MENT AND THE CONTRACT WITH AMERICA ON we will increase defense spending, According to the Treasury Depart- THE STATE OF HAWAII 1 lower taxes, not touch Social Security, ment, even if phased in gradually be- I. A Balanced Budget Amendment would and hope that the economy is going to tween now and the year 2002, deficit re- reduce annual Federal grants to the Hawaii improve is simply not sufficient. In duction cuts will be severe in 2002. A state government by $328 million: July of 1981, similar words were uttered balanced budget amendment will re- $117 million per year in lost funding for by President Ronald Reagan, and the quire reducing Federal grants to Medicaid. Congress adopted ‘‘Reaganomics,’’ also States, for programs such as Medicaid $62 million per year in lost highway trust known as supply side economics. When and highway funds, by a total of $71.3 fund grants. this process began in July 1981, the billion in fiscal year 2002. Other Fed- $24 million per year in lost funding for wel- Federal budget deficit amounted to $79 eral programs that directly benefit fare (AFDC). billion. When Ronald Reagan left office State residents, such as Medicare and $125 million per year in lost funding for in 1988, the Federal deficit had in- housing assistance, would have to be education, job training, the environment, housing, and other areas. creased to $155 billion. Under the Re- cut by $176.5 billion in fiscal year 2002. publican administration’s budget poli- Hawaii would have to increase state taxes However, these figures grow signifi- by 6.8 percent across-the-board to make up cies, the upward trend continued cantly if Republican-sponsored tax re- for the loss in grants. through George Bush’s administration ductions in the Contract With America II. A Balanced Budget Amendment com- with the deficit topping out at $290 bil- are taken into account. Cuts totalling bined with the ‘‘Contract with America’’ tax lion in 1992. Proponents of this bal- $97.8 billion in grants and $242 billion cuts would require even deeper spending anced budget amendment refuse to ac- in other programs that directly benefit cuts, thereby reducing annual Federal grants knowledge that the problems we ad- State residents would be required in to the Hawaii state government by $450 mil- dress today began in July 1981. fiscal year 2002 under a balanced budg- lion: I believe that the American people et amendment combined with the pro- $161 million per year in lost funding for Medicaid. have the right to know exactly how the posed Contract With America tax re- Congress plans to put this balanced $85 million per year in lost highway trust ductions. fund grants. budget amendment to work. For exam- For the benefit of my constituents, I $32 million per year in lost funding for wel- ple,1 For health all calculations, care costs a currently balanced budgetamount is wouldSource: like U.S. Departmentto highlight of the the Treasury, impact January on achieved by FY 2002 through across-the-board spend- 12, 1995. fare (AFDC). ingto cuts14 thatpercent exclude defenseof Federal and social security.spending. the State of Hawaii based upon an $172 million per year in lost funding for Every study indicates that by 1988, this analysis prepared by the Treasury De- education, job training, the environment, figure will increase dramatically such partment. I ask unanimous consent housing, and other areas. that 24 percent of Federal spending will that a copy of the Treasury Depart- Hawaii would have to increase state taxes be on health care. One-half of that ment’s analysis on the impact of the by 9.3 percent across-the-board to make up VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS amount will be spent on Medicare balanced budget amendment and Con- for the loss in grants. alone. I would think that the people of tract with America tax reductions be III. A Balanced Budget Amendment and the ‘‘Contract with America’’ tax cuts would this country would like to know now included in the CONGRESSIONALL February 2, 1995 CONGRESSIONAL RECORD — SENATE S2023 TABLE 1.—SPENDING REDUCTIONS UNDER BALANCED BUDGET AMENDMENT, FISCAL YEAR 2002 [In millions of dollars]

Cuts in Grants to State Gvoernments Required Cuts in other Federal spending State tax State increase (in Total Medicaid Highway AFDC Other percent) Total Medicare Other

Alabama ...... 1,162 641 98 32 391 16.4 3,058 1,157 1,900 Alaska ...... 306 89 71 19 127 9.8 576 44 532 Arizona ...... 919 519 78 68 254 10.4 2,397 949 1,447 Arkansas ...... 723 416 65 16 225 16.5 1,567 766 800 California ...... 7,708 3,944 442 960 2,362 9.2 20,321 9,101 11,220 Colorado ...... 755 387 79 36 253 11.8 2,764 721 2,044 Connecticut ...... 1,008 587 105 63 253 11.2 1,843 1,089 755 Delaware ...... 158 70 18 9 61 7.2 383 176 207 District of Columbia ...... 697 183 17 24 473 20.4 4,937 313 4,624 Florida ...... 2,656 1,520 202 170 764 10.2 9,782 5,336 4,446 Georgia ...... 1,608 938 131 101 438 12.0 2,780 1,392 2,398 Hawaii ...... 328 117 62 24 125 6.8 737 216 522 Idaho ...... 254 118 33 8 95 9.9 855 218 637 Illinois ...... 2,576 1,354 174 155 892 11.6 7,532 4,092 3,441 Indiana ...... 1,490 956 123 54 357 13.8 2,531 1,497 1,034 Iowa ...... 630 328 69 35 197 10.9 1,919 897 1,022 Kansas ...... 622 355 52 29 186 13.0 1,730 819 911 Kentucky ...... 1,157 690 69 56 341 14.5 2,111 952 1,159 Louisiana ...... 1,966 1,500 94 48 324 27.8 2,361 1,066 1,296 Maine ...... 452 279 28 24 121 17.5 717 385 331 Maryland ...... 1,125 581 83 65 398 9.9 6,253 1,377 4,876 Massachusetts ...... 1,915 1,073 248 135 459 12.6 4,683 2,449 2,234 Michigan ...... 2,477 1,355 140 229 753 13.2 4,988 3,333 1,655 Minnesota ...... 1,177 679 102 83 314 9.4 2,547 1,123 1,424 Mississippi ...... 864 496 61 24 282 20.8 1,672 713 959 Missouri ...... 1,316 747 109 62 398 15.5 3,942 1,781 2,161 Montana ...... 277 123 52 12 89 19.8 744 218 526 Nebraska ...... 388 192 44 23 129 13.3 1,213 482 732 Nevada ...... 227 116 32 11 68 6.2 1,005 258 747 New Hampshire ...... 212 112 31 11 58 17.6 563 270 293 New Jersey ...... 2,476 1,500 141 129 705 12.7 4,653 2,894 1,759 New Mexico ...... 524 233 70 28 193 12.9 2,117 321 1,796 New York ...... 8,181 5,442 274 535 1,930 17.4 11,058 6,876 4,182 North Carolina ...... 1,697 1,025 136 95 441 11.1 3,217 1,432 1,785 North Dakota ...... 229 105 35 8 81 19.7 563 231 332 Ohio ...... 2,826 1,718 170 212 727 14.4 6,007 3,442 2,565 Oklahoma ...... 770 424 51 51 244 12.4 2,110 934 1,117 Oregon ...... 706 342 54 47 263 12.2 1,976 833 1,143 Pennsylvania ...... 3,057 1,767 211 178 901 12.7 8,555 5,120 3,435 Rhode Island ...... 430 255 42 23 109 21.4 619 347 272 South Carolina ...... 1,033 644 68 31 260 14.3 2,217 682 1,536 South Dakota ...... 231 103 39 6 82 24.7 577 205 372 Tennessee ...... 1,537 989 78 60 411 19.5 3,845 1,349 2,496 Texas ...... 4,167 2,520 340 147 1,159 14.0 10,758 4,280 6,479 Utah ...... 422 190 49 22 160 11.4 1,078 235 842 Vermont ...... 207 89 37 13 68 17.4 301 150 151 Virginia ...... 1,005 490 72 49 393 8.2 6,073 1,374 4,699 Washington ...... 1,318 730 117 126 346 8.4 3,569 1,107 2,463 West Virginia ...... 765 488 45 32 199 20.6 1,209 600 608 Wisconsin ...... 1,250 694 111 96 349 10.3 2,480 1,503 977 Wyoming ...... 218 55 38 8 118 18.7 286 96 191

Total, State ...... 70,172 40,271 5,093 4,480 20,328 12.6 172,792 77,199 95,593 Undistributed and territories ...... 1,127 43 83 28 973 NA 3,700 276 3,424

Total, United States ...... 71,300 40,314 5,176 4,506 21,301 NA 176,492 77,476 99,017 Source: U.S. Department of the Treasury, January 12, 1995.

TABLE 2.—SPENDING REDUCTIONS UNDER CONTRACT WITH AMERICA, FISCAL YEAR 2002 [In millions of dollars]

Cuts in grants to State governments Required Cuts in other Federal spending State State tax Total Medicaid Highway AFDC Other increase Total Medicare Other

Alabama ...... 1,594 879 135 44 536 22.5 4,195 1,688 2,608 Alaska ...... 420 123 98 28 174 13.5 790 60 730 Arizona ...... 1,261 712 108 93 348 14.2 3,288 1,302 1,986 Arkansas ...... 992 571 90 23 309 22.7 2,150 1,052 1,098 California ...... 10,576 5,412 607 1,317 3,241 12.8 27.880 12,486 15,394 Colorado ...... 1,036 531 108 49 347 16.2 3,793 989 2,804 Connecticut ...... 1,383 805 145 86 348 15.4 2,528 1,494 1,035 Delaware ...... 217 97 25 12 83 9.8 526 241 284 District of Columbia ...... 956 252 23 32 650 27.9 6,774 429 6,345 Florida ...... 3,644 2,086 277 233 1,048 14.0 13,421 7,321 6,100 Georgia ...... 2,206 1,286 180 138 601 16.5 5,200 1,910 3,290 Hawaii ...... 450 161 85 32 172 9.3 1,012 296 716

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2024 CONGRESSIONAL RECORD — SENATE February 2, 1995 TABLE 2.—SPENDING REDUCTIONS UNDER CONTRACT WITH AMERICA, FISCAL YEAR 2002—Continued [In millions of dollars]

Cuts in grants to State governments Required Cuts in other Federal spending State State tax Total Medicaid Highway AFDC Other increase Total Medicare Other

Idaho ...... 349 162 46 11 131 13.6 1,173 299 874 Illinois ...... 3,534 1,858 239 213 1,224 15.9 10,334 5,614 4,721 Indiana ...... 2,044 1,312 168 74 490 18.9 3,473 2,054 1,419 Iowa ...... 864 451 95 48 270 15.0 2,633 1,231 1,402 Kansas ...... 853 487 71 40 255 17.8 2,374 1,124 1,249 Kentucky ...... 1,587 947 95 77 468 19.8 2,896 1,306 1,590 Louisiana ...... 2,697 2,059 129 66 444 38.2 3,240 1,462 1,778 Maine ...... 621 383 38 33 166 24.0 983 529 454 Maryland ...... 1,543 798 113 89 543 13.5 8,579 1,889 6,690 Massachusetts ...... 2,627 1,472 340 185 630 17.3 6,425 3,360 3,065 Michigan ...... 3,398 1,859 192 314 1,034 18.1 6,844 4,572 2,271 Minnesota ...... 1,615 931 139 113 431 13.0 3,494 1,541 1,954 Mississippi ...... 1,185 681 84 33 387 28.5 2,294 978 1,316 Missouri ...... 1,806 1,025 149 85 547 21.2 5,408 2,444 2,965 Montana ...... 380 189 71 17 123 27.1 1,021 298 722 Nebraska ...... 533 264 60 31 177 18.3 1,665 661 1,004 Nevada ...... 312 159 44 15 94 8.6 1,379 354 1,025 New Hampshire ...... 291 154 43 16 79 24.1 773 370 403 New Jersey ...... 3,397 2,059 194 177 968 17.5 6,364 3,971 2,413 New Mexico ...... 719 320 96 38 265 17.6 2,904 440 2,464 New York ...... 11,226 7,466 376 734 2,649 23.8 15,172 9,435 5,738 North Carolina ...... 2,329 1,406 187 130 605 15.2 4,414 1,965 2,449 North Dakota ...... 314 144 48 10 111 27.0 773 317 455 Ohio ...... 3,878 2,358 233 290 997 19.8 8,242 4,722 3,520 Oklahoma ...... 1,056 582 70 69 335 17.0 2,896 1,281 1,615 Oregon ...... 969 469 75 65 361 16.6 2,711 1,143 1,568 Pennsylvania ...... 4,194 2,424 290 244 1,237 17.4 11,738 7,025 4,713 Rhode Island ...... 590 350 68 32 150 29.3 849 476 373 South Carolina ...... 1,378 883 94 42 357 19.6 3,042 935 2,106 South Dakota ...... 316 142 53 9 113 33.8 792 281 511 Tennessee ...... 2,109 1,357 107 82 563 26.7 5,275 1,850 3,425 Texas ...... 5,717 3,457 466 202 1,591 19.2 14,761 5,872 8,889 Utah ...... 579 261 68 31 220 15.6 1,479 323 1,156 Vermont ...... 284 122 51 18 93 23.9 413 206 207 Virginia ...... 1,379 673 99 68 539 11.2 8,332 1,885 6,447 Washington ...... 1,809 1,001 161 172 474 11.5 4,897 1,518 3,379 West Virginia ...... 1,049 670 62 44 273 28.3 1,658 824 835 Wisconsin ...... 1,716 952 153 132 479 14.2 3,402 2,062 1,340 Wyoming ...... 300 75 52 10 162 25.7 393 131 262 Total, State ...... 96,278 55,253 6,988 6,147 27,891 17.3 237,075 105,919 131,155 Undistrict and territory ...... 1,547 69 114 38 1,335 NA 5,077 378 4,698 Total, United States ...... 97,825 55,312 7,102 6,185 29,226 NA 242,151 106,298 135,854 Source: U.S. Department of the Treasury, January 12, 1995.

Mr. THOMPSON. Madam President, essary steps to protect the next genera- yet who has not fought the good fight first of all I compliment the Senator tion from lower pay, from a lower over the years to balance the budget from Utah for his leadership in this re- standard of living, and ultimate bank- and to show fiscal restraint and to gard. It has been a great pleasure for ruptcy of this country, or whether or show fiscal responsibility. I am not me over these last few days, and just not we are going to bow to those who sure where the opposition really is. Ev- recently as I presided, to listen to him keep demanding we do not have to cut erybody I have heard is for a balanced articulate the problem, articulate the back, insisting we do not, on current budget and has fought for it all these history leading to the problem, articu- consumption, and are willing to let the years. There must be some people lurk- late the solution that is needed. I next generation make the tough ing around here that we have not heard think, as usual, he hits the nail on the choices instead of ourselves. from yet because certainly we have not head. As I listened to the debate and lis- made any progress on it in the last two It was a great honor for me to sit tened to the comments of those who decades. here and listen to the debate that has oppose this amendment, I hear that That is the debate of the past. Whose gone on this afternoon with the Sen- there are questions concerning what is fault is it, why are we here, are we ator from Illinois, proving that this is the role of the Court? What is the role going to raise taxes, are we going to indeed a bipartisan effort. We are all of the President going to be? Who is cut spending, what combination of all concerned about it. The Senator from going to be cut? We debate whether or of that—that is what we have been de- West Virginia, who is indeed an insti- not it was this President’s fault or that bating in the past and that is what we tution within an institution, who swore President’s fault. We debate whether or will have to debate in the future. But me in less than 60 days ago, and whom not it is the institution of the Presi- times are different. I respect greatly and whose views I re- dency or the institution of the Con- Madam President, I listened to the spect greatly—this is what to me the gress—whose fault is it? Where does Senator from West Virginia talk about U.S. Senate ought to be about. Sen- the blame lie? How are we going to re- his career of 48 years in politics. It is a ators on the floor of the Senate, debat- solve the difference between those who distinguished career in politics. I can ing the great issues that affect this advocate lower taxes and those who ad- never hope to achieve what he has country. I wish more of our colleagues vocate lower spending? How is all that learned in the time that he has been in could have been here. I hope they are going to be worked out? government, both in the State of West watching in their offices on television, Madam President, I think that is the Virginia and in the U.S. Congress and to listen to these great Senators debate debate that has been going on in this the U.S. Senate. I have much of a con- this great issue. body, I suppose, for 200 years. That is trast with that. Because I agree with the Senator the old debate. Unfortunately we still I have been in politics for about a lit- from Utah that this is, if not ‘‘the,’’ keep getting the old result, and that is tle less than 60 days, so I have great certainly one of the most important a $5 trillion debt that we are approach- disadvantage in terms of his back- votes and decisions that will be made ing in this country, spending ourselves ground and his knowledge. But I also by the Senators in this body during into oblivion and bankrupting the next come with one advantage, because I their careers. I think we have to focus, generation. feel just having spent so much time from time to time during this debate, Everybody is for a balanced budget. I with the people of my State that I can on exactly what we are about. I think have not heard anyone speak yet who relate to a certain extent what is on it is nothing less than deciding wheth- was not for the concept of a balanced their mind and what they feel about er or not we are going to take the nec- budget. I have not heard anyone speak certain things.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2025 I suspect it is not limited to the are the leading indicators. I think they itself,’’ while all the time we turn from State of Tennessee. I think nothing are picking up on something, and they the world’s biggest creditor to the less than a revolution is going on in have something they understand much world’s biggest debtor. We turn from a this country and it is time this body more so than a lot of people around country that sometimes borrowed over- picked up on it. here understand. They see and under- seas for investment purposes to a coun- We have 6-year terms here. We are stand that we have gone from a country that now is borrowing larger and not supposed to bend with every wind try with one of the highest savings rate larger sums for purposes of consump- that blows, and that is good. But I in the industrialized world to actually tion. All the time, while we are going think those who have not been out the lowest savings rate. We must have from a country that has always had there among the people, talked to savings for investment. rates of investment and productivity them, listened to them, and had to be They see that we now have one of the that led the world to one that is among judged by them recently are not fully lowest investment rates of any of the the lowest in the world now; from a aware that just within the last few industrialized countries. They under- country that used to invest in its chil- years people’s thinking has changed in stand that you have to have invest- dren to a country that now is living off this country. I think people today in ment to have growth. But with one of of its children and grandchildren and the United States of America have de- the lowest investment rates, our children yet to be born. cided that our generation is not going growth rate is slowing down. People So the American people see that. The to be the generation that sees the talk about recent years, recent American dream is darkening for many United States of America go from the months. We are so short-term oriented people. You hear young people. You greatest country in the world to a sec- in this country. We cannot see the for- ask them whether or not they expect ond-rate power. I think that the people est for the trees. to do as well or better than their par- of this country have decided just re- The fact of the matter is we have had ents. For the first time in the history cently that they are not going to stand a good growth rate recently. But when of this country their answer is no. for the proposition that ours is the last you compare it with other points in They understand that family income generation that can expect to do as our history when we have come out of has been stagnant for 20 years in this well or better than their parents’ gen- recessions, we are growing at a much country. What a lot of people do not eration, which is what a lot of people slower rate coming out of a recession understand is that for younger house- are saying now. than ever before. The indicators are all holds income has actually fallen since I believe people feel a cynicism to- over the place. They see the astronom- 1973. For people who are starting fami- ward their Government, an alienation ical amount of money that we are hav- lies, working hard for a living, they un- from their Government, a dissatisfac- ing to borrow from foreign investors derstand that the middle class is actu- tion with the U.S. Congress. That has and our dependency on foreign inves- ally shrinking. never been before in this country. Per- tors. They pick up the paper and see We are falling into a second-rate haps some of it is unjustified. I submit what is going on with our neighbors power before our very eyes. They un- to you that much of it is very much south of the border and the trouble derstand that. They see all of that. justified. that they got into when the foreign in- As we debate these issues, and as we They also see what will happen if we do vestors decided that all of a sudden not make some incremental adjust- try to decide whose fault it was, and maybe it was not such a good deal after this bill that was passed, who voted for ments now. That is what it is all about. all. Nobody is talking about slashing pro- it, how many people on this side of the Many economists predict a credit grams and making massive cuts. For aisle and all of that, as we debate that, crunch in this world in the not-too-dis- the most part, the conversation you as we see the debt increase, as we see tant future. In 1993, we sent $41 billion hear is about economists having to the deficit increase, as we are taxing in interest payments overseas. People make some incremental differences, those unborn out there who do not talk about foreign aid. That is the larg- having to do with slowing down the have votes, as we see all of that, we see est foreign aid program we have in this rate of increase, those sorts of things. a public opinion poll occasionally that country. That is larger than all the for- shows that people in this country have eign aid programs put together plus Yet the U.S. Congress, as of yet, has a lower regard for the U.S. Congress the operation of our embassies; $41 bil- not even been willing to do that. We than almost any institution in Amer- lion we have sent out in interest pay- hear about all the dire consequences to ica. Seventy percent of the people in a ments because of the size of our debt. all these programs, and individuals will recent poll indicated that they believe The reason for that? The debt keeps have to cut back, and States will have the U.S. Congress is more interested in climbing, $4.8 trillion. The deficit is to cut back. There will be some things perpetuating itself and the individual hovering around before long $300 bil- that actually we might have to give up. Members in office than it is in doing lion, some say $400 billion before long. And we will have to give up the polit- the right thing. People are seeing that Although we have made a little ical power that goes along with it, with and they are demanding a change. progress in the last few years, one the ability to dole out these things and They are demanding that we turn away could argue, and everyone acknowl- buy the votes that we are used to buy- from this old debate, who shot John, edges, that in 1998 and thereafter it is ing in this country with the pork that whose fault it is, how we are going to going to go off the charts. Everybody we are used to doling out. Those times work out the details, and make one knows that. We have seen charts in have to change. fundamental commitment to ourselves this body that show us going along. Those times have to change. The def- and to the future generations. And that And along about that time, it is almost icit in this country, and the interest is that we are going to change the way straight up. we are paying on the deficit, as the we do business in this country, and we But we act like we have all this time Senator from Utah pointed out, is the are not going to hand over a second- and that the problem is not on us. But second highest expenditure in this Na- rate power to this next generation, yet, instead of facing up to it, instead tion. This year it may pass defense; it which is surely what we are doing as of realizing that, yes, we will have to may become the greatest expenditure sure as I am standing here today. put a straitjacket on ourselves because we have in the entire budget. It is sap- Why do they feel that way? Why do we have not been behaving the way we ping our savings which, in turn, is low- they feel that way? Are people whip- have to, we get scare tactics, we get ering our investment which, in turn, is ping them into a frenzy? Are some charts about who is going to be hurt, affecting our growth. If we are going to clever politicians convincing them of and widows and children are going to continue down that road, growth is things that are not really true? Are be left in the street, and Social Secu- going to slow, we will go into reces- they overly impressed with attack ads rity is going to be in danger, and all of sion, the economy will become more on TV? What is the reason for that? these other things. stagnant, foreigners will own more and I think it is more fundamental for We are urged to look to the short more of our productive capacities—we that. I think the people out in the term. ‘‘Don’t worry about down the pay them more and more—there will be country and having to work for a living road. Let that situation take care of lower paying jobs, a lower standard of

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2026 CONGRESSIONAL RECORD — SENATE February 2, 1995 living, and fewer younger people sup- programs and the interest on the debt cuts in the military and promised cuts porting a growing elderly population. in this country are going to take all of for the future, which we may or may When we talk about these dire con- our tax revenues. We will not have not get. sequences and about the path that this money for national defense, infrastruc- Putting that aside for a minute, be- Nation is on, we are experiencing the ture, schools, education, or anything cause even before the administration’s good news today, because the demo- else in this country. That is in 2012. own estimates, with all the wonderful graphics are working in our favor. We What has been the result? We hear things we are doing, it adds over $1 have a very large working population— that all we need is the will to do the trillion to the debt over the next 5 the baby boomers. We have more two- right thing and everyone purports to years. So this is being touted as a solu- income earner families than ever be- have it. Everyone says that they are in tion. This is being touted as an exam- fore. But in about 2010, those demo- support of a balanced budget, the imple of how good we can do. It adds $1 graphics are going to change. As the plication being if we will just put this trillion to the debt over the next 5 baby boomers start to retire, we are amendment aside that they are fight- years. going to have fewer and fewer people ing so hard, this time maybe we can do Why is it so difficult? Well, it is be- supporting more and more people in something about it. cause we factionalize in this country so this country. That is right around the I was doing a little reading on the much. Everybody has their own special corner. history of that. We have not been lack- interest and everybody has people they If we do not start making some incre- ing in lip service. The Balanced Budget have hired to come up here and descend mental adjustments now, we are going Act of 1921 required the President to on us. That is, of course, a large part of to have a situation in this country recommend a balanced budget. The what all this detailing is about and, of where these young working people are Revenue Act of 1964 said it was the course, everybody wants some kind of going to be paying 70 percent of their sense of the Congress that the budget detail. There are more proposals to bal- income in taxes. They are going to be had to be balanced, and soon. The Rev- ance the budget floating around this driven right through the floor in terms enue Act of 1978 stated that it was a town than you can count. CBO, I no- of their living conditions and in terms matter of national policy to balance ticed, had a proposal they wrote to the of their wages, and taxes are going to the budget of this Nation. The Hum- chairman of the Judiciary Committee go through the roof. If you read any- phrey-Hawkins Act of 1978 prioritized a with ideas on how to balance the budg- thing any person who has written re- Federal balanced budget. The Byrd et. The Concord coalition has one. Mr. cently on the subject—any person who amendment—Senator Harry Byrd of Peterson came out with one in his is now out of Government—and we hear Virginia—in 1978, was an amendment book. talk about the Concord coalition, a bi- passed that basically said that in fiscal What, really, I think, is desired by partisan group, and about Mr. Peter- year 1981 outlays cannot exceed re- some folks is the ability to put some- son, a former Secretary of the Treas- ceipts. That was the law passed. What thing on the table so special interests ury, who wrote a recent book about it. happened in 1981? We had a $79 billion can come in and put the pressure on to These are not debatable issues, I do not deficit. My research has not taken me defeat the balanced budget amend- think. It is clear that that is going to back far enough to find out what hap- ment. So you have all the individuals be the situation. What is that young pened to that. Apparently, it was ig- who have been used to the gravy train, working group of people on whom we, nored and I think after a while it got the pork barrel, and they do not want hopefully, all will be depending—and if embarrassing, so they took it off the to give it up. The folks that are af- we are alive, we will be—going to do? books. But we had a law that basically fected most are the kids at home, the I predict that they are not going to said the budget had to be balanced, for little grandkids, and generations yet to sit still for that. They are not going to a little while anyway. be born, and in that kind of a battle, sit still for 70 percent in taxes. They The Budget Act of 1974 is the founda- who do you think is going to win? Who are not going to sit idly by while they tion for the budgeting process today, has won in the past? It is going to be see all these dire things happening. The and it requires annual budget resolu- tough enough with a balanced budget chances are, I think, if we do nothing tions. People said, ‘‘We have it right amendment. now and we let that happen, these very this time. People will be afraid to vote Other nations have not really done programs that the opponents of the for these large deficits when they have much better than we have. Is there any balanced budget amendment want to to come up with budget resolutions.’’ hope to think that we can easily turn protect so greatly are going to be The next year the deficit ballooned this thing around without drastic rem- slashed, thrown on the floor, stomped, and, with few exceptions, it has edies, if you want to call it that? I decimated, and we will go further than ballooned ever since. think it is very modest. I wish it was anyone would ever dream of going Gramm-Rudman-Hollings, in 1985, tough. today in terms of cutting and doing mandated annual reductions in defi- I agree with some of the opponents to away with the programs that all of us cits, and it actually had an enforce- this amendment that, you know, there claim to want to protect today. ment mechanism—sequestration. That will be efforts to try to get around it Some people talk in terms of lasted a little while until the shoe got and in it, through it, under it, and all generational warfare. It will be the a little tight and everybody apparently of that. But I think it really has a young folks against the old folks. Is decided to take the shoe off. They re- chance; it really has an opportunity. that what we are headed toward? Are vised the targets. They revised them And it might be our last clear chance we not better than that, when we have again, and ultimately they became ir- to do something really meaningful for the solution before us? Or at least an relevant. the next generation. But how tough it opportunity to put ourselves into a po- The 1990 budget deal, which I heard is, how tough it is to turn around. sition to do something about it, be- talked about a minute ago, is used as The Senator from Utah is leading cause obviously we cannot under cur- an example of our ability to come to this fight for us to turn this gigantic rent circumstances. terms with this deficit problem. From force that is working against us, this The Entitlement Commission people what I read at the time, this great bi- gigantic force that is working for more ask why do we not do something about partisan compromise, of course, in- and more spending; putting off until it. The Entitlement Commission came volved increasing taxes, as it usually tomorrow; let us consume today; let us out with a report last August, a bipar- does, and the deficit increased. That not worry about it; get the votes today; tisan group, including Senator KERREY was the budget deal that was supposed hand out the pork today. from Nebraska, Senator DANFORTH to get the job done. It had no affect as Read Kennedy’s ‘‘Rise and Fall of the from Missouri, two very thoughtful far as decreasing the deficit was con- Great Powers,’’ and Kevin Phillips re- Members of this body, and they issued cerned. Just the opposite. In 1993 came cently came out with a book, ‘‘The Ar- some rather startling reports. The one the latest budget deal. They are prais- rogant Capital.’’ I do not know how in I remember is that in the year 2012, I ing the President for that deal, which the world he came up with a name like guess, or thereabouts, we are going to as I read is the largest tax increase in that but that was the title of his book, run out of money, that a handful of the history of the country, with major ‘‘The Arrogant Capital.’’

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2027 They talk in these books about the this next generation, this is the way to cause they got the message. They know history of the Nation and how the go. We will worry about the details in that is one of the reasons they are Spanish declined in the 16th century terms of the implementing legislation, here. I personally appreciate their ef- and how the Dutch went to great and we can have the debates that we forts in this matter. heights and declined in the 17th cen- have already started here today. I yield the floor to my colleague. tury and how the British went to great But I think it is vitally important f heights and declined in the 19th cen- that we get about the business of pass- APPOINTMENTS BY THE CHAIR- tury. And they really sort of asked the ing this amendment and make a state- MAN OF THE FINANCE COM- question: Do we feel as though we in ment that we are not so selfish that we MITTEE this country are immune to the laws of are going to sit idly by and debate nature and the laws of gravity? They these issues forever, using the moneys The PRESIDING OFFICER. The were unable to roll back the strong and the assets and the resources in the Chair announces on behalf of the chair- trends that were in their countries, very country that is the birthright of man of the Finance Committee, pursu- pushing them to greater deficits, great- the next generation; but we are going ant to section 8002 of title 26, United er debts, higher taxes, slowing econ- to take a step forward, say no to the States Code, a substitution in the omy, a declining manufacturing indus- vested interests, say no to those who membership of the Joint Committee on try, all the things that we are begin- want to continue to consume not just Taxation. The Senator from Kansas ning to see in this country. So the bat- what they are consuming now but more [Mr. DOLE] has resigned from the joint tle is not an easy one. and more and more, and say to every- committee and will be replaced by the You know, as we talk among our- one that we are all going to have to Senator from Utah [Mr. HATCH] for the selves, and we hear it regardless of make some incremental change. duration of the 104th Congress only. what the people want, people talk Is there any more basic commitment Therefore, the membership of the Joint about majority rule and all. Look at that a human being has than the one Committee on Taxation for the 104th any poll, answer your phone calls, read that he has to his children? If we had Congress is as follows: the Senator your mail. I do not think there is any our child standing next to us here, from Oregon [Mr. PACKWOOD]; the Sen- question but the American people have there is nothing that we would not do. ator from Utah [Mr. HATCH]; the Sen- decided: Enough is enough. We have to And yet, we are so dispersed in our at- ator from Delaware [Mr. ROTH]; the do things differently. We voted for a tention and we are so diverted in so Senator from New York [Mr. MOY- change. We have been wanting change many different ways, we have not been NIHAN]; and the Senator from Montana for some time. Maybe we thought we able to focus on what we are doing. [Mr. BAUCUS]. were trying to get it 2 years ago in the This debate will focus on what we are f doing. last Presidential election. APPOINTMENT BY THE VICE A fellow from Texas that hardly any- I commend the Senator from Utah PRESIDENT body knew went from nowhere and just and other colleagues in this great within a few short months he got into fight. The PRESIDING OFFICER. The a position where, some people said, Thank you very much. Chair, on behalf of the Vice President, under a slightly different set of cir- Mr. HATCH addressed the Chair. pursuant to section 1024, title 15, cumstances, he could have gotten the The PRESIDING OFFICER. The Sen- United States Code, announces the fol- nomination and been President, from ator from Utah. lowing majority appointments to the nowhere, because he was talking about Mr. HATCH. Madam President, I ask Joint Economic Committee: the Sen- changing the way we do business in unanimous consent that the distin- ator from Florida [Mr. MACK], chair- this country. guished Senator from New York be man; the Senator from Delaware [Mr. All that is going on out there. And given the floor after I make very brief ROTH]; the Senator from Idaho [Mr. yet we need a two-thirds vote in this remarks about the great remarks of CRAIG]; the Senator from Utah [Mr. body. my colleague from Tennessee. BENNETT]; the Senator from Pennsyl- And I understand there are even The PRESIDING OFFICER. The vania [Mr. SANTORUM]; and the Senator some people who voted for the balanced Chair wishes to make two announce- from Minnesota [Mr. GRAMS]. budget amendment last time who are ments and then will recognize the Sen- f now saying that they may vote against ator from New York, following the re- BALANCED BUDGET AMENDMENT it this time. Last time, they were pret- marks of the Senator from Utah. TO THE CONSTITUTION ty sure it would not pass and maybe Mr. HATCH. Madam President, I this time they are afraid that it might want to compliment the distinguished The Senate continued with the con- pass. So it is going to be difficult. Senator from Tennessee for his very, sideration of the bill. I, again, commend the Senator from very welcome and important remarks The PRESIDING OFFICER. The Utah, who is leading this fight and ar- on this issue. Chair recognizes the Senator from New ticulates this case so well. I think it is I think this new group of Senators is York. the most important vote we will have as good a group as I have ever seen Mr. D’AMATO. Thank you, Madam in a long, long time as far as this U.S. come into the U.S. Senate. We feel par- President. Senate is concerned. ticularly privileged to have four of Madam President, I wish to associate I only urge those within the sound of them on the Judiciary Committee, not myself with the remarks of our new my voice to remain focused on what the least of whom is the distinguished colleague, the distinguished Senator this is about. The patient—and maybe Senator from Tennessee. from Tennessee. I think he has spelled we are the patient—has been acting a In his own down-home Tennessean out very cogently why the American little crazy over the last several years, sort of way, he has laid out why we people voted for change. They are tired and we have not been doing the right have to pass this balanced budget of Big Brother Government saying, thing, and the thing we know that we amendment. I personally just want to ‘‘We know what’s best for you. We’re are going to have to do to get better. It express my appreciation and my high going to give it to you, whether you sure would be good to cure the patient. regard for him. I believe that the dislike it or not. We have programs that But we have been taking treatment tinguished Senator from Tennessee is are good for you, whether you can pay and medicine for a long time, and it is going to make a whale of a difference for them or not.’’ not doing us any good. here in the Senate, and already is mak- The people want a balanced budget Maybe the time has come that we are ing a whale of a difference on the Judi- amendment, and they are right. This is going to have to impose a straitjacket ciary Committee, as I am sure he is on no time to start playing politics as on ourselves. It is not perfect. But other committees. So I personally usual. This is an important issue. until we show some inclination, absent thank him for his kind remarks. I will tell you how important it is. If getting hit over the head with a 2 by 4, If people have been noticing, these we continue to do business as we have to do the obvious and right thing that new Senators have been coming here in the past, we will become just like we ultimately have to do to protect and speaking on this amendment be- our neighbor to the south.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2028 CONGRESSIONAL RECORD — SENATE February 2, 1995 Who will we go to for the bailouts? we will have the ability to see to it lars, and being on the Banking Com- Who? What are we talking about? We that those loan guarantees are not just mittee we will hold hearings and care- are not talking about cutting spending. withered away, and that we do not see fully monitor the execution of this Oh, no, we are talking about decreasing the American taxpayers picking up $20 agreement or the implementation, to the rate of spending. We are still going billion-plus. see to it that we do the best we can to to spend trillions—something like $13 I can name places I see loan guaran- see that there are real economic re- trillion in the next 7 years. We are tees and we know they will get paid forms, and we are not taking hard- talking about maybe cutting that down back, and they do help. Maybe Orange working taxpayers’ money and just to $12 trillion. If we can do that, we County. I remember loan guarantees shoveling it down there. Then in 3 or 4 have a balanced budget. for New York. Much more difficult years from now throw up our hands and What do we have here? The opposi- terms then those we have made avail- say, ‘‘Oh my gosh, we did the best we tion, the Democrats, are simply and able to our brethren in the south—Mex- could do. Maybe to protect our invest- purely stalling. They are looking for a ico. Guarantees. That means we are ment we have to invest another $20, way for escape clauses. Let me tell paid out over a period of 4 years. Not $30, or $40 million.’’ Members, there are many of our col- within an 18-month period of time. Look at the record and that is what leagues who voted on the other side for I did not know if the IMF and the it demonstrates. In 1982 the banks were the balanced budget amendment. What World Bank will do the kind of job or holding most of the paper and took a are they doing now? Why, they are whether they are in a position to see pretty terrific loss. It seems to me that scampering for the hills. The Senator that Mexico makes the kind of reforms 12 years later, the only difference is, from Tennessee was absolutely right. necessary, or whether they will just the American people may be poised They voted for the balanced budget continue to print paper. that they can get a bigger hit. That is amendment to protect their political I wonder, is it the business of this unfortunate. Thank you. country to see to it that those who in- hide in years gone by so they could go Mr. HATCH. Mr. President, I thank vested were getting 20- and 30-percent back and say to their people, ‘‘Oh, I the distinguished Senator from New returns in Mexico, that we will hold voted for the balanced budget amend- York. I appreciate his remarks, espe- them harmless and they will get every ment.’’ They knew we could not get cially those on the balanced budget single dollar and get back 20 percent? two-thirds. amendment. He certainly makes a dif- Is that the business of this country? If And here we are. Here we are, poised ference in this body, and will make a you make an investment and there is a to do something that the American difference once we pass that amend- high risk and you get 20-percent re- people overwhelmingly want. And what ment. are they doing? Ducking, shimmying, turn, people say you are a genius. But telling us, ‘‘How can you get there? if it goes sour and you go down, do we Mr. President, let me assure the Spell it out over the next 7 years.’’ really expect Uncle Sam, the American American people that the balanced They cannot tell us what they are taxpayers, Uncle Sam to bail you out budget amendment is neither snake oil going to do next month, let alone 7 and say, ‘‘We hold you harmless.’’ nor a tonic. It is a necessary first step years down the line. What kind of economic stabilization to a healthier economic lifestyle. It is What are the interest rates going to program is that? I wonder why it is as sensible as anyone who has been a be 7 years down the line? Keep spend- that we did not say to the Mexican binge deciding, finally, to go on a diet. ing this way, it will be 20-plus percent, Government, as those noteholders This amendment puts a bloated, over- we will not have any economy. The come due, ‘‘We will help you in renego- grown Federal Government, and out of Senator is right. Know what Social Se- tiating the payments and the terms.’’ control Federal bureaucrats, on a diet. curity will be worth? Know what infla- Why should people get dollar for dollar, Now, as our colleague from Idaho, who tion will take place? Incredible. What plus 20 percent? I did not know you did is certainly helping me on this amend- are we going to do then? It is about that in restructuring. Certainly that is ment and is one of the leaders on this time we did the business of the people. not what the capital system is about. amendment, Senator CRAIG has said, if Stop the pussyfooting. I have to tell Members, I think that someone decides to go on diet to lose The American people know what all the doom and gloom predictions and 100 pounds over 2 years, we do not ask they want. Those Members who were the fact that there would be huge im- that person to name every meal he or sent here to do the business of the peo- migration, masses coming across the she intends to eat over those 2 years. ple should keep our feet to the fire. I border, well, that is our Government’s To ask for a budget over the next 7 know it will be tough. But doing the responsibility to see that we stop that years is equally a diversion. right thing sometimes does require kind of thing. Indeed, just imagine if some of our some courage. The fact is that we You do not threaten the American colleagues had been sitting in the Con- should stick with the principles that people every time there is a crisis and stitutional Convention of 1787, in the American people are demanding. say, ‘‘My gosh, unless we do this, put Philadelphia. Just imagine when the They want Members to balance the up $20 billion, $40 billion we will have a following clause in article I, section 9 budget. They want Members to cut massive migration to this country.’’ Is came before the Convention: ‘‘No spending, cut taxes. It is right for that what we are coming to? Just raise money shall be drawn from the treas- America. We can do it. that specter of fear? And we all suc- ury, but in Consequence of Appropria- I have to tell Senators I am not going cumb? tions made by law * * *.’’ Oh no, these to look the other way. I will be very I hope this plan works. I have grave colleagues would have said, tell us how candid. If our colleagues begin this doubts. I predict if we look at the his- much the appropriations will be over business of attempting to find these es- tory, we saw economic devaluations the next 7 years or we cannot adopt cape clauses, we will call it to the at- every time there was an election. I this provision and this Constitution. tention of the American people. We would suggest this administration What about the clause in article I, sec- have an obligation to keep their feet to knew of this crisis, and knew of it tion 8, giving Congress the power to the fire, to do the business of the peo- quite some time ago. Maybe back last regulate foreign and interstate com- ple. November. And they hid it from the merce? Oh no, some of our colleagues Mr. President, in that connection, I American people. They did not step in would have said in Philadelphia in 1787, have to say I think that the President and insist that conditions be met at if they felt the same as some of our col- of the United States looked for a way that point in time. Now they come and leagues here, we cannot give Congress to get around the voice of the people. say the sky is falling in. Well, that is the power to regulate commerce until The voice of the people is the Congress. OK but I do not think it is right that we know the foreign tariffs and inter- And in proposing his new agreement to the American taxpayer has to step in. state regulations Congress will enact help our neighbors to the south, he cir- Mr. President, I will tell you as the over the next 7 years. If the spirit of cumvented the Congress. Now, I hope Senator charged with the responsi- these colleagues of ours had prevailed that that plan works. But I have grave, bility of seeing to it that we are not then, perhaps goods from New Jersey grave doubts. I have grave doubts that wasteful, as it relates to taxpayer dol- would still be taxed by New York.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2029 This is the Constitution we are ad- This assumes an annual deficit of again because he is voting for it. Those dressing here, not a budget document. $285 billion for this child’s first 18 years who do not are going to be the ones What is important here is this: What and the National Taxpayers Union who have the troubles. is going to happen to our country if we notes that the Congressional Budget We must all evaluate our current do not enact this balanced budget Office projects that the deficit will av- programs and spending levels to deter- amendment? erage $285 billion over the next 11 These monster deficits force the Fed- mine their effectiveness. This includes years. So our children and our grand- our State programs, as well. If we did eral Government to engage in massive children will pay and pay and pay un- borrowing. Interest rates are kept high not launder all the money through the less we pass this amendment. Federal Government, there would be a and are driven higher. Home buyers The American people want change. lot more money for the States, only it face higher mortgage rates, making it The amendment is part of that change. would not be laundered and there more difficult for hardworking Ameri- We cannot keep going the same old cans to get their piece of the American way around here. The old order, it would not be just 28 percent come to dream. Home builders cannot build seems to me, has to give on this issue. the States out of the laundering. They homes, workers do not have jobs, reve- And if we do not get the votes on this would have 100 percent, and they would nues are not paid to the Federal Gov- issue, then we have to rise up and get not have to increase taxes to get there. ernment. The greater the difficulty in rid of the old order. It is just that sim- The numbers given to us by my col- buying a home, the greater the prob- ple. Not because we dislike them or not league from West Virginia regarding lems in the home building industry. because they are not nice people or not the grants given to States assume that Employment will drop in that industry because we do not like our own Sen- each and every program will be contin- and in related businesses from realtors ators when they are at home; we have ued in its current form. I doubt that to title searchers. to get rid of them, we have to get peo- this is going to be true. I do not see The cost of buying consumer goods ple here who mean business on this. how anybody cannot doubt that is goes up as a result of these monster If we do not pass this balanced budg- going to be true. We are not going to deficits and the Government borrowing et amendment this time, we may never keep all these same programs in their it compels. Let us just take the auto- have a chance to do it again. It may be mobile industry as another example. current form. We are going to have to too late. But if we do pass it, then ev- change some of them. We are going to As the cost of credit goes up, auto- erybody here knows the game is over, mobile sales naturally are adversely af- have to delete some of them. They are they know the States are going to rat- fected. Also, workers get laid off. Auto going to be the lesser programs, the ify this amendment, and they know sales and service workers at your local ones that do not count as much as oth- that we are going to have to get to auto dealer get laid off. The industries ers. Some States may be happy to end work over the next 7 years to get that which supply the automobile manufac- some of these programs we force on trend line down to a balanced budget. turers all have to lay off people. Every them. But each of the States will re- It is that simple. consumer industry is adversely af- spond in its own way to meet the prior- The distinguished Senator from West ities of its own citizens. fected when the cost of credit goes up. Virginia has told us how much a bal- What about the impact of monster anced budget will hurt the States and As the ability of Congress to over- deficits on small business? Listen to a the American people and public. I do spend disappears, we will be forced to part of a statement submitted to the not think any of us here have claimed evaluate where the money is going. Judiciary Committee by the National This means that we should put the Federation of Independent Business, it will be easy to balance the budget or that there will be no pain involved. We money into the most effective pro- which strongly supports this amend- grams and stop funding the wasteful ment, I might add: are not painting nirvana here. We are saying there is going to be pain, but programs that just are not working. As deficits increase, the cost of capital increases. Large deficits absorb a significant pain with gain ultimately. We will have to examine our prior- portion of the available capital. As a result, For the first time in 19 years—really, ities and adjust our spending accord- private enterprises are crowded out of the the first time in recent history—Con- ingly. We have seen many proposals to pool of available credit for financing. Unfor- gress will be forced to make priority balance the budget without cutting So- tunately, this crowding out is not borne choices among competing programs, cial Security, Medicare, or other vital evenly across businesses of all sizes. It is and they will have to choose those that programs. While I do not know of one more probable that small businesses bear the are the most important programs, that is the ultimate solution, they do brunt of this financial displacement since those that do the most good, and they have fewer financing alternatives avail- show us that with a lot of cooperation able to them relative to larger firms. When maybe let those that are marginal and and work, we can find a roadmap to small businesses cannot obtain capital to im- some that are not as good go, just as balance the budget. prove facilities, purchase equipment, and ex- you do when you do your budget, just One example, for instance, would pand their operations, fewer jobs are created as the States do when they do theirs. and less revenue is sent to the Treasury. We all know it is going to be difficult hold the growth of Federal Government What a statement by the National to cut back on spending. As the Fed- spending, currently at 5.4 percent per Federation of Independent Businesses. eral Government goes on a diet, the year and going up, to 3.1 percent a Opponents of this amendment ask us States and our American citizens are year. This would balance the budget by about tax increases. If we do not pass smart enough to know that they are the year 2002. If we exclude Social Se- this amendment and put the Federal going to have to tighten their belts, as curity and constrain the spending Government on a fiscal diet, taxes are well. It is about time. It is about time growth to just 2 percent, the budget clearly going to go up to pay the ever- that we all just come to that conclu- would still be balanced—and that is ex- increasing interest on the ever-growing sion because that is where we are, and cluding Social Security. national debt. I do not know any Amer- there is no other way around it. This is without eliminating a single ican who really wants that to happen, This diet involves more than just program. There are ways of doing it. to just throw more money down the cutting our spending practices. It We just do not have the will to do it drain on the national debt’s interest. means a lifestyle change from the nor the need to do it because we do not Golly, when are we going to get it spending binges of the past. It means have the constitutional requirement or under control? changing the old order. It means mandate to do it. If we put this in the Here is what the National Taxpayers changing the old ways. It means mov- Constitution, I do not know of a Sen- Union says: ing into the 21st century with new ator in this body who would not change A child born today faces a huge bill by the ways. These new Senators are making his or her legislating style, who would time he or she is old enough to vote at age a difference. I notice one of them sits not change his or her attitude about 18. Paying interest on the national debt accumulated just in this child’s first 18 years in the chair right now, from Pennsyl- spending, who would not try to live up of life will cost that child’s family over vania. He got elected in part because to the mandate of the Constitution. We $103,000 in extra taxes on average over his or he was willing to stand up on this swear to do so, and I believe everyone her lifetime. issue, and he is going to get reelected here will.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2030 CONGRESSIONAL RECORD — SENATE February 2, 1995 I realize that it is not as simple as I world. But if we do not do right and we that the situation, the set of rules just explained with regard to the 2-per- keep spending like we are spending and under which we have operated—not cent increase in the budget each of the we keep interest against the national just for years but for generations—will next 7 years—we can reach a balanced debt rising like it is rising, not and cannot serve to lead this coun- budget without really cutting the pro- compounding every year, this country try along the road to fiscal sanity and grams—but we will have to examine will slip; it will fall; this whole hemi- a balanced budget and that, therefore, the spending patterns of the Federal sphere will be affected; the whole world drastic action in the form of a con- Government. We will have to eliminate will be affected; and our dollar will fall stitutional amendment is necessary. I some well-intentioned programs that in value to the point where those who believe that expresses the views of a are not working or not working well, are on fixed incomes, including our significant majority of the Members of and reform other programs that are seniors on Social Security, will be the this body—I hope of two-thirds of the not working as well as they could. most hurt. Members of this body. The important point, however, is This is important to our country’s fu- Those who oppose this constitutional that we can get there, but we will not ture. This is the single most important amendment, however, have either get there unless we put this mechanism vote that we will be casting when we brought up rather narrow technical ob- into the Constitution. vote up or down on this amendment. I jections to it or have stated almost It is not painless, and we will all feel am quoting Senator KENNEDY and Sen- without exception their devotion to the the pinch with the reduced spending ator BIDEN when I say that. But I agree idea of a balanced budget but their that will be necessary to balance the with them. This is the most important views that to change the Constitution budget. But if we do not balance the vote most of us will ever make. In in order to encourage it is a bad idea. budget, it will cause each and every order to get there we have to vote I believe they are wrong. I believe American taxpayer even more pain. If down all the killer amendments that those who feel that we should have a we continue to increase the debt, infla- will make it more difficult to pass it balanced budget but that we can reach tion will skyrocket and the dollars again in the House—and that is the that goal without a profound change in used by every American citizen will be purpose of them—and will make it the system under which both the Con- worth less, especially when we will be more difficult to pass it here. We are gress and the President of the United forced to monetize the debt. This will going to have to stand up and vote. States operate have a tremendously hurt even more than tightening our Now, I believe that we will have 67 difficult burden of proof. Because, of belts and making the spending cuts Senators who believe enough in this course, the rules that they want to necessary to balance the budget. If we country to vote for a balanced budget continue in effect have been the rules do balance the budget now, we will all amendment. The only chance we have during the entire time in which this share the benefit. It will not be too is this bipartisan consensus, Democrat- multitrillion-dollar debt has been built much for any single individual. We will Republican amendment, and acknowl- up. all have to share. edge that it was no small achievement How is it that they feel that sud- More importantly, however, we will for the House of Representatives to denly, without any change in the sys- all feel the benefits of lower inflation, pass this through for the first time in tem under which we operate, we will a more valuable dollar, and the secu- history. We have done it before in the nevertheless reach a goal which has rity of knowing that except in times of Senate, but we have also failed before. eluded us for such an extended period war or other hostilities, or in times of This time we do not intend to fail. If of time? That, it seems to me, should severe depression, we will maintain a we win, it is going to be because the be the central focus of this debate by balanced budget, which is what the American people got involved. So I the one group which stands for the sta- Founding Fathers really wanted, and hope everybody out there listening to tus quo, mostly on the liberal side of what they really assumed would be the this really inundates this Senate with the spectrum, which nevertheless gives rule under the Constitution. the demand that we pass the balanced lip service to a balanced budget, but This amendment will help us to do a budget amendment. which has given us not the slightest better job. This will do away with this Mr. President, I suggest the absence hint as to the road to be traveled in old attitude that if we just tax and of a quorum. order to reach that end. spend, we can get elected. The system The PRESIDING OFFICER. The If I understand it correctly, begin- will change to where we can get elected clerk will call the roll. ning tomorrow or certainly sometime if we live within our means, conserve The bill clerk proceeded to call the during the course of the next week, we the Federal Government’s money, the roll. will be faced, by adding to the Con- people’s money, if you will, work with Mr. GORTON. Mr. President, I ask stitution of the United States detailed the States, and quit intruding into unanimous consent that the order for provisions pursuant to which those who everybody’s life every day as the Fed- the quorum call be rescinded. feel the change in the Constitution is eral bureaucracy does now. The PRESIDING OFFICER. Without necessary will be required to outline, This country is in trouble. We are objection, it is so ordered. in absolute, binding detail in the laws fighting with all we have to try to Mr. GORTON. Mr. President, the of the United States, precisely the road solve the problems of this country, and Senate appears to be drawing fairly by which we will reach that goal by the this particular amendment can do it. close to the end of a week in which year 2002, ignoring the fact that there In all honesty, our spending in this Members have spoken in relatively will be three new elections for Congress country is at runaway proportions. We general terms about the desirability or between now and that year in which are destroying our country. We are de- lack of desirability of a constitutional different Members will be elected, dur- stroying the future of our young peo- amendment to nudge this Nation along ing which time crises in our inter- ple. For the first time in history—I re- the road toward a balanced budget. national affairs may or may not arise, peat it one more time—our kids do not Soon we will be dealing with specific crises in our own domestic and eco- have the promise of a better future amendments to this proposed constitu- nomic affairs may or may not arise, that we had. And I really, really resent tional amendment and I wish to speak with new Members with new knowledge that. for just a moment both in general who may wish an entirely different This is the greatest country in the terms and in specific terms. course of action than any we could pos- world. I suppose we could survive any- In general terms, we face the propo- sibly outline here. thing because of the resilience of the sition that divides this body, I believe Nevertheless, those who believe in American people. But we could survive at this point, simply into two camps. the status quo will be asking us to bind better if we do what is right. This Earlier this week, I had thought there ourselves to a precise, legally binding, country, if it is righteous and it does were three different and distinct atti- detailed blueprint of the way in which what is right and it lives within its tudes, but I have heard only two. There this goal will be reached. means and if Congress has the incen- are those who, like myself, believe that Mr. President, it is my position that tive to live within its means, will al- the country is in a serious crisis, that it is they, not we, who should provide ways be the greatest country in the the status quo is unsatisfactory, and us with that detailed blueprint.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2031 We believe that dramatic change is The assistant legislative clerk pro- ods, States can build and repair roads, necessary. We look at the history of ceeded to call the roll. improve schools, and lay the ground for the last decade or decades, and say the Mr. ROCKEFELLER. Mr. President, I the needs of their people. Under this system is broke. We wish to fix it. The ask unanimous consent that the order constitutional amendment for a Fed- way in which we wish to fix it is to for the quorum call be rescinded. eral balanced budget, that would not be strongly, in the Constitution of the The PRESIDING OFFICER. Without possible. This proposal is nothing less United States, encourage a balanced objection, it is so ordered. than a straitjacket that just might suf- budget by requiring a significant super- Mr. ROCKEFELLER. Mr. President, I focate the prosperity and economic majority which can unbalance one, thank the Presiding Officer for his growth that determines whether there which is still to be possible under courtesy. are jobs and opportunity for Ameri- emergency circumstances when a bi- Mr. President, as I struggle to get cans. partisan majority feels that it would be over my disbelief that we are back at This is where economics is not just necessary. We do not have, and we this, I rise once again to express my about textbooks or abstract theories. should not have, a detailed blueprint views of a constitutional balanced To eliminate the Government’s ability about how to reach that goal because, budget amendment. to stimulate the economy or to inter- if this proposal becomes a part of the The basic reasons I oppose this cede in a crisis is to create a recipe for Constitution, all will be a part of the amendment are the same ones that led disaster. Whether economic growth solution, those who favor it and those me to vote against it on the two pre- were strong or weak would be ignored who oppose it, including the President vious occasions—since I joined the Sen- in the name of a balanced budget. Re- and future Presidents of the United ate—that it has been before this body. cessions would be more frequent, States. The entire challenge will seem Congress does not need the U.S. Con- longer, and tougher to pull out of. quite different to us and to the Nation stitution to perform its responsibility Large spending cuts or tax hikes would at that point. And we will learn. I for the Federal budget. We were elected be required in times of slow growth, think we will learn that it may be a to make the decisions about where to just when the opposite is called for be- little bit easier than we had thought spend the hard-earned tax dollars of cause cutting Government spending or because the commitment to do so in Americans, and where not to spend raising taxes slows the economy even and of itself will, I think, lower inter- those dollars. We were elected to make more. Passing a balanced budget est rates, for example, here in the the decisions required to adapt to the amendment would exaggerate rather United States. country’s needs and to keep us mili- than mitigate America’s shifting eco- It will be my position, and I think tarily and economically strong. We do nomic fortunes. not need to add another page to the the position of many others here, that This year, I feel even more strongly Constitution to do our job. the group of Members of this body and that the constitutional balanced budg- And some of us have worked very the people in this country who believe et amendment is a bad idea whose time hard in the recent years to, in fact, do the status quo is good enough, who do has not come. That is because there is the job of digging out from the explod- not want change, who do not believe another script that many of this ing deficits of the 1980’s, reducing the change is necessary, but who neverthe- amendment’s proponents are working deficit, and changing the priorities of less, as they have almost without ex- from this year. It is called a plan to the Federal budget in order to cut ception, given lip service to a balanced generate tax cuts that are expected to waste and increase investment in budget, it is they who are under the cost between $400 and $700 billion over America’s future. I have cast many duty of telling us exactly how they will the same 7 years that this amendment votes in the recent years for actual reach that goal without a change in would require a balanced budget. These cuts, for detailed changes in policy, the Constitution, without a change in are tax cuts that go far beyond relief and for specific budget plans—all the the rules in which we operate in this for hard-working Americans and the time, watching many colleagues vote Senate. middle class. You will find it in some- the other way because somehow those Mark my words, Mr. President. Next thing called the contract for America, specific ideas just weren’t quite palat- week, as we begin to cast votes on and it is a script that wants to stage these various amendments to the able or perfect enough for him. It is no accident that the Federal def- the revival of tax cuts for the wealthy amendment, one fact should remain be- and corporations—this time with the fore all of the American people. We are icit will drop this year for the third year in a row, for the first time in 50 hope it will not pull the rug out from either for or against this change. We the rest of Americans like it did before. are either for or against a new way of years. The deficit finally started to Well, Broadway should stick to doing business. We are either for or shrink because instead of waiting to bringing back old scripts, not Capitol against the status quo. And those who get the Constitution to tell us to cut Hill. In representing West Virginia, I try to hide or obfuscate that issue spending and require some fiscal dis- don’t want to see any revivals of past through changes, through technical ob- cipline, we did it ourselves. nightmares. jections, through demands for detailed I want to see the Federal budget bal- blueprints, essentially are saying the anced, too. But I refuse to strap the When I was Governor, and watched status quo is just fine. Federal budget into a speeding train, Congress promise to balance the budget Those who hold to the goal of this having no idea who and what in my while cutting taxes, I saw what hap- proposed constitutional amendment in State of West Virginia that train will pened in living color. Our plants that this form, the form in which it passed crush. I got elected to help steer that shut down and threw working families the House of Representatives, are truly train, to help set its speed, and to ad- of West Virginia into foreclosures and those who are devoted to a new and dif- just its route—so we can change course bankruptcies. Our kids who dropped ferent way of doing business, a way of when we need to deal with less than out of college because tuition money doing business in which we no longer minor matters like recessions, natural had to go to their families’ mortgage spend whatever we like and pass the disasters, military crises, and other payments and medical expenses. Our bill on to our children and grand- dire needs or situations. senior citizens who kept thermostats children. As a former Governor of West Vir- at 58 degrees because they could not af- That is the issue we began to debate ginia, I am shocked every time I hear ford heating oil. this week. It will be the issue in every proponents of the constitutional So when I say I want to see the hid- vote we take until finally, as I hope we amendment say ‘‘this is just doing den details of this balanced budget will, we pass this joint resolution and what States have to do.’’ That is com- amendment, it is not for political rea- send it to the people of the 50 States pletely and utterly wrong, and it is in- sons or academic curiosity. It is be- for their ratification. sulting and misleading to the Amer- cause of the contract I have with West Mr. President, I suggest the absence ican people. Every Governor and every Virginia. It is because now I am here, of a quorum. State government has tools, outside of not in the State House, to cast my vote The PRESIDING OFFICER. The its operating budgets, to borrow and to and say show us just how you are going clerk will call the roll. invest. Through bonds and other meth- to get this done.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2032 CONGRESSIONAL RECORD — SENATE February 2, 1995 For those who want to put the Fed- squeezing unprecedented amounts of cratic President, I thought Congress eral budget on this speeding train, money out of Medicare, Medicaid, and was figuring out that it was time to where’s your map? Who gets thrown off veterans health care and benefits. It is take a different approach. No more the train, and who gets to stay on? Will just not possible. The Senate Budget games, no more empty promises. If we it be the programs and services that Committee staff have even acknowl- deserve to be here, we have to make feed children, care for veterans, pay edged that $644 billion will have to real choices and honest decisions. our rural hospitals, and keep our water come somehow from the so-called enti- When enough of us started doing that, clean and safe? Will the highways now tlement programs—except for Social then and only then did the Federal def- being finished in my State—while Security—over the next 7 years to hurl icit start to shrink. The job is far from other States got theirs paid for before the budget into balance. Maybe the done, and it is not getting any easier. us—end up being roads to nowhere be- nightmares will not happen. Maybe But by working out a balance between cause the money will run out? Will our seniors will not find benefits cut off. what must be done to invest in our peo- seniors find out that Medicare cannot Maybe the veterans hospitals can stay ple and use their hard-earned tax dol- keep its promise just when they need open. Maybe we will not just give up on lars more wisely, we have a course that health care? immunizing poor children. But maybe I see as far less reckless and dangerous West Virginia has the right-to-know not. We could be sending people over than strapping this amendment onto what the script will be this time. If it cliffs with this train. the U.S. Constitution. is to be a reprise of the 1980s, we are Again, that’s why I add my voice to The balanced budget amendment is a not buying tickets. We saw the unem- the right-to-know idea. The proponents quick-fix for a problem that has grown ployment rates or some of our counties of this amendment have an obligation soar over 50 percent. We lost $1.7 bil- because of quick-fixes. West Virginia to think through what course they will does not deserve any repeats of a cruel lion in aid—the largest per-capita in take. Will it be a collision course for the Nation—almost $1,000 per person. and unfair past. So spell it all out for our economy, finally growing again, us—every spending cut and every tax— We watched our plants close, we facing intense competition from other watched our hospitals shut services, we and show us where the money to bal- nations while working families can’t ance the budget this quickly, with con- watched our schools work with fewer seem to get their incomes up? Or resources, and we were forced into a restraints that not a single State govern- maybe there’s a map I haven’t seen ment is under, will come from. Until cession that the State is only now yet—one that accelerates the deficit starting to pull out of. So West Vir- you can, do not ask West Virginia to reduction that I also want, but keeps sign on. We know the old saying, ‘‘Fool ginia will not be trampled again. the country and my State on an even I understand the lure, the appeal, the me once, shame on you. Fool me twice, course. shame on me.’’ And we will not get aroma of a constitutional amendment Mr. President, the tools for deficit re- to balance the budget. Write into the fooled again. duction are already in hand. Cutting most sacred document of this Nation, I thank the Chair and I yield the wasteful and frivolous spending, cre- one of the most venerable documents floor. ating a climate for productivity with in the world, that we, the Congress, accessible credit and sound trade poli- Mr. HATCH addressed the Chair. will require that expenditures made by cies, and keeping workers on the job. The PRESIDING OFFICER. The Sen- the Federal Government do not exceed That’s just common-sense deficit re- ator from Utah. its revenues. Mr. HATCH. I suggest the absence of But this is the classic case of putting duction. I will not change that stand until a quorum. the cart before the horse. In the real those who support this amendment can world, this promise means coming up The PRESIDING OFFICER. The detail all the spending cuts and tax in- with a total of $1 trillion in actual clerk will call the roll. budget cuts over 7 years—years that creases necessary to reach the prom- The assistant legislative clerk pro- are going to fly by very quickly. If ised land. Show my people the plan. ceeded to call the roll. those tax cuts for a lot of non-middle- Show Americans the specifics, so we Mr. SANTORUM. Mr. President, I class Americans get thrown onto the can also debate how they will affect ask unanimous consent that the order equation, we are talking about $1.4 tril- our economy. Show this Nation’s hard- for the quorum call be rescinded. pressed families how they will send lion in spending cuts. Then, if Social The PRESIDING OFFICER. Without Security is excluded, defense is given their kids to college when student loans disappear. Show American indus- objection, it is so ordered. special protection, and there are few Mr. SANTORUM. Mr. President, in other untouchables, what exactly does try and workers how we will keep up with our competitors when we just give the last few minutes here before we $1.4 trillion in budget cuts mean to the pack up and call it a day, I wanted to people of West Virginia—and to the up on research that plants the seeds for the next wave of technology. Show respond to some of the comments that people of the other States? the Senator from West Virginia just Just when West Virginia is getting Governors, State legislators, mayors made while I was presiding. He made up from the beating we took over a how the greatest unfunded mandate of some comments that were familiar in decade ago, we face this. Just as our in- all time—this balanced budget amend- tone, that I had been hearing through- dustries and workers are standing up ment—will help them pick up the out the day and throughout the week to the challenges of the new economy, pieces. What happens when States and by so many Members who have risen in determined to make it, we face this. communities do not get the funds to This amendment, with those added fight crime, train teachers, promote opposition to the balanced budget tax cuts, threatens to pull $2.7 billion their exports, or repair their bridges? amendment. away from West Virginia. That means We watched some of this show al- I keep hearing this familiar refrain, much less for education, job training, ready, and it was a huge flop. In the ‘‘I am for a balanced budget—but.’’ ‘‘I housing, health care, student loans, 1980’s, we watched arbitrage kings and really believe in a balanced budget— veterans services, you name it. That junk-bond peddlers make fortunes however.’’ ‘‘We need to get to a bal- means less to feed schoolchildren, sup- while factories padlocked their gates anced budget but this constitutional port our police, invest in our univer- and cast workers into the cold. We saw amendment just is not the way to do sity research. a nation divided into winners and los- it.’’ ‘‘You need to tell us how you are Even some proponents of the bal- ers as budget efforts took from those going to get there. But I want to get anced budget amendment are realizing who could give least and asked little, if there, too, but I do not need to tell you that, this time—as a new car called anything, from those who had the but you need to tell us, because you are $400-billion-plus of tax cuts is hitched most. The middle-class worked harder for a balanced budget amendment.’’ Or, onto the speeding train—this time, we just to keep up, the poor got poorer you are for a balanced budget amend- all better know what the route consists with less chance to get ahead, and the ment but you are not for this amend- of. rich rode first class as they profited. ment, because this amendment says For example, it is not possible to In the recent years, and I do not just that we are going to have a balanced achieve $1.4 trillion in cuts without mean the past 2 years under a Demo- budget by the year 2002.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2033 Then when are you for a balanced from Pennsylvania. I cannot say what Eleanor Hill, Virginia, to be Inspector Gen- budget amendment? If not in the year it means to me to see these new Sen- eral, Department of Defense. 2002, are you for a budget balanced ators on the floor coming down here The following-named officer to be placed in budget in 2003? 2004? 2005? Pick a num- and standing for the balanced budget the grade indicated under the provisions of title 10, United States Code, section 1370: ber. Tell us when you think we should amendment. All 11 of them do. It is an have a balanced budget, and then you amazing transition, an amazing To be lieutenant general tell us how you will get us there. But change. As somebody who has been Lt. Gen. Ira C. Owens, 000–00–0000, U.S. do not stand and say that you are for a fighting for this for the last 18, 19 Army. balanced budget in the abstract, but it years, I have to say, these folks, like The following-named officer for appoint- would be too painful and too hurtful to the distinguished Senator from Penn- ment to the grade of lieutenant general while assigned to a position of importance your State or to the individuals that sylvania, are making a difference. And and responsibility under title 10, United you know who will suffer under this, to they will make a difference, coupled States Code, section 601: get there. You are either for a balanced with heroic Democrats who are willing To be lieutenant general budget and for the commitment to get to fight side by side with us because— there, or you are just talking. And we whether liberal or conservative—they Maj. Gen. Paul E. Menoher, Jr., 000–00–0000, U.S. Army. have been doing a lot of talking here in feel that it is now the time to make The following-named brigadier generals of the Senate and the House for a lot of this change. We have to do it. the U.S. Marine Corps for promotion to the years about how we are going to get to So I want to compliment the distin- permanent grade of major general, under the a balanced budget. guished Senator from Pennsylvania. I provisions of section 624 of title 10, United Now, the Senator from West Virginia have great respect for him. He deserves States Code: said that he took pride in the vote he it. He is a great addition to this U.S. To be major general cast 2 years ago, 1993, that put us on Senate. I hope he will keep fighting Brig. Gen. Leslie M. Palm, 000–00–0000. course. We are on course, he said. We side by side us on this and other mat- Brig. Gen. Michael J. Williams, 000–00–0000. are on course. I do not know if he has ters. Brig. Gen. Lawrence H. Livingston, 000–00– seen some of the deficit projections by f 0000. the Congressional Budget Office. We Brig. Gen. Martin R. Steele, 000–00–0000. are not on course to a balanced budget. MESSAGES FROM THE HOUSE Brig. Gen. Frederick McCorkle, 000–00–0000. We are not even close to being on At 3:55 p.m., a message from the Brig. Gen. Michael D. Ryan, 000–00–0000. course to a balanced budget. This budg- House of Representatives, delivered by Brig. Gen. Patrick G. Howard, 000–00–0000. et is going to hang around where it is Ms. Goetz, one of its reading clerks, an- Brig. Gen. Wayne E. Rollings, 000–00–0000. The following-named officer for reappoint- right now for the next couple of years, nounced that the House has passed the and then just goes way up again around ment to the grade of Vice Admiral while as- following bills and joint resolution, in signed to a position of importance and re- the turn of the century, doubling from which it requests the concurrence of sponsibility under title 10, United States where it is today. We are not on course the Senate: Code, section 601: for a balanced budget. H.R. 101. An act to transfer a parcel of land To be vice admiral We must do something just to keep to the Taos Pueblo Indians of New Mexico. Vice Adm. William C. Bowes, 000–00–0000, the deficits where they are now. We H.R. 400. An act to provide for the ex- will have to pull back Government, or, U.S. Navy. change of lands within Gates of the Arctic The following-named officer for appoint- as some would propose, increase taxes, National Park and Preserve, and for other ment to the grade of lieutenant general just to hold where we are as far as an- purposes. while assigned to a position of importance nual deficits. So we are not on course. H.R. 440. An act to provide for the convey- and responsibility under title 10, United We are way off course. ance of lands to certain individuals in Butte States Code 601(a): County, California. Now, I come from southwestern To be lieutenant general Pennsylvania, which is the border of H.J. Res. 50. Joint resolution to designate the visitors center at the Channel Islands Maj. Gen. John N. Abrams, 000–00–0000, U.S. West Virginia. I actually lived the first National Park, California, as the ‘‘Robert J. Army. 7 years of my life in West Virginia. I Lagomarsino Visitors Center.’’ The following-named officer for appoint- am very familiar with West Virginia. f ment to the grade of lieutenant general And I am very familiar with the pain while assigned to a position of importance that a lot of the people in West Vir- MEASURES REFERRED and responsibility under title 10, United States Code, section 601(a): ginia and southwestern Pennsylvania The following bills and joint resolu- and around the Pittsburgh area where I tion were read the first and second To be lieutenant general am from, suffered during the early times by unanimous consent and re- Maj. Gen. Guy A.J. LaBoa, 000–00–0000, U.S. 1980’s. And I represented a congres- ferred as indicated: Army. sional district before I came here H.R. 101. An act to transfer a parcel of land (The above nominations were reported where in the late 1970’s there were over to the Taos Pueblo Indians of New Mexico; to with the recommendation that they be con- 110,000 steelworkers working in my dis- the Committee on Energy and Natural Re- firmed, subject to the nominees’ commit- trict. When I was sworn into office in sources. ment to respond to requests to appear and the early 1990’s, there were less than H.R. 400. An act to provide for the ex- testify before any duly constituted com- 15,000 steelworkers remaining. change of lands within Gates of the Arctic mittee of the Senate.) Now, I know what economic devasta- National Park and Preserve, and for other Mr. THURMOND. Mr. President, tion is, but I can tell Senators, the peo- purposes; to the Committee on Energy and from the Committee on Armed Serv- ple in that district, the people in West Natural Resources. ices, I report favorably the attached Virginia, are not concerned about the H.R. 440. An act to provide for the convey- listing of nominations. ance of lands to certain individuals in Butte next Government program we will cre- Those identified with a single aster- County, California; to the Committee on En- isk (*) are to be placed on the Execu- ate to put them back to work or to ergy and Natural Resources. train them. What they want are good, H.J. Res. 50. Joint resolution to designate tive Calendar. Those identified with a private sector jobs. And that is what the visitors center at the Channel Islands double asterisk (**) are to lie on the responsible fiscal policy will get this National Park, California, as the ‘‘Robert J. Secretary’s desk for the information of country. Sound fiscal policy will sta- Lagomarsino Visitors Center’’; to the Com- any Senator since these names have al- bilize this economy and create jobs mittee on Energy and Natural Resources. ready appeared in the RECORDS of Jan- into the future. f uary 6 and 10, 1995 and to save the ex- I look forward to the opportunity to pense of printing again. respond further to the Senator from EXECUTIVE REPORTS OF The PRESIDING OFFICER. Without West Virginia and others on that side COMMITTEES objection, it is so ordered. of the aisle. I see it is time to wrap The following executive reports of (The nominations ordered to lie on things up, so I will yield the floor. committees were submitted: the Secretary’s desk were printed in Mr. HATCH. Mr. President, I want to By Mr. THURMOND, from the Committee the RECORDS of January 6 and 10, 1995 compliment the distinguished Senator on Armed Services: at the end of the Senate proceedings.)

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2034 CONGRESSIONAL RECORD — SENATE February 2, 1995 *Lt. Gen. Ira C. Owens, USA to be placed **In the Army there are 168 appointments By Mr. D’AMATO: on the retired list in the grade of lieutenant to the grade of colonel and below (list begins S. 337. A bill to enhance competition in the general (Reference No. 92). with Richard Monnard) (Reference No. 122). financial services sector, and for other pur- *Maj. Gen. Paul E. Menoher, Jr., USA to be **In the Air Force there are 2,168 proposes; to the Committee on Banking, Hous- lieutenant general (Reference No. 93). motions to the grade of lieutenant colonel ing, and Urban Affairs. *In the Marine Corps there are 8 pro- (list begins with George M. Abernathy) (Ref- By Mr. DASCHLE (for himself, Mr. motions to the grade of major general (list erence No. 123). ROCKEFELLER, Mr. AKAKA, Mr. begins with Leslie M. Palm) (Reference No. ** In the Air Force there are 2,776 to the KERREY, Mr. DORGAN, and Mr. CAMP- 94). grade of major (list begins with Milton C. BELL): *Vice Adm. William C. Bowes, USN for re- Abbott) (Reference No. 124). appointment to the grade of vice admiral S. 338. A bill to amend title 38, United ** In the Air Force there are 2,523 appoint- States Code, to extend the period of eligi- (Reference No. 96). ments to the grade of captain (list begins **In the Air Force there are 5 promotions bility for inpatient care for veterans exposed with Donald R. Adams, Jr.) (Reference No. to toxic substances, radiation, or environ- to the grade of lieutenant colonel and below 125). (list begins with Rex E. Carpenter) (Ref- mental hazards, to extend the period of eligi- ** In the Army there are 80 promotions to bility for outpatient care for veterans ex- erence No. 100). the grade of colonel (list begins with John F. **In the Air Force Reserve there are 3 ap- posed to such substances or hazards during Armstrong) (Reference No. 126). service in the Persian Gulf, and to expand pointments to the grade of lieutenant colo- ** In the Army Reserves there are 600 pro- nel (list begins with William H. Bobbitt) the eligibility of veterans exposed to toxic motions to the grade of colonel (list begins substances or radiation for outpatient care; (Reference No. 101). with Glendon L. Acre) (Reference No. 127). **In the Air Force Reserve there are 19 pro- to the Committee on Veterans’ Affairs. ** In the Marine Corps Reserve there are 85 motions to the grade of lieutenant colonel By Mr. DOMENICI (for himself and Mr. promotions to the grade of lieutenant colo- (list begins with Travis D. Balch) (Reference BINGAMAN): nel (list begins with Karen J. Anthony) (Ref- No. 102). erence No. 128). S. 339. A bill to ensure the provision of ap- **In the Air Force Reserve there are 32 pro- ** In the Navy there are 809 appointments propriate compensation for the real property motions to the grade of lieutenant colonel to the grade of captain and below (list begins and mining claims taken by the United (list begins with David S. Angle) (Reference with Joseph A. Surette) (Reference No. 129). States as a result of the establishment of the No. 103). White Sands Missile Range, New Mexico; to **In the Army there are 2 promotions to * Maj. Gen. John N. Abrams, USA to be lieutenant general (Reference No. 145). the Committee on Armed Services. the grade of colonel (list begins with Stephen By Mr. BROWN: M. Bahr) (Reference No. 104). * Maj. Gen. Guy A.J. LaBoa, USA to be S. 340. A bill to direct the Secretary of the **In the Army there are 15 promotions to lieutenant general (Reference No. 147). Interior to conduct a study concerning eq- the grade of colonel (list begins with John E. ** In the Air Force there are 32 appoint- uity regarding entrance, tourism, and rec- Baker) (Reference No. 105). ments to the grade of colonel and below (list **In the Army there is 1 appointment as begins with Lydia D. David) (Reference No. reational fees for the use of Federal lands permanent professor at the U.S. Military 148). and facilities, and for other purposes; to the Academy (Colonel Kip P. Nygren) (Reference ** In the Army there are 4 promotions to Committee on Energy and Natural Re- No. 106). the grade of major (list begins with Ajay sources. **In the Army Reserve there are 14 pro- Verma) (Reference No. 149). S. 341. A bill to extend the authorization of motions to the grade of colonel and below ** In the Army there are 44 promotions to the Uranium Mill Tailings Radiation Control (list begins with David A. Gutowski) (Ref- the grade of lieutenant colonel (list begins Act of 1978, and for other purposes; to the erence No. 107). with Rose J. Anderson) (Reference No. 150). Committee on Energy and Natural Re- **In the Army Reserve there are 9 appoint- ** In the Army there are 66 appointments sources. ments to the grade of colonel and below (list to the grade of captain (list begins with Mi- S. 342. A bill to establish the Cache La begins with Eduardo C. Cuison) (Reference chael T. Adams) (Reference No. 151). Poudre River National Water Heritage Area No. 108). ** In the Air Force there are 1,002 appoint- in the State of Colorado, and for other pur- **In the Army Reserve there are 34 pro- ments to the grade of second lieutenant (list poses; to the Committee on Energy and Nat- motions to the grade of colonel and below begins with David W. Abba) (Reference No. ural Resources. (list begins with James E. Akers) (Reference 152). By Mr. DOLE (for himself, Mr. NICK- No. 109). Total: 10,759. LES, Mr. BOND, Mrs. HUTCHISON, Mr. **In the Army Reserve there are 33 pro- f MURKOWSKI, Mr. LOTT, Mr. COCHRAN, motions to the grade of colonel and below Mr. HATCH, Mr. DOMENICI, Mrs. (list begins with Charles M. Coleman) (Ref- INTRODUCTION OF BILLS AND KASSEBAUM, Mr. COATS, Mr. ABRA- erence No. 110). JOINT RESOLUTIONS HAM, Mr. INHOFE, Mr. SMITH, Mr. **In the Army Reserve there are 41 pro- SANTORUM, Mr. THOMPSON, Mr. WAR- motions to the grade of colonel and below The following bills and joint resolu- NER, and Mr. KYL): (list begins with Frank D. Chaffee) (Ref- tions were introduced, read the first erence No. 111). and second time by unanimous con- S. 343. A bill to reform the regulatory process, and for other purposes; to the Com- **In the Army Reserve there are 23 pro- sent, and referred as indicated: motions to the grade of colonel and below mittee on the Judiciary. By Mr. CONRAD: (list begins with Richard E. Cooley II) (Ref- By Mr. SHELBY (for himself and Mr. S. 332. A bill to provide means of limiting erence No. 112). HEFLIN): the exposure of children to violent program- **In the Army Reserve there are 49 pro- S. 344. A bill to direct the Secretary of the ming on television, and for other purposes; motions to the grade of colonel and below Interior to make technical corrections to to the Committee on Commerce, Science, (list begins with Michael P. Breithaupt) maps relating to the Coastal Barrier Re- and Transportation. (Reference No. 113). sources System, and for other purposes; to **In the Army there is 1 promotion to the By Mr. MURKOWSKI (for himself, Mr. the Committee on Environment and Public grade of lieutenant colonel (David E. Bell) JOHNSTON, and Mr. LOTT): Works. (Reference No. 114). S. 333. A bill to direct the Secretary of En- By Mr. WARNER (for himself and Mr. ergy to institute certain procedures in the **In the Army there is 1 promotion to the ROBB): grade of lieutenant colonel (Leopoldo A. performance of risk assessments in connection with environmental restoration activi- S. 345. A bill to authorize the Secretary of Rivas) (Reference No. 115). the Interior to acquire and to convey certain **In the Army there are 35 appointments to ties, and for other purposes; to the Com- mittee on Energy and Natural Resources. lands or interests in lands to improve the the grade of major (list begins with John C. management, protection, and administration By Mr. MCCONNELL (for himself and Aupke) (Reference No. 116). of Colonial National Historical Park, and for Mr. BIDEN): **In the Army there is 1 promotion to the other purposes; to the Committee on Energy grade of major (Darryl A. Wilkerson) (Ref- S. 334. A bill to amend title I of the Omni- bus Crime Control and Safe Streets Act of and Natural Resources. erence No. 117). By Mr. DOMENICI (for himself and Mr. **In the Marine Corps there is 1 promotion 1968 to encourage States to enact a Law En- INOUYE): to the grade of colonel (Thomas E. Sheets) forcement Officers’ Bill of Rights, to provide (Reference No. 118). standards and protection for the conduct of S. 346. A bill to establish in the Depart- **In the Navy and Naval Reserve there are internal police investigations, and for other ment of the Interior the Office of Indian 28 appointments to the grade of commander purposes; to the Committee on the Judici- Women and Families, and for other purposes; and below (list begins with Michael J. Esper) ary. to the Committee on Indian Affairs. (Reference No. 120). By Mr. LOTT: By Ms. SNOWE (for herself and Mr. **In the Navy and Naval Reserve there are S. 335. A bill for the relief of Joe W. Floyd; BROWN): 42 appointments to the grade of commander to the Committee on Armed Services. S. 347. A bill to amend the Immigration and below (list begins with Claudio Biltoc) S. 336. A bill for the relief of John T. Monk; and Nationality Act to make membership in (Reference No. 121). to the Committee on Veterans’ Affairs. a terrorist organization a basis of exclusion

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2035 from the United States; to the Committee on children in our society are spending 6 I cite the alarming report of the Cen- the Judiciary. hours a day watching television. What ter for Media and Public Affairs that By Mr. NICKLES (for himself, Mr. do they see? One thing they see is end- was done in August of last year. The DOLE, Mr. BOND, Mrs. HUTCHISON, Mr. less acts of mindless, gratuitous vio- center, working with the Guggenheim MCCONNELL, and Mr. LOTT): S. 348. A bill to provide for a review by the lence. Mr. President, it has an affect Foundation, reported that television is Congress of rules promulgated by agencies, and it is a bad affect. It teaches chil- considerably more violent in 1994 than and for other purposes; to the Committee on dren that one way to deal with prob- it was 2 years previous. Governmental Affairs. lems is to engage in acts of violence. Mr. President, I direct your attention By Mr. MCCAIN (for himself and Mr. And in many cases it teaches them to the chart that we have prepared that KYL): that there are no consequences, there shows what has happened to the daily S. 349. A bill to reauthorize appropriations is no pain. People are blown away and violence on television, a comparison for the Navajo-Hopi Relocation Housing Pro- gram; to the Committee on Indian Affairs. it does not make a difference. between 1992 and 1994. This shows the By Mr. BOND: We know better. We know it does incidents of violence per hour that are S. 350. A bill to amend chapter 6 of title 5, make a difference, and we know this is going out over the media. United States Code, to modify the judiciary not what we should be teaching our Networks in 1992 had 25 violent acts review of regulatory flexibility analyses, and children. Because of a lack of action on per hour on average. In 1994, that had for other purposes; to the Committee on the this issue, I formed the Citizens Task increased to 43 acts of violence per Judiciary. Force on TV Violence, comprised of 28 hour. Cable was even more egregious. f national organizations representing Cable had 55 acts of violence per hour STATEMENTS ON INTRODUCED medical professions, parents, edu- in 1992. That escalated to 75 acts of vio- BILLS AND JOINT RESOLUTIONS cators, law enforcement, and churches. lence per hour on average in 1994. Only We formed that group in June 1993. By Mr. CONRAD: Public Broadcasting had modest levels In December of that year, the Attor- of violence and was stable in the acts S. 332. A bill to provide means of lim- ney General, Janet Reno, asked us for iting the exposure of children to vio- of violence portrayed between the a set of recommendations. We sub- years of 1992 and 1994. lent programming on television, and mitted seven recommendations to the for other purposes; to the Committee Mr. President, although there has Attorney General. Those recommenda- been a lot of talk about doing some- on Commerce, Science, and Transpor- tions called for the adoption of a tough tation. thing about violence in the media, entertainment-media violence code, there has been precious little action. THE CHILDREN’S MEDIA PROTECTION ACT OF 1995 support for technology that would per- I believe the American people do not Mr. CONRAD. Mr. President, today I mit parents to more effectively mon- want their children and families ex- rise to introduce the Children’s Media itor children’s viewing of television. posed to the extraordinary violence Protection Act of 1995. We recommended strengthening the that is occurring in the entertainment Mr. President, last Tuesday, the Children’s Television Act of 1990, media on a daily basis. President in his State of the Union Ad- scheduling hearings by the FCC on tel- dress, asked Americans to take respon- evision violence, convening a White Now, we here in the Senate do not sibility for their lives, to keep families House Conference on Violence, curbing watch a lot of television because we together, and to keep communities viewing of violent television program- wind up being here most of our time or from falling apart. As part of that chal- ming in prisons, and the continuation in our States going from town to town. lenge, the President expressed his con- of television industry discussions as And so opportunities for watching tele- tinuing concern over media violence authorized under the Television Pro- vision are somewhat limited. I would and challenged the media industry by gram Improvement Act of 1990. just ask my colleagues to turn on the saying, Shortly after these recommendations television, watch what is happening, and ask yourselves: Can it possibly be You do have a responsibility to assess the were submitted, the American Medical impact of your work and to understand the Association’s house of delegates called the case that we can have children damage that comes from the incessant, re- for the adoption of a television vio- watching 6 hours of television a day petitive, mindless violence and irresponsible lence code. They had a rating system and seeing endless repetitive mindless conduct that permeates our media. for films, video, and audio entertain- acts of violence and it has no effect on Mr. President, I agree, and so do the ment. Following the outcry last year them? It cannot be. It has to be having experts. Let me quote the Guggenheim over the violent content of television an effect on them. And virtually every Foundation from the study of ‘‘Vio- and cable programming, the major TV study that has been done says it is hav- lence in Society.’’ They said, ‘‘The sci- networks and cable initiated voluntary ing an effect on them. entific debate is over. A recent sum- assessments of violent content in their Mr. President, I recognize that the mary of 200 studies published through program. These assessments began violence in our society is not just be- 1990 offers convincing evidence that the with the 1994–95 television viewing sea- cause of media violence. Certainly, observation of violence as seen in son. Additionally, the major television that is not the case. There are many standard, every day television enter- networks agreed to display viewer contributors. But the time has come tainment, does affect the aggressive warnings on some television program- for us to reduce the violence in the en- behavior of the viewer.’’ ming containing violent content. They tertainment media. The trend to glam- Mr. President, while the scientific deserve credit for these steps. orize violence must stop. debate is over, the public policy debate There is progress on other fronts, as I am pleased by the voluntary efforts continues into its fifth decade. well. Even the leaders of the entertain- the media has undertaken. But let us Let me just turn to a chart which ment industry have come to believe face it. The job is not getting done. I do shows that violence in our society is that violence in the media is a prob- not believe that voluntary initiatives far above that of any other industri- lem. In a survey of entertainment in- are sufficient to reduce media violence. alized nation. This chart is titled dustry leaders in U.S. News & World For that reason, I am introducing leg- ‘‘Crime Across the Globe, Murders Per Report on May 9, 1994, nearly 9 out of islation today that incorporates the 100,000 in 1990.’’ The United States, 9.4; 10 media entertainment industry lead- principal recommendations of the Citi- Canada, 5.5; Denmark, 5.2; France, 4.6; ers said that violence in entertainment zens Task Force. The legislation in- Australia, 4.5; Germany, 4.2; Belgium, contributes to the level of violence cludes means to empower parents to 2.8, and on it goes down to Japan at 1.2. plaguing the Nation. help them make choices. It provides for Mr. President, we have a problem in Mr. President, even though there has new television sets being required to this country. No one is suggesting that been a recognition, even though there contain a V-chip that would permit violence in the media is the sole cause; has been a public discussion about parents to block television program- certainly, it is not. But to deny that it media violence and the contribution it ming with violent content. The cost of plays a part is to deny what all of us makes to violence in our society, noth- the V-chip is now down to about $5 per instinctively understand. We learn by ing is happening. The media mayhem television set—$5 —to give the parents watching what others do, and many continues. an ability, to empower parents to help

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That the study of the findings of 200 studies (7) A report of the Harry Frank makes sense. of violence, along with the endorse- Guggenheim Foundation, dated May 1993, in- Second, the legislation contains a ments of task force members that sup- dicates that there is an irrefutable connec- violent programming rating provision. ported this initiative, be printed in the tion between the amount of violence depicted in the television programs watched by This provision requires the FCC to pre- RECORD at the conclusion of my re- children and increased aggressive behavior scribe, in consultation with the broad- marks. among children. casters and cable operators, private in- The PRESIDING OFFICER (Mr. (8) It is in the National interest that par- terest groups and concerned citizens THOMAS). Without objection, it is so or- ents be empowered with the technology to rules for rating the level of violence in dered. block the viewing of television programs television programming. These ratings (See exhibit 1.) whose content is overly violent or objection- would apply to the V-chip technology. Mr. CONRAD. Mr. President, I want able for other reasons. Third, the legislation contains a chil- to specifically draw the attention of (9) Technology currently exists to permit dren’s safe harbor provision which re- my colleagues to the letter of support the manufacture of television receivers that are capable of permitting parents to block quires the FCC to initiate a rule that for this legislation from the American Medical Association—I was pleased to television programs having violent or other- prohibits commercial television, cable wise objectionable content. operators, and public telecommuni- have the president of the American Medical Association at the press con- SEC. 3. ESTABLISHMENT OF TELEVISION VIO- cations entities from broadcasting tel- LENCE RATING CODE. ference this morning announcing this evision programs that contain gratu- Section 303 of the Communications Act of itous violence between the hours of 6 legislation—the support from the Na- 1934 (47 U.S.C. 303) is amended by adding at a.m. and 10 p.m. at night. tional Association of Secondary School the end the following: Mr. President, if there is one thing Principals; the support of the National ‘‘(v) Prescribe, in consultation with tele- we have heard all across this country it Coalition on Television Violence; the vision broadcasters, cable operators, appro- is that there ought to be a safe harbor, support of school principals who recog- priate public interest groups, and interested there ought to be a period within which nize that the epidemic of violence on individuals from the private sector, rules for rating the level of violence in television pro- kids are watching television that par- the streets of America is spilling over into the schools of America and their gramming, including rules for the trans- ents can have some assurance they are mission by television broadcast systems and not being exposed to this mindless gra- belief that media violence is contrib- cable systems of signals containing speci- tuitous violence. uting to that violence; the support fications for blocking violent program- Finally, the bill contains the Chil- from the National Association for the ming.’’. dren’s TV Act compliance provision Education of Young Children; the SEC. 4. REQUIREMENT FOR MANUFACTURE OF which requires the FCC, when granting strong statement of support from the TELEVISIONS THAT BLOCK PRO- or renewing TV licenses, to assure the National PTA; the support of The Fu- GRAMS. applicant is in compliance with the ture Wave, which is made up of pro- Section 303 of the Communications Act of Children’s Television Act of 1990. ducers and writers themselves who rec- 1934 (47 U.S.C. 303), as amended by section 3, These provisions are consistent with ognize that television violence, media is further amended by adding at the end the violence, is contributing to violence in following: the FCC’s current examination of tele- ‘‘(w) Require, in the case of apparatus de- vision violence in children’s television our society; and the support of the Na- signed to receive television signals that are programs and the implementation of tional Alliance for Nonviolent Pro- manufactured in the United States or im- the Childrens’ Television Act of 1990. gramming. All of these groups have ported for use in the United States and that Mr. President I have supported vol- specifically endorsed, now, the legisla- have a picture screen 13 inches or greater in untary efforts in the past and I con- tion that I am introducing today. size (measured diagonally), that such appa- tinue to support and commend these ef- [EXHIBIT 1] ratus— forts. But it is absolutely clear—abso- S. 332 ‘‘(1) be equipped with circuitry designed to enable viewers to block the display of chan- lutely clear—that those efforts are not Be it enacted by the Senate and House of Rep- nels, programs, and time slots; and resentatives of the United States of America in sufficient to achieve the result that I ‘‘(2) enable viewers to block display of all Congress assembled, think the vast majority of Americans programs with a common rating.’’. would like to see achieved. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Childrens’ SEC. 5. SHIPPING OR IMPORTING OF TELE- The President challenged us last VISIONS THAT BLOCK PROGRAMS. Tuesday to understand the impact that Media Protection Act of 1995’’. SEC. 2. FINDINGS. (a) REGULATIONS.—Section 330 of the Com- this constant stream of mindless vio- Congress makes the following findings: munications Act of 1934 (47 U.S.C. 330) is lence is having on our families and (1) On average, a child in the United States amended— children. I applaud the President, and I is exposed to 27 hours of television each (1) by redesignating subsection (c) as sub- hope he will continue to draw public week, and some children are exposed to as section (d); and attention to the corrosive effect that much as 11 hours of television each day. (2) by adding after subsection (b) the fol- violence in the entertainment media is (2) The average American child watches lowing new subsection (c): 8,000 murders and 100,000 acts of other vio- ‘‘(c)(1) Except as provided in paragraph (2), having on our families and on our chil- no person shall ship in interstate commerce, dren. lence on television by the time the child completes elementary school. manufacture, assemble, or import from any Mr. President, I welcome cosponsors (3) By the age of 18 years, the average foreign country into the United States any to my legislation. I urge my colleagues American teenager has watched 200,000 acts apparatus described in section 303(w) of this to carefully examine the issue of media of violence on television, including 40,000 Act except in accordance with rules pre- violence as it relates to violence in our murders. scribed by the Commission pursuant to the society. (4) The Times Mirror Center reports that a authority granted by that section. I ask unanimous consent that the recent poll of Americans indicates that 72 ‘‘(2) This subsection shall not apply to car- text of my bill, the recommendations percent of the American people believe that riers transporting apparatus referred to in submitted to Attorney General Janet there is too much violence on television, paragraph (1) without trading it. ‘‘(3) The rules prescribed by the Commis- Reno by the Citizens Task Force on TV and, according to a survey by U.S. News and World Report dated May 1994, 91 percent of sion under this subsection shall provide per- Violence, the names of the national or- American voters believe that mayhem in the formance standards for blocking technology. ganizations in the task force that en- media contributes to violence in real life. Such rules shall require that all such appa- dorse the recommendations, and the (5) On several occasions since 1975, The ratus be able to receive the rating signals press release announcing the action by Journal of the American Medical Association which have been transmitted by way of line the American Medical Association’s has alerted the medical community to the 21 of the vertical blanking interval and house of delegates, its article, entitled adverse effects of televised violence on child which conform to the signal and blocking ‘‘A Kinder, Gentler Hollywood,’’ in the development, including an increase in the specifications established by the Commis- sion. May 1994 issue of the U.S. News & level of aggressive behavior and violent behavior among children who view it. ‘‘(4) As new video technology is developed, World Report, the findings of the study (6) The National Commission on Children the Commission shall take such action as by the Center for Media and Public Af- recommended in 1991 that producers of tele- the Commission determines appropriate to fairs, along with the press release an- vision programs exercise greater restraint in ensure that blocking service continues to be nouncing the study, and the report of the content of programming for children. available to consumers.’’.

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(b) CONFORMING AMENDMENT.—Section National Sheriffs Association, 1450 Duke tion WDCA; and cable channels HBO, MTV, 330(d) of such Act, as redesignated by sub- Street, Alexandria, Virginia 22314. WTBS, and USA. section (a)(1), is amended by striking ‘‘sec- American Medical Association, 1101 MAJOR FINDINGS tion 303(s), and section 303(u)’’ and inserting Vermont Avenue, NW, Washington, D.C. The number of violent scenes increased in lieu thereof ‘‘and sections 303(s), 303(u), 20005. from 1,846 in 1992 to 2,605 in 1994, a rise of and 303(w)’’. American Medical Association Alliance, 41%. The average hourly rate increased from SEC. 6. ELIMINATION OF VIOLENT PROGRAM- Inc., 515 North State Street, Chicago, Illinois 10 to almost 15 scenes of violence per chan- MING ON TELEVISION DURING CER- 60610. nel. TAIN HOURS. International Association of Chiefs of Po- Life threatening violence (such as assaults Title I of the Children’s Television Act of lice, 1110 North Glebe Road, Suite 200, Ar- with deadly weapons) increased even more 1990 (47 U.S.C. 303a et seq.) is amended by lington, Virginia 22201. rapidly than overall violence, rising 67% adding at the end the following: National Association of Elementary School from 751 to 1,252 scenes. Incidents involving ‘‘PROHIBITION ON VIOLENT PROGRAMMING Principals, 1615 Duke Street, Alexandria, gun play rose 45%, from 362 to 526. ‘‘SEC. 105. (a) The Commission shall, within Virginia 22314. The greatest sources of violence on tele- 30 days of the date of the enactment of this National School Boards Association, 1680 vision is not any one type of programming, Act, initiate a rule-making proceeding to Duke Street, Alexandria, Virginia 22314. but the ‘‘promos’’ for upcoming shows and prescribe a prohibition on the broadcast on American Psychiatric Association, 1400 K movies—695 violent scenes, up 69% from 1992. commercial television and by public tele- Street, NW, Washington, D.C. 20005. Unlike TV programs and promos, violence communications entities, including the National Council of Churches, 475 Riverside in toy commercials dropped sharply. In broadcast by cable operators, from the hours Drive, Suite 852, New York, New York 10015. about the same amount of children’s proof 6 a.m. to 10 p.m., inclusive, of program- National PTA, 2000 L Street, NW, Suite 600, gramming, toy ads showed only 28 violent scenes in 1994, down from 188 in 1992—a drop ming that contains gratuitous violence. Washington, D.C. 20036. ‘‘(b) As used in this section: Parent Action, 2 North Charles Street, Bal- of 85%. Because the study covers a single day, the ‘‘(1) The term ‘cable operator’ has the timore, Maryland 21201. results cannot necessarily be generalized meaning given such term in section 602 of National Foundation To Improve Tele- across the entire television season. But the the Communications Act of 1934 (47 U.S.C. vision, 60 State Street, Suite 3400, Boston, increase in violence is too pervasive to at- 522). Massachusetts 02109. tribute it to any unusual aspect of this par- ‘‘(2) The term ‘programming’ includes ad- National Association of Secondary School ticular day’s programming. Violence was up vertisements but does not include bona fide Principals, 1904 Association Drive, Reston, Virginia 22091. on the broadcast and cable channels alike in newscasts, bona fide news interviews, bona fiction and non-fiction formats, adult and fide news documentaries, and on-the-spot American Academy of Child and Adoles- cent Psychiatry, 3615 Wisconsin Avenue, NW, children’s fare, and in promos as well as pro- coverage of bone fide news events. grams. ‘‘(3) The term ‘public telecommunications Washington, D.C. 20016. entity’ has the meaning given such term in National Coalition on Television Violence, 33290 West Fourteen Mile Road, Suite 489, [From the Harry Frank Guggenheim section 397(12) of the Communications Act of Foundation, New York, NY, May 3, 1993] 1934 (47 U.S.C. 397(12)).’’. West Bloomfield, Michigan 48322. American Academy of Pediatrics, 1331 H.F. GUGGENHEIM FOUNDATION URGES SEC. 7. BROADCAST ON TELEVISION AND CABLE VIGILANCE AGAINST MEDIA VIOLENCE OF EDUCATIONAL AND INFORMA- Pennsylvania Avenue, NW, Washington, D.C. TIONAL PROGRAMMING FOR CHIL- 20004. CALLS FOR MONITORING OF TV NETWORKS’ COM- DREN. National Association For Family & Com- PLIANCE WITH GUIDELINES TO LIMIT VIOLENT (a) BROADCAST TELEVISION.—Section 309 of munity Education, P.O. Box 6, 127 North CONTENT OF PROGRAMS the Communications Act of 1934 (47 U.S.C. Pepperell Road, Hollis, New Hampshire NEW YORK.—The nation’s only private 309) is amended by adding at the end the fol- 03049–0006. foundation devoted exclusively to the study lowing: National Child Care Association, 1029 Rail- of violence and aggression called today for ‘‘(k) EDUCATIONAL AND INFORMATION PRO- road Street, Conyers, Georgia 30207. new vigilance against violence in television GRAMMING FOR CHILDREN.—In granting an ap- National Association of Social Workers, programs and motion pictures. In issuing a plication for a license for a television broad- 750 First Street, NE, Washington, D.C. 20002. report entitled ‘‘The Problem of Media Vio- casting station (including an application for Alliance Against Violence In Entertain- lence and Children’s Behavior,’’ the Harry renewal of such a license), the Commission ment For Children, 17 Greenwood Street, Frank Guggenheim Foundation urged par- shall impose such conditions upon the appli- Marlboro, Massachusetts 01752. ents, children’s advocates, Congress, and the cant as the Commission requires in order to American Nurses Association/American entertainment industry itself to monitor the ensure that the applicant complies under the Academy of Nursing, 600 Maryland Avenue, industry’s compliance with new self-imposed license with the standards for children’s tele- SW, Suite 100, Washington, D.C. 20024. guidelines designed to limit violent content vision programming established under sec- American Association of School Adminis- in television programs. tion 102 of the Children’s Television Act of trators, 1801 North Moore Street, Rosslyn, ‘‘A substantial body of scientific research 1990 (47 U.S.C. 303a) and otherwise serves the Virginia 22209. now documents the damaging effects of expo- educational and informational needs of chil- National Council For Children’s TV And sure to violent media content. Many leading dren through its overall programming.’’. Media, 32900 Heatherbrook, Farmington scientists are convinced that media violence (b) CABLE SERVICE.—Part III of title VI of Hills, Michigan 48331–2908. promotes real violence,’’ said foundation the Communications Act of 1934 (47 U.S.C. National Alliance for Non-violent Pro- president James M. Hester. ‘‘The entertain- 541 et seq.) is amended by adding at the end gramming, 1846 Banking Street, Greensboro, ment industry plays an important role in the the following: North Carolina 27408. epidemic of youth violence sweeping the nation. Parents, children’s advocacy groups, ‘‘EDUCATIONAL AND INFORMATION National Association of School Psycholo- and Congress should hold the networks to PROGRAMMING FOR CHILDREN gists, 8455 Colesville Road, Suite 1000, Silver Spring, Maryland 20910. their promise to curb violence on tele- ‘‘SEC. 629. A franchise, including the re- vision.’’ newal of a franchise, may not be awarded [From the Center for Media and Public The foundation called on the entertain- under this part unless the cable operator to Affairs, Washington, DC, Aug. 8, 1994] ment industry to adhere to a 15-point set of be awarded the franchise agrees to comply standards issued by the three major tele- with the standards for children’s television TV VIOLENCE—1992 VERSUS 1994 vision networks in December 1992. ABC, CBS, programming established under section 102 Television violence increased by 41% over and NBC developed the guidelines in re- of the Children’s Television Act of 1990 (47 the last two years, according to a new study sponse to a law passed by Congress that pro- U.S.C. 303a) and to otherwise serve the edu- by the Center for Media and Public Affairs. tected the networks from prosecution on cational and informational needs of children The study counted 2,605 violent scenes in a antitrust grounds if they coordinated efforts in the provision of cable service under the single day across 10 broadcast and cable to regulate the amount of violence in their franchise.’’. channels in 1994, up from 1,846 violent scenes programming. The exemption expires at the in 1992. But violence shown in toy commer- end of this year. CITIZENS TASK FORCE ON TV VIOLENCE cials dropped by 85% from 1992 to 1994. ‘‘The public is anxious about the problem Americans For Responsible Television, These results come from a unique study of of media violence, but they don’t know Post Office Box 627, Bloomfield Hills, Michi- ‘‘a day-in-the-life of television.’’ Researchers what’s being done to address it,’’ Hester said. gan 48303. tabulated all scenes of violence during 18 ‘‘This report supplies up-to-date informa- American Psychological Association, 750 continuous hours of programming on each of tion, including an important statement by First Street, NE, Washington, D.C. 20002. 10 broadcast and cable channels during the Professor Leonard Eron of the University of National Association For The Education of first Thursday in April of both 1992 and 1994. Michigan. We hope it will encourage vigi- Young Children, 1509 16th Street, NW, Wash- The researchers monitored the following lance in monitoring how well the TV net- ington, D.C. 20036. channels from 6 a.m. to midnight: the ABC, works live up to their own guidelines. They Future Wave, 105 Camino Teresa, Santa Fe, CBS, NBC, and FOX broadcast networks, have made a social contract with the public, New Mexico 87501. PBS, and Paramount-owned independent sta- and they should be held accountable to it.’’

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2038 CONGRESSIONAL RECORD — SENATE February 2, 1995 The foundation report also points out that cite audiences and at the same time try to shops to PTAs around the country. In addi- the motion-picture industry and cable tele- pacify those scenes which lay claim to gratu- tion, the National PTA has also been in the vision networks have yet to issue similar itous violence?’’ forefront in supporting such non-commercial standards limiting violence. We are pleased to see that Congress is and educational programs as Arts and Enter- ‘‘The initiative of the television networks going beyond giving a standing ovation to tainment, Cable in the Classroom, Discovery is a step in the right direction, but the re- reducing TV violence and actually beginning and CNN Classroom News. mainder of the industry has yet to respond to do something about it—without censor- But for some children TV acts as the re- to the warnings of scientists and the protests ship. mote babysitter and as a surrogate parent, of concerned citizens,’’ Hester said. ‘‘Media We believe it is very important that the and these children may not be fortunate violence obviously remains a very serious rules for rating the level of violence not be enough to have parents who closely monitor national problem.’’ simply a bean count of violent acts. For their TV watching. With television in 96 per- The Harry Frank Guggenheim Foundation under such standards a movie like Gandhi or cent of all American households, this me- supports research in a broad range of dis- a drama on the life of Martin Luther King dium does affect the attitudes, the informal ciplines in order to illuminate the causes and might be listed as very violent. [Similarly, education and the behavior of our children. consequences of human violence. The foun- each of the films in the attached RAVE The networks and many other cable pro- dation’s goal is to reduce violence and im- award proposal contain acts of violence but ducers have resisted voluntary self-regula- prove relations among people by increasing have a powerful nonviolent message]. tion to improve programs for children and society’s understanding of violence and ag- What parents need is the power to control have not gotten the message that parents gression. programming which glamorizes or trivializes are concerned and want a reduction in vio- violence. We need more shows which depict lent television and an increase in quality, THE NATIONAL ALLIANCE FOR nonviolent heroes facing down violence with educational and entertaining family pro- NON-VIOLENT PROGRAMMING, more creative means than counter-violence. grams. Greensboro, NC, February 1, 1995. Sincerely, According to a 1993 UCLA study by its De- To: Senator Kent Conrad, Hart Senate Office ARTHUR KANEGIS, partment of Communications, TV stations Building. President. provided an average of 3.4 hours per week From: Whitney Vanderwerff, Executive Di- (less than one-half hour per day) of regularly rector, The National Alliance for Non- [From the National PTA, Feb. 2, 1995] scheduled standard length programming for violent Programming. NATIONAL PTA SUPPORTS PASSAGE OF THE children. That figure is little more than Thank you very much for your endeavors CHILDREN’S MEDIA PROTECTION ACT OF 1995 what was broadcast for children in the late with regards to the incidence and effects of (By Catherine A. Belter, National PTA Vice- 70’s. In addition, an assessment by one of our media violence. President for Legislative Activity) local units, the South Florida Preschool The National Alliance for Non-violent Pro- PTA, revealed that less than 1 percent of the WASHINGTON, DC.—The National PTA joins gramming, a network of national and inter- broadcast hours on the four local network the many other education, civic, health, stations were devoted to educational and in- national women’s organizations created to child development and child advocacy orga- address the issue of media violence non- formational children’s programming. Yet, in nizations to speak in favor of the passage of a 1990 study, the Annenberg School of Com- censorially, endorses the intent of two of the the Children’s Media Protection Act of 1995. provisions of the Children’s Media Protec- munication found that non-educational pro- I am here today as one of a procession of gramming targeted at children increased. tion Act of 1995, to be introduced by Senator many National PTA representatives who as Kent Conrad in the United States Senate on Programming such as the current fare of far back as the 1970’s have petitioned Con- Saturday morning cartoons, X-Men, the February 2, 1995: gress and the regulatory agencies about the Implementation of blocking technologies Simpsons and Beavis and Butthead is far need to provide more quality television pro- from educational and contains some form of can empower parents and caregivers to ana- gramming for children and youth. lyze violent content and the ratings thereof violence. I am also here today, not as a legal expert, The statistics related to a child’s exposure and to take action to reduce the incidence medical practitioner or law enforcement offi- and effects of media violence. to TV violence are indeed alarming. For in- cer, but as a parent and a long standing child stance, a November 1991 study by the Television broadcasting stations applying advocate who shares with other parents and for licenses and license renewals should com- Annenberg School of Communication showed citizens the frustration of years of attempt- that the average number of violent acts in ply fully with the standards of the Children’s ing to influence children’s television pro- Television Act of 1990. one hour of children’s television broad- gramming while not wishing to cross the fine casting was more than 30. This is even more Senator Conrad’s bill must be implemented lines of our First Amendment freedoms. in conjunction with community education than on prime-time TV which had only 4 acts The National PTA has testified in the past of violence per hour. A 1993 American Psy- and involvement. These provisions of the bill that this kind of TV violence legislation can educate and involve citizens at the chological Association study showed that would be a last resort if voluntary self-regu- the typical child will watch 8,000 murders grassroots, and therefore the National Alli- lation and the TV Violence Act produced lit- ance for Non-violent Programming lends its and more than 100,000 acts of violence before tle results. We know that Senator Conrad finishing elementary school. By the age of endorsement of the intent of these two provi- and many in the Congress have taken the sions. Thank you. 18, the same teenager will have witnessed same stance. In my comments before the 200,000 acts of violence, including 40,000 mur- FCC last June, I reported an abysmally low WORKING FOR ALTERNATIVES TO ders. compliance rate of the broadcasters with the After 20 years of asking the broadcasters VIOLENCE IN ENTERTAINMENT, Children’s Television Act, and an almost Santa Fe, NM, January 30, 1995. and the industry to respond to parents and total failure by the industry to take advan- children through self-regulation and reduce Senator KENT CONRAD, tage of the anti-trust exemption provided by Hart Senate Office Building, Washington, DC. violence, we believe that it is time for the the Children’s Television Violence Act to next step: the passage of the Children’s Attn: Robert Foust, Task Force On TV Vio- produce industry-wide standards and guide- Media Protection Act of 1995 which contains lence lines in an effort to reduce violent TV pro- many of the provisions advocated by the Na- DEAR SENATOR CONRAD: We were pleased to gramming. tional PTA in testimony before the Senate read your new bill, and to join in your press At the same time that the industry is ig- Commerce Committee on October 28, 1993. release with the following statement. noring the Children’s Television Act, many The bill provides a multi-faceted and com- As writers and producers, we realize that parents do make an effort to monitor their prehensive approach to curbing television vi- this bill is not Congress censoring us. This is children’s television viewing. The National olence including the following: Congress doing our market research for us. PTA certainly recognizes that responsibility 1. The requirement that television sets are We join with other forward thinking people for children’s viewing also falls on the shoul- equipped so that parents have the oppor- in the Hollywood creative community in ders of the adult family members. To that tunity to block programming with violent welcoming this challenge to generate more end, the National PTA has recently launched content; creative product, freed from marketplace de- the Family and Community Critical Viewing 2. In the future, the opportunity for par- mands for violence. Project in association with the National ents to block any television program that Future WAVE is an organization of writers Cable Television Association (NCTA) and they find objectionable for any reason: and producers Working for Alternatives to Cable in the Classroom. This cooperative ef- 3. The development of violence rating Violence through Entertainment. With Board fort is designed to provide parents and teach- standards which reflect the input of a broad members such as Edward James Olmos, Mar- ers throughout the country with information based group of citizens, including parents; tin Sheen, Dennis Weaver, and with producer and skills to help families make better 4. Creation of a ‘‘safe harbor’’ during the Robert Watts (Indiana Jones movies, Alive, choices in the television programs they course of each day that prohibits program- etc.) we are working within the Hollywood watch, and to improve the way they watch ming containing gratuitous violence during creative community to answer MPA Chair- these programs. The workshops are based on the times that children are most likely to man Jack Valenti’s call: ‘‘How can we in the a model created in association with the Har- watch television. This is a provision that At- film/TV industry . . . be so creatively re- vard media expert Dr. Renee Hobbs. The Na- torney General Janet Reno has opined as sourceful that we are able to attract and ex- tional PTA is offering media literacy work- constitutional;

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5. Assurance that the FCC will carry out SCHOOL PRINCIPALS SUPPORT CHILDREN’S fectively block it from coming into their its responsibilities pursuant to the Chil- MEDIA PROTECTION ACT OF 1995 homes. dren’s Television Act. Parents want safe ALEXANDRIA, VA., February 2, 1995—The The provisions of bill state that: schools and safe communities. In fact, work- National Association of Elementary School A rating system will be developed to iden- ing toward violence-free schools and commu- Principals pledged full support for the Chil- tify programming detrimental to children; nities is a major program priority for the na- dren’s Media Protection Act of 1995 intro- Computer technology (which is currently tional PTA. The National PTA certainly rec- duced today by North Dakota’s Senator Kent available) that can be used to selectively ognizes that there are a number of causes re- Conrad. screen out unwanted programming will be lated to violence in our society besides vio- ‘‘The effect of television on children is of required to be built into new televisions sets; lent TV programming. However, the fact great concern to school principals,’’ said and still remains that television is more violent Samuel G. Sava, NAESP’s executive direc- Broadcaster’s license renewal will be con- than ever before and offers fewer opportuni- tor. ‘‘The family room television is a more tingent on their compliance with the provi- ties for education and family viewing. The persuasive and pervasive educator than all sions set forth it the Children’s Television television industry must assume its share of the teachers in America’s classrooms. Act of 1990. Implementation of the Children Television the responsibility for the violent behavior of There’s no question that the overdose of Act of 1990 provides for ‘‘truth in packaging’’ children. The Children’s Media Protection media violence American children receive is for television programs and a ‘‘safe harbor’’ Act is a health issue, an educational issue linked to their increasingly violent behav- of television air time free from gratuitous and a family values issue. Reduction of TV ior,’’ he said. ‘‘But more troubling for par- violence. As any parent knows, even when violence is one of the issues that received a ents and educators is the fact that the vio- exercising extreme vigilance over children’s strong bipartisan reaction from both U.S. lence children see, hear, and are entertained viewing, a child appropriate program is often Senators and U.S. Representatives during by makes them insensitive to real violence.’’ President Clinton’s State of the Union Ad- NAESP, which represents 26,000 elemen- subject to the insertion of promotional mes- dress. The National PTA applauds Senator tary and middle school principals nation- sages for just the sort of programs or movies Kent Conrad for introducing this legislation, wide, has long been on record in support of that the parent is trying to avoid. These one and requests the immediate passage of this strengthening and enforcing guidelines for minute (or less) interruptions also fre- legislation. the Children’s Television Act that would im- quently use the most violent clips from the prove programming for children and give programs as their promotional message! More than 40 years of research has dem- parents peace of mind. NAESP has repeat- [From the NAEYC News, Washington, DC, onstrated the negative effects of television edly asked the FCC and Congress to employ Feb. 6, 1995] on children, particularly the links between a clearer definition of educational program- media violence and aggressive behavior. CHILDREN’S MEDIA PROTECTION ACT: A RE- ming and require that stations air at least NCTV commends Sen. Conrad for his willing- SPONSIBLE STEP TO SUPPORT FAMILIES AND one hour of 30-minute educational shows ness to counter the trend of ‘‘feel good legis- DECREASE CHILDREN’S EXPOSURE TO MEDIA every day between 7:00 a.m., and 10:00 p.m., lation with no teeth’’ to propose legislation VIOLENCE when children are watching. that calls for true accountability from the NAESP further urges Congress to protect The National Association for the Edu- broadcast media in a genuine move to im- cation of Young Children (NAEYC) strongly children from media violence by: Developing a violence code, which gives prove the lives of America’s children. supports Senator Kent Conrad’s introduction rules for rating the level of violence in tele- to the Children’s Media Protection Act of vision programming; NASSP, THE NATIONAL ASSOCIATION 1995. This measure takes several critical Allowing violent programs to air only be- OF SECONDARY SCHOOL PRINCIPALS steps to reduce children’s exposure to media tween 10:00 and 6:00 a.m.; and Reston, VA, February 2, 1995. violence and its negative impact on chil- Requiring manufacturers to install devices Hon KENT CONRAD, dren’s development and aggressive behavior. on TVs that can be used to block program- U.S. Senate, Washington DC. The measure also empowers parents to take ming. DEAR SENATOR CONRAD: The National Asso- advantage of technology that gives them ‘‘Educators want families to have better ciation of Secondary School Principals greater control over the television program- control over their children’s TV viewing. We (NASSP) and its 42,000 members commend ming available to their children. need a family-friendly media industry that is you for your efforts to protect our children Of all of the sources and manifestations of responsible to its youngest audience,’’ Sava and youth from exposure to violence in tele- violence in children’s lives, media violence is said. vision and the media. We join you in seeking perhaps the most easily corrected. This leg- Attached is NAESP’s ‘‘Report to Parents,’’ passage of the Children’s Media Protection islation takes steps—long overdue—to de- produced in the fall of 1993, which its mem- act of 1995. crease the amount and severity of violent bers reproduce to send home to the families Our nation is experiencing an unrivaled pe- acts observed by children through television to their students. riod of juvenile violent crime perpetrated by and to give parents additional control in se- Established in 1921, the National Associa- youths from all races, social classes, and lecting the programs available to their chil- tion of Elementary School Principals serves lifestyles. Without question, the entertain- dren. 26,000 elementary and middle school prin- ment industry plays a role in fostering this anti-social behavior by promoting instant NAEYC believes that each component of cipals in the United States, Canada, and gratification, glorifying casual sex, and en- the legislation is equally important. The re- overseas. couraging the use of profanity, nudity, vio- quirement that television sets be equipped lence, killing, and racial and sexual stereo- with technology that allows parents to block [From the NCTV-News, Washington, DC, typing. objectionable programming, along with the Feb. 2, 1995] A national effort to monitor and ulti- violence rating code, will provide valuable NCTV SUPPORTS SEN. CONRAD’S CHILDREN’S mately decrease violence in television and tools that allow parents greater power in TELEVISION BILL the entertainment media is vitally impor- controlling the nature of television programs WASHINGTON DC.—The National Coalition tant to the well-being and subsequent devel- to which their children are exposed. The on Television Violence (NCTV) supports of opment of youngsters. Therefore, NASSP children’s hour provision to prohibit gratu- Senator Kent Conrad’s bill to control the joins you in recommending that: itous violence on commercial and public tel- amount of television violence witnessed by Manufacturers, both domestic and foreign, evision between the hours of 6:00 a.m. and children. The Children’s Media Protection install technology on all television sets to 10:00 p.m. also takes an important step in de- Act of 1995, introduced by Sen. Conrad (D. permit parents to block television program- creasing children’s viewing of media vio- ND.) provides a combination of real tools ming with violent or objectionable program lence. Finally, stronger enforcement of the that parents can use to effectively supervise content; Children’s Television Act should promote ad- their children’s viewing habits and enforce- The Federal Communication Commission ditional choices of television viewing appro- ment mechanisms to hold broadcasters ac- (FCC), in consultation with television broad- priate to children’s development and inter- countable for their compliance (or lack of casters, cable operators, private interest ests. compliance) to existing rules. groups, and concerned citizens, prescribe The National Association for the Edu- The industry has consistently used a defen- rules for rating the level of violence in tele- cation of Young Children (NAEYC) is the na- sive strategy of tossing the problem back vision programming; tion’s oldest and largest organization of into the laps of parents by claiming a con- The FCC grant and renew television oper- early childhood professionals and others flict with First Amendment Rights and criti- ating licenses only after ensuring the appli- working to improve the quality of early cizing parental responsibility. Parents have cant is in compliance with the standards for childhood education services available to long been frustrated by their inability to children’s programming established under young children, birth through age 8, and cope with the overwhelming, ever present the Children’s Television Act of 1990; and their families. Based in Washington, D.C., nature of television. Programming containing gratuitous vio- NAEYC has a membership exceeding 90,000 This bill requires broadcasters to provide lence be prohibited between the hours of 6 and a network of more than 450 local, state, the public with the information they need to a.m. to 10 p.m. and regional affiliated early childhood orga- identify objectionable programming, along NASSP strongly urges Congress to halt the nizations. with the technological tools they need to ef- increasingly senseless portrayals of violence

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2040 CONGRESSIONAL RECORD — SENATE February 2, 1995 in the entertainment media by supporting violence in the form of homicide and suicide. National School Boards Association. this crucial movement. The United States ranks first among indus- National Association For Family and Com- Sincerely, trialized nations in silent death rates. munity Education. DR. TIMOTHY J. DYER, ‘‘We are a people living in fear. Which of us American Psychiatric Association. Executive Director. has not been haunted by dark thoughts we Americans For Responsible Television. try to ignore: Will my 9-year-old be safe National Association For The Education Of VIOLENCE IN THE MEDIA AND ENTERTAINMENT today in her classroom? Could my father be Young Children. INDUSTRY the victim of a drive-by shooting as he walks National Association of Social Workers. Whereas, in 1979, the National Association the dog? Will I be the next car-jacking vic- Future Wave. of Secondary School Principals urged the tim? My sister a victim of domestic vio- National Council of Churches. Alliance Against Violence in Entertain- broadcasting and motion picture industries lence? No one can disagree: violence in ment For Children. to work with educators and parents in mov- America is out of control. National Coalition On Television Violence. ing toward a significant reduction of violent ‘‘Certainly, the root causes of violence are National Council for Children’s TV and acts in television film programming; varied and debatable. But over the past two Media. Whereas, the nation is experiencing an decades, a growing body of scientific evi- National Parent Teacher Association unrivaled period of juvenile violent crime dence has documented the relationship be- (PTA). perpetrated by youths from all races, social tween the mass media and violent behavior. Letters and more detailed comments in classes, and lifestyles; Report after report brings us to the same support of the recommendations from Future Whereas, the average American child views conclusion: programming shown by the mass Wave, the National Sheriffs Association, the 8,000 murders and 100,000 acts of violence on media contributes significantly to the ag- National PTA, the International Association TV before finishing elementary school, and gressive behavior and to the aggression-re- of Chiefs of Police, and the Center For Media by the age of 18, that same teenager will lated attitudes of children, adolescents, and Education are also attached for your consid- have witnessed 200,000 acts of violence on adults. eration. TV, including 40,000 murders; and, ‘‘It is estimated that by the time children We are most grateful for your support on Whereas, the entertainment industry leave elementary school, they have viewed this issue. (movies, records, music videos, radio, and 8,000 killings and more than 100,000 other vio- Sincerely, television) plays an important role in fos- lent acts. Children learn behavior by exam- KENT CONRAD, tering anti-social behavior by promoting in- ple. They have an instinctive desire to imi- U.S. Senator. stant gratification, glorifying casual sex, en- tate actions they observe, without always couraging the use of profanity, nudity, vio- possessing the intellect or maturity to deter- RECOMMENDATIONS FOR ATTORNEY GENERAL lence, killing, and racial and sexual stereo- mine if the actions are appropriate. This JANET RENO/INTERAGENCY WORKING GROUP typing; be it therefore known, that the Na- principle certainly applies to TV violence. ON VIOLENCE FROM CITIZENS TASK FORCE ON tional Association of Secondary School Prin- Children’s exposure to violence in the mass TV VIOLENCE cipals: media can have lifelong consequences. Appreciates the efforts of the U.S. Attor- ‘‘We must take strong action now to curb 1. ADOPTION OF ENTERTAINMENT MEDIA ney General to focus on the problem of in- TV violence if we are to have any chance of VIOLENCE CODE creasing violence in the media; halting the violent behavior our children We support the adoption of a Code, similar Stands in opposition to violence and insen- learn through watching television. If we fail to the Code recently announced by the Cana- sitive behavior and dialogue in the enter- to do so, it is a virtual certainty the situa- dian Radio and Telecommunications Com- tainment industry; tion will continue to worsen. The time for mission and the Canadian Association of Commends television broadcasters who action is now.’’ Broadcasters, understanding that such a have begun self-regulation by labeling each Code would be best developed through a col- program it deems potentially offensive with CITIZENS TASK FORCE ON TV VIOLENCE REC- laborative effort between Government and the following warning: DUE TO VIOLENT OMMENDATIONS FOR ATTORNEY GENERAL the television, cable and motion picture in- CONTENT, PARENTAL DISCRETION IS JANET RENO dustries. ADVISED, and producers of music videos and Adoption of Entertainment Media Violence We suggest the formation of an Action records who use similar labeling systems; Code; Task Group, comprised of Government, tele- Encourages parents to responsibly monitor Parental Involvement; vision, cable, motion picture industry and and control the viewing and listening habits FCC Hearings; public interest representatives, and tele- of their children with popular media prod- Children’s Television Act; vision advertisers to develop the Code. ucts (records, videos, TV programs, etc.); Viewing Violent Television Programming Certain features of the Code would be a Calls upon advertisers to take responsible in Prisons; matter of the broadcasters, cable program- steps to screen the programs they support on White House Conference on Violence; and mers and motion picture industry represent- the basis of their violent and profane con- Continuation of Television Industry Dis- atives exercising voluntary judgements to tent; cussions. program in the public interest, such as a Supports federal legislation designed to de- general agreement not to program gratu- crease and monitor TV violence; and itous violence and to exercise severe re- UNITED STATES SENATE, Calls upon the Federal Communications Washington, DC, December 15, 1993. straints on violence with respect to chil- Commission to initiate hearings on violence dren’s programming. Hon. JANET RENO, in the media, and to consider as part of those Attorney General of the United States, Depart- However, we feel that the Code should con- hearings the establishment of guidelines for ment of Justice, Washington, DC. tain a ‘‘safe-harbor’’ rule to the effect that broadcasters to follow during prime time and gratuitous dramatized violence, including DEAR MADAM ATTORNEY GENERAL: Pursu- children’s viewing hours; furthermore, the ant to your discussions on November 22, 1993 violent commercials for movies or upcoming FCC should use its licensing powers to en- with members of the Citizens Task Force on shows, would not be programmed on broad- sure broadcasters’ compliance with guide- TV Violence, I am very pleased to enclose cast or cable television between the hours of lines on violence and establish a strict proce- specific recommendations that members of 6:00 a.m. and 10:00 p.m., and that such a rule dure to levy fines against those licensees the coalition believe you and other members would be fully enforceable by the Federal who fail to comply. Communications Commission (FCC) as a reg- Adopted by the Membership of the Na- of the Interagency Working Group on Vio- lence should carefully examine as you con- ulation that is narrowly drawn to further a tional Association of Secondary School Prin- compelling state interest, i.e., the protection cipals, February 1994. sider the Federal response to the horrible violence in society, including violence in the of children under the age of 12. Compliance entertainment media. with such a rule would be a factor taken into [From the American Medical Association, account when the FCC considers renewal of Washington, DC, Feb. 2, 1995] These recommendations are endorsed by the following organizations, all members of licenses in the case of broadcast TV, and AMA SUPPORTS THE CHILDREN’S MEDIA the Citizens Task Force on TV Violence— would be enforced by fines in the case of PROTECTION ACT OF 1995 National Association of Elementary School cable TV. Finally, in the event that the television in- (By Robert E. McAfee, MD, President, AMA) Principals. dustry refuses to cooperate in the develop- ‘‘As President of the American Medical As- National Association of Secondary School ment of such a Code, then we believe that sociation, and on behalf of our 300,000 physi- Principals. the FCC (in collaboration with Congress) cian and medical student members, and the American Medical Association. should design and implement appropriate members of our Alliance, I am pleased to American Medical Association Alliance. regulations that will withstand judicial scru- support the Children’s Media Protection Act National Child Care Association. tiny to protect children under the age of 12 of 1995, which Senator Kent Conrad will in- Parent Action. from the demonstrated harm of TV violence. troduce today. American Academy of Child and Adoles- ‘‘Violence is a major medical and public cent Psychiatry. 2. PARENTAL INVOLVEMENT health epidemic in America. Each year, an National Foundation To Improve Tele- We support steps which would work to em- estimated 50,000 deaths are attributable to vision. power parents to more effectively monitor

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2041 and control what their young children view and collaboration of the TV industry, we vironmental Protection Agency and on television. These recommendations in- support the extension of the current anti- various other agencies, you do not clude— trust exemption as provided under the Tele- know what the cost is. You do not Mechanical/electronic devices installed in vision Program Improvement Act—Public know what the benefit is. You do not television sets or cable boxes that would en- Law 101–650, to permit the continuation of able parents to block out television pro- television industry discussions. know what the risk is. gramming (cable or broadcast) that contains So this legislation would simply mandate that the public have aware- ‘‘V’’ rating. We believe such a device would By Mr. MURKOWSKI (for himself, be more effective than present lockout de- ness when the administrative agencies Mr. JOHNSTON, and Mr. LOTT): vices (devices that can lock out a particular come down with their evaluation of the channel or program) which presupposes pa- S. 333. A bill to direct the Secretary permitting process as to what the risk rental participation in the selection of proof Energy to institute certain proce- is and what the cost is. It is perfectly gramming, which is not the case in so many dures in the performance of risk assess- reasonable. Yet there is a tremendous of our nation’s homes. ments in connection with environ- Viewer warnings. Audio and visual warn- concern out there among America’s en- ings of programming containing gratuitous mental restoration activities, and for vironmental community that somehow dramatized violence between 6:00 a.m. and 10 other purposes; to the Committee on this will dismantle our environmental p.m. would be telecast before the program Energy and Natural Resources. laws. What an outlandish generaliza- and at each commercial break until 10:00 THE DEPARTMENT OF ENERGY RISK tion. p.m. Superimposed warnings would be dis- MANAGEMENT ACT OF 1995 So I think, Mr. President, we need to played continuously during programming Mr. MURKOWSKI. Mr. President, let require the agencies to use sound containing gratuitous violence. me acknowledge my colleague, Senator Violence Rating System. We support the science, risk assessment, and cost-ben- development (by The Action Task Group re- LOTT, who has spoken on the necessity efit analysis in the regulatory decision- ferred to above) and implementation of a of the legislation which we are intro- making process. This legislation ap- rating system that would classify programs ducing today, the Department of En- plies to environmental restoration ac- on the basis of their violent content and that ergy Risk Management Act of 1995. tivities conducted by the Department such ratings be made available to parents I am very pleased to rise today to in- of Energy [DOE]. Although the scope of through TV guides, listings, etc. We suggest troduce the Department of Energy this bill applies to DOE cleanups, we that such ratings would, in the first in- Risk Management Act of 1995 for my- hope to have the risk assessment and stance, be assigned by the programmers self, Senator JOHNSTON, and Senator themselves, and that only in the event of a cost-benefit analysis debate cover all LOTT. Congress needs to require agen- breach of their good faith responsibility to agencies’ activities. We are coordi- assign proper ratings, would the FCC become cies to use sound science, risk assess- nating our legislative effort with other involved. ment, and cost-benefit analysis in the legislative efforts. 3. FCC HEARINGS regulatory decision-making process. In the last Congress Senator JOHN- We support and urge that the FCC hold So often, as you know, Mr. President, STON offered an amendment to the EPA hearings on the issue of television violence, decisions are made on the basis of emo- Cabinet level bill in the spring of 1993. most particularly on proposed voluntary and tion. The group that speaks the loud- At the same time the Johnston amend- regulatory solutions to some, in several fo- est, has the most numbers, or makes ment was adopted, I offered an amend- rums around the country. From these hear- the most outlandish statements influ- ment requiring cost-benefit analysis ings the FCC would hone a definition of ‘‘tel- ences the decision, instead of decisions that was agreed to by the Senate. I evision violence’’ as well as gather the nec- being made on sound science. If we can- essary data to support the Code and the basis have continued to look for ways to im- of any regulations that become part of the not depend on scientists who spend a prove and refine our regulatory deci- Code. portion of their lives becoming experts sionmaking process. Senator LOTT also 4. CHILDREN’S TELEVISION ACT on a particular subject, we certainly introduced legislation last Congress We support and urge that the FCC con- cannot depend on the short span of at- that is incorporated into our bill. Since tinue with the initiative to strengthen and tention that we have as politicians as the last Congress, the momentum for enforce the FCC’s rules promulgated in im- we attempt to evaluate the merits of risk assessment/cost-benefit analysis plementing the Children’s Television Act, in some very difficult and sophisticated has only intensified and the November order that beneficial programming for chil- subjects. elections have brought about renewed dren be increased to provide a real alter- One of the difficulties, of course, is to interest in advancing risk assessment/ native to television violence. We also urge get the scientific community to step cost-benefit analysis legislation. that such programming include materials to forward and put their reputation on the educate and inform children about the ef- I hope the agencies out there got the fects of violence and media violence in par- line behind, if you will, their rec- message of what the last election sug- ticular. In addition, we recommend public ommendations. So often, we find a sit- gested, that the process was out of bal- service announcements to educate viewers uation where the scientists say, ‘‘Well, ance, and it needed correcting. about the effects of violence generally, and if I had another appropriation, I could On January 17, I hosted, along with media violence in particular. study that a little bit more and prob- Senator LOTT, Representative CRAPO, 5. VIEWING VIOLENT TELEVISION PROGRAMMING ably give you a little more definitive and Representative KAREN THURMOND, IN PRISONS answer.’’ Decisions have to be made the first meeting of a bipartisan, bi- We suggest that one step that could be every day. You and I, Mr. President, cameral Regulatory Reform Caucus taken immediately on the issue of television have to vote up and down. We cannot now made up of 35 Representatives and violence and its adverse effect on our society vote maybe. We have to make some de- some 12 Senators. The caucus wants a would be to end the availability of violent TV programs in prisons. cisions. With the regulatory process proactive strategy to require agencies that has run amuck in this country to use sound science, risk assessment, 6. WHITE HOUSE CONFERENCE ON VIOLENCE today these decisions are not being and cost-benefit analysis in the regu- We strongly support the initiative of convening a White House Conference on Vio- made competently and are not being latory decisionmaking process. lence that would focus on the causes of our made on the basis of the best informa- At that meeting we heard from two epidemic of violence, including media vio- tion available. We cannot seem to get excellent speakers. John Stossel of lence. At the session on media violence, the scientific community to bear the ABC News spoke persuasively about there would be included, in addition to the responsibility for their advice to those how the public’s perception of environ- representatives of the television, cable and of us who have to vote yes or no. mental and health risks affects our motion picture industries, the approxi- What are we really talking about? overregulation of those risks. Mr. mately 100 major advertisers on television. This is not a complicated concept. This Stossel showed a chart that broke We believe that a well-designed initiative of consciousness-raising specifically aimed at is risk analysis, cost benefit, and every down how much given risks shorten the these advertisers would be effective in reduc- time you pick up a can of soup or you average life. It is interesting to note ing gratuitous violence on television. go buy some crackers it tells you if you that we spend billions of dollars regu- 7. CONTINUATION OF TELEVISION INDUSTRY have fat soup, skinny soup, or crackers lating toxic waste sites and there are DISCUSSION with sodium in them. But with risk as- lots of news stories about places, like Since many of the above recommendations sessment and cost-benefit analysis in Love Canal. But, even based on the and initiatives require the joint cooperation the application of a permit by the En- most extreme estimates provided by

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2042 CONGRESSIONAL RECORD — SENATE February 2, 1995 environmental organizations toxic the employees, who successfully res- all agencies, to provide for an inde- wastes are calculated to shorten the cued a suffocating construction worker pendent and external peer review proc- average life by just 4 days. Other risks from a collapsed trench. The $7,785 fine ess. was rescinded due to public outrage. shorten the average life span by years, I do not want to complicate this with Can you imagine that? yet we do not regulate them. a lot of words. We are simply asking Dr. John Graham, Director of the A self-employed truck mechanic in for a process that the public can under- Harvard Center for Risk Analysis, gave Morrisville, PA, was fined $2,200 and stand and it is almost like truth-in- an objective view of how government sentenced to 3 years in jail for hauling lending, which has never been applica- overregulates our lives and businesses. away 7,000 old tires and rusting cars ble to the regulatory process. That is I was particularly impressed with Dr. and placing clean fill on his own occa- what we propose in this legislation. Graham’s point that over 80 percent of sionally wet property without a Fed- Americans favor better risk analysis in eral permit, because it was classified as I ask unanimous consent at this time environmental policy. And, as Dr. a ‘‘wetlands.’’ The EPA argued the to have printed in the RECORD some of Graham has indicated, risk and cost- property was wetlands because of a the risk comparisons that help to illus- benefit analysis is the key to sound en- stream—dry for most of the year—was trate the importance of having com- vironmental policy of the future. In partially trapped by the discarded junk parative risks available to the public, fact, I think it is fair to say that incor- and created several pools of water. and an article entitled ‘‘Unloading Ex- poration of sound science, detailed and I could go on and on with those hor- cess Regulations,’’ by Murray well communicated assessments, cost- ror stories, Mr. President, but I know Weidenbaum, which appeared in the you are familiar with them as well. benefit analysis, and the prioritizing of Journal of Commerce on January 27, Finally, the legislation Senator our limited resources is the environ- 1995. LOTT, Senator JOHNSTON, and I have mental policy of the future. It is a put together on risk assessment/cost- There being no objection, the mate- commonsense policy that is here to benefit would accomplish several im- rial was ordered to be printed in the stay. portant goals. RECORD, as follows: American businesses spend more First, the legislation establishes than $150 billion annually just to com- clear principles to be followed by the WHY WE HAVE TO CHOOSE WHICH RISKS ARE WORTH ply with environmental laws—costs Department of Energy. It does not set REDUCING that increasingly strain U.S. competi- up a new bureaucracy, but it requires tiveness. Risk-based regulations rely Cost per death specifics when it performs risk assess- Activity averted on worst-case scenarios and ignore the ments, and they include the consider- best science, producing elaborate, ex- ation and discussion of data that may THIRD WORLD COUNTRIES pensive regulation of unimportant Diphtheria immunization (Gambia) ...... $87 or may not specifically point to a Malaria prevention (Africa) ...... 440 problems. health risk; precise guidelines for the Measles immunization (Ivory Coast) ...... 850 Imagine, Mr. President, if we relied Improved health care ...... 1,930 use of assumptions to bridge some of Improved water sanitation ...... 4,030 on a worst-case scenario. We would not the data gaps; and most importantly, Dietary supplements ...... 5,300 walk outside. We would not be in this assessments that are objective and un- UNITED STATES, NON-ENVIRONMENTAL building. Worst case means the worst biased. Improved traffic signs ...... 31,000 possible case, whether it be flood, Cervical cancer screening ...... 50,000 Second, the bill establishes principles Improved lighting ...... 80,000 earthquake, you name it. for risk characterization that will Upgrade guard rails ...... 101,000 So risk-based scenarios really are allow for better understanding and Mobile intensive care units ...... 120,000 Breakaway sign supports ...... 125,000 scenarios that ignore best science con- communication, so the public can read Lung cancer screening ...... 140,000 trary to the real world. As a result, the what the risk is, like they can read the Breast cancer screening ...... 160,000 Federal Government is forcing the ex- risk if they want fat soup or skinny UNITED STATES, ENVIRONMENTAL REGULATIONS penditure of billions of dollars by local crackers, because it is on there. DOE Asbestos ban ...... 110,700,000 Benzene NESHAP (revised waste operations) ...... 168,200,000 government and industry on these ex- must issue a final regulation imple- 1,2 dichloropropane drinking water standard ...... 653,000,000 cessively hypothetical and exaggerated menting the risk assessment and risk Hazardous waste land disposal ban (1st 3rd) ...... 4,190,400,000 Municipal landfill standards (1988 proposed) ...... 19,107,000,000 perceptions of risks. characterization principles. DOE must Formaldehyde occupational exposure limit #2 ...... 86,201,800,000 The intent of the policy of incor- develop a plan to review and revise Atrazine/alachlor drinking water standard ...... 92,069,700,000 porating risk assessment and cost-ben- Hazardous waste listing for wood-preserving chemi- early risk assessments, which shall in- cals ...... 5,700,000,000,000 efit analysis into the decisionmaking clude a process by which members of Sources: Bernard L. Cohen, ‘‘Perspectives on the Cost Effectiveness of Life process is to ensure better, more cost- the public may petition the DOE for re- Saving,’’ in Jay H. Lehr, Rational Readings on Environmental Concerns, pp. effective regulations and decisions over 462–465. (Author acknowledges that many of these numbers are only esti- view of particular risk assessments. mates and depend on other factors) John F. Morrall III, ‘‘A Review of the the long term. Again, it is the smart In addition to establishing a risk as- Record,’’ Regulation 10 (2) (1986), p. 30. Updated by Morrall, et al. (1990) way to make sure we get the most sessment procedural framework, the and printed in U.S. Chemical Industry Statistical Handbook 1992, p. 141. value for our limited Government re- bill would also require the Department RANKING POSSIBLE CANCER HAZARDS sources, especially in a time where the to apply the results of those assess- American public is unequivocally de- ments in significant ways that will en- Low levels of exposure to man-made manding a smaller Federal bureauc- sure safer, more efficient and more chemicals means the risk they pose is very racy and less Government control of cost-effective cleanup. Any plan, as- small compared to that of nationally occur- their lives. sessment, or record of decision to con- ring chemicals. The figures below assume A couple of examples, Mr. President, duct an environmental restoration ac- that experiments on laboratory animals are to liven up the morning. I am told that reliable indicators of human carcinogenic tivity must go through a cost-benefit hazards. a Kansas City bank was ordered by analysis. The Secretary is going to Federal regulators to put a braille key- have to certify that the analysis is Source and daily exposure Risk factor pad on drive-through ATM, automatic based upon the best reasonable infor- Wine (one glass) ...... 4,700.0 teller machines. mation; the analysis is objective and Beer (12 ounces) ...... 2,800.0 A little food for thought. The U.S. unbiased; the environmental restora- Cola (one) ...... 2,700.0 Bread (two slices) ...... 400.0 Department of Agriculture, in another tion activity significantly reduces the Mushroom (one, raw) ...... 100.0 case, required California farmers to targeted risk; no alternative environ- Basil (1 gram of dried leaf) ...... 100.0 Shrimp (100 grams) ...... 90.0 dispose of millions of pounds of other- mental restoration activity is more Brown mustard (5 grams) ...... 70.0 wise good peaches and nectarines sim- cost-effective; and the environmental Saccharin (in 12 oz of diet soda) ...... 60.0 Peanut butter (one sandwich) ...... 30.0 ply because they were smaller than restoration activity is likely to reduce Cooked bacon (100 grams) ...... 9.0 Federal standards permitted. Fruit benefits that justify its cost. The De- Tap water (one liter) ...... 1.0 Additives and pesticides in other food ...... 0.5 that could have been given away to the partment must prioritize resources to Additives and pesticides in bread and grain products ...... 0.4 needy had to be left to rot. address the most serious and most Coffee (one cup) ...... 0.3 In Boise, ID, a plumbing contractor cost-effective risks first. Source: Human Exposure Rodent Potency (HERP) index, multiplied by was penalized by OSHA because proper We intend to expand the scope of this 1000, based on Bruce Ames et al., ‘‘Ranking Possible Carcinogenic Haz- ards,’’ Science 236 (April 17, 1987), page 271. See article for explanation of safety precautions were not taken by legislation to apply to regulations and methodology and interpretation of results.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2043 ODDS OF DYING FROM VARIOUS CAUSES to three years in jail for hauling away 7,000 cause the system is simply out of bal- [Risk per 1 million population, U.S.] old tires and rusting car pans and placing ance. We need to address correctly the clean fill on his own, occasionally wet, prop- forms, cost benefits and risk analyses, Risk erty without a federal permit. The EPA ar- which is one way to do it. Causes per gued the property was a wetland because a million stream—dry for most of the year—was partly Mr. JOHNSTON. Mr. President, I am Real risk of death this year caused by: trapped by the discarded junk and created pleased to cosponsor, along with Chair- Being murdered in Washington, DC (residents) ...... 760.0 several pools of water. man MURKOWSKI and Senator LOTT, the Chronically abusing alcohol ...... 600.0 Being in a car accident ...... 200.0 To respond to the critics, over the years Department of Energy risk Manage- Being in a home accident ...... 110.0 many efforts have been made to improve the ment Act of 1995. Being murdered ...... 92.0 process of government regulation. However, This bill builds upon work that I Giving birth to a child (women) ...... 66.0 virtually all the changes have focused on ex- Being electrocuted ...... 3.0 began in April of 1993, when I offered an Being struck by lightning ...... 1.6 ecutive branch rule-making. Drowning in a bathtub ...... 1.5 But truly reforming government regula- amendment to the EPA Cabinet bill Hypothetical risk of death from cancer caused by: tion means far more than just improving the that would have required risk assess- Drinking one can of light beer per day for one year ...... 20.0 Eating one peanut butter sandwich per day for one year .... 10.0 way regulatory agencies carry out the tasks ment and cost/benefit analysis with re- Living next door to a nuclear power plant for 70 years assigned to them by Congress. In order to respect to EPA regulations. That amend- (NCI) ...... 10.0 duce the very large and often avoidable eco- Lifetime exposure to pesticide residues (EPA) ...... 3.0 ment passed the Senate by a vote of 95– Lifetime exposure to pesticide residues (Doll and Peto) ...... <1.0 nomic burdens imposed by regulation, pol- 3. However, it did not become law be- Lifetime exposure to landfill emissions (EPA) ...... <1.0 icymakers need to focus on the birth stage of cause of the opposition of environ- Lifetime exposure to emissions from incinerators (EPA) ...... <1.0 the rulemaking process. mental advocacy groups and several Sources: John and Sean Paling, Up to Your Armpits in Alligators? (Gaines- The crucial action occurs, for example, ville, FL: The Environmental institute) 1993; Statistical Abstract of the when the legislature enacts an 800-page House committee and subcommittee United States, 1992, Table 123; National Cancer Institute, ‘‘Highlights of chairmen. NCI’s Carcinogenesis Studies,’’ Cancer Facts, June 23, 1993, p. 7; Sir Rich- Clean Air Act with unrealistic timetables ard Doll an Richard Peto, Journal of the National Cancer institute 66 (6) and an almost endless array of requirements. I then spent nearly a year working (June 1981); Jennifer Chilton and Kenneth Chilton, ‘‘A Critique of Risk Mod- No amount of executive branch analysis with those who had concerns about the eling and Risk Assessment of Municipal Landfills Based on U.S. EPA Tech- performed afterward can adequately deal niques,’’ Waste management & Research 10 (1992), pp. 505–516. amendment. The result was a revised with the problem. [From the Journal of Commerce, Jan. 27, It is up to Congress itself to weigh care- amendment, supported by Senators 1995] fully the results of benefit-cost analysis be- BAUCUS and MOYNIHAN, that met every UNLOADING EXCESS REGULATIONS fore it enacts a regulatory statute and also legitimate concern. In May of last (By Murray Weidenbaum) to ascertain that, if a new law is required, its year, I offered the revised amendment ST. LOUIS.—The time is ripe for a new provisions are as cost-effective as feasible. to the safe drinking water bill, and it round of reform in government regulation of Congress also should examine the cumu- passed by a vote of 90–8. business. lative effects of government regulation on That simple amendment would have The limited reductions of transportation the performance of the economic system. But rather than tackling piecemeal the hun- required EPA to do a risk assessment regulation carried out in the late 1970s and and cost-benefit analysis when pre- early 1980s are ancient history, and the 1990s dreds of regulatory statutes on the books, to date have been dominated by a new round Congress should write several new laws that paring regulations that have an impact of expensive and burdensome regulation of will reform regulation across the board. on the economy of $100 million or the private sector. Five key changes would be especially help- more. As part of the process, the The Occupational Safety and Health Ad- ful. amendment provided that the Adminis- ministration is moving forward with one of Congress should require benefit-cost anal- trator must certify that the best rea- the most ambitious regulatory agendas in its ysis in each key stage of the regulatory proc- sonably obtainable science was used, history, including an indoor-air-quality pro- ess, from writing the laws to issuing regulations and reviewing the operation of pro- that the regulation would actually re- posal the agency estimates would cost $8 bil- duce the risk addressed, that the regu- lion a year. grams. The Antitrust Division of the Justice De- When a law requires citizens or organiza- lation was the most cost-effective al- partment is hiring 25 new lawyers, after add- tions to obtain a permit, agencies should be ternative, and that the benefits of the ing 34 attorneys and 60 paralegals since mid- forced to act in a timely fashion. If an agen- regulation justified the costs. It 1992. cy cannot process an application by the changed no environmental laws, and All this pales in comparison with the esca- dead-line, the permit should be granted auto- created no new causes of action. It was matically. lation of environmental and workplace regu- simply a truth-in-regulating provision. lation taking place in the United States. Congress should emphasize objectives It costs about $150 billion a year to meet sought rather than precise methods to be Unfortunately, environmental advo- the directives of the Environmental Protec- used for each regulatory program. cacy groups and certain members of tion Agency. And the impact on the economy Detailed laws that place ‘‘legislative hand- the house continued to oppose the re- of employment regulation, such as civil cuffs’’ on agencies hamper more cost-effec- vised provision, and refused to pass the rights enforcement and affirmative action tive solutions. However, legislators should safe drinking water bill with my requirements, is estimated at up to $200 bil- avoid writing laws so vague that they know amendment. As a result, the safe lion a year. in advance the courts will have to wrestle What really hurts is that many of the costs with the details. drinking water bill died along with the associated with regulatory programs are ex- The federal government should use risk as- amendment. This, in my opinion, was tremely frivolous from the viewpoint of sessment to set priorities for achieving one of the sorriest chapters of the 103d achieving any serious public policy objec- greater protection of health, safety and the Congress. tive. environment in the most cost-effective man- The Republicans then picked up the Here are just a few examples of the many ner. risk assessment and cost-benefit issue absurd requirements imposed on U.S. busi- All risks are not equally serious. Govern- and included it in their Contract with nesses: ment should focus on the most serious haz- A Kansas City bank was ordered by regu- ards. Sound science and comparative risk America. As a result, it has become a lators to put a Braille keypad on a drive- analysis should be drawn upon during the high Republican priority, and is due to through ATM, or automatic teller machine. legislative drafting process. be acted upon during the first 100 days The U.S. Department of Agriculture re- Congress should promote regulatory jus- of this Congress. quired California farmers to dispose of mil- tice Legislators and regulators should avoid Although I am very pleased by the lions of pounds of otherwise good peaches imposing costs on innocent parties. Where attention that the risk issue is now re- and nectarines simply because they were regulation substantially reduces property ceiving, and fully agree that legisla- smaller than federal standards permitted. rights, compensation should be paid. Fruit that could have been sold or given Now is an especially good time for Con- tion should be enacted promptly, I urge away to the needy had to be left to rot. gress to embark on significant reform of gov- my Republican colleagues to not get In Boise, Idaho, a plumbing company was ernment regulation. Such action would re- carried away. If we do this right, we penalized by OSHA because ‘‘proper’’ safety spond to widespread dissatisfaction with the will inject much-needed discipline into precautions were not taken by the employees high cost and limited benefits of many gov- the process of setting environmental who successfully rescued a suffocating con- ernmental activities. priorities. But if we go too far, we will struction worker from a collapsed trench. The $7,875 fine was eventually rescinded due Mr. MURKOWSKI. I urge my col- bring the regulatory process to a grind- to public outrage. leagues to consider the merits of this ing halt, a result that is not in the best A self-employed truck mechanism in Mor- legislation. I assure you that the public interest of the public or the regulated risville, Pa., was fined $202,000 and sentenced supports it almost unanimously, be- industries.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2044 CONGRESSIONAL RECORD — SENATE February 2, 1995 The bill we are introducing today is and that I would not cosponsor the ment to take regulatory action. But Con- narrowly drawn to apply only to the amendment containing their judicial gress has never concerned itself with how cleanup activities of the Department of review provision. Instead, we will con- risks were calculated or with comparing dif- Energy, such as those at Hanford, WA, tinue to study this crucial issue, with ferent risks. Risk as a general concept was of concern but, with a few notable exceptions, and Rocky Flats, CO. We drafted the the expectation that we can resolve it risk analysis was not. In 1993–1994, this situa- bill in this manner because the cleanup before reporting a bill. tion changed dramatically. of DOE weapons sites is one of the I also want to briefly explain why the Below I review some of the efforts in the toughest issues facing the Energy and bill has no dollar threshold. Last year, 103d Congress to deal with risk analysis; I Natural Resources Committee, and my amendment applied only to EPA then identify the major factors underlying Chairman MURKOWSKI and I want to regulations that have an effect on the lawmakers’ interest in such analysis. I also focus the Energy Committee’s atten- economy of $100 million a year or more. outline what risk legislation can (and can- tion on the need for risk assessment The bill we are introducing today, how- not) accomplish and distinguish among the uses of risk assessment, two issues about and cost-benefit analysis in prioritizing ever, does not contain a dollar thresh- which Congress seems to be confused. that cleanup effort. old because the cleanup activities of LEGISLATIVE RISK PROPOSALS We feel that the cleanup problem at DOE are so easily divided into small in- More than a dozen bills dealing with risk Department of Energy facilities is a crements. In other words, there was analysis were introduced in the 103d Con- perfect example of our inability to set concern that even a relatively low gress. Notable among these were bills intro- rational priorities when it comes to en- threshold could be evaded by dividing a duced by Senator Daniel Patrick Moynihan vironmental protection. Currently, we cleanup plan into units that fit under (D–New York) and Representative Herbert C. are spending $6 billion a year of our the dollar threshold The issue of the Klein (D–New Jersey). Even more notable constituents’ money and accomplishing appropriate threshold, both as to DOE was an amendment to S.R. 171, a bill pro- virtually nothing in terms of actual cleanups and as to regulations issued posed by Senator John Glenn (D–Ohio) to cleanup. If we can set risk-based prior- by other agencies, is one that will need make the U.S. Environmental Protection Agency (EPA) a cabinet department. ities for the cleanup of those facilities, careful examination when we hold Senator Bennett Johnston (D–Louisiana) and then implement those priorities in hearings on this legislation. introduced the amendment, which would a cost-effective fashion, that would be Mr. President, it often takes more have required that EPA conduct a risk anal- a major accomplishment. than one Congress to enact important ysis for each of its regulations and compare This is not to say that Chairman legislation, and this matter has proven the risk reduction to be achieved by the reg- MURKOWSKI, Senator LOTT, and I feel to be no exception. In a recent article ulation with the cost of the legislation and that risk assessment and cost-benefit entitled ‘‘Congress Discovers Risk with other types of risks. The Senate over- analysis should be applied only to the Analysis,’’ Terry Davies of Resources whelmingly passed it by a 95–3 vote, but later the content of the Johnston amend- cleanup of Department of Energy fa- for the Future begins by stating that: ment was modified several times. (The origi- cilities. Chairman MURKOWSKI and Sen- The 103d Congress, which concluded in No- nal version required risk analysis of all final ator LOTT will soon introduce an vember 1994 in a blaze of partisan bickering, regulations; later versions made the require- amendment to the bill, which will fol- will be forgotten for many reasons by those ment applicable only to major regulations low the bill to the Energy Committee. interested in environmental policy. With the and to proposed rather than final regula- The amendment will apply the require- exception of creating a new national park in tions.) ments of the bill to all Federal agen- the California desert, Congress failed to take Legislators proposed adding this amend- action on a long list of environmental issue. cies, including EPA. The bill and the ment to almost every pending environmental However, the 103d Congress will be memo- bill. The lack of action on environmental amendment will then be the subject of rable on at least one environmental count: it legislation during the 103d Congress was due, hearings in our committee. was the Congress that discovered risk anal- to a great extent, to an inability to reach an Although I agree with the thrust of ysis. acceptable compromise on the amendments’s the amendment, I chose not to be a co- Now that we have discovered risk as- language. Junior members of the House sur- sponsor for two reasons. First, I want sessment, I urge that it is the task of prised the leadership by defeating the rule to reserve judgment on whether risk the 104th Congress to legislate on the under which the EPA cabinet bill would go to the House floor for a vote, in part because assessment and cost-benefit analysis subject with all deliberate speed. Given should be required of all Federal agen- the rule would have precluded consideration that we spend almost $150 billion a of the Johnston amendment. cies. I am confident that they should year on environmental protection, we The basic requirements of the Johnston apply to EPA and the Department of cannot afford to delay in setting prior- amendment were similar to the cost-benefit Energy, but I think we need to care- ities based on the extent of risk posed requirements already called for by a Clinton fully examine the issue of applying to the public and the environment. administration executive order (E.O. 12866). those principles to all other Federal I ask unanimous consent that Mr. The Johnston amendment’s one novel re- agencies. Davies’ article be included in the quirement was that the risks to be regulated be compared with other risks—a challenging Second, and perhaps more important, RECORD. I am concerned about the judicial re- requirement but not one that would bring to There being no objection, the mate- a halt all environmental regulatory efforts. view provision that Chairman MUR- rial was ordered to be printed in the Senator Moynihan’s bill (S.R. 110), the KOWSKI and Senator LOTT are expected RECORD, as follows: ‘‘Environmental Risk Reduction Act of to include in their amendment. That [From Resources for the Future, Winter 1995] 1993,’’ would have required the EPA adminis- provision states, in part, that, trator to establish a Committee on Relative CONGRESS DISCOVERS RISK ANALYSIS Any decision, regulatory analysis, risk as- Risks to ‘‘identify and rank the greatest en- (By Terry Davies) sessment, hazard identification, risk charac- vironmental risks to human health, welfare, terization, or certification provided for The 103d Congress, which concluded in No- and ecological resources,’’ as well as a Com- under this act is subject to judicial review in vember 1994 in a blaze of partisan bickering, mittee on Environmental Benefits to provide the same manner and at the same time as will be forgotten for many reasons by those expert advice on estimating the quantitative the underlying final action to which it per- interested in environmental policy. With the benefits of reducing risks. In addition, the tains, * * * exception of creating a new national park in bill would have required EPA to develop the California desert, Congress failed to take ‘‘guidelines to ensure consistency and tech- My concern is that this provision action on a long list of environmental issues. nical quality in risk assessments.’’ Finally, may lead to a substantial increase in However, the 103d Congress will be memo- the bill would have required EPA to estab- litigation. As my colleagues may re- rable on at least one environmental count: it lish a research program on environmental call, the judicial review provision that was the Congress that discovered risk anal- risk assessment and to create an Interagency I included in last year’s amendment ysis. Panel on Risk Assessment and Reduction to was quite narrow, and I remain con- Congress has regulated risk for decades. coordinate federal efforts. vinced that more litigation hurts rath- For example, the national ambient air qual- Moynihan’s bill, which was aimed at im- er than helps our efforts to set rational ity standards called for in the Clean Air Act proving the quality and visibility of risk as- of 1970 are required to protect against health sessment, emphasized comparative risk anal- environmental priorities. Therefore, risks to sensitive populations. The Toxic ysis of the problems addressed by different Chairman MURKOWSKI, Senator LOTT, Substances Control Act, enacted in 1976, was EPA programs, rather than risk analysis of and I agreed that we would not include probably the first law to explicitly use ‘‘un- the problems addressed by individual regula- a judicial review provision in our bill, reasonable risk’’ as the criterion for govern- tions. A bill introduced by Representative

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2045 Klein contained some of the same provisions nonexistent risks. This ‘‘grass roots’’ dimen- quirements are statutorily determined by as the Moynihan bill but focused on improv- sion of the push for comparative risk anal- technology and thus relatively unaffected by ing the quality of risk assessments done to ysis is politically of great significance. risk findings. For example, the initial stand- support individual regulations. Klein’s bill In Congress, risk analysis also has been ards for controlling hazardous air pollutants (H.R. 4306) would have established a Risk As- linked with the issue of takings, uncompen- under the clean Air Act amendments of 1990 sessment Program within EPA to develop, sated restrictions on private land use. Envi- are to be based on the best technologies em- review, and update risk assessment guide- ronmentalists have dubbed risk analysis, un- ployed by each type of polluting facility, not lines. Other elements of the Klein bill in- funded mandates, and takings as ‘‘the un- on risk. Similarly, many of the regulatory cluded research and training in risk assess- holy trinity,’’ although risk and takings do requirements under the Clean Water Act are ment and a pilot project on comparative risk not have the direct, substantive connection based on ‘‘best available technology,’’ a de- analysis. that risk and unfunded mandates often do. termination of which is unrelated to risk. The Klein bill originally was supported by The three have become linked because each EPA actions under these provisions will not the Clinton administration. Environmental- potentially could slow or halt federal envi- be influenced by any changes in risk assess- ists, who have generally opposed any efforts ronmental regulation. ment methods. to promote risk analysis, stated that they A third factor contributing to the interest USES OF RISK ASSESSMENT would not oppose the bill. However, the in comparative risk is the shortage of public A more general source of confusion in the House Committee on Science, Space, and funds at all governmental levels. The short- current debate over risk assessment arises Technology made a series of changes in the age emphasizes the need to set priorities and from a failure to distinguish among different bill that caused both the administration and to make hard choices. Not coincidentally, uses of risk assessment. At least four dif- the environmentalists to oppose its passage. the congressional committees responsible for ferent policy uses of risk assessment exist. The offending changes were put forward by appropriating money to EPA have been Each involves different methodologies and congressional members and staff who believe strong supporters of applying comparative raises different problems. that EPA risk assessments are generally bi- risk analysis to different EPA programs (as The most common use of risk assessment ased in favor of regulation and exaggerate opposed to different proposed regulations). in policymaking is in regulatory decision- the degree of risk. The changes would have For these committees, risk analysis holds making. For all significant regulations, E.O. done two things. First, they would have the promise of providing a rationale and a 12866 requires the agency proposing the regu- made both risk assessment guidelines and defense for difficult budgetary choices. At lation to conduct a cost-benefit analysis. EPA’s risk assessments potentially subject the same time, the results of risk analysis From the perspective of EPA and the other to judicial review. In withdrawing support are sufficiently broad and uncertain that the health and safety regulatory agencies, the for the bill, EPA stated that the changes committees do not have to worry about los- benefit side of the cost-benefit equation gen- could make risk assessment ‘‘more a con- ing control over budgetary decisions. erally is the amount of risk reduced by the struct of the courts than of sound science.’’ WHAT RISK LEGISLATION CAN ACCOMPLISH regulation as calculated by some type of risk Second, the changes would have directed No other congressional issue is marked assessment. Within EPA, risk assessment is EPA to use ‘‘the most plausible’’ and ‘‘unbi- more by confusion and misinformation than often used to gauge where to set a standard ased’’ assumptions to calculate ‘‘central esti- the current debate over risk assessment. One (although, as noted above, statutory require- mates of risk’’ and to employ the ‘‘best in- reason is that legislators seem confused (per- ments frequently preclude risk consider- formation.’’ Although these changes sound haps in some cases deliberately) about what ations), because it is the only way to deter- innocuous, they could have changed EPA’s risk assessment legislation can accomplish. mine how much (if any) danger a given sub- risk assessment methodology in funda- Members of Congress have an understand- stance, product, or activity poses. mental ways, especially when combined with able tendency to blame EPA for problems A second use of risk assessment occurs in the threat of litigation. that local constituents have with pollution- Congress’ statutory definition of ‘‘acceptable In the closing days of the session, Congress control requirements. Since risk assessment risk.’’ Probably the best example of this use enacted a U.S. Department of Agriculture re- supposedly guides EPA decisions, they be- is the Clean Air Act, which requires the EPA organization bill with a version of the John- lieve that changing the way risk assessment administrator to promulgate more stringent ston amendment attached to it. However, is done can alleviate the problem of un- standards for emissions of hazardous pollut- the amendment applies only to environ- wanted or unreasonable requirements im- ants when the technology-based standards mental and health regulations promulgated posed on local governments and corpora- for the emissions ‘‘do not reduce life-time by the Department of Agriculture. No other tions. However, for Congress, in many cases excess cancer risks to the individual most risk legislation passed, but the issues raised both Shakespeare and the comic strip char- exposed * * * to less than one in one million. in the debate over the Klein bill will be high acter Pogo are apt. The fault is not in the These bright line provisions have been on the agenda of the 104th Congress, many of stars—Congress has met the enemy and it is based on quantitative assessment of cancer whose Republican members have promised them. risk, but cancer may not be the risk that is reform of federal regulations as part of the The unfunded mandates that have caused of most concern. Ecological threats, birth ‘‘Contract with America.’’ The reasons for the most problems for local governments are defects, liver damage, hormonal or immune interest in risk have become, if anything, those related to drinking water. Commu- deficiencies, or any of a thousand other prob- more pressing, and the Republicans have nities complain that EPA is requiring them lems may be the reason for regulating risk. generally been more supportive of risk legis- to monitor for chemicals that pose no risk Because the cancer risk may be irrelevant, lation than the Democrats. and that the agency is demanding expensive gearing the risk standard to cancer may set FACTORS UNDERLYING CONGRESS’S INTEREST IN capital investments to deal with nonexistent the standard too high or too low. Risk as- RISK threats. But most of these difficulties arise sessment takes many different forms. Quan- Why the sudden passion for risk analysis from the 1986 amendments to the Safe Drink- titative cancer risk assessment is only one of and comparative risk assessment? Several ing Water Act—amendments that required them and often not the most appropriate one interrelated factors account for Congress’s EPA to set standards for forty water con- to use. newfound interest. taminants within two years of the act’s pas- Another problem is that the bright line, The first factor is a shift in the public’s sage and to keep issuing standards for addi- acceptable risk approach assumes a precision view of environmental problems. Whether tional contaminants at an equally rapid that most risk assessments cannot achieve. because of the increasing costs of environ- pace. Congress directed that the standards be Risk assessment is still a relatively crude mental remedies, the rightward shift of the set ‘‘as close to the maximum contaminant science and depending on which methodo- nation’s politics, growing cynicism toward level goal as is feasible.’’ In turn, the max- logical assumptions are used, its results may all groups and institutions, or other reasons, imum contaminant goal is to be set ‘‘at the vary a hundredfold or more. Thus, placing many people no longer believe that all envi- level at which no known or anticipated ad- great legal weight on one point estimate of ronmental problems are urgently pressing. verse effects on the health of persons occur risk is an open invitation to shade the as- The notion of priorities—of some problems and which allows an adequate margin of safe- sumptions in a certain direction in order to being more important than others—has en- ty.’’ achieve the desired outcome. tered the environmental debate. To put it bluntly, Congress should not pass A third use of risk assessment is priority The second factor is the squeeze being put laws that require absolute protection for the setting for individual risks or regulations, on some state and local governments by un- public and then complain when EPA promul- which involves comparing one specific risk funded environmental mandates. These gov- gates standards that provide such protec- to another. Such comparisons can be useful ernments have seized upon comparative risk tion. It should not pass laws that require in putting any particular risk into perspec- assessment as a potent weapon for fighting EPA to move rapidly to promulgate numer- tive; but two caveats, neither of which has expensive and often unwanted federal re- ous regulations and then complain when the received much attention in Congress, are im- quirements. In many cases, states and local- agency moves rapidly to promulgate numer- portant to note. The first concerns the ities believe they can show that they are ous regulations. Implementing the law crudeness of risk estimates. If the uncer- being required to expend funds on problems should not be considered a political crime. tainty range around any point estimate of that either pose smaller risks than those Another ‘‘confusion’’ in Congress is that risk is several orders of magnitude, it fre- arising from other problems on which the risk drives all environmental decisions. In quently will be impossible to establish clear- money could be spent or that pose trivial or fact, many environmental regulatory rely that one risk is greater than another. The

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2046 CONGRESSIONAL RECORD — SENATE February 2, 1995 second caveat relates to the many dimen- I believe that most Americans would the ultimate American right of a trial sions of risk other than the amount of dam- be shocked and dismayed to discover when there is an honest disagreement. age to health and the environment. These di- that Federal agencies every day release mensions include whether the risk is under- The existing regulatory system is up- taken voluntarily, whether the victims can and enforce rules that have not been side down. Agencies which have a vest- be identified, and whether the nature of the validated with solid, sound, scientific ed interest in promulgating rules can- risk is catastrophic—that is, whether great data. not be challenged in any public forum damage occurs at one time, as in a plane It does not make sense, but unfortu- on the very foundation and basis for its crash, or whether less damage occurs and is nately it is true. rules. spread over time, as in car accidents. These That is why legislation is needed to Our legislation is not questioning the dimensions of risk are important politically, mandate a commonsense approach. psychologically, and even ethically. They necessity for the rule or rulemaking. need to be taken into account when com- We have crafted a bill which simply We are just talking about the under- paring risks. demands that the Department of En- lying risk assessments. The fourth use of risk assessment is pri- ergy act in a scientifically responsible Our legislation merely levels the ority setting for government programs and manner. playing field between the benevolent budgets. This use was pioneered by EPA in This year’s legislation builds on the protector and the protected American 1987 when it published its report Unfinished bill I introduced in the last Congress public. I cannot imagine why this is so Business. Senator Moynihan has introduced and the two successful amendments of- legislation requiring this type of priority threatening, unless there are many fered by Senator JOHNSTON of Lou- setting to be instituted within EPA. Both rules that cannot pass the red-face test isiana. the House and Senate appropriations com- as my coauthor and friend, Senator mittees for EPA have expressed interest in Senator JOHNSTON’s amendments JOHNSTON, is fond of saying. this approach in the belief that it might pro- were overwhelmingly adopted, and this vide a ‘‘scientific’’ way of making (or justi- clearly illustrates the congressional Tell me what is so threatening by the fying) difficult budget choices. frustration and bipartisan support for words ‘‘scientifically objective and un- Comparisons of risks regulated by different stopping Federal agencies which avoid biased.’’ programs are a useful way to consider prior- Maybe the status quo can be charac- ities, and they hold long-term promise of sound science and fiscal responsibility bringing greater rationality to government in rulemaking. terized, as I believe, as cavalier and ar- budgeting and goal setting. However, we do Senator MURKOWSKI, as the new bitrary. not have (and may never have) good methods chairman of the Energy and Natural I see peer review as a useful certifi- for comparing different types of risks. Com- Resources Committee, has played a cation function which ends the Federal paring health risks with ecological risks, for critical role in focusing this legisla- Government’s stifling monopoly over example, is clearly a value-laden process. risk assessment methodology and prac- Moreover, acting on the results of broad risk tion. And his committee is an appro- comparisons is almost always impeded by in- priate forum to examine the issue and tices. By extending power to scientists dividual statutory mandates. Each environ- its consequences. from academia, who have no vested in- mental program has its statutory support, This year similar legislation was interest in the agency, makes good Mis- which is designed (in part) to give each pro- troduced in the House of Representa- sissippi sense. Who feels safe when the gram high priority and prevent its being tives and is already receiving scrutiny fox watches the hen house? And that is compared to other programs. through hearings. what is happening now. THE ROAD AHEAD There is also comparable and more All we want to do is restore the pub- Risk assessment can be a powerful tool for comprehensive legislation being draft- lic confidence in the rulemaking proc- improving environmental policy and deci- ed by Senator DOLE, the majority lead- ess and the risk assessment methods. sionmaking. Like all powerful tools, however, it can be abused and employed for ne- er. And, I am confident that this is the farious purposes. There are also bills introduced by same goal of each Senator who is in- Most of the risk legislation that has been Senators BAUCUS, MOYNIHAN, and ROTH volved in examining this issue. proposed would have little short-term effect which touch on the same subject. It serves no useful purpose for regu- on environmental policy. However, I believe Clearly, there is a groundswell of leg- some of the proposals could do major harm lators to hide their value judgments islative activity to stop Federal agency behind complicated mathematical to the quality of the science behind regu- abuse in the name of science which, latory initiatives by making risk guidelines probabilities which just do not make judicially enforceable. Doing so would trans- more often than not, turns out to be sense. In the end the American citizen form risk analysis from a scientific under- false, questionable, or even misleading. is unable to either comprehend or dis- taking to a legal one, would preclude the ex- This deceptive and dishonest regu- tinguish the authentic risk. ercise of scientific judgment on how to con- latory zeal reminds me of the title of Our legislation will not bog down the duct risk assessments of individual chemi- an ABC news program by John cals, and would be a major obstacle to incor- process as opponents will assert. But, Stossel—‘‘Are We Scaring Ourselves to like many of the risks subjected to porating scientific advances into risk assess- Death.’’ ment. In addition, some proposals would rules, this too is a false argument be- make risk assessment information useless to This program made its point in a cause only major rules will be sub- decisionmakers by dictating which risk as- compelling manner—Federal rule- jected to this process. making is seriously flawed. sessment methodologies are used. Some of Our legislation will not gut existing these proposals can be interpreted to mean Our legislation will not add to the that risk assessments should determine risk confusion. It will not stall scientific environmental laws as opponents will to the average person rather than to the advances, and it will not prescribe how also claim. Wrong. There is a specific most vulnerable people. to conduct scientific research. section in the bill which expressly However, the discovery of risk analysis by states that no existing statutes will be the 103d Congress means that the new Repub- On the contrary, in a nutshell, it will just force transparency and account- removed. Although there are a lot that lican Congress has an opportunity to forge I would like to see removed as we go legislation that will improve the long-term ability in the rulemaking process and quality of regulatory decisions and environ- nothing more. forward, that is not what this bill does. mental policy. If the varied interests with a No Federal agency should be afraid of Why would opponents advance such stake in environmental policy can reduce honestly displaying to the American shrill and untrue assertions? Perhaps the ideological and partisan coloration that people they are protecting the science, there are regulations which will fail has characterized the risk debate so far, and logic, assumptions, and inferences used the Johnston red-face test or serve as if they can accept both the uses and limita- another illustration for John Stossel to tions of risk assessment, the risk debate to establish the rules and standards it could lead to a new era of more effective, ef- imposes. humiliate an agency. ficient, and equitable environmental pro- This is not irresponsible and not bur- Public policy should not be main- grams. densome. tained just to avoid agency embarrass- Mr. LOTT. Mr. President, I rise today Our legislation does permit Ameri- ment. to announce that with my colleagues, cans to: First, challenge existing risk This only perpetuates the harm done Senators MURKOWSKI and JOHNSTON, we assessments; second, insist on an inde- to Americans who have lost economic are introducing the Department of En- pendent peer review of the risk and its opportunities through misplaced prior- ergy Risk Management Act of 1995. corresponding rule; and third, request ities for unfounded risks.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2047 And, even more serious, public dol- While citizens have protection when ‘‘(A) means the action of a law enforce- lars have been wasted chasing an agen- a law enforcement officer engages in ment agency, acting alone or in cooperation da rather than valid risks. This has ex- improper conduct, the police officer is with another agency, or a division or unit posed Americans to real risks which often left without any legal rights within an agency, or the action of an indi- could have been corrected long ago. when subject to disciplinary action. vidual law enforcement officer, taken with regard to another enforcement officer, if Risk based decisionmaking is obvi- This bill aims to correct that unfair- ous, especially since our Government, such action is based on reasonable suspicion ness. that the law enforcement officer has vio- and the private sector, spends billions The bill guarantees basic due process lated, is violating, or will in the future vio- through the regulatory process to pro- rights to law enforcement officers who late a statute or ordinance, or administra- tect the environment and human are subject to investigation or interro- tive rule, regulation, or procedure relating health. gation for noncriminal disciplinary to service as a law enforcement officer; and Our country needs a way to choose matters. And, let me emphasize that ‘‘(B) includes— regulatory priorities, just like families these rights do not apply in an emer- ‘‘(i) asking questions of other law enforce- prioritize its spending. This can be gency situation where the police offi- ment officers or nonlaw enforcement offi- done with the cost/benefit provision in cer is suspected of committing a crime cers; this legislation without greater expo- or where that officer would be a threat ‘‘(ii) conducting observations; sure to risks. to the safety or property of others. The ‘‘(iii) evaluating reports, records, or other documents; and Asserting an unfounded risk is not a bill reserves in the chief of police or substitute for informed and thoughtful ‘‘(iv) examining physical evidence. other local officials the right to imme- ‘‘ ‘law enforcement agency’ means a State consideration by accountable officials diately suspend an officer who is sus- who work with the public to make bal- or local public agency charged by law with pected of committing a serious offense. the duty to prevent or investigate crimes or anced decisions. But, where there is no criminal con- apprehend or hold in custody persons The Murkowski-Johnston bill gives duct and no emergency situation, a po- charged with or convicted of crimes. you accountability and public access. lice officer should have a right to be in- ‘‘ ‘law enforcement officer’ and ‘officer’— I am proud of the bipartisan and col- formed of his or her misconduct, to an- ‘‘(A) mean a member of a law enforcement laborative effort this legislation rep- swer the charges, and to be represented agency serving in a law enforcement posi- resents. by a lawyer or other appropriate per- tion, which is usually indicated by formal It is a solid commitment to sound son. These are basic due process rights training (regardless of whether the officer rulemaking which will not jeopardize that should be guaranteed to those on has completed or been assigned to such our environment or the health of our training) and usually accompanied by the whom we rely to protect our safety. citizens. power to make arrests; and Our legislation will remove misin- Mr. President, there are some 475,000 ‘‘(B) include— formation and public confusion. State and local law enforcement offi- ‘‘(i) a member who serves full time, wheth- I believe the Department of Energy cers who put their lives on the line for er probationary or nonprobationary, com- Risk Management Act deserves your the rest of us. Let us give them their missioned or noncommissioned, career or serious consideration and support. basic and fundamental rights. noncareer, tenured or nontenured, and merit So I urge my colleagues to look at I ask unanimous consent that the or nonmerit; and this legislation. It has been carefully full text of the bill be printed in the ‘‘(ii) the chief law enforcement officer of a law enforcement agency. crafted over a number of months. It is RECORD. There being no objection, the bill was ‘‘ ‘summary punishment’ means punish- long overdue in my opinion. ment imposed for a minor violation of a law ordered to be printed in the RECORD, as I would like to say now that I cer- enforcement agency’s rules and regulations tainly commend the distinguished Sen- follows: that does not result in suspension, demotion, ator from Alaska for the good work he S. 334 reduction in pay or other employment ben- has done. He has already had some pre- Be it enacted by the Senate and House of Rep- efit, dismissal, or transfer. resentatives of the United States of America in liminary hearings on this. I hope we ‘‘(b) APPLICATION OF SECTION.— Congress assembled, can move this legislation early in this ‘‘(1) IN GENERAL.—This section sets forth session. SECTION 1. SHORT TITLE. rights that shall be afforded a law enforce- This Act may be cited as the ‘‘Law En- ment officer who is the subject of an inves- By Mr. MCCONNELL (for himself forcement Officers’ Bill of Rights Act of tigation. and Mr. BIDEN): 1995’’. ‘‘(2) NONAPPLICABILITY.—This section does S. 334. A bill to amend title I of the SEC. 2. RIGHTS OF LAW ENFORCEMENT OFFI- not apply in the case of— Omnibus Crime Control and Safe CERS. ‘‘(A) a criminal investigation of a law en- Streets Act of 1968 to encourage States (a) IN GENERAL.—Part H of title I of the forcement officer’s conduct; or to enact a law enforcement officers’ Omnibus Crime Control and Safe Streets Act ‘‘(B) a nondisciplinary action taken in of 1968 (42 U.S.C. 3781 et seq.) is amended by good faith on the basis of a law enforcement bill of rights, to provide standards and adding at the end the following new section: protection for the conduct of internal officer’s employment related performance. ‘‘RIGHTS OF LAW ENFORCEMENT OFFICERS police investigations, and for other ‘‘(c) POLITICAL ACTIVITY.—Except when on ‘‘SEC. 819. (a) DEFINITIONS.—In this sec- duty or acting in an official capacity, no law purposes; to the Committee on the Ju- tion— enforcement officer shall be prohibited from diciary. ‘‘ ‘disciplinary action’ means the suspen- THE LAW ENFORCEMENT OFFICERS’ BILL OF sion, demotion, reduction in pay or other engaging in political activity or be denied RIGHTS ACT OF 1995 employment benefit, dismissal, transfer, or the right to refrain from engaging in such ∑ Mr. MCCONNELL. Mr. President, I similar action taken against a law enforce- activity. am pleased to introduce a bill to estab- ment officer as punishment for misconduct. ‘‘(d) RIGHTS OF LAW ENFORCEMENT OFFI- lish a law enforcement officer’s bill of ‘‘ ‘disciplinary hearing’ means an adminis- CERS WHILE UNDER INVESTIGATION.—When a rights. In every city and town, we rely trative hearing initiated by a law enforce- law enforcement officer is under investiga- ment agency against a law enforcement offi- on law enforcement officers to protect tion that could lead to disciplinary action, cer, based on probable cause to believe that our safety. They put their lives on the the officer has violated or is violating a rule, the following minimum standards shall line for us every single day. regulation, or procedure related to service as apply: And, often their jobs can be very dif- an officer and is subject to disciplinary ac- ‘‘(1) NOTICE OF INVESTIGATION.—A law en- ficult. The Constitution requires they tion. forcement officer shall be notified of the in- conduct themselves appropriately, and ‘‘ ‘emergency suspension’ means tem- vestigation prior to being interviewed. No- they are subject to the laws and regu- porary action imposed by the head of the law tice shall include the general nature and lations set out by Congress as well as enforcement agency when that official deter- scope of the investigation and all depart- State and local regulatory bodies. They mines that there is probable cause to believe mental violations for which reasonable suspicion exists. No investigation based on a have to make snap decisions in high that a law enforcement officer— ‘‘(A) has committed a felony; or complaint from outside the law enforcement pressure situations. If they make the ‘‘(B) poses an immediate threat to the safe- agency may commence unless the complain- wrong decision, they can be subject to ty of the officer or others or the property of ant provides a signed detailed statement. An a lawsuit—for violation of the civil others. investigation based on a complaint from out- rights of a citizen. ‘‘ ‘investigation’— side the agency shall commence within 15

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2048 CONGRESSIONAL RECORD — SENATE February 2, 1995 days after receipt of the complaint by the officer violated a statute, ordinance, or pub- failure to comply with a summons, the hear- agency. lished administrative rule, regulation, or ing officer or board may petition a court to ‘‘(2) NOTICE OF PROPOSED FINDINGS AND REC- procedure. issue an order, with failure to comply being OMMENDATION.—At the conclusion of the in- ‘‘(3) TIME LIMIT.—No disciplinary charges subject to contempt of court. vestigation, the person in charge of the in- may be brought against a law enforcement ‘‘(12) CLOSED HEARING.—A disciplinary vestigation shall inform the law enforcement officer unless filed within 90 days after the hearing shall be closed to the public unless officer under investigation, in writing, of the commencement of an investigation, except the law enforcement officer who is the sub- investigative findings and any recommenda- for good cause shown. ject of the hearing requests, in writing, that tion for disciplinary action that the person ‘‘(4) NOTICE OF FILING OF CHARGES.—The the hearing be open to specified individuals intends to make. law enforcement agency shall provide writ- or the general public. ‘‘(e) RIGHTS OF LAW ENFORCEMENT OFFI- ten, actual notification to the law enforce- ‘‘(13) RECORDATION.—All aspects of a dis- CERS PRIOR TO AND DURING QUESTIONING.— ment officer, not later than 30 days after the ciplinary hearing, including prehearing mo- When a law enforcement officer is subjected filing of disciplinary charges, of the fol- tions, shall be recorded by audio tape, video to questioning that could lead to discipli- lowing: tape, or transcription. nary action, the following minimum stand- ‘‘(A) The date, time, and location of the ‘‘(14) SEQUESTRATION OF WITNESSES.—Either ards shall apply: disciplinary hearing, which shall take place side in a disciplinary hearing may move for ‘‘(1) REASONABLE HOURS.—Questioning of a not sooner than 30 days and not later than 60 and be entitled to sequestration of witnesses. law enforcement officer shall be conducted days after notification to the law enforce- ‘‘(15) TESTIMONY UNDER OATH.—The hearing at a reasonable hour, preferably when the ment officer under investigation unless officer or board shall administer an oath or law enforcement officer is on duty, unless ex- waived in writing by the officer. affirmation to each witness, who shall tes- igent circumstances otherwise require. ‘‘(B) The name and mailing address of the tify subject to the applicable laws of perjury. ‘‘(2) PLACE OF QUESTIONING.—Questioning of hearing officer. ‘‘(16) VERDICT ON EACH CHARGE.—At the the law enforcement officer shall take place ‘‘(C) The name, rank, and command of the conclusion of all the evidence, and after oral at the offices of the persons who are con- prosecutor, if a law enforcement officer, or argument from both sides, the hearing offi- ducting the investigation or the place where the name, position, and mailing address of cer or board shall deliberate and render a the law enforcement officer reports for duty, the prosecutor, if not a law enforcement offi- verdict on each charge. unless the officer consents in writing to cer. ‘‘(17) BURDEN OF PERSUASION.—The prosecu- being questioned elsewhere. ‘‘(5) REPRESENTATION.—During a discipli- tor’s burden of persuasion shall be by clear ‘‘(3) IDENTIFICATION OF QUESTIONER.—The nary hearing an officer shall be entitled to and convincing evidence as to each charge law enforcement officer under investigation be represented by counsel or nonattorney involving false representation, fraud, dishon- shall be informed, at the commencement of representative. esty, deceit, or criminal behavior and by a any questioning, of the name, rank, and ‘‘(6) HEARING BOARD AND PROCEDURE.—(A) A preponderance of the evidence as to all other command of the officer conducting the ques- State shall determine the composition of a charges. tioning. disciplinary hearing board and the proce- ‘‘(18) FINDING OF NOT GUILTY.—If the law ‘‘(4) SINGLE QUESTIONER.—During any sin- dures for a disciplinary hearing. gle period of questioning of the law enforce- enforcement officer is found not guilty of the ‘‘(B) A disciplinary hearing board that in- disciplinary violations, the matter is con- ment officer, all questions shall be asked by cludes employees of the law enforcement cluded and no disciplinary action may be or through a single investigator. agency of which the officer who is the sub- taken. ‘‘(5) NOTICE OF NATURE OF INVESTIGATION.— ject of the hearing is a member shall include ‘‘(19) FINDING OF GUILTY.—If the law en- The law enforcement officer under investiga- at least 1 law enforcement officer of equal or forcement officer is found guilty, the hearing tion shall be informed in writing of the na- lesser rank to the officer who is the subject officer or board shall make a written rec- ture of the investigation prior to any ques- of the hearing. ommendation of a penalty. The sentencing tioning. ‘‘(7) ACCESS TO EVIDENCE.—A law enforce- authority may not impose greater than the ‘‘(6) REASONABLE TIME PERIOD.—Any ques- ment officer who is brought before a discipli- penalty recommended by the hearing officer tioning of a law enforcement officer in con- nary hearing board shall be provided access nection with an investigation shall be for a to all transcripts, records, written state- or board. reasonable period of time and shall allow for ments, written reports, analyses, and elec- ‘‘(20) APPEAL.—A law enforcement officer reasonable periods for the rest and personal tronically recorded information pertinent to may appeal from a final decision of a law en- necessities of the law enforcement officer. the case that— forcement agency to a court to the extent ‘‘(7) NO THREATS OR PROMISES.—Threats ‘‘(A) contain exculpatory information; available in any other administrative pro- against, harassment of, or promise of reward ‘‘(B) are intended to support any discipli- ceeding, in accordance with the applicable shall not be made in connection with an in- nary action; or State law. ‘‘(g) WAIVER OF RIGHTS.—A law enforce- vestigation to induce the answering of any ‘‘(C) are to be introduced in the discipli- ment officer may waive any of the rights question. No statement given by the officer nary hearing. guaranteed by this section subsequent to the may be used in a subsequent criminal pro- ‘‘(8) IDENTIFICATION OF WITNESSES.—The time that the officer has been notified that ceeding unless the officer has received a disciplinary advocate for the law enforce- the officer is under investigation. Such a written grant of use and derivative use im- ment agency of which the officer who is the waiver shall be in writing and signed by the munity or transactional immunity. subject of the hearing is a member shall no- officer. ‘‘(8) RECORDATION.—All questioning of any tify the law enforcement officer, or his attor- ‘‘(h) SUMMARY PUNISHMENT AND EMERGENCY ney if he is represented by counsel, not later law enforcement officer in connection with SUSPENSION.— than 15 days prior to the hearing, of the the investigation shall be recorded in full, in ‘‘(1) IN GENERAL.—This section does not name and addresses of all witnesses for the writing or by electronic device, and a copy of preclude a State from providing for summary law enforcement agency. the transcript shall be made available to the punishment or emergency suspension. ‘‘(9) COPY OF INVESTIGATIVE FILE.—The dis- officer under investigation. ‘‘(2) HEALTH BENEFITS.—An emergency sus- ciplinary advocate for the law enforcement ‘‘(9) COUNSEL.—The law enforcement offi- pension shall not affect or infringe on the agency of which the officer who is the sub- cer under investigation shall be entitled to health benefits of a law enforcement officer ject of the hearing is a member shall provide counsel (or any other one person of the offi- or the officer’s dependents. cer’s choice) at any questioning of the offi- to the law enforcement officer, at the law en- ‘‘(i) RETALIATION FOR EXERCISING RIGHTS.— cer, unless the officer consents in writing to forcement officer’s request, not later than 15 There shall be no penalty or threat of pen- being questioned outside the presence of days prior to the hearing, a copy of the in- alty against a law enforcement officer for counsel. vestigative file, including all exculpatory the exercise of the officer’s rights under this ‘‘(f) DISCIPLINARY HEARING.— and inculpatory information but excluding section. ‘‘(1) NOTICE OF OPPORTUNITY FOR HEARING.— confidential sources. ‘‘(j) OTHER REMEDIES NOT IMPAIRED.—Noth- Except in a case of summary punishment or ‘‘(10) EXAMINATION OF PHYSICAL EVIDENCE.— ing in this section shall be construed to im- emergency suspension described in sub- The disciplinary advocate for the law en- pair any other legal right or remedy that a section (h), if an investigation of a law enforcement agency of which the officer who is law enforcement officer may have as a result forcement officer results in a recommenda- the subject of the hearing is a member shall of a constitution, statute, ordinance, regulation of disciplinary action, the law enforce- notify the law enforcement officer, at the of- tion, collective bargaining agreement or ment agency shall notify the law enforce- ficer’s request, not later than 15 days prior other sources of rights. ment officer that the law enforcement offi- to the hearing, of all physical, nondocumen- ‘‘(k) DECLARATORY OR INJUNCTIVE RELIEF.— cer is entitled to a hearing on the issues by tary evidence, and provide reasonable date, A law enforcement officer who is being de- a hearing officer or board prior to the impo- time, place, and manner for the officer to ex- nied any right afforded by this section may sition of any disciplinary action. amine such evidence at least 10 days prior to petition a State court for declaratory or in- ‘‘(2) REQUIREMENT OF DETERMINATION OF the hearing. junctive relief to prohibit the law enforce- VIOLATION.—No disciplinary action may be ‘‘(11) SUMMONSES.—The hearing board shall ment agency from violating such right. taken unless a hearing officer or board deter- have the power to issue summonses to com- ‘‘(l) PROHIBITION OF ADVERSE MATERIAL IN mines, pursuant to a fairly conducted dis- pel testimony of witnesses and production of OFFICER’S FILE.—A law enforcement agency ciplinary hearing, that the law enforcement documentary evidence. If confronted with a shall not insert any adverse material into

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2049 the file of any law enforcement officer, or the National Commission on Accredita- day’s patrol officer will be tomorrow’s possess or maintain control over any adverse tion for Law Enforcement. sheriff. That is why I look forward to material in any form within the law enforce- As the preface to the Commission’s working with all members of the law ment agency, unless the officer has had an standards on internal affairs notes: enforcement community to pass legis- opportunity to review and comment in writing on the adverse material. ‘The internal affairs function is important lation protecting the rights of all law ‘‘(m) DISCLOSURE OF PERSONAL ASSETS.—A for the maintenance of professional conduct enforcement officers. law enforcement officer shall not be required in a law enforcement agency. The integrity Mr. President, I have heard many or requested to disclose any item of the offi- of the agency depends on the personal integ- Members of the Senate reflect on the cer’s personal property, income, assets, rity and discipline of each employee. To a commitment of those brave individuals sources of income, debts, personal or domes- large degree, the public image of the agency is determined by the quality of the internal who risk their lives as front-line law tic expenditures (including those of any enforcement officers. Mr. President, member of the officer’s household), unless— affairs function in responding to allegations ‘‘(1) the information is necessary to the in- of misconduct by the agency or its employ- the bill we introduce today gives every vestigation of a violation of any Federal, ees. Member of the Senate the chance to State or local law, rule, or regulation with The specific standards and rights provide at least some of the protec- respect to the performance of official duties; guaranteed by the law enforcement of- tions these police heroes deserve.∑ and ficers bill of rights introduced today ‘‘(2) such disclosure is required by Federal, include: By Mr. D’AMATO: State, or local law. S. 337. A bill to enhance competition ‘‘(n) STATES’ RIGHTS.—This section does The right to engage or not engage in polit- not preempt State laws in effect on the date ical activities independent of an officer’s of- in the financial services sector, and for of enactment of this Act that confer rights ficial capacity; other purposes; to the Committee on that equal or exceed the rights and coverage The right to be informed by a written Banking, Housing, and Urban Affairs. afforded by this section. This section shall statement of the charges brought against an THE DEPOSITORY INSTITUTION AFFILIATION ACT not be a bar to the enactment of a police of- officer; OF 1995 The right to be free from undue coercion or ficer’s bill of rights, or similar legislation, ∑ Mr. D’AMATO. Mr. President, I today by any State. A State law which confers harassment during an investigation; and fewer rights or provides less protection than The right to counsel during an investiga- introduce the Depository Institution this section shall be preempted by this section. Affiliation Act of 1995 to modernize the tion. The provisions of this bill will take antiquated laws governing the finan- ‘‘(o) MUTUALLY AGREED UPON COLLECTIVE effect at the end of the second full leg- cial services industry. I am pleased BARGAINING AGREEMENTS.—This section does islative term of each State. After such that Representative RICHARD BAKER, not preempt existing mutually agreed upon chairman of the House Banking Sub- collective bargaining agreements in effect on time, a law enforcement officer whose rights have been abridged may sue in committee on Capital Markets, Securi- the date of enactment of this Act that are ties and Government Sponsored Enter- substantially similar to the rights and cov- State court for pecuniary and other erage afforded under this section.’’. damages, including full reinstatement. prises, will today introduce similar leg- (b) TECHNICAL AMENDMENT.—The table of Although the bill provides certain islation. This comprehensive legisla- contents of title I of the Omnibus Crime Con- procedural rights, it gives States con- tion seeks: trol and Safe Streets Act of 1968 (42 U.S.C. siderable discretion in implementing To promote competition among bank preceding 3701) is amended by inserting after these safeguards, including the flexi- and nonbank providers of financial the item relating to section 818 the following services; new item: bility to provide for summary punish- To encourage innovation in the de- ‘‘Sec. 819. Rights of law enforcement offi- ment and emergency suspensions of cers.’’.∑ law enforcement officers. sign and delivery of financial services and products to individuals, large and ∑ Mr. BIDEN. Mr. President; today I It is also important to note what the small businesses, nonprofit institu- and Senator MCCONNELL are intro- bill does not do. The bill explicitly pro- tions, and municipalities; ducing the Law Enforcement Officers’ vides that the standards and protec- Bill of Rights Act of 1995, a bill aimed tions governing internal investigations To ensure the adequate regulation of at protecting the rights of law enforce- shall not apply to investigations of financial intermediaries in order to ment officers on the front line of this criminal misconduct by law enforce- protect depositors and investors; Nation’s fight against violent crime ment officers. As a result, criminal in- To preserve the safety and soundness and drug trafficking. vestigations of law enforcement offi- of the banking system and the overall Police work is an incredibly difficult cers would not be affected by this bill. financial system; and job, demanding split-second decisions Moreover, the protections in this bill To protect the Nation’s taxpayers by that have life-or-death consequences. do not apply to minor violations of de- requiring that nonbanking activities My colleagues may be surprised to find partmental rules or regulations, not to are conducted in separately capitalized that despite the critical role that actions taken on the basis of an offi- and functionally regulated affiliates. front-line law enforcement officers cers’ employment-related performance. Mr. President, now is the time to play to enforce the Constitution’s I would also like to acknowledge the ready the Nation’s financial services rights and guarantees, and the related hard work of several of the Nation’s industry for the 21st century. Congress need to guarantee the highest stand- leading law enforcement organizations has allowed regulation of the financial ards of police conduct, internal dis- on this important bill. the real leaders services industry, a goliath with 5 mil- ciplinary procedures in law enforce- behind this effort—and they have been lion employees and $16 trillion in as- ment agencies continue to vary widely the leaders since the police officers’ sets, to fall far behind market forces. across the nation. bill of rights won passage in the Senate Since the late 1970’s, market forces The often ad hoc procedures that in 1991—are the Fraternal Order of Po- have fueled massive changes in the fi- many departments use to guide inter- lice, the National Association of Police nancial services industry. But the nal investigations frequently allows Organizations, and the International United States still relies on a regu- police executives to take arbitrary and Brotherhood of Police Officers. No one latory system, born in the wake of the unfair actions against innocent police should be confused about where the Great Depression, which stifles com- officers, while allowing culpable offi- force behind the law enforcement offi- petition among providers of financial cers to avoid any punishment at all. cers bill of rights lies—it lies with services. Without comprehensive re- The law enforcement officers’ bill of these organizations. form, the Nation risks losing its lead- rights is designed to replace the ad hoc Finally, let me say to the entire law ership in the global market for finan- nature of many internal police inves- enforcement community—you enjoy cial services to Europe and Japan. tigations by encouraging States to pro- one of the most amicable and produc- Mr. President, this bill is virtually vide minimum procedural standards to tive relationships between the rank identical to legislation that I have pre- guide such investigations. The stand- and file and management. Many have viously sponsored or cosponsored. I ards and protections offered by this bill observed that the reason for these rela- first introduced this bill in 1987 as S. are modeled on the Standards for Law tions is the fact that today’s chief was 1905, and I reintroduced it in 1989 as S. Enforcement Agencies developed by yesterday’s patrol officer—just as to- 530. The actual text of the 1995 bill, and

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2050 CONGRESSIONAL RECORD — SENATE February 2, 1995 its significant principles and provi- Thus, for each affiliate, existing regu- Mr. President, congressional studies, sions, are identical to the earlier latory expertise will be applied to pro- Federal regulators, and industry lead- versions. The 1995 version, however, tect consumers, investors and tax- ers have supported comprehensive re- contains technical and conforming payers. Functional regulation will also form of the Nation’s financial system. changes to reflect the enactment of assure that competition in discrete The Treasury Department’s study, banking laws since its original intro- products and services is fair by elimi- ‘‘Modernizing the Financial System: duction, such as the Financial Institu- nating current loopholes and regu- Recommendations for Safer, More tions Reform and Recovery and En- latory gaps. Competitive Banks’’ (1991), essentially forcement Act of 1989, Public Law 101– Mr. President, I want to underscore endorsed the legislation I am intro- 73, the Federal Deposit Insurance Cor- that the DIAA would not require exist- ducing today. In the recently enacted poration Improvement Act of 1991, Pub- ing firms to alter their regulatory Riegle-Neal Interstate Banking and Ef- lic Law 102–242, and the interstate structure. By permitting financial ficiency Act of 1994 Congress directed banking and community development services providers to become FSHC’s, Treasury to conduct another study of bills of the last Congress. such providers will have the options to the Nation’s financial services system. Mr. President, I remain committed to phase gradually into, or expand within, In a letter sent to Secretary Rubin comprehensive, fair, and innovative fi- the financial services industry. today, I have strongly urged the Treas- nancial services reform. Congress must Mr. President, our country still relies ury Department to endorse and to reaf- assert its authority and meet its re- on a system of financial regulation firm the basic conclusions of its 1991 sponsibility to increase the avail- that was established in the aftermath study and to make further rec- ability of innovative financial products of the economic collapse of the 1930’s ommendations to promote competi- and services for consumers, businesses and the Great Depression. By restrict- tiveness and efficiency, and to protect and Government at the lowest possible ing competition among the various sec- the taxpayer. cost. tors of the financial services industry, Mr. President, given the broad sup- Mr. President, let me summarize the the Glass-Steagall Act of 1933, the Fed- port for comprehensive reform, why key provisions of the Depository Insti- eral securities law of that era, and the has Congress not overhauled the anti- tution Affiliation Act [DIAA]. I will Bank Holding Company Act of 1956 quated laws governing financial serv- submit a more detailed section-by-sec- sought to enhance the safety of finan- ices? Why has Congress, by default, tion explanation of the bill at the end cial instruments and intermediaries. permitted the bank regulatory agen- of my remarks. Mr. President, the past 20 years have cies and the courts to rewrite, in an ad In general, the DIAA retains and re- seen a growing competition among pro- hoc fashion, these laws? inforces the basic principles reflected viders of financial services. Banks seek Mr. President, the answer is clear. in the present framework for regula- more freedom to sell securities, mutual Congress, Federal regulators, and the tion of federally insured banks and funds and insurance. Nonbank lenders, affected industries have lacked the vi- thrifts, while permitting banks and such as brokerage and insurance firms, sion to support the comprehensive re- nonbanks to affiliate in a holding com- offer commercial loans and other fi- form reflected in this bill. We have de- pany framework. The DIAA thus pre- nancing arrangements to business. bated bank deregulation and expanded serves all the safety-and-soundness and And, finance companies and their com- bank powers. This polarizing debate conflict-of-interest protections of the mercial owners now play an increased has pitted the banks against securities present system, while providing legal role in the Nation’s financial system. firms, big banks against small banks, flexibility for a company to meet the Many financial intermediaries provide and banks against insurance agents financial needs of consumers, busi- functionally equivalent products and and real estate brokers. nesses and others by removing limita- services. Mr. President, history must not re- tions on affiliations. Mr. President, the United States peat itself. Today, as the Fed, the FDIC Mr. President, the DIAA would estab- must adopt a regulatory regime that and the Comptroller of the Currency lish a new charter alternative for all recognizes market realities and as- consider modifying their rules to per- companies interested in entering or di- sesses and controls risk. Our present mit banks, nonbank affiliates of hold- versifying in the financial services patchwork of financial laws protects ing companies and operating subsidi- field—a financial services holding com- particular industries, restrains com- aries of national banks to engage in a pany [FSHC]. The bill would permit the petition, prevents diversification that de novo or additional securities and in- merging of banking and commerce would limit risks, restricts potential surance activities, I have a sense of under carefully regulated cir- sources of capital, and undermines the deja vu. In 1987, the Competitive Equal- cumstances by allowing a FSHC to own efficient delivery of services and the ity Banking Act was passed to preserve both a depository institution and com- competitive position of our financial Congress’ ability to conduct a companies engaged in both financial and institutions in world markets. prehensive review of banking and fi- nonfinancial activities. Mr. President, the Banking Com- nancial laws, and to make decisions on Mr. President, by authorizing an al- mittee and other committees of Con- the need for financial restructuring ternative regulatory framework, the gress have already held exhaustive legislation. Congress imposed a statu- legislation would essentially exempt a hearings on the issues raised by the tory moratorium on the authority of FSHC’s subsidiaries and affiliates from DIAA and reviewed bookshelves full of bank regulators to approve certain se- those sections of the Glass-Steagall studies and blueprints for financial re- curities, insurance and real estate ac- and Bank Holding Company Acts that form. Rather than enact comprehen- tivities, 100–86. This moratorium ended restrict mixing commercial banking sive reform, Congress has thus far on March 1, 1988. with other financial—securities, in- ceded the playing field to piecemeal de- Mr. President, the Banking Com- vestment banking, and so forth—and regulation by bank regulators and the mittee closely monitors activities and nonfinancial activities—retailing, courts. We must now end this debate rulemaking of Federal bank regulators. technology, manufacturing. A FSHC and enact a legal framework that pre- With all the talk around Washington of would be able to diversify into any ac- pares our financial institutions for the regulatory moratoriums, I strongly tivity through affiliates of the holding new century and the challenges of a urge bank regulators to support our ef- company with such affiliates subject to rapidly changing global economy. forts to rewrite the laws they admin- enhanced regulation. Mr. President, the DIAA represents a ister rather than to stretch current Mr. President, the regulation of the good starting point and a sound ap- laws beyond their statutory terms or bank and nonbank affiliates of finan- proach to modernizing our financial the intent of Congress. cial services holding companies would structure. I recognize that this bill can Mr. President, our outdated regu- be along functional lines. The insured- be improved from the 1987 version, and latory regime has hurt the global com- bank affiliate would be regulated by I am specifically requesting construc- petitiveness of U.S. financial institu- Federal and State bank regulators, the tive and helpful comments to improve tions. Over the past 20 years, in part securities affiliate by the Securities and to refine the major principles un- because financial markets in Japan and and Exchange Commission, and so on. derlying the bill. Europe are less regulated than in the

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2051 United States, the number of American ful collaboration among the adminis- Immediately following the bill’s in- banks among the top 25 in the world tration, Federal and State regulators, troduction, the Banking Committee has dropped from eight to none. In an and providers and consumers of finan- will begin to examine issues relating to era of increased globalization and free cial services. I seek to sustain this bank involvement in insurance activi- trade, as illustrated by NAFTA and process and pass comprehensive finan- ties. In the end, I expect the bill to bal- GATT, we must not shackle U.S. financial services reform during this Con- ance appropriately fair competition, cial institutions with a statutory gress. functional regulation and respect for framework that responds to the policy Mr. President, history demonstrates the traditional leadership of the States concerns of the 1930’s. that financial services reform that is in insurance regulation. As the com- Mr. President, the 104th Congress not comprehensive will not be enacted. mittee proceeds to hearings and fur- must address and resolve the impor- I have previously opposed piecemeal re- ther consideration of the bill, I intend tant questions relating to the health form because such reform is not pro- to make changes and adjustments in and future of the banking industry in competitive, is inconsistent with the order to ensure fairness, safety and the broader context of a financial sys- objective of ‘‘competitive equality’’ ar- soundness, consumer protection, and tem that is increasingly composed of ticulated by Congress in 1987 and the effective and efficient regulation, par- nonbank financial service providers. Treasury’s 1991 study, and will not ad- ticularly as it relates to insurance and We must focus on the needs of our vance the long-term interests of the other financial products. economy for credit and growth in the banking industry or the United States. Mr. President, I introduce the Depos- future and the next century. We must Mr. President, the DIAA will make itory Institution Affiliation Act as a focus on financial stability, safety and the financial system as a whole safer prelude to a vigorous debate about the soundness, fair competition, and func- and more stable. Rather than debate future of our financial system. I tional regulation of all financial serv- the important but narrow issue of the strongly believe that this Congress can ice providers—whether they are banks, future of the banking franchise and the achieve the passage of a comprehensive investment banks, insurance compa- role of banks in the economy and at- financial services reform bill. By work- nies, finance companies or even tele- tempt to gerrymander markets ing together, the Congress and the ad- communications or computer compa- through piecemeal legislation to pro- ministration can overcome the com- nies. tect any single component, Congress plaints of vested interests and reform Mr. President, we must live up to the must enact comprehensive legislation. our antiquated financial services laws. challenge. In recent years, Congress Only comprehensive legislation will We should not miss this opportunity has responded quickly and effectively produce beneficial changes for all fi- for constructive bipartisanship. to correct deficiencies or excesses in nancial intermediaries by: Mr. President, I ask unanimous con- the financial system. In the face of Permitting financial intermedi- sent that more detailed section-by-sec- problems created by stock market aries—commercial banks, investment tion summary of the bill and a copy of breaks, depleted deposit insurance banks, thrifts, et cetera—to attract my letter to Secretary Rubin be refunds, or credit crunches, we have ad- capital by eliminating existing restric- printed in the RECORD. dressed serious financial crises. In the tions on ownership by and affiliations There being no objection, the mate- process, Congress has prudently among depository and nondepository rial was ordered to be printed in the learned that statutory provisions firms; RECORD, as follows: adopted in the 1930’s can aggravate and Facilitating diversification and as- DEPOSITORY INSTITUTION AFFILIATION ACT— actually create problems for depository suring fair competition by creating a SECTION-BY-SECTION ANALYSIS institution and other financial pro- new category of financial service hold- Section 1: Short Title and table of con- viders in the 1980’s and 1990’s—for ex- ing companies authorized to engage in tents. ample, interest rate controls, restric- any financial activity through sepa- Section 1 provides that this Act be cited as tions on interstate banking, portfolio rately regulated subsidiaries; the ‘‘Depository Institution Affiliation Act’’. concentrations, and statutory impedi- Insulating insured subsidiaries from Section 2: Findings and Purpose. ments to diversification. Congress has The purpose of this Act is to promote the the more risky business activities of safety and soundness of the nation’s finan- eliminated or modified many of these other affiliates as well as the parent cial system, to increase the availability of fi- provisions of law in the past decade for holding company; nancial products and services to consumers, banks and thrifts. The homogenization Enhancing substantially the quality businesses, charitable institutions and gov- of financial service and globalization of and effectiveness of regulation through ernment in an efficient and cost effective markets has also necessitated the close functional regulation; manner. In addition, this Act aims to pro- coordination by discrete regulators, Improving coordination and super- mote a legal structure governing providers of nationally and internationally, vision of the overall financial system financial services that permits open and fair through informal mechanisms, such as by permitting more effective analysis competition and affords all financial services companies equal opportunity to serve the the Treasury Department’s Working and monitoring of aggregate stability full range of credit and financial needs in the Group and the so-called Basle Com- and vulnerability to severe disruptions marketplace. This Act also aims to ensure mittee. In recent years, in FIRREA and and breakdown; and that domestic financial institutions and FIDICA, Congress has also employed Removing unnecessary barriers to companies are able to compete effectively in market-oriented substitutes for direct competition between providers of fi- international financial markets. Finally, government regulation, such as indus- nancial service in the United States in this Act aims to regulate financial activities try developed codes of conduct, capital order to maintain the preeminence of and companies along functional lines with- strength, internal controls, manage- the U.S. capital markets and U.S. fi- out regard to ownership, control, or affiliation. ment information systems and man- nancial intermediaries and to respond agement experience. to growing competition from foreign TITLE I—CREATION AND CONTROL OF FINANCIAL SERVICES HOLDING COMPANIES Mr. President, Congress must mod- companies. ernize the restrictions on affiliations Mr. President, this legislation, as in- Section 101. This section creates a new type of financial company, a Financial Serv- found in the Glass-Steagall and Bank troduced, is not intended to force ices Holding Company, and sets out the Holding Company Acts. I introduce major changes in the insurance indus- terms and conditions under which such a this bill today, and make these exten- try. Nevertheless, it will affect issues company can be established and must be op- sive remarks, to underscore the critical important to the insurance agents, in- erated. national importance of modernizing surance companies, and financial insti- Subsection (a) Definitions. This subsection our financial system. Last year, Con- tutions engaged in insurance activities. defines terms used in this section. gress was finally able to eliminate bar- The exact impact of the legislation on Paragraph (a)(1) Financial Services Hold- riers to interstate banking, to facili- the relationship between banking and ing Company (FSHC)—defines a FSHC to be any company that files a notice with the Na- tate the securitization of small busi- insurance will continue to be exam- tional Financial Services Committee (see ness loans, and to prune outdated and ined—especially the issues raised by Title II of this Act) that it intends to comply burdensome regulatory requirements. traditional State regulation of the with the provisions of this section, and con- Those bills were the result of a success- business of insurance. trols an insured depository institution, or,

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2052 CONGRESSIONAL RECORD — SENATE February 2, 1995 either (i) has, within the preceding 12 Paragraph (a)(11) Well Capitalized—the securities issue underwritten or distributed months filed a notice under subsection (b) of term ‘well capitalized’ with respect to an in- by a securities affiliate of that FSHC. this section to establish or acquire control of sured depository institution has the meaning Paragraph (c)(8) Activities During Securi- a federally insured depository institution or given to it in section 38(b)(1) of the Federal ties Distribution—prohibits insured deposi- a company owning such a federally insured Deposit Insurance Act. tory institutions controlled by a FSHC from depository institution, or (ii) controls a com- Paragraph (a)(12) Minimum Required Cap- extending credit secured by or for the pur- pany which, within the preceding 12 months, ital—defines the term ‘minimum required poses of purchasing any security during an has filed an application for federal deposit capital’ with respect to an insured deposi- underwriting period or for 30 days thereafter insurance, provided that such notice or ap- tory institution as the amount of capital where a securities affiliate or such institu- plication has not been disapproved by the ap- that is required to be adequately capitalized. tion participates as an underwriter or mem- propriate Federal banking agency or with- Paragraph (a)(13) Domestic Branch—gives ber of a selling group. drawn. Any bank holding company which the term ‘domestic branch’ the same mean- elects to become a FSHC will lose its status ing as in section 3(o) of the Federal Deposit Paragraph (c)(9) Extensions of Credit for as a bank holding company immediately Insurance Act. Payment of Dividends—prohibits insured de- upon filing the notice of its election to be- Subsection (b): Changes in Control of In- pository institutions controlled by a FSHC come a FSHC. Similarly, a savings and loan sured Depository Institutions. This sub- from extending credit to an issuer of securi- holding company that elects to become a section provides that any FSHC wishing to ties underwritten by a securities affiliate for FSHC will lose that status upon filing the acquire control of an insured depository in- the purpose of paying the principal of those notice of its election to become a FSHC. stitution or company owning such insured securities or interest for dividends on those Paragraph (a)(2) Bank Holding Company— depository institution must comply with the securities. gives the term ‘‘bank holding company’’ the requirements of the Change in Bank Control Paragraph (c)(10) Securities Affiliate De- meaning given to it in section 2(a) of the Act. Failure to comply with these require- fined—defines ‘securities affiliate’ for the Bank Holding Company Act of 1956, as ments will subject the relevant FSHC to the purposes of paragraphs (c)(5) through (c)(9) amended. penalties and procedures provided in sub- as a company that engages in underwriting, Paragraph (a)(3) Savings and Loan Holding sections (i) through (m) of this section, in distributing or dealing in securities, except Company—gives the term ‘‘savings and loan addition to otherwise applicable penalties. insurance products. holding company’’ the meaning given to it in Subsection (c): Affiliate Transactions. This Subsection (d): Capitalization. This subsection 10(a) of the Home Owners’ Loan Act. subsection empowers each AFBA to impose section regulates the capitalization of in- Paragraph (a)(4) Affiliate—defines for this restrictions on affiliate transactions to pro- sured depository institutions that are con- section, except paragraph (5) of subsection hibit unsafe or unsound practices. These reg- trolled by a FSHC. (f), the term ‘‘affiliate’’ of a company as any ulations would be in addition to the restric- Paragraph (d)(1) In General—requires that company which controls, is controlled by, or tions on interaffiliate transactions provided is under common control with such a com- insured depository institutions controlled by for under sections 23A or 23B of the Federal a FSHC be well capitalized. pany. Reserve Act. This subsection gives each Paragraph (a)(5) Appropriate Federal AFBA some flexibility to promulgate and Paragraph (d)(2) Actions by Federal Regu- Banking Agency (AFBA)—gives the term adapt rules and regulations in response to lators—Provides that if the AFBA finds that ‘‘appropriate Federal banking agency’’ the changing market conditions so that the an insured depository institution subsidiary meaning given to it in section 3 of the Fed- AFBA has at all times the capability to pre- of a FSHC is not well capitalized, the FSHC eral Deposit Insurance Act. vent insured depository institutions under shall have thirty days to reach an agreement Paragraph (a)(6) Depository Institution its supervision that are controlled by FSHCs without the AFBA concerning how and ac- and Insured Depository Institution—gives from engaging in transactions that would cording to what schedule the insured deposi- the term ‘‘depository institution’’ and ‘‘in- compromise the safety and soundness of such tory institution will bring its minimum cap- sured depository institution’’ the meaning insured depository institutions or that would ital back into conformance with require- given to them in section 3 of the Federal De- jeopardize the deposit insurance funds. ments. During that time the insured deposi- posit Insurance Act. Moreover, other provisions of this Act as- tory institution shall operate under the close Paragraph (a)(7) State—gives the term supervision of the AFBA. ‘‘State’’ the meaning given to it in section 3 sure that the AFBA will have the capability In the event that the FSHC does not reach of the Federal Deposit Insurance Act. to enforce these regulations vigorously (sub- Paragraph (a)(8) Company—defines the section (i) of this section) and that any vio- an agreement within thirty days with the term ‘‘company’’ to mean any corporation, lations of these regulations will be more se- AFBA on how and according to what sched- partnership, business trust, association or verely punished than violations of regula- ule the capital of the insured depository in- similar organization. However, corporations tions applicable to insured depository insti- stitution will be replenished, the FSHC will that are majority owned by the United tutions that are not controlled by FSHCs be required to divest the insured depository States or any State are excluded from the (subsections (i), (j), (k) and (l) of this sec- institution in an orderly manner within a pe- definition of company. tion). riod of six months, or such additional period Paragraph (a)(9) Control—defines control Paragraph (c)(2) Regulatory Activity—proof time as the AFBA may determine is rea- by one company over another. For purposes vides that any rules adopted under subpara- sonably required in order to effect such di- of this section, the term ‘‘control’’ means graph (c)(1)(A) shall be issued in accordance vestiture. the power, directly or indirectly, to direct with normal rulemaking procedures and Paragraph (d)(3) Capital of Holding Com- the management or policies of a company, or shall afford interested parties the oppor- pany—Prohibits a AFBA from imposing any to vote 25% or more of any class of voting se- tunity to comment in writing and orally on capital requirement on a FSHC. any proposed rule. curities of a company. Subsection (e): Interstate Acquisitions and Paragraph (c)(3) Application to Prior Ap- There are three exceptions from the defini- Activities of Insured Depository Institu- proved Transactions—grandfathers inter- tion of control: These pertain to ownership tions. This subsection subjects interstate ac- affiliate transactions specifically approved of voting securities acquired or held: quisitions of an insured depository institu- by a AFBA prior to the enactment of this 1. as agent, trustee or in some other fidu- tion by a FSHC to the same restrictions as Act. ciary capacity; those applicable to bank holding companies 2. as underwriter for such a period of time Paragraph (c)(4) Federal Reserve Act under section 3(d) of the Bank Holding Com- as will permit the sale of these securities on Treatment—makes it clear that sections 23A pany Act of 1956, as amended, and it subjects a reasonable basis; or in connection with or and 23B of the Federal Reserve Act will interstate acquisitions of savings associa- incidental to market making, dealing, trad- apply to every insured depository institution tions by a FSHC to the same restrictions as ing, brokerage or other securities-related ac- controlled by a financial services holding those applicable to savings and loan holding tivities, provided that such shares are not company. companies. It also treats a FSHC as a BHC acquired with a view toward acquiring, exer- Paragraphs (c) (5) and (6) Limitations and for purposes of Section 18(r) of the Federal cising or transferring control of the manage- Exception—prohibits any insured depository Deposit Insurance Act regarding affiliate de- ment or policies of the company; institution controlled by a FSHC from ex- 3. for the purpose of securing or collection tending credit to or purchasing the assets of pository institution agency activities. of a prior debt until two years after the date a securities affiliate and providing other Subsection (f): Differential Treatment Pro- of the acquisition; and types of financial support to that FSHC’s se- hibition; Laws Inconsistent with this Act. In addition, no company formed for the curities affiliate except for daylight over- This subsection does two things. First, it sole purpose of proxy solicitation shall be drafts that relate to U.S. Government securi- prohibits adversely differential treatment of deemed to be in control of another company ties transactions if the daylight overdrafts FSHCs and their affiliates, including their by virtue of its acquisition of the voting are fully collateralized by U.S. Government insured depository institution affiliates, ex- rights of the other company’s securities. securities as to principal and interest. cept as this Act specifically provides. Sec- Paragraph (a)(10) Adequately Capi- Paragraph (c)(7) Limitation on Certain ond, this subsection ensures that state and talized—the term ‘adequately capitalized’ Marketability Activities—prohibits insured federal initiatives do not undermine achieve- with respect to an insured depository insti- depository institutions controlled by a FSHC ment of the purposes of this Act. Whether tution has the meaning given to it in section from providing any type of guarantee for the couched as affiliation, licensing or agency 38(b)(1) of the Federal Deposit Insurance Act. purpose of enhancing the marketability of a restrictions or as constraints on access to

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2053 state courts, such laws effectively perpet- depository institution may engage, those ac- other affiliates. Note, however, that these uate market barriers and deny consumers tivities cannot constitute the establishment tying provisions do not apply to products the opportunity to choose between different or operation of a ‘‘domestic branch’’ at any and services that do not involve an insured financial products and services. location other than the main or branch of- depository institution. The insider lending Paragraph (f)(1) this paragraph specifically fices of the depository institution. provisions severely limit loans by an insured prohibits states from enacting laws that dis- Paragraph (f)(5) Definitions—contains a depository institution to officers and direc- criminate against FSHCs or against their af- special definition of ‘‘affiliate’’ and ‘‘con- tors of the insured depository institution. filiates, including their insured depository trol’’ for purposes of paragraph (2) through For purposes of both provisions, the AFBA institution affiliates. This paragraph also (4) this subsection only. Control is deemed to will exercise the rulemaking authority vest- prohibits, notwithstanding any other federal occur where a person or entity owns or has ed in the Federal Reserve with regard to law, federal and state regulatory agencies the power to vote 10% of the voting securi- these limitations. from discriminating by rule, regulation, ties of another entity or where a person or Subsection (i): Examination and Enforce- order or any other means against FSHCs or entity directly or indirectly determines the ment. This subsection provides that the against their affiliates, including their in- management or policies of another entity or AFBA shall use its examination and super- sured depository institution affiliates, ex- person. Unlike the definition of affiliate set vision authority to enforce the provisions of cept as this Act specifically provides. This is forth in paragraph (4) of subsection (a), this this section, including any rules and regula- intended to assure that the primary purpose definition encompasses not only corporate tions promulgated under subsection (c). In of this Act—the enhancement of competition affiliations but affiliations between corpora- particular, it is intended that each AFBA in the depository institution sector—will be tions and individuals. should structure its examination process so fulfilled. Subsection (g): Securities, Insurance and as to uncover possible violations of the pro- Paragraph (f)(2) Application of State Real Estate Activities of Insured Depository visions of this section and that the agency Laws—this subsection recognizes that cer- Institutions. In order to facilitate functional should not hesitate to make full use of its tain State affiliation and licensing laws re- regulation of the activities of FSHCs this cease-and-desist powers or to impose as war- strain legitimate competition in interstate section prohibits insured depository institu- ranted the special penalties discussed below, commerce, deny consumers freedom of tions controlled by FSHCs from conducting if it believes that an insured depository in- choice in selecting an insured depository in- certain securities, insurance and real estate stitution under its supervision that is constitution and threaten the long-term safety activities currently permissible for some in- trolled by a FSHC is in violation of any of and soundness of insured depository institu- sured depository institutions. the provisions of this section. tions by limiting their access to capital. Subparagraph (g)(1)(A) Securities Activi- This subsection also grants the AFBA au- Accordingly, with the exception of certain ties—provides that no insured depository in- thority to examine any other affiliate of the laws related to insurance and real estate bro- stitution controlled by a FSHC shall directly FSHC as well as the FSHC itself in order to kerage which are treated in Subsection (g), engage in dealing in or underwriting securi- ensure compliance with the limitations of this paragraph preempts any provision of ties, or purchasing or selling securities as this section or other provisions of law made federal or state law, rule, regulation or order agent, except to the extent such activities applicable by this section such as sections that is expressly or impliedly inconsistent are performed with regard to obligations of 23A and 23B of the Federal Reserve Act. with the provisions of this section. The pre- the United States or are the type of activi- In addition, this subsection grants each empted statutes include state banking, sav- ties that could be performed by a national AFBA the right to apply to the appropriate ings and loan, securities, finance company, bank’s trust department. district court of the United States for a tem- retail or other laws which restrict the affili- Subparagraph (g)(1)(B) Insurance Activi- porary or permanent injunction or a re- ation of insured depository institutions or ties—provides that no insured depository in- straining order to enjoin any person or com- their owners, agents, principals, brokers, di- stitution controlled by a FSHC shall directly pany from violation of the provisions of this rectors, officers, employees or other rep- engage in insurance underwriting. section or any regulation prescribed under resentatives with other firms. Similarly, Subparagraph (g)(1)(C) Real Estate Activi- this section. The AFBA may seek such an in- laws prohibiting cross marketing of products ties—provides that no insured depository injunction or restraining order whenever it and services are preempted insofar as such stitution controlled by a FSHC shall directly considers that an insured depository institu- cross marketing activities are conducted by engage in real estate investment or develop- tion under its supervision or any FSHC con- FSHCs, their affiliates, or by any agent, ment except insofar as these activities are trolling such an insured depository institu- principal, broker, director, officer, employee incidental to the insured depository institution is violating, has violated or is about to or other representative. By contrast, non- tion’s investment in or operation of its own violate any provision of this section or any discriminatory state approval, examination, premises, result from foreclosure on collat- regulation prescribed under this section. In supervisory, regulatory, reporting, licensing, eral securing a loan, or are the type of ac- seeking such an injunction or restraining and similar requirements are not affected. tivities that could be performed by a na- order the AFBA may also request such equi- Paragraph (f)(3) Laws Affecting Court Ac- tional bank’s trust department. table relief as may be necessary to prevent tions—removes a common uncertainty under Paragraph (g)(2) Construction—clarifies the violation in question. This relief may in- state licensing and qualification to do busi- that nothing in this subsection shall be conclude a requirement that the FSHC divest ness statutes, which leaves an out-of-state strued to prohibit or impede a FSHC or any itself of control of the insured depository in- insured depository institution’s access to an- of its affiliates (other than an insured depos- stitution, if this is the only way in which the other state’s courts unresolved. Under this itory institution) from engaging in any of violation can be prevented. provision, so long as such an insured deposi- the activities set forth in paragraph (1) or to This injunctive power will enable the tory institution limits its activities to those prohibit an employee of an insured deposi- AFBA to move speedily to stop practices which do not constitute the establishment or tory institution that is an affiliate of a that it believes endanger the safety and operation of a ‘‘domestic branch’’ of an in- FSHC from offering or marketing products soundness of an insured depository institu- sured depository institution in that other or services of an affiliate of such an insured tion under its supervision that is controlled state, it can qualify to maintain or defend in depository institution as set forth in para- by a FSHC. If necessary to protect the de- that state’s court any action which could be graph (1). positors and safeguard the deposit insurance maintained or defended by a company which Paragraph (g)(3) De Novo Securities and funds, the AFBA may request that the in- is not an insured depository institution and Real Estate Activities—except for activities junction proceedings be held in camera, so as is not located in that state, subject to the permitted under Section 4(c)(8) of the Bank not to provoke a run on the insured deposi- same filing, fee and other conditions as may Holding Company Act no FSHC can engage tory institution. be imposed on such a company. This para- in insurance or real estate activities de novo. Subsection (j): Divestiture. This subsection graph is not intended to grant states any Rather, they would have to purchase either states that an AFBA may require a FSHC to power that they do not currently have to an insurance agency or real estate brokerage divest itself of an insured depository institu- regulate the activities of out-of-state in- business which had been in business for at tion, if the agency finds that the insured de- sured depository institutions. least two years prior to passage of the Act. pository institution is engaging in a con- Paragraph (f)(4) Other Restrictions—makes Paragraph (g)(4) Existing Contracts—pro- tinuing course of action involving the FSHC clear that a state, except subject to the provides that nothing in this subsection will re- or any of its affiliates that would endanger visions of this Act, may not impede or pre- quire the breach of a contract entered into the safety and soundness of that insured de- vent any insured depository institution af- prior to enactment of this Act. pository institution. Although the FSHC filiated with a FSHC or any FSHC or affil- Subsection (h): Tying and Insider Lender would have the right to a hearing and to ju- iate thereof from marketing products and Provisions. This section subjects FSHCs to dicial review and have one year in which to services in that state by utilizing and com- the tying provisions of section 106 of the divest the insured depository institution, it pensating its agents, solicitors, brokers, em- Bank Holding Company Act Amendments of should be emphasized that the insured depos- ployees and other persons located in that 1970 and to the insider lending prohibitions itory institution would operate under the state and representing such a insured deposi- of section 22(h) of the Federal Reserve Act. close supervision of the AFBA from the date tory institution, company, or affiliate. How- These sections prohibit tying between prod- of the initial order until the date the divesti- ever, to the extent such persons are per- ucts and services offered by insured deposi- ture is completed. This is intended to safe- forming loan origination, deposit solicita- tory institutions and products and services guard the insured depository institution in tion or other activities in which an insured offered by the FSHC itself or by any of its question,

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2054 CONGRESSIONAL RECORD — SENATE February 2, 1995 its depositors and the deposit insurance credit to affiliates. Contrary to its original occur. The Committee comprises all federal funds. purpose, the provision may also be literally agencies responsible for regulating financial Subsection (k): Criminal Penalties. This read to restrict a bona fide loan or extension institutions or financial activities, and it is subsection provides for criminal penalties of credit to a third party who happens to use structured to allow state regulators to par- for knowing and willful violations of the pro- the proceeds to purchase goods or services ticipate in its deliberations. visions of this section, even if these viola- from an affiliate of the insured depository The Committee consists of the Chairman tions do not result in an initial or final order institution; such a loan could occur, for ex- of the Secretary of the Treasury, who is also requiring divestiture of the insured deposi- ample, if a customer happens to use a credit the Chairman of the Committee, the Chair- tory institution. For companies found to be card issued by an insured depository institu- man of the Board of Governors of the Federal in violation of the provisions of this section tion to buy an item sold by the insured de- Reserve System, the Chairman of the FDIC, the maximum penalty shall be the greater of pository institution’s affiliates. This section the Director of the Office of Thrift Super- (a) $250,000 per day for each day that the vio- clarifies that such loans and extensions of vision, the Comptroller of the Currency, the lation continues or (b) one percent of the credit are not covered by section 23A as long Secretary of Commerce, the Attorney Gen- minimum required capital of the insured de- as (i) the insured depository institution ap- eral, the Chairman of the SEC, and the pository institution per day for each day proves them in accordance with substan- Chairman of the CFTC. that the violation continues, up to a max- tially the same standards and procedures and The Committee is directed to report to imum of 10% of the minimum capital of the on substantially the same terms that it ap- Congress within one year of enactment of insured depository institution—a fine that plies to similar loans or extensions of credit this Act on proposed legislative or regu- could amount to tens of millions of dollars that do not involve the payment of the pro- latory actions that will improve the exam- for a large insured depository institution. ceeds to an affiliate, and (ii) the loans or ex- ination process to permit better oversight of Such a fine is designed to be large enough to tensions of credit are not made for the pur- all insured depository institutions. It is also deter even larger insured depository institu- pose of evading any requirement of section directed to establish uniform principles and tions from violating the provisions of this 23A. standards for examinations. section. Section 104: Amendments to the Banking For individuals found to be in violation of Act of 1933. U.S. SENATE, COMMITTEE ON BANK- the provisions of this section the penalty Subsection (a) Section 20—amends section ING, HOUSING, AND URBAN AF- shall be a fine and/or a prison term. The 20 of the Glass-Steagall Act so that it does FAIRS, maximum fine shall be the greater of (a) not apply to member banks that are con- Washington, DC, February 2, 1995. $250,000 or (b) twice the individual’s annual trolled by FSHCs. Hon. ROBERT RUBIN, rate of total compensation at the time the Subsection (b) Section 32—amends section Secretary, Department of Treasury, Wash- violation occurred. The maximum prison 32 of the Glass-Steagall Act so that it does ington, DC. sentence shall be one year. In addition, indi- not apply to officers, directors and employ- DEAR MR. SECRETARY: The Treasury De- viduals violating the provisions of this sec- ees of affiliates of a single financial services partment in conducting a study of the finan- tion will also be subject to the penalties pro- holding company. cial services system required by the Inter- vided for in Section 1005 of Title 18 for false Section 105: Amendment to the Federal De- state Banking and Branching Efficiency Act entries in any book, report or statement to posit Insurance Act. This section amends the of 1994 (P.L. 103–328). The Department must the extent that the violation included such Change in Bank Control Act to provide that submit recommendations to Congress for false entries. an acquisition of a FSHC controlling an in- ‘‘changes in statutes, regulations, and poli- A FSHC and its affiliates shall also be sub- sured depository institution may only be ac- cies to improve the operation of the finan- ject to the Criminal penalties provisions of complished after complying with that Act’s cial service system’’ by the end of 1995. the Financial Institutions Reform, Recovery procedures. It also modifies the definition of I introduced today the ‘‘Depository Insti- and Enforcement Act of 1989 and the Com- ‘‘control’’ to conform it to the definition in tution Affiliation Act of 1995’’ (‘‘DIAA’’) and prehensive Thrift and Bank Fraud Prosecu- section 101(a)(9) of this Act. urge you to consider it carefully as the tion and Taxpayer Recovery Act of 1990 to Section 106: Amendment to the Securities Treasury Department conducts its study. the same extent as a registered bank holding Exchange Act of 1934. This section amends The bill and a summary of its major provi- company, savings and loan holding company the Securities Exchange Act of 1934 to pro- sions are enclosed. or any affiliate of such companies. vide for the registration and regulation of Subsection (1): Civil Enforcement, Cease- The DIAA would allow any company—fi- Broker Dealers affiliated with a FSHC. nancial or commercial—to become a finan- and-Desist Orders, Civil Money Penalties. Section 107: Amendment to the Home Own- cial services holding company and be affili- This subsection provides for civil enforce- ers’ Loan Act. This section amends section ated with an insured depository institution. ment, cease-and-desist orders and civil 11 of the Home Owners’ Loan Act in order to A company that opts into the alternative money penalties consistent with subsections apply Section 101(c)(1)(B) of this section to regulatory format could engage in an ex- (b) and (s) and subsection (u) of Section 8 of savings associations. panded range of activities with and through the Federal Deposit Insurance Act for FSHCs Section 108: Amendment to the Commu- its depository institution and other affili- that violates the provisions of this section in nity Reinvestment Act. This section amends ates. Non-depository financial and/or com- the same manner as they apply to an insured the Community Reinvestment Act to make mercial activities would be conducted depository institution. it applicable to acquisitions of insured de- through separately capitalized subsidiaries Subsection (m): Civil money Penalties. pository institutions by FSHCs. and regulated along functional lines. This This subsection grants the AFBA the power Section 106: Amendment to the Securities separation of the non-depository institution to impose and collect civil money penalties Exchange Act of 1934. This section amends properly insulates the depository institution after providing the company or person ac- the Securities Exchange Act of 1934 to pro- from self-dealing and other inappropriate cused of such violation notice and the oppor- vide for the registration and regulation of practices and serves to protect the deposit tunity to object in writing to its finding. Broker Dealers. insurance system. Subsection (n): Judicial Review. This sub- Section 107: Amendment to the Home Own- The legislation is a rational legislative re- section provides for judicial review of deci- ers’ Loan Act. This section amends section sponse to the need for comprehensive finan- sions reached by an AFBA under the provi- 11 of the Home Owners’ Loan Act in order to cial services reform. Moreover, the Treasury sions of this section. This right to review in- apply Section 101(c)(1)(B) of this section to Department’s 1991 study, Modernizing the Fi- cludes a right of judicial review of statutes, savings associations. nancial System: Recommendations for Safer rules, regulations, orders and other actions Section 108: Amendment to the Commu- More Competitive Banks, essentially endorsed that would discriminate against FSHCs or nity Reinvestment Act. This section amends the principles contained in the DIAA. affiliates controlled by such companies. the Community Reinvestment Act to make Section 102: Amendment to the Bank Hold- it applicable to acquisitions of insured de- In formulating Treasury’s proposal for fi- ing Company Act of 1956. This section con- pository institutions by FSHCs. nancial services restructuring, I urge you to tains a conforming amendment to the defini- consider and support the DIAA and the cre- tion of the term ‘‘bank’’ in the Bank Holding TITLE II—SUPERVISORY IMPROVEMENTS ation of financial services holding compa- Company Act to ensure that a FSHC owning Section 201: National Financial Services nies. an insured depository institution will be reg- Committee. This section establishes a stand- Sincerely, ulated under this Act rather than the Bank ing committee, the National Financial Serv- ALFONSE M. D’AMATO, Holding Company Act. ices Oversight Committee (Committee), in Chairman.∑ Section 103: Amendments to the Federal order to provide a forum in which federal and Reserve Act. This section clarifies the appli- state regulators can reach a consensus re- By Mr. DASCHLE (for himself, cation of Section 23A of the Federal Reserve garding how the regulation of insured deposi- Mr. ROCKEFELLER, Mr. AKAKA, Act to certain loans and extensions of credit tory institutions should evolve in response Mr. KERREY, Mr. DORGAN, and to persons who are not affiliated with a to changing market conditions. In addition, member bank. Section 23A contains a provi- the Committee also provides a mechanism Mr. CAMPBELL): sion that was intended to prevent the use of through which various federal regulatory S. 338. A bill to amend title 38, ‘‘straw man’’ intermediaries to evade section agencies could coordinate their responses to United States Code, to extend the pe- 23A’s limitations on loans and extensions of a financial crisis, if such a crisis were to riod of

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2055 eligibility for inpatient care for vet- provide care to veterans exposed to (C) by adding at the end the following new erans exposed to toxic substances, radi- agent orange or ionizing radiation. subparagraphs: ation, or environmental hazards, to ex- Since that time, Congress has approved ‘‘(E) during the period before December 31, tend the period of eligibility for out- short extensions of this authority on 2003, for any disability in the case of a vet- patient care for veterans exposed to four different occasions. For veterans, eran who served on active duty in the Repub- such substances or hazards during serv- this has meant great uncertainty about lic of Vietnam during the Vietnam era and ice in the Persian Gulf, and to expand whether they will receive much-needed who the Secretary finds may have been ex- the eligibility of veterans exposed to health care. A longer extension will posed during such service to dioxin or was exposed during such service to a toxic sub- toxic substances or radiation for out- help alleviate this uncertainty. stance found in a herbicide or defoliant used patient care; to the Committee on Vet- Moreover, scientists cannot provide in connection with military purposes during erans’ Affairs. us with quick answers as to why gulf such era, notwithstanding that there is in- THE VETERANS’ OUTPATIENT CARE ACT OF 1995 war veterans are sick. And in the sufficient medical evidence to conclude that Mr. DASCHLE. Mr. President, today meantime, these men and women will the disability may be associated with such I am introducing legislation that will continue to suffer. They need to know exposure; and provide much needed medical care to that a grateful nation will help them ‘‘(F) during the period before December 31, veterans exposed to agent orange or through this difficult time. 2003, for any disability in the case of a vet- ionizing radiation, as well as to vet- I should stress that this authority to eran who the Secretary finds was exposed erans exposed to toxic substances or provide care only applies to medical while serving on active duty to ionizing radi- environmental hazards during the Per- conditions that are related or may be ation from the detonation of a nuclear device sian Gulf war. I am joined in this effort related to agent orange, ionizing radi- in connection with such veteran’s participa- ation, or gulf war exposures. It does tion in the test of such a device or with the by Senators ROCKEFELLER, AKAKA, American occupation of Hiroshima and Na- KERREY, DORGAN, and CAMPBELL. not extend to conditions for which VA doctors have affirmatively identified gasaki, Japan, during the period beginning Most Americans have heard about on September 11, 1945, and ending on July 1, the mysterious illnesses afflicting other causes. 1946, notwithstanding that there is insuffi- thousands of gulf war veterans. Even My bill does go one step further than cient medical evidence to conclude that the though it has been almost 4 years since a simple extension of current law. It disability may be associated with such expo- most of our troops returned home, we also ensures that veterans exposed to sure.’’; and are still unable to pinpoint the cause agent orange and ionizing radiation are (2) in paragraph (7)— or causes of these illnesses. eligible for the same range of medical services currently available to gulf war (A) by striking out ‘‘under paragraph Are these illnesses service-con- (1)(D)’’ and inserting in lieu thereof ‘‘under nected? I believe so, though we will not veterans. Specifically, the bill author- subparagraph (D), (E), or (F) of paragraph (1) be able to answer that question fully izes the VA to provide outpatient care of this subsection’’; and until further scientific research is for these veterans—care that could very well save money in the long run (B) by striking out ‘‘in that paragraph’’ done. Indeed, it is possible that sci- and inserting in lieu thereof ‘‘in the applica- entists may never be able to discover by avoiding the need for more costly ble subparagraph’’. the true cause(s) of these illnesses. inpatient care. Veterans who are ill because of toxic Does that mean gulf war veterans By Mr. DOMENICI (for himself should wait for medical care until we exposures during military service are and Mr. BINGAMAN): know for sure that their ailments are as deserving of VA medical care as service-connected? Certainly not. their comrades injured by bullets or S. 339. A bill to ensure the provision These men and women put their lives landmines. I hope that my colleagues of appropriate compensation for the on the line for this Nation, and they will join me in preserving their access real and mining claims taken by the deserve quality care from the Depart- to such care. United States as a result of the estab- ment of Veterans Affairs. Mr. President, I ask unanimous con- lishment of the White Sands Missile Likewise, we must not forget that sent that the text of the bill be printed Range, New Mexico; to the Committee other veterans continue to suffer from in the RECORD. on Armed Services. illnesses potentially caused by toxic There being no objection, the bill was ordered to be printed in the RECORD, as THE WHITE SANDS FAIR COMPENSATION ACT OF exposures during their military serv- 1995 ice. Specifically, I am referring to vet- follows: erans exposed to the defoliant agent or- S. 338 ∑ Mr. DOMENICI. Mr. President, on be- ange during the Vietnam war and to Be it enacted by the Senate and House of Rep- half of Senator BINGAMAN and myself, I veterans exposed to ionizing radiation resentatives of the United States of America in am offering legislation that will com- either as a result of participation in Congress assembled, pensate a very special group of Ameri- the military’s nuclear testing program SECTION 1. EXTENSION OF PERIOD OF ELIGI- cans: a group of patriots who heard the BILITY FOR INPATIENT CARE. call to arms in 1941, answered that call, or during the occupation of Hiroshima (a) CARE FOR EXPOSURE TO TOXIC SUB- and Nagaski during World War II. STANCES AND IONIZING RADIATION.—Section and entered into a good faith effort Title 38 of the United States Code 1710(e)(3) of title 38, United States Code, is with our Government. Unfortunately, currently authorizes the Department of amended by striking out ‘‘June 30, 1995,’’ and it was a good faith effort that turned Veterans Affairs to provide hospital inserting in lieu thereof ‘‘December 31, sour. This bill, the White Sands Fair and nursing home care to veterans suf- 2003,’’. Compensation Act of 1995, is offered in (b) CARE FOR EXPOSURE DURING PERSIAN fering from agent orange, radiation or an effort to right some wrong that GULF SERVICE.—Such section is further gulf war exposures. For veterans of the amended by striking out ‘‘December 31, 1995’’ began over 50 years ago. gulf war, outpatient services are also and inserting in lieu thereof ‘‘December 31, On September 1, 1939, a chain of available. 2003’’. events began to unfold that would af- However, this authority is scheduled SEC. 2. EXTENSION AND EXPANSION OF ELIGI- fect Americans from coast to coast. I to expire this year. Without prompt ac- BILITY FOR OUTPATIENT CARE. am speaking, of course, of the outbreak (a) EXTENSION OF ELIGIBILITY FOR EXPO- tion by Congress, these veterans will of World War II. Americans made con- become ineligible to receive care at VA SURE DURING PERSIAN GULF SERVICE.—Para- graph (1)(D) of section 1712(a) of title 38, cessions to support the war effort and facilities for all conditions potentially United States Code, is amended by striking they willingly made extreme sac- related to these exposures. out ‘‘December 31, 1995,’’ and inserting in rifices—sacrifices of time, loved ones, My bill will ensure that these vet- lieu thereof ‘‘December 31, 2003,’’. and—for some—their homes and their erans are eligible for VA medical care (b) EXPANSION OF ELIGIBILITY TO COVER way of life. through December 31, 2003. Although TOXIC SUBSTANCES AND IONIZING RADIATION.— some may argue for a shorter exten- Such section is further amended— In 1942, President Roosevelt signed sion, I believe the period must be long (1) in paragraph (1)— an executive order that would tempo- (A) by striking out ‘‘and’’ at the end of rarily withdraw all public lands and ac- enough to ensure that these veterans subparagraph (C); get the care they deserve. (B) by striking out the period at the end of quire all surrounding private lands in Let me elaborate. In the 97th Con- subparagraph (D) and inserting in lieu there- an area of New Mexico that had great gress, we granted VA the authority to of a semicolon; and potential as a testing area for the

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2056 CONGRESSIONAL RECORD — SENATE February 2, 1995 army. The land was abundant, sparsely had water, grass, and good soil. The Last November, the American people populated, and in the middle of no- Federal Government retained the title sent us a message: Rein in big Govern- where. For the sake of national secu- to those lands they could not sell. ment. Stop wasting taxpayers’ moneys. rity and for the benefit of the Nation, Holding that land, however, did not Stop passing the buck to State and ranchers and miners in this area en- generate revenue. Therefore, the Gov- local governments. Stop microman- tered into a temporary agreement to ernment believed it important to enter aging our lives through burdensome leave their homes and their livelihood. into a new agreement with the ranch- and costly regulations. The White Sands Missile Range ers. This new agreement encouraged We are responding to that message. [WSMR] had gained its first foothold in the settlers to invest money, time, and Our agenda reduces Government—in the State of New Mexico. The ranchers effort into the less fertile Federal lands size and scope—and increases indi- and miners had taken their first step in exchange for increasing the settler vidual freedom. Our agenda will restore out of their former lives. holdings. Another good faith agree- the true balance between Government At the end of World War II, the Gov- ment was entered into between the and individual reflected in the 10th ernment determined the Nation’s secu- ranchers and the Government. amendment, which leaves all powers Through the years this agreement re- rity was still at risk and the use of the not given to the Federal Government sulted into a valuable arrangement for WSMR area was necessary. Neverthe- to the States or to the people. less, the army relented to allow WSMR both the ranchers and the Government. The ranchers use the expanded hold- Our agenda is a package of reforms— ranchers to return to their homes on a and make no mistake about it, we need shared use basis. Until 1950, the ranch- ings as collateral, and the Internal Revenue Service taxes these holdings them all. The first set of reforms focus ers and the military attempted to work on making Congress accountable and together in sharing the WSMR area. as net worth. The WSMR ranchers’ land, both privately and publicly held, responsible—cutting spending; stopping Sharing simply did not work. In 1952, unfunded mandates; balancing the the Government began to formally had value. The ranchers had invested substantially in both. budget; and a line-item veto. But, as withdraw all the public lands with the important, we need to make the agen- understanding that at some time in the Senator BINGAMAN and I are introducing a bill today which will com- cies that have come to regulate almost future the lands were to revert back to every aspect of our lives just as ac- the Department of the Interior for pub- pensate these individuals for their investments. The Whites Sands Fair countable and responsible—we need lic use. During this time, the WSMR Compensation Act of 1995 establishes a regulatory reform. ranchers were still allowed the use of Commission in the Department of De- their private lands, but they could no Mr. President, the true scope of regu- fense to provide compensation to the longer use the surrounding Federal lations in America is staggering: OMB individuals who lost their ranches or lands that had been integral compo- estimates that the private sector mining claims to the Government. This nents of their land holdings. For many, spends more than 6.6 billion hours in 1 Commission will evaluate the history this was the difference between raising year complying with regulations; and surrounding this issue, evaluate claims cattle and sheep as pets or as food. the costs of regulation on our economy submitted by owners who relinquished Furthermore, the military maintained are conservatively estimated at $500 their property, and will terminate its billion. evacuation contracts with the ranch- work after completing action on all ers, directing the ranchers to vacate And it is not merely a matter of too claims filed under this act. I ask that a many regulations or whether they their private lands during weapons copy of my bill be included in the testing. make sense. They are often inflexible RECORD at the conclusion of my re- All these factors added up to finan- and unfair. It is very difficult for one marks. person or one business to take on the cial disaster for the ranchers who, in In closing, Mr. President, I would 1942, believed they were contributing to Government—even if they are right. like to urge this Congress to work Sometimes they must, just to survive, the war effort. WSMR ranchers quickly on this measure. Many WSMR couldn’t ranch, nor could they sell and the costs of enforcement are often ranchers and miners have died, and a dead weight loss to society in terms their land. The WSMR ranches had many more are elderly. My colleagues of lost productivity and innovation. changed in 10 years from thriving com- in the House of Representatives, Con- I know of one small business in panies producing food and fiber, to gressman JOE SKEEN, Congressman crippled businesses waiting to be un- STEVE SCHIFF, and Congressman BILL Paola, KS, that spent 5 years in a law- loaded on the first prospective buyer. RICHARDSON will introduce a com- suit with OSHA and finally settled for That prospective buyer came 20 years panion measure. It is my hope that this $6,000. This company typically spends later. The Government offered to buy Congress will acknowledge what this between $7,500 and $10,000 annually for the lands from the WSMR ranchers. special group of Americans contributed legal and management costs just deal- Those ranchers who agreed received a to winning a war fought so very long ing with OSHA. The regulatory state is devalued price for their homes; those ago.∑ out of control. who disagreed had their lands con- Mr. President, this legislation will demned and received the same low By Mr. DOLE (for himself, Mr. accomplish six major objectives: price. NICKLES, Mr. BOND, Mrs. First, responsibility. Major regula- Mr. President, I would like to put HUTCHISON, Mr. MURKOWSKI, Mr. tions—those with $50 million impact on this issue into some historical context. LOTT, Mr. COCHRAN, Mr. HATCH, the economy—will go through an anal- The Congress during the years of Jef- Mr. DOMENICI, Mrs. KASSEBAUM, ysis that ensures that the benefits out- ferson and Hamilton, was embroiled in Mr. COATS, Mr. ABRAHAM, Mr. weigh the costs; a debate surrounding the country’s INHOFE, Mr. SMITH, Mr. Second, sound science. Risk assess- Federal lands and a troublesome na- SANTORUM, Mr. THOMPSON, Mr. tional debt. The debt prompted leaders ments will be based on realistic data WARNER, and Mr. KYL): and sound science and will be part of to consider clearing the Nation’s debt S. 343. A bill to reform the regulatory the agency decisionmaking process; through the sale of its Federal lands to process, and for other purposes; to the bring in much needed revenue as well Committee on the Judiciary. Third, accountability. We will put a as to encourage the expansion of the THE COMPREHENSIVE REGULATORY REFORM ACT stop to the practice of expanding Fed- western territories. After much delib- OF 1995 eral power and jurisdiction beyond eration and many successive Con- Mr. DOLE. Mr. President, I rise to in- what a statute provides. We will insist gresses, several measures were signed troduce legislation that begins the that the public be informed of the true into law that would entice Americans process of getting the regulatory state costs and benefits of regulation, and to move west and homestead the land. under control. This legislation rep- that those affected by regulations be Between 1895 and 1920, many of the resents a comprehensive effort to in- able to enforce these requirements in a ranchers began to settle in what would ject common sense into a Federal regu- court of law; become WSMR. Each rancher paid the latory process that is often too costly, Fourth, congressional oversight. We Government for the land. These lands too arcane, and too inflexible. ensure Congress’ overall responsibility

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2057 by providing for a 45-day period in ‘‘(5) the term ‘benefit’ means the reason- ‘‘(ii) Following the issuance of a draft cost- which Congress may review major reg- ably identifiable significant benefits, includ- benefit analysis under clause (i), the agency ulations before they take effect; ing social and economic benefits, that are shall give interested persons an opportunity Fifth, remedying past mistakes. expected to result directly or indirectly from to comment pursuant to section 553 of this There are undoubtedly many regula- implementation of a rule or an alternative to title in the same manner as if the draft cost- a rule; benefit analysis had been issued with the notions that impose costs that wildly ex- ‘‘(6) the term ‘cost’ means the reasonably ceed the benefits. We allow for review identifiable significant costs and adverse ef- tice of proposed rulemaking. of existing regulations in order to weed fects, including social and economic costs, ‘‘(2) Each draft cost-benefit analysis shall out past mistakes; and reduced consumer choice, substitution ef- contain— Sixth, small business relief. The fects, and impeded technological advance- ‘‘(A) an analysis of the benefit of the pro- costs of regulations often fall dis- ment, that are expected to result directly or posed rule, and an explanation of how the proportionately on those least able to indirectly from implementation of, or com- agency anticipates each benefit will be cope—small businesses. We reform the pliance with, a rule or an alternative to a achieved by the proposed rule; Regulatory Flexibility Act that is al- rule; and ‘‘(B) an analysis of the costs of the pro- ready law, by allowing small businesses ‘‘(7) the term ‘market-based mechanism’ posed rule, and an explanation of how the the ability to enforce its provisions in means a regulatory program that— agency anticipates each such cost will result ‘‘(A) imposes legal accountability for the court. from the proposed rule; achievement of an explicit regulatory objec- ‘‘(C) an identification (including an anal- Mr. President, there are a lot of good tive on each regulated person; ideas out there about regulatory re- ysis of the costs and benefits) of reasonable ‘‘(B) affords maximum flexibility to each alternatives for achieving the identified ben- form. We want to hear them. But we regulated person in complying with manda- efits of the proposed rule, including alter- will insist that fundamental reform be tory regulatory objectives, which flexibility natives that— enacted this year. The American people shall, where feasible and appropriate, in- ‘‘(i) require no Government action; deserve nothing less. clude, but not be limited to, the opportunity ‘‘(ii) will accommodate differences among I ask unanimous consent that the to transfer to, or receive from, other persons, geographic regions and among persons with legislation I introduce today be printed including for cash or other legal consider- differing levels of resources with which to in the RECORD. ation, increments of compliance responsi- comply; and There being no objection, the bill was bility established by the program; and ‘‘(iii) employ performance or other mar- ‘‘(C) permits regulated persons to respond ordered to be printed in the RECORD, as ket-based standards that permit the greatest automatically to changes in general eco- follows: flexibility in achieving the identified bene- nomic conditions and in economic cir- fits of the proposed rule and that comply S. 343 cumstances directly pertinent to the regu- with the requirements of subparagraph (D); Be it enacted by the Senate and House of Rep- latory program without affecting the ‘‘(D) an assessment of the feasibility of es- resentatives of the United States of America in achievement of the program’s explicit regu- tablishing a regulatory program that oper- Congress assembled, latory mandates. ates through the application of market-based SECTION 1. SHORT TITLE. ‘‘§ 622. Rulemaking cost-benefit analysis mechanisms; This Act may be cited as the ‘‘Comprehen- ‘‘(E) in any case in which the proposed rule sive Regulatory Reform Act of 1995’’. ‘‘(a)(1) Prior to publishing notice of a proposed rulemaking for any rule (or, in the is based on one or more scientific evalua- SEC. 2. ANALYSIS OF AGENCY PROPOSALS. case of a notice of a proposed rulemaking tions or information or is subject to the risk (a) IN GENERAL.—Chapter 6 of title 5, that has been published on or before the date assessment requirements of subchapter III, a United States Code, is amended by adding at description of actions undertaken by the the end the following: of enactment of this subchapter, not later than 30 days after such date of enactment), agency to verify the quality, reliability, and ‘‘SUBCHAPTER II—ANALYSIS OF AGENCY each agency shall determine whether the relevance of such scientific evaluations or PROPOSALS rule is or is not a major rule within the scientific information in accordance with ‘‘§ 621. Definitions meaning of section 621(4)(A)(i) and, if it is the risk assessment requirements of sub- ‘‘For purposes of this subchapter and sub- not, whether it should be designated a major chapter III; chapter III of this chapter— rule under section 621(4)(A)(ii). For the pur- ‘‘(F) an assessment of the aggregate effect ‘‘(1) the term ‘agency’ has the same mean- pose of any such determination or designa- of the rule on small businesses with fewer ing as in section 551(1) of this title; tion, a group of closely related rules shall be than 100 employees, including an assessment ‘‘(2) the term ‘person’ has the same mean- considered as one rule. of the net employment effect of the rule; and ing as in section 551(2) of this title; ‘‘(2) Each notice of proposed rulemaking ‘‘(G) an analysis of whether the identified ‘‘(3) the term ‘rule’ has the same meaning shall include a succinct statement and expla- benefits of the proposed rule are likely to ex- as in section 551(4) of this title; nation of the agency’s determination under ceed the identified costs of the proposed rule, ‘‘(4)(A) the term ‘major rule’ means— paragraph (1). and an analysis of whether the proposed rule ‘‘(i) a rule or a group of closely related ‘‘(b)(1) If an agency has determined that a will provide greater net benefits to society rules that the agency proposing the rule or rule is not a major rule within the meaning than any of the alternatives to the proposed the President reasonably determines is like- of section 621(4)(A)(i) and has not designated rule, including alternatives identified in ac- ly to have a gross annual effect on the econ- the rule a major rule within the meaning of cordance with subparagraph (C). omy of $50,000,000 or more in reasonably section 621(4)(A)(ii), the President may, as ‘‘(d)(1) When the agency publishes a final quantifiable increased direct and indirect appropriate, determine that the rule is a major rule, the agency shall also issue and costs, or has a significant impact on a sector major rule or designate the rule a major rule place in the rulemaking record a final cost- of the economy; or not later than 30 days after the publication ‘‘(ii) a rule or a group of closely related of the notice of proposed rulemaking for the benefit analysis, and shall include a sum- rules that is otherwise designated a major rule (or, in the case of a notice of proposed mary of the analysis in the statement of rule by the agency proposing the rule, or by rulemaking that has been published on or be- basis and purpose. the President on the ground that the rule is fore the date of enactment of this sub- ‘‘(2) Each final cost-benefit analysis shall likely to result in— chapter, not later than 60 days after such contain— ‘‘(I) a substantial increase in costs or date of enactment). ‘‘(A) a description and comparison of the prices for wage earners, consumers, indi- ‘‘(2) Such determination or designation benefits and costs of the rule and of the rea- vidual industries, nonprofit organizations, shall be published in the Federal Register, sonable alternatives to the rule described in Federal, State, or local government agen- together with a succinct statement of the the rulemaking, including the market-based cies, or geographic regions; or basis for the determination or designation. mechanisms identified pursuant to sub- ‘‘(II) significant adverse effects on com- ‘‘(c)(1)(A) When the agency publishes a no- section (c)(2)(D); and petition, employment, investment, produc- tice of proposed rulemaking for a major rule, ‘‘(B) an analysis, based upon the rule- tivity, innovation, the environment, public the agency shall issue and place in the rulemaking record considered as a whole, of— health or safety, or the ability of enterprises making record a draft cost-benefit analysis, ‘‘(i) whether the benefits of the rule out- whose principal places of business are in the and shall include a summary of such analysis weigh the costs of the rule; and United States to compete in domestic or ex- in the notice of proposed rulemaking. ‘‘(ii) whether the rule will provide greater port markets; ‘‘(B)(i) When the President has published a net benefits to society than any of the alter- ‘‘(B) the term ‘major rule’ does not in- determination or designation that a rule is a natives described in the rulemaking, includ- clude— major rule after the publication of the notice ing the market-based incentives identified ‘‘(i) a rule that involves the internal rev- of proposed rulemaking for the rule, the pursuant to subsection (c)(2)(D). enue laws of the United States; or agency shall promptly issue and place in the ‘‘(ii) a rule that authorizes the introduc- rulemaking file a draft cost-benefit analysis ‘‘(e)(1)(A) The description of the benefits tion into commerce, or recognizes the mar- for the rule and shall publish in the Federal and costs of a proposed and a final rule re- ketable status, of a product; Register a summary of such analysis. quired under this section shall include, to

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2058 CONGRESSIONAL RECORD — SENATE February 2, 1995 the extent feasible, a quantification or nu- ‘‘(3) An action to review a determination than 180 days after the petition is submitted. merical estimate of the quantifiable benefits that a rule is not a major rule or to review If the agency fails to act by such date, the and costs. Such quantification or numerical a decision not to designate shall be filed not petition shall be deemed to have been grant- estimate shall be made in the most appro- later than 30 days after the date of publica- ed. A decision to deny a petition shall be priate unit of measurement, using com- tion of such determination or failure to des- subject to judicial review immediately upon parable assumptions, including time periods, ignate. denial as final agency action under the stat- and shall specify the ranges of predictions ‘‘(c) If a court of the United States finds ute under which the agency has issued the and shall explain the margins of error in- that a rule should have been reviewed pursu- guidance or general statement of policy. volved in the quantification methods and in ant to this subchapter, such rule shall have ‘‘(e) For each petition granted under sub- the estimates used. An agency shall describe no force or effect until such time as the re- section (d), the agency shall be prohibited the nature and extent of the nonquantifiable quirements of this subchapter are met. from enforcing against any person the regu- benefits and costs of a final rule pursuant to ‘‘(d) Each court with jurisdiction to review latory standards or criteria contained in this section in as precise and succinct a man- final agency action under the statute grant- such guidance or policy unless included in a ner as possible. ing the agency authority to conduct the ‘‘(B) Where practicable, the description of rulemaking shall have jurisdiction to review rule proposed and promulgated in accordance the benefits and costs of a proposed and final findings by any agency under this sub- with this subchapter. rule required under this section shall de- chapter and shall set aside agency action ‘‘§ 626. Effective date of final regulations scribe such benefits and costs on an industry that fails to satisfy the decisional criteria of by industry basis. section 623. The court shall apply the same ‘‘(a)(1) Beginning on the date of enactment ‘‘(2)(A) In evaluating and comparing costs standards of judicial review that apply to the of this section, all deadlines in statutes that and benefits and in evaluating the risk as- review of agency findings under the statute require agencies to propose or promulgate sessment information developed pursuant to granting the agency authority to conduct any rule subject to this subchapter are sus- subchapter III, the agency shall not rely on the rulemaking. pended until such time as the requirements cost, benefit, or risk assessment information ‘‘§ 625. Petition for cost-benefit analysis of this subchapter are satisfied. that is not accompanied by data, analysis, or ‘‘(2) Beginning on the date of enactment of other supporting materials that would en- ‘‘(a)(1) Any person subject to a major rule this section, the jurisdiction of any court of able the agency and other persons interested may petition the relevant agency or the the United States to enforce any deadline in the rulemaking to assess the accuracy, re- President to perform a cost-benefit analysis that would require an agency to propose or liability, and uncertainty factors applicable under this subchapter for the major rule, in- promulgate a rule subject to subchapter II of to such information. cluding a major rule in effect on the date of ‘‘(B) The agency evaluations of the rela- enactment of this subchapter for which a chapter 5 of title 5, United States Code (as tionships of the benefits of a proposed and cost-benefit analysis pursuant to such sub- added by this section), is suspended until final rule to its costs shall be clearly articu- chapter has not been performed, regardless such time as the requirements of this sub- lated in accordance with this section. of whether a cost-benefit analysis was pre- chapter are satisfied. ‘‘§ 623. Decisional criteria viously performed to meet requirements im- ‘‘(3) In any case in which the failure to proposed before the date of enactment of this ‘‘(a) No final rule subject to this sub- mulgate a rule by a deadline would create an subchapter. chapter shall be promulgated unless the obligation to regulate through individual ad- ‘‘(2) The petition shall identify with rea- judications, the obligation to conduct indi- agency finds that— sonable specificity the major rule to be re- ‘‘(1) the potential benefits to society from vidual adjudications shall be suspended to viewed. allow the requirements of this subchapter to the rule outweigh the potential costs of the ‘‘(3) The agency or the President shall be satisfied. rule to society, as determined by the anal- grant the petition if the petition shows that ysis required by section 622(d)(2)(B); and there is a reasonable likelihood that the ‘‘(b)(1) Before a major rule takes effect as ‘‘(2) the rule will provide greater net bene- costs of the major rule outweigh the bene- a final rule, the agency promulgating such fits to society than any of the reasonable al- fits, or that reasonable questions exist as to rule shall submit to the Congress a copy of ternatives identified pursuant to section whether the rule provides greater net bene- such rule and a report containing a concise 622(c)(2)(C), including the market-based fits to society than any reasonable alter- general statement relating to the rule, in- mechanisms identified pursuant to section native to the rule that may be more clearly cluding a complete copy of the cost-benefit 622(c)(2)(D). resolved through examination pursuant to analysis, and the proposed effective date of ‘‘(b) The requirements of this section shall this subchapter and subchapter III. the rule. supplement the decisional criteria for rule- ‘‘(4) A decision to grant or deny a petition ‘‘(2) A major rule relating to a report sub- making otherwise applicable under the stat- under this subsection shall be made not later ute granting the rulemaking authority, ex- mitted under paragraph (1) shall take effect than 180 days after submittal. A decision to as a final rule, the latest of— cept when such statute contains explicit tex- deny a petition shall be subject to judicial tual language prohibiting the consideration ‘‘(A) the later of the date occurring 45 days review immediately upon denial as final after the date on which— of the criteria set forth in this section. agency action under the statute granting the Where the agency finds that consideration of ‘‘(i) the Congress receives the report sub- agency authority to conduct the rulemaking. mitted under paragraph (1); or the criteria set forth in this section is pro- ‘‘(b) For each major rule for which a peti- hibited by explicit statutory language, the ‘‘(ii) the rule is published in the Federal tion has been granted under subsection (a), Register; agency shall transmit its finding to Con- the agency shall conduct a cost-benefit anal- gress, along with the final cost-benefit anal- ‘‘(B) if the Congress passes a joint resolu- ysis in accordance with this subchapter, and tion of disapproval described under sub- ysis required by section 622(d)(2)(B). shall determine whether the rule satisfies ‘‘§ 624. Judicial review section (h) relating to the rule, and the the decisional criteria set forth in section President signs a veto of such resolution, the ‘‘(a) Compliance or noncompliance by an 623. If the rule does not satisfy the decisional earlier date— agency with the provisions of this sub- criteria, then the agency shall take imme- ‘‘(i) on which either House of Congress chapter shall be subject to judicial review in diate action to either revoke or amend the votes and fails to override the veto of the accordance with this section. rule to conform the rule to the requirements President; or ‘‘(b)(1) Each of the following shall be sub- of this subchapter and the decisional criteria ject to judicial review: ‘‘(ii) occurring 30 session days after the under section 623. date on which the Congress received the veto ‘‘(A) A determination by an agency or by ‘‘(c) For purposes of this section, the term and objections of the President; or the President that a rule is or is not a major ‘major rule’ means any major rule or portion ‘‘(C) the date the rule would have other- rule within the meaning of section 621(4). thereof. ‘‘(B) A designation by an agency or by the ‘‘(d)(1) Any person may petition the rel- wise taken effect, if not for this section (un- President of a rule as a major rule. evant agency to withdraw, as contrary to less a joint resolution of disapproval under ‘‘(C) A decision by an agency or by the this subchapter, any agency guidance or gen- subsection (h) is enacted). President not to designate a rule a major eral statement of policy that would be a ‘‘(c) A rule shall not take effect as a final rule. major rule if the guidance or general state- rule if the Congress passes a joint resolution ‘‘(2) A determination by an agency or by ment of policy had been adopted as a rule. of disapproval described under subsection the President that a rule is not a major rule ‘‘(2) The petition shall identify with rea- (h). within the meaning of section 621(4), or the sonable specificity why the guidance or gen- ‘‘(d)(1) Notwithstanding any other provi- decision by an agency or by the President eral statement of policy would be major if sion of this section (except subject to para- not to designate a rule a major rule, shall be adopted as a rule. graph (3)), a rule that would not take effect set aside by a reviewing court only upon a ‘‘(3) The agency shall grant the petition if by reason of this section may take effect if showing of clear and convincing evidence the petition shows that there is a reasonable the President makes a determination under that the determination or decision not to likelihood that the guidance or general paragraph (2) and submits written notice of designate is erroneous in light of the infor- statement of policy would be major if adopt- such determination to the Congress. mation available to the agency at the time ed as a rule. the determination or decision not to des- ‘‘(4) A decision to grant or deny a petition ‘‘(2) Paragraph (1) applies to a determina- ignate was made. under this subsection shall be made not later tion made by the President by Executive

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2059 order that the rule should take effect be- tion described in paragraph (1), it shall at to satisfy statutory requirements shall be cause such rule is— any time thereafter be in order (even though prohibited. ‘‘(A) necessary because of an imminent a previous motion to the same effect has ‘‘(b) Nothing in this section shall be con- threat to health or safety or other emer- been disagreed to) for any Member of the re- strued to prevent any agency from promul- gency; spective House to move to proceed to the gating a rule that repeals, narrows, or ‘‘(B) necessary for the enforcement of consideration of the resolution, and all streamlines a rule, regulation, or adminis- criminal laws; or points of order against the resolution (and trative process, or from issuing or promul- ‘‘(C) necessary for national security. against consideration of the resolution) shall gating a rule providing for tax relief or clari- ‘‘(3) An exercise by the President of the au- be waived. The motion shall be highly privi- fication or reducing regulatory burdens. thority under this subsection shall have no leged in the House of Representatives and ‘‘§ 628. Standard for review of agency inter- effect on the procedures under subsection (h) shall be privileged in the Senate and shall pretations of an enabling statute or the effect of a joint resolution of dis- not be debatable. The motion shall not sub- approval under this section. ject to amendment, or to a motion to post- ‘‘(a) In reviewing a final agency action ‘‘(4) This subsection and an Executive pone, or to a motion to proceed to the con- under section 706 of this title, or under a order issued by the President under this sub- sideration of other business. A motion to re- statute that provides for review of a final section shall not be subject to judicial reconsider the vote by which the motion is agency action, the reviewing court shall af- view by a court of the United States. agreed to or disagreed to shall not be in firm the agency’s interpretation of the stat- ‘‘(e)(1) Subsection (h) shall apply to any order. If a motion to proceed to the consider- ute granting authority to promulgate the rule that is published in the Federal Register ation of the resolution is agreed to, the reso- rule if, applying traditional principles of (as a rule that shall take effect as a final lution shall remain the unfinished business statutory construction, the reviewing court rule) during the period beginning on the date of the respective House until disposed of. finds that the interpretation is clearly the occurring 60 days before the date the Con- ‘‘(B) Debate on the resolution, and on all interpretation of the statute intended by gress adjourns sine die through the date on debatable motions and appeals in connection Congress. which the succeeding Congress first con- therewith, shall be limited to not more than ‘‘(b) If the reviewing court, applying tradi- venes. 10 hours, which shall be divided equally be- tional principles of statutory construction, ‘‘(2) For purposes of subsection (h), a rule tween those favoring and those opposing the finds that an interpretation other than the described under paragraph (1) shall be treat- resolution. A motion further to limit debate interpretation applied by the agency is ed as though such rule were published in the shall be in order and shall not be debatable. clearly the interpretation of the statute in- Federal Register (as a rule that shall take ef- An amendment to, or a motion to postpone, tended by Congress, the reviewing court fect as a final rule) on the date the suc- or a motion to proceed to the consideration shall find that the agency’s interpretation is ceeding Congress first convenes. of other business, or a motion to recommit erroneous and contrary to law. ‘‘(3) During the period between the date the resolution shall not be in order. A mo- ‘‘(c)(1) If the reviewing court, applying es- the Congress adjourns sine die through the tion to reconsider the vote by which the res- tablished principles of statutory construc- date on which the succeeding Congress first olution is agreed to or disagreed to shall not tion, finds that the statute gives the agency convenes, a rule described under paragraph be in order. discretion to choose from among a range of (1) shall take effect as a final rule as other- ‘‘(C) Immediately following the conclusion permissible statutory constructions, the re- wise provided by law. of the debate on a resolution described in viewing court shall affirm the agency’s in- ‘‘(f) Any rule that takes effect and later is paragraph (1), and a single quorum call at terpretation where the record on review es- made of no force or effect by the enactment the conclusion of the debate if requested in tablishes that— of a joint resolution under subsection (h) accordance with the rules of the appropriate ‘‘(A) the agency has correctly identified shall be treated as though such rule had House, the vote on final passage of the reso- the range of permissible statutory construc- never taken effect. lution shall occur. tions; ‘‘(g) If the Congress does not enact a joint ‘‘(D) Appeals from the decisions of the ‘‘(B) the interpretation chosen is one that resolution of disapproval under subsection Chair relating to the application of the rules is within that range; and (h), no court or agency may infer any intent of the Senate or the House of Representa- ‘‘(C) the agency has engaged in reasoned of the Congress from any action or inaction tives, as the case may be, to the procedure decisionmaking in determining that the in- of the Congress with regard to such rule, re- relating to a resolution described in para- terpretation, rather than other permissible lated statute, or joint resolution of dis- graph (1) shall be decided without debate. constructions of the statute, is the one that approval. ‘‘(5) If, before the passage by one House of maximizes net benefits to society. ‘‘(h)(1) For purposes of this subsection, the a resolution of that House described in para- ‘‘(2) If an agency’s interpretation of a stat- term ‘joint resolution’ means only a joint graph (1), that House receives from the other ute cannot be affirmed under paragraph (1), resolution introduced after the date on House a resolution described in paragraph the reviewing court shall find that the agen- which the report referred to in subsection (b) (1), then the following procedures shall cy’s interpretation is arbitrary and capri- is received by Congress the matter after the apply: cious. resolving clause of which is as follows: ‘That ‘‘(A) The resolution of the other House ‘‘SUBCHAPTER IV—EXECUTIVE Congress disapproves the rule submitted by shall not be referred to a committee. OVERSIGHT the llll relating to llll, and such ‘‘(B) With respect to a resolution described ‘‘§ 651. Procedures rule shall have no force or effect. (The blank in paragraph (1) of the House receiving the spaces being appropriately filled in.)’. resolution— ‘‘The President shall— ‘‘(2)(A) A resolution described in paragraph ‘‘(i) the procedure in that House shall be ‘‘(1) establish procedures for agency com- (1) shall be referred to the committees in the same as if no resolution had been re- pliance with subchapters II and III; and each House of Congress with jurisdiction. ceived from the other House; but ‘‘(2) monitor, review, and ensure agency Such a resolution shall not be reported be- ‘‘(ii) the vote on final passage shall be on implementation of such procedures. fore the eighth day after its submission or the resolution of the other House. ‘‘§ 652. Promulgation and adoption publication date. ‘‘(6) This subsection is enacted by Con- ‘‘(B) For purposes of this subsection the ‘‘(a) Procedures established pursuant to gress— term ‘submission or publication date’ means section 651 shall only be implemented after ‘‘(A) as an exercise of the rulemaking the later of the date on which— opportunity for public comment. Any such power of the Senate and House of Represent- ‘‘(i) the Congress receives the report sub- procedures shall be consistent with the atives, respectively, and as such it is deemed mitted under subsection (b)(1); or prompt completion of rulemaking pro- to be a part of the rules of each House, re- ‘‘(ii) the rule is published in the Federal ceedings. spectively, but applicable only with respect Register. ‘‘(b)(1) If procedures established pursuant to the procedure to be followed in that House ‘‘(3) If the committee to which a resolution to section 651 include review of preliminary in the case of a resolution described in para- described in paragraph (1) is referred has not or final regulatory analyses to ensure that graph (1), and it supersedes other rules only reported such resolution (or an identical res- they comply with subchapters II and III, the to the extent that it is inconsistent with olution) at the end of 20 calendar days after time for any such review of a preliminary such rules; and its submission or publication date, such com- regulatory analysis shall not exceed 30 days ‘‘(B) with full recognition of the constitu- mittee may be discharged by the Majority following the receipt of the analysis by the tional right of either House to change the Leader of the Senate or the Majority Leader President or by an officer to whom the au- rules (so far as relating to the procedure of of the House of Representatives, as the case thority granted under section 651 has been that House) at any time, in the same man- may be, from further consideration of such delegated pursuant to section 653. ner, and to the same extent as in the case of resolution and such resolution shall be ‘‘(2) The time for review of a final regu- any other rule of that House. placed on the appropriate calendar of the latory analysis shall not exceed 30 days fol- House involved. ‘‘§ 627. Unauthorized rulemakings lowing the receipt of the analysis by the ‘‘(4)(A) When the committee to which a ‘‘(a) Notwithstanding any other provision President or such officer. resolution is referred has reported, or when a of law, beginning on July 1, 1995, any rule ‘‘(3)(A) The times for each such review may committee is discharged (under paragraph that expands Federal power or jurisdiction be extended for good cause by the President (3)) from further consideration of, a resolu- beyond the level of regulatory action needed or such officer for an additional 30 days.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2060 CONGRESSIONAL RECORD — SENATE February 2, 1995 ‘‘(B) Notice of any such extension, together ‘‘(5)(A) In a case in which an agency cer- ‘‘622. Rulemaking cost-benefit analysis. with a succinct statement of the reasons tifies that such rule would not have a signifi- ‘‘623. Decisional criteria. therefor, shall be inserted in the rulemaking cant economic impact on a substantial num- ‘‘624. Judicial review. file. ber of small entities, the court may order ‘‘625. Petition for cost-benefit analysis. ‘‘§ 653. Delegation of authority the agency to prepare a final regulatory ‘‘626. Effective date of final regulations. ‘‘(a) The President may delegate the au- flexibility analysis pursuant to section 604 if ‘‘627. Unauthorized rulemakings. thority granted by this subchapter to the the court determines, on the basis of the ‘‘628. Standard for review of agency inter- Vice President or to an officer within the Ex- rulemaking record, that the certification pretations of an enabling stat- ecutive Office of the President whose ap- was arbitrary, capricious, an abuse of discre- ute. tion, or otherwise not in accordance with pointment has been subject to the advice and ‘‘SUBCHAPTER III—RISK ASSESSMENTS consent of the Senate. law. ‘‘(b)(1) Notice of any delegation, or any ‘‘(B) In a case in which the agency pre- ‘‘631. Definitions. revocation or modification thereof, shall be pared a final regulatory flexibility analysis, ‘‘632. Applicability. published in the Federal Register. the court may order the agency to take cor- ‘‘633. Rule of construction. ‘‘(2) Any notice with respect to a delega- rective action consistent with section 604 if ‘‘634. Requirement to prepare risk assess- tion to the Vice President shall contain a the court determines, on the basis of the ments. statement by the Vice President that the rulemaking record, that the final regulatory ‘‘635. Principles for risk assessment. Vice President will make every reasonable flexibility analysis was prepared by the ‘‘636. Principles for risk characterization effort to respond to congressional inquiries agency without complying with section 604. and communication. concerning the exercise of the authority del- ‘‘(6) If, by the end of the 90-day period be- ‘‘637. Regulations; plan for assessing new egated under this section. ginning on the date of the order of the court information. ‘‘§ 654. Applicability pursuant to paragraph (5) (or such longer pe- ‘‘638. Decisional criteria. riod as the court may provide), the agency ‘‘The authority granted under this sub- ‘‘639. Regulatory priorities. fails, as appropriate— chapter shall not apply to rules issued by the ‘‘640. Establishment of program. ‘‘(A) to prepare the analysis required by Nuclear Regulatory Commission. section 604; or ‘‘SUBCHAPTER IV—EXECUTIVE ‘‘§ 655. Judicial review ‘‘(B) to take corrective action consistent OVERSIGHT ‘‘The exercise of the authority granted with section 604 of this title, ‘‘651. Procedures. under this subchapter by the President or by the court may stay the rule or grant such ‘‘652. Promulgation and adoption. an officer to whom such authority has been other relief as it deems appropriate. ‘‘653. Delegation of authority. delegated under section 653 shall not be sub- ‘‘(7) In making any determination or ‘‘654. Applicability. ject to judicial review in any manner under granting any relief authorized by this sub- ‘‘655. Judicial review.’’. this chapter.’’. section, the court shall take due account of (2) Chapter 6 of title 5, United States Code, (b) JUDICIAL REVIEW OF REGULATORY FLEXI- the rule of prejudicial error. is amended by inserting immediately before BILITY ANALYSIS.— ‘‘(b) In an action for the judicial review of section 601, the following subchapter head- (1) AMENDMENT.—Section 611 of title 5, a rule, any regulatory flexibility analysis for ing: United States Code, is amended to read as such rule (including an analysis prepared or follows: corrected pursuant to subsection (a)(5)) shall ‘‘SUBCHAPTER I—REGULATORY ANALYSIS’’. ‘‘§ 611. Judicial review constitute part of the whole record of agency ‘‘(a)(1) Except as provided in paragraph (2), action in connection with such review. not later than 1 year after the effective date ‘‘(c) Nothing in this section bars judicial By Mr. DOMENICI (for himself review of any other impact statement or of a final rule with respect to which an agen- and Mr. INOUYE): similar analysis required by any other law if cy— S. 346. A bill to establish in the De- ‘‘(A) certified, pursuant to section 605(b), judicial review of such statement or analysis is otherwise provided by law.’’. partment of the Interior the Office of that such rule would not have a significant Indian Women and Families, and for economic impact on a substantial number of (2) EFFECTIVE DATE.—The amendment small entities; or made by paragraph (1) shall take effect on other purposes; to the Committee on ‘‘(B) prepared final regulatory flexibility the date of enactment of this Act, except Indian Affairs. that the judicial review authorized by sec- analysis pursuant to section 604, THE OFFICE OF WOMEN AND FAMILIES IN THE tion 611(a) of title 5, United States Code (as an affected small entity may petition for the BUREAU OF INDIAN AFFAIRS ACT OF 1995 added by subsection (a)), shall apply only to judicial review of such certification or anal- ∑ Mr. DOMENICI. Mr. President, today ysis in accordance with this subsection. A final agency rules issued after the date of en- court having jurisdiction to review such rule actment of this Act. I am pleased to be joined by the vice for compliance with section 553 of this title (c) PRESIDENTIAL AUTHORITY.—Nothing in chairman of the Senate Committee on or under any other provision of law shall this Act shall limit the exercise by the Presi- Indian Affairs, Senator DANIEL K. have jurisdiction to review such certification dent of the authority and responsibility that INOUYE, in introducing a bill to create or analysis. the President otherwise possesses under the the Office of Women and Families in ‘‘(2)(A) Except as provided in subparagraph Constitution and other laws of the United the Bureau of Indian Affairs [BIA], U.S. States with respect to regulatory policies, (B), in the case of a provision of law that re- Department of Interior. I am grateful quires that an action challenging a final procedures, and programs of departments, for Senator INOUYE’s support of this agency regulation be commenced before the agencies, and offices. expiration of the 1-year period provided in (d) TECHNICAL AND CONFORMING AMEND- legislation. We hope to improve Fed- paragraph (1), such lesser period shall apply MENTS.—(1) Part I of title 5, United States eral Government attention and serv- to a petition for the judicial review under Code, is amended by striking out the chapter ices for Indian women and their fami- this subsection. heading and table of sections for chapter 6 lies, with a special emphasis on the ‘‘(B) In a case in which an agency delays and inserting in lieu thereof the following: economic well-being of Indian women the issuance of a final regulatory flexibility ‘‘CHAPTER 6—THE ANALYSIS OF and families including employment and analysis pursuant to section 608(b), a peti- REGULATORY FUNCTIONS business opportunities. This new office tion for judicial review under this subsection ‘‘SUBCHAPTER I—REGULATORY shall be filed not later than— ANALYSIS will be responsible for addressing the special needs of Indian women and fam- ‘‘(i) 1 year; or ‘‘Sec. ‘‘(ii) in a case in which a provision of law ‘‘601. Definitions. ilies within the cultural context of requires that an action challenging a final ‘‘602. Regulatory agenda. each tribe or village. Existing and new agency regulation be commenced before the ‘‘603. Initial regulatory flexibility analysis. Federal policies for the benefit of In- expiration of the 1-year period provided in ‘‘604. Final regulatory flexibility analysis. dian people will be better focused on paragraph (1), the number of days specified ‘‘605. Avoidance of duplicative or unneces- Indian women who are too often ig- in such provision of law, sary analyses. after the date the analysis is made available ‘‘606. Effect on other law. nored by policy makers and agency to the public. ‘‘607. Preparation of analyses. programs. ‘‘(3) For purposes of this subsection, the ‘‘608. Procedure for waiver or delay of com- I am also pleased to report that this term ‘affected small entity’ means a small pletion. legislation has now been endorsed by entity that is or will be adversely affected by ‘‘609. Procedures for gathering comments. the Eight Northern Indian Pueblos of ‘‘610. Periodic review of rules. the final rule. New Mexico and the Judiciary Com- ‘‘(4) Nothing in this subsection shall be ‘‘611. Judicial review. construed to affect the authority of any ‘‘612. Reports and intervention rights. mittee of the Navajo Nation Council. court to stay the effective date of any rule or ‘‘SUBCHAPTER II—ANALYSIS OF AGENCY The Office of Women and Families in provision thereof under any other provision PROPOSALS the BIA will be responsible for inte- of law. ‘‘621. Definitions. grating the needed policy and program

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2061 changes in the BIA programs and co- self-destructive behaviors. An Office of and potential contribution not only to tribal ordinating with other Federal agencies Women and Families can certainly go governments but to the general society. and tribal governments to improve the far in helping to idenify weaknesses in Elsie Zion of the Women Studies Pro- living conditions of Indian women and the fabric of Federal programs in- gram at the University of New Mexico, their families. tended to improve the quality of life on who I quoted above, has searched for I would like to quote from a letter I Indian reservations. statistics to back her observations. In- received in support of this concept The Office of Women and Families is dians, she concludes, ‘‘fall at the very from Dr. Carolyn M. Elgin, president of not simply another BIA program. It is bottom of indicators of status and well- the Southwestern Indian Polytechnic built in, permanent policy mechanism being.’’ Institute and Federal Women’s Pro- to shape programs and enhance the po- Elsie is skeptical that the ‘‘Great gram Manager for the BIA’s Albu- tential for direct benefits to Indian White Father’’—in the form of the querque Area. Dr. Elgin says, women and families within existing BIA—will actually help Indian women. Throughout the National Indian Commu- and new programs of the BIA and the That is one reason this office is de- nity, the diverse and specialized needs of In- Federal Government as a whole. signed to reach out into the reserva- dian women and Indian families need to be This new policy program should focus tions themselves to encourage female comprehensively addressed (congressional on Federal Government policies relat- participation in the forming and imple- attention, budget appropriations, program ing to such concerns as job opportuni- mentation of BIA policy and programs. development and policy consideration within ties for Indian women and Indian youth Wherever key Federal policies exist the Bureau). Again, I applaud your sensi- suicide. The Office could also focus on that directly impact on the social con- tivity and fully support your legislative ef- ditions of Indian women, the BIA Office forts on behalf of Indian women and families. such related employment issues as trade between Indian reservations and of Women and Families can have a pol- Mr. President, the Federal Govern- Japan or Europe. The idea is to iden- icy impact, and hence a direct impact ment spends over hundreds of millions tify those problem areas that require on the lives of Indian women and fami- of dollars per year for Indian programs new policy attention, better pro- lies who could be or should be partici- in several key departments including grammatic effort, or enhanced coordi- pating. Interior, Health and Human Services, nation with other Federal programs INDIAN CHILDREN AND YOUTH IN DISTRESS Labor, Education, Housing and Urban like the Minority Business Develop- The Indian Child Welfare Act (P.L. Development, Transportation, Com- ment Administration of the Depart- 95–608) and the Indian Child Protection merce, and other agencies like the ment of Commerce and small business Act (P.L. 101–630) are two good recent Small Business Administration. development programs of the Small examples of Congressional attempts to While the BIA is the theoretical cen- Business Administration. improve conditions for young Indians. ter of our country’s efforts to improve We are also very concerned that basic The Child Welfare Act creates a grant the daily lives of 2,000,000 American In- BIA programs be better targeted to system to tribes for child and family dians—about half of whom reside on reach Indian women. Indian women- service programs to prevent the break- federally recognized Indian reserva- owned businesses, for example, can be up of Indian families and provide for tions, many other Federal departments encouraged more often through start- the protection of Indian children. The or agencies have some involvement up grants and guaranteed loans. BIA Child Protection Act is designed to with Indians. There is, however, very social service, drug and alcohol abuse protect Indian children from family vi- little coordination among these Fed- prevention, and child protection pro- olence or abuse by bureau or tribal eral agencies who serve the same tar- grams can be enhanced and improved. contract employees. Background get population. INVISIBLE WOMEN checks, a reporting system and other While this bill will establish the new Due mainly to their strong cultural child protective services are mandated office in the BIA, its thrust will in- traditions, it is often difficult to deter- by the act. clude all major programs affecting In- mine the impact of these Federal ef- The Director and the Policy Task dian women and families. Before I ex- forts on the living standards of Indian Force of the proposed Office of Women plain more about these programs, I women and their families. Indian and Families could help refine the re- would like to focus on the need to pay women remain an enigma to most of porting systems to assure solid meas- special attention to Indian women and us. In Santa Fe, NM, we can see the fa- urement of progress made to minimize families. mous scenes of Indian women at the abuse or violence to Indian children In brief, Indians are the poorest of Palace of the Governor selling their fa- and youth. If the proposed system is the poor. Elsie Zion of the Women mous pots and jewelry. At pueblo feast found to be adequate, the results will Studies Program at the University of days and public dances we are im- certainly help in the annual reports to New Mexico describes it this way: ‘‘In- pressed by their elaborate dress and se- the Congress on the well-being of In- dian women are the poorest of the rene dancing styles. These women dian families as measured by the in- poorest group. While American women clearly have a strong presence and increased safety factors required by these come up against a ‘glass ceiling,’ In- fluence in the daily lives of New Mex- acts. dian women have problems getting off ico Pueblo, Navajo, and Apache tribes Other problems of young Indians can the floor.’’ In this case, she means that of New Mexico. also be identified and reported. Sub- too many Indian women have a ‘‘hard Yet, there remains the fact that we stance abuse, alcoholism, school drop- time getting jobs outside the fields of have a difficult time identifying many out rates or teenage pregnancy are ex- cleaning, cooking, or clerking.’’ of the indicators of social well-being amples of additional indicators to be Regarding Indian family members, for Indian women precisely because the monitored by the new Office of Women some of the highest youth suicide rates contributions of Indian women remain and Families. Summer youth employ- in America occur on Indian reserva- undervalued and overlooked in the ment and vocational education poten- tions. I know this is true for the policies and programs of the Bureau of tial are examples of other Department Jicarilla Apache Tribe and the Navajo Indian Affairs and other Federal agen- of Labor and BIA programs available to Nation. Many Pueblo Indians also have cies with programs designed to help all young Indians to enhance their poten- disproportionately high suicide rates. Indian people. tial and minimize problems like sub- Substance abuse is a severe problem As the National Advisory Council on stance abuse and school drop-outs. among young Indians. Women’s Educational Program once BACKGROUND ON FEDERAL PROGRAMS FOR By examining program and policy observed: AMERICAN INDIANS failures, it is our hope that new meth- Mr. President, the Federal Govern- To date there has been no specific Federal ods can be tried to inspire, educate, recognition of the special educational and ment has wide-ranging policies and and employ more young Indian people. training needs of Indian women and girls. As programs intended to improve the liv- We want to keep them away from the a result, Indian women are often relegated to ing conditions on some 250 Indian res- dangers of drugs, alcohol, and other position which do not reflect their capacity ervations and about 300 Native Alaskan

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2062 CONGRESSIONAL RECORD — SENATE February 2, 1995 villages. These programs include edu- our Government also plays a critical improvement of key quality of life in- cation, health care, business develop- role in defining the responsibility of dicators for Indian women and families ment, housing, job training, tribal gov- the U.S. Government to American Indi- like the ones I have mentioned. There ernment, transportation, law enforce- ans and Alaska Natives. are, of course, many other areas of con- ment, and social services. Several Fed- EDUCATION AND EMPLOYMENT cern to be identified by the new Office eral departments and agencies are pri- Educational attainment is a key in- and its related policy task force. marily involved in the delivery of serv- dicator of well-being in America. For Once articulated, these indicators ices to Native Americans—Interior, American Indian women there is a could tell us about the degree to which Health and Human Services, Housing large lag in high school graduates com- Indian women and their families are and Urban Development, Labor, and pared to the population in general. The participating in economic development Education. high school graduation rate for Indian and benefiting from new job opportuni- The two major providers of services females is about 65.3 percent compared ties on Indian reservations. Policy- to Native Americans are the Indian to 74.8 percent for all American women. makers and program managers would Health Service of the Public Health For college graduates the gap widens have better data on educational Service in the Department of Health considerably. Only 8.6 percent of Indian achievement and needs of Indian chil- and Human Services [HHS] and the Bu- women graduate from college com- dren and youth. Health statistics— reau of Indian Affairs [BIA] in the De- pared to 17.6 percent for all American from the Office of Women’s Health at partment of Interior. The IHS had a women. the Indian Health Service—could, for budget of $2.0 billion in fiscal year 1993; Unfortunately employment statistics example, tell us how serious alco- the BIA’s budget was $1.5 billion for are hard to get for Indians, and the fig- holism is among Indian women and the same fiscal year. ures vary greatly. The BIA has often what program improvements are need- Public housing for Indians in the affirmed unemployment rates of 30 per- ed to enhance treatment. HUD budget was about $257 million in cent to 60 percent on many reserva- A Director of the Office of Women fiscal year 1993; Labor committed $84.6 tions. New Mexico Pueblos often have and Families would be responsible for million for job training and summer unemployment rates in the 40 percent integrating the needed changes in the jobs; HUD’s Community Development to 50 percent range. This data is not BIA programs and coordinating with Program for Indians totalled $65.4 mil- readily available by sex. As a key indi- other Federal agencies to meet the pol- lion; and construction of Indian res- cator of general well-being, I hope the icy goals and objectives established by ervation roads was about $190 million. Office of Women and Families will be the policy task force. Clearly, there are many Federal Gov- able to influence the collection of data This new office and its related policy ernment programs that have direct im- regarding employment and unemploy- mechanisms will have the flexibility to pact on the daily lives of about 1.959 ment among Indian women and teen- look into such areas as education, million Indian people in America—up agers. health, employment, economic devel- from 1.42 million in 1980. About half of From the 1990 Census we have some opment, housing, social, and other them live on Indian reservations. encouraging data about Indian-owned services of the BIA and other relevant There is also no doubt that Indians businesses in New Mexico. The latest Federal programs serving Indian lag seriously behind other ethnic information from the 1990 Census re- women and families. By focusing on In- groups in several key areas. Overall, flects 1987 data. These data show that dian women and families, the work of they have lower household incomes, almost 800 Indian men and almost 500 the BIA and other relevant Federal higher unemployment and less school- Indian women own their own busi- programs will be enhanced by their ing than the rest of the United States. nesses. I would like to see this new of- participation in the design and im- Indian birth rates—28.8 per 1,000 pop- fice encourage more direct assistance provement of ongoing programs for In- ulation—are almost twice that of the to Indian women who are eligible for dian beneficiaries. country as a whole—15.9 per 1,000. Pre- many BIA and Small Business Admin- As we prepare to strengthen our de- natal care accompanying live births istration programs. mocracy and our economy for the 21st are lower than the United States as a OFFICE OF INDIAN WOMEN AND CHILDREN century, we must not overlook any po- whole—56.5 percent to 74.2 percent. It seems to me, Mr. President, that tential for a greater America. There is More Indians die from accidents, alco- the Indian women of this country are a growing awareness of the need to pay holism, diabetes, homicide, and tuber- in a particularly valuable position to close attention to the inter-relation- culosis than others in the country as a offer good advice to our Government ships between our national strength whole. about ways to conduct policies and pro- and the well-being of all women. Key Fortunately, the Congress passed and grams that are intended to improve factors are health, education, employ- the President signed a bill, the Indian conditions that affect these women and ment, housing, child care, business po- Health Care Improvements Act of 1992, their families. This new office clearly tential, and culture. to improve the health programs and fits within the electorate’s demand There is no doubt that Indian women policies of the Indian Health Service that our Government carry out its re- have long been essential to the well- [IHS], Public Health Service, U.S. De- sponsibilities with greater efficiency being of Indian people and their fami- partment of Health and Human Serv- and with clearer purposes. ices. This act includes my amendment No one has yet called our national lies. As we strive to attain new levels establishing an Office of Indian Wom- Indian policies a success. It is time to of education, health, business involve- en’s Health in the IHS. expand our efforts to reach out, in cul- ment, employment, and housing qual- This new IHS office will certainly en- turally appropriate ways, to solicit ity for American Indians, we clearly hance and focus the good efforts of the their thoughts about improving Fed- need the ongoing participation and di- IHS to identify and collect data about eral programs so that a real difference rect involvement of Indian women. the health status of American Indian is made in daily reservation life. I believe the strong family ties and Women. While there is clearly room for In similar ways, young Indians can responsibilities of Indian women can be improvement, the IHS is at least aware be included in designing and improving enhanced by more attention to specific of the gaps in health care between In- current programs to increase their ef- policies and programs now designed dian women and American women as a fectiveness. The American Indian fam- generally for American Indians with- whole. ily is a vital structure to strengthen out any special regard for the differing Obviously, Mr. President, the policies and preserve and we seek to enhance cultural roles and responsibilities of and programs of the U.S. Government our national policies for their well- Indian women. have a greater impact on American In- being. I ask unanimous consent that the Of- dians than most people realize. Hun- Initially, a temporary policy task fice of Indian Women and Families Act dreds of treaties and a large body of force would be established to develop a of 1995, be printed in the RECORD. law define our special government-to- policy paper to articulate a clear set of There being no objection, the bill was government relationship with Indian goals, objectives, management strate- ordered to be printed in the RECORD, as tribes. Their special trust status with gies, and monitoring systems for the follows:

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2063 S. 346 in all levels of planning, decisionmaking, families to articulate the objectives of the Be it enacted by the Senate and House of Rep- and policy development within the Bureau of Office, to serve as a guideline for systemati- resentatives of the United States of America in Indian Affairs, its area offices, and tribal cally integrating Indian women and families Congress assembled, governments and reservations. issues into the Bureau of Indian Affairs poli- SECTION 1. SHORT TITLE. (5) To conduct research and collect rel- cies, programs, projects, and activities, and This Act may be cited as the ‘‘Office of In- evant studies relating to special needs of In- to establish and detail indicators and bench- dian Women and Families Act of 1995’’. dian women and families. marks for measuring the success of the Of- (6) To develop pilot programs and projects fice. SEC. 2. FINDINGS. to strengthen activities of the Bureau of In- SEC. 7. POLICY TASK FORCE. Congress finds that: dian Affairs involving Indian women and (1) The primary responsibilities of the Bu- families, and serve as models for future en- (a) ESTABLISHMENT OF A POLICY TASK reau of Indian Affairs are to encourage and deavors and planning. FORCE.—The Director, in consultation with assist Indian people to manage their own af- (7) To ensure a liaison with other Federal the Assistant Secretary of Indian Affairs, fairs under the trust relationship between departments and agencies, State and local shall establish a temporary policy task force Indians and the Federal Government, and to governments, tribally controlled community on Indian women and families. facilitate, with maximum involvement of In- colleges, other academic institutions, any (b) MEMBERSHIP.—Members of the task dian people, full development of their human public or private organizations, and tribal force shall be appointed by the Director. The and natural resource potential. governments that serve Indian peoples. task force shall include representatives from (2) The Bureau of Indian Affairs coordi- (8) To ensure training endeavors for Bu- Federal agencies and departments, relevant nates its activities with Indian tribal gov- reau of Indian Affairs offices and agencies at Indian organizations, State agencies and or- ernments, Federal agencies and depart- the national, area, and local levels to ensure ganizations, Indian tribal governments, in- ments, and other organizations and groups Bureau personnel and any other beneficiaries stitutions of higher education, and non- who share similar interests and programs re- of Bureau and other governmental programs governmental and private sector organiza- lated to Indians. understand the purposes and policies of the tions and institutions. (3) Bureau of Indian Affairs policies, pro- office established by this Act. (c) FUNCTIONS.—The policy task force shall: grams and projects impact directly and sig- (9) To develop policy-level programs, with (1) Ensure that the Policy Paper for Indian nificantly on the lives of America’s Indian the assistance of the Assistant Secretary and women and families prepared by the Bureau people. other senior-level personnel of the Bureau of of Indian Affairs articulates a set of goals, (4) The unique roles and responsibilities of Indian Affairs, to ensure that systems, direc- objectives, management strategies, and mon- Indian women contribute culturally, so- tives, management strategies and other re- itoring systems for the improvement of all cially, and economically to the well-being of lated methodologies are implemented to Federal programs, including programs of the Indian people, but these contributions are meet the purposes of this Act. often not fully realized and are undervalued (10) To strengthen the role of Indian Bureau of Indian Affairs, designed to im- and overlooked within the policies, program, women and families by developing and ensur- prove the quality of life of Indian women and and projects of the Bureau of Indian Affairs. ing culturally appropriate policies and pro- families. (5) Indian children have special edu- grams. (2) Recommend a permanent policy mecha- cational and social service needs to prepare (11) To encourage other actions that serve nism to be established in the Bureau of In- them for traditional tribal responsibilities to more fully integrate Indian women and dian Affairs for the continuous monitoring and nontribal social and employment oppor- families as participants in and agents for and refinement of policy and programs de- tunities. change in the Federal policy and program ac- signed to improve the quality of life of In- (6) The particular responsibilities, con- tivities of the Bureau of Indian Affairs. dian women and families. tributions, and needs of Indian women and SEC. 4. DEFINITIONS. (3) Recommend a permanent policy mecha- families can and should be taken into ac- As used in this Act: nism to be established in the Bureau of In- count to improve Bureau of Indian Affairs (1) The term ‘‘Indian woman’’ means a dian Affairs for the purpose of collecting and policy formulation and program operations woman who is a member of an Indian tribe. disseminating to Congress and the public infor the direct benefit of Indian women and (2) The term ‘‘Indian tribe’’ means any In- formation and other data relevant to the families and Indian people as a whole. dian tribe, band, nation, or other organized progress of the policy and programs designed (7) Bureau of Indian Affairs policies, pro- group or community, any Alaska Native vil- to improve the quality of life of Indian grams and projects, including its coordina- lage or regional or village corporation as de- women and families. tion and liaison with other Federal, State, fined in or established pursuant to the Alas- (d) TERMINATION.—The task force shall ter- and local entities, can be more responsive ka Native Claims Settlement Act (85 Stat. minate upon the expiration of 14 months fol- and enhanced when Indian women and fami- 688), which is recognized as eligible for spe- lowing the date of the enactment of this Act. lies are considered an integral element of the cial programs and services provided by the process as well as contributors to the success United States to Indians because of their SEC. 8. ASSISTANT SECRETARY OF INDIAN AF- of these policies, programs, and projects. status as Indians. FAIRS. (8) There is a need for an Office of Indian SEC. 5. ESTABLISHMENT OF OFFICE OF INDIAN The Assistant Secretary of Indian Affairs Women and Families in the Bureau of Indian WOMEN AND INDIAN FAMILIES. shall: Affairs for the purpose of encouraging and (A) ESTABLISHMENT.—There is established (1) Ensure that the Office receives ade- promoting the participation and integration in the Department of the Interior the ‘‘Office quate resources to carry out the purposes of of Indian women and families into Bureau of of Indian Women and Families’’ (hereinafter this Act. Indian Affairs policies, programs, projects, referred to as the ‘‘Office’’). (2) Ensure that senior-level staff members and activities, thereby improving the effec- (b) DIRECTOR.—The Office shall be under and other employees of the Bureau of Indian tiveness of its mandate and the status and the management of a director (hereinafter Affairs are participants in and responsible lives of Indian women and families. referred to as the ‘‘Director’’), who shall be for assisting in carrying out the purposes of SEC. 3. PURPOSES. appointed by the Assistant Secretary of In- this Act relating to the improvement of poli- The purposes of this Act are: dian Affairs. The Director shall report di- cies and programs of the Bureau of Indian (1) To identify and integrate the issues re- rectly to the Assistant Secretary of Indian Affairs. lated to Indian women and families into all Affairs. Bureau of Indian Affairs policies, programs, (c) COMPENSATION.—The Director shall be SEC. 9. REPORTING. projects, and activities. There will be a spe- compensated at the rate prescribed for level The Secretary of the Interior, acting cial emphasis on the economic well-being of IV of the Executive Schedule under section through the Bureau of Indian Affairs, shall, Indian women and families including em- 5313 of title 5, United States Code. on or before March 15 of each of the 2 cal- ployment and business opportunities. (d) TENURE.—The Director shall serve at endar years next following the calendar year (2) To establish an office to serve as a focal the discretion of the Assistant Secretary of in which this Act is enacted, and biennially point for all Federal Government policy Indian Affairs. thereafter, report to Congress on the issues affecting Indian women and families (e) VACANCY.—A vacancy in the position of progress of achieving the purposes of this for purposes of both economic and social de- Director shall be filled in the same manner Act. Such report shall include, but not be velopment. as the original appointment was made. limited to, information relative to the cur- (3) To collect data related to the specific (f) DUTIES.—The Director shall administer rent status of progress of the Bureau of In- roles, concerns, and needs of Indian women, the Office and carry out the purposes and dian Affairs’ policy on Indian women and In- and Indian families, and use such data to functions of this Act. The Director shall dian families in fulfilling its objectives, pro- support policy, program, and project imple- take such action as may be necessary in grams and projects, including how well the mentation throughout all offices of the Bu- order to integrate Indian women and family Bureau of Indian Affairs has operationally reau of Indian Affairs and other Federal issues into the Bureau of Indian Affairs poli- integrated the issue of Indian women and agencies, and to monitor the impacts of cies, programs, projects and activities. families into its overall policies, programs, these policies, programs and projects. SEC. 6. FUNCTIONS OF OFFICE. projects and activities. Such report shall in- (4) To enhance the economic and social It shall be the function of the Office to de- clude a review of data gathered to assess and participation of Indian women and families velop a Policy Paper for Indian women and improve the quality of life of Indian women

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2064 CONGRESSIONAL RECORD — SENATE February 2, 1995 and families, including specific recommenda- letter I received from the State Depart- ment rights of foreign terrorists. This tions to improve the education, health, em- ment on this matter confirmed that is an extreme misinterpretation of our ployment, economic, housing, social, and they interpret current law to require cherished Bill of Rights, which the other services within the Bureau of Indian them to issue a visa to Ghanoushi—an founders of our great nation intended Affairs relating to Indian women and families. acknowledged member of a terrorist to protect the liberties of all Ameri- organization—unless they can prove SEC. 10. AUTHORIZATIONS. cans. In my reading of the U.S. Con- Commencing with fiscal year 1994, and that he personally was involved in a stitution I see much about the protec- each fiscal year thereafter, there are author- terrorist act. Apparently his conviction of the safety and welfare of Ameri- ized to be appropriated for carrying out the tion in Tunisia for his part in an assas- cans, but nothing about protecting the provisions of this Act, $2,000,000.∑ sination plot against Tunisia’s pro- rights of foreign terrorists to travel Western President Ben Ali is not freely to the United States whenever By Ms. SNOWE (for herself and enough. Nor is the fact that he fled his they choose. Mr. BROWN): country after his underground Islamic Mr. President, I hope that this issue S. 347. A bill to amend the Immigra- fundamentalist terrorist group will be addressed swiftly by the 104th tion and Nationality Act to make launched violent attacks against the Congress. I hope that we do not put off membership in a terrorist organization Government. Nor, apparently, do his its consideration yet again, only to a basis of exclusion from the United virulently anti-Western and anti- have the issue suddenly reappear in re- States; to the Committee on the Judi- Israeli statements have any relevance action to what might have been an ciary. to the visa decisions, as far as the avoidable loss of American lives.∑ THE TERRORIST EXCLUSION ACT OF 1995 State Department is concerned. ∑ Ms. SNOWE. Mr. President, today I Mr. President, after the recent rash By Mr. NICKLES (for himself, am reintroducing legislation I origi- of terrorist bombings in Israel, Argen- Mr. DOLE, Mr. BOND, Mrs. nally drafted and introduced in the last tina, Panama, and Britain, many coun- HUTCHINSON, Mr. MCCONNELL, Congress as a Member of the other tries are waking up to their vulner- and Mr. LOTT): body. This legislation would deny U.S. ability to terrorists. As reported in the S. 348. A bill to provide for a review visas to known members of terrorist July 28, 1994 Christian Science Mon- by the Congress of rules promulgated organizations. itor, the British Parliament is consid- by agencies, and for other purposes; to Under current law, a visa can be de- ering enacting legislation similar to the Committee on Governmental Af- nied to a known member of a terrorist this bill. Furthermore, this fall, the fairs. organization only if the United States Anti-Defamation League—an organiza- THE REGULATORY OVERSIGHT ACT has compelling evidence that the indi- tion whose very purpose is to protect ∑ Mr. NICKLES. Mr. President, I am vidual was personally involved in a the civil and religious liberties of all introducing legislation to provide for a past terrorist act or if it is known that Americans—also included my bill in 45-day layover of Federal regulations the person is coming to the United their proposed legislative package on to permit Congress to review and, po- States to conduct such an act. Current terrorism. tentially, reject regulations before law requires extraordinary steps to It is well known that many foreign they become final. override the presumption that mere terrorist organizations depend on The Regulatory Oversight Act will membership in a terrorist group is not money raised in the United States for a improve the opportunity for Congress grounds for denying a visa. high-level major portion of their funding. There to ensure Federal agencies are properly determination is required by the Sec- are also disturbing indications that carrying out congressional intent. All retary of State that permitting entry many of these organizations are work- too often agencies issue regulations of the individual will be damaging to ing to develop networks of members which go beyond the sense of reason. American foreign policy interests. My and supporters in our own country. This act provides a 45-day period fol- legislation will reverse that presump- Last week, the administration took the lowing publication of a final rule be- tion. Under this bill, a known member useful step of freezing the U.S. assets fore that rule may become effective. of a group that conducts acts of ter- of certain terrorist organizations work- This 45-day period will provide Con- rorism will be excluded from the ing against the peace process in the gress with an opportunity to review United States unless the Secretary of Middle East. But this action needs to the rule and enact, if it so chooses, a State determines on an individual basis be strengthened by also slamming the joint resolution of disapproval on a that granting the visa would advance door on members of terrorist organiza- fast-track basis. U.S. foreign policy interests. tions who continue to travel freely to Significant final rules, which the act I discovered this dangerous loophole and within our country unfettered by defines as final rules that increase in our immigration laws last Congress our visa laws. compliance costs on State, local, and during my investigation of the State Mr. President, I am confident that in tribal governments and the private sec- Department failures that allowed the the Senate this matter will receive the tor of at least $100 million in any year radical Egyptian cleric, Sheikh Omar kind of fair treatment here that it de- may not take effect until at least 45 Abdel Rahman, to travel to and reside serves. I also note and welcome recent days after the rule is published. This is in the United States since 1990. Sheikh statements by the administration the same threshold in the unfunded Rahman is the spiritual leader of claiming that it too is now taking the mandates bill. Under current law, most Egypt’s terrorist organization, the Is- terrorism issue seriously. After finding rules already are delayed by 30 days lamic Group. His followers have been no need for my legislation last Con- pending the filing of an appeal. The convicted for the 1993 bombing of the gress, on January 20, 1995, the Sec- delay of 45 days is provided in this act World Trade Center in New York, and retary of State gave a speech at Har- to avoid economic uncertainties and the Sheikh himself is now on trial for vard University in which he announced harm from these very large and bur- his alleged role in planning and approv- that the administration was going to densome rules during the congressional ing a second wave of terrorist acts in strengthen its efforts against inter- review period. the New York City area. national terrorism. He specifically Final regulations addressing threats Last year, I also found out through stated, ‘‘we will toughen standards for to imminent health or safety, or other the investigation of the senior Senator obtaining visas for international crimi- emergencies, criminal law enforce- from Colorado [Mr. BROWN] that the nals to gain entry to this country.’’ I ment, or matters of national security, State Department has in the past used hope this means that the administra- could be exempted by Executive order this legal loophole to grant a visa to tion is finally willing to support legis- from the postponement of the effective Tunisia’s Sheikh Rashid el-Ghanoushi, lation needed to accomplish this goal. date provided in the bill. However, a the convicted leader of the Islamic fun- The urgency of passing the Terrorist joint resolution of disapproval would damentalist terrorist organization Exclusion Act comes from the sad still be eligible for fast-track consider- Ennadha. At this very moment, the truth that every day American lives ation. State Department is still considering a continue to be put at risk out of def- Although a joint resolution may be visa request by Sheikh Ghanoushi. A erence to some imagined first amend- introduced by any Member of Congress,

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2065 the fast-track process for floor consid- law after submission to Congress under para- not reported such resolution (or an identical eration of the joint resolution of dis- graph (1). resolution) at the end of 20 calendar days approval is only available under two ‘‘(c) A rule shall not take effect as a final after the submission or publication date de- rule, if the Congress passes a joint resolution conditions: First, if the authorizing fined under paragraph (2)(B), such committee of disapproval described under subsection may be discharged by the Majority Leader of committee reports out the resolution; (h). the Senate or the Majority Leader of the or second, if the majority leader of ei- ‘‘(d)(1) Notwithstanding any other provi- House of Representatives, as the case may ther House of Congress discharges the sion of this section (except subject to para- be, from further consideration of such reso- committee. The joint resolution, if graph (3)), a rule that would not take effect lution and such resolution shall be placed on passed by both Houses, would be sub- by reason of this section may take effect, if the appropriate calendar of the House in- the President makes a determination under volved. ject to a Presidential veto and, in turn, paragraph (2) and submits written notice of a possible veto override. such determination to the Congress. ‘‘(4)(A) When the committee to which a In reality, perhaps only a few regula- ‘‘(2) Paragraph (1) applies to a determina- resolution is referred has reported, or when a tions will be rejected by this process. tion made by the President by Executive committee is discharged (under paragraph But by providing a mechanism to hold order that the rule should take effect be- (3)) from further consideration of, a resolu- Federal agencies accountable before it cause such rule is— tion described in paragraph (1), it is at any time thereafter in order (even though a pre- is too late, the Regulatory Oversight ‘‘(A) necessary because of an imminent threat to health or safety or other emer- vious motion to the same effect has been dis- Act makes an important contribution gency; agreed to) for any Member of the respective to the critical regulatory reform effort. ‘‘(B) necessary for the enforcement of House to move to proceed to the consider- At this time I would like to ask criminal laws; or ation of the resolution, and all points of unanimous consent that a detailed ‘‘(C) necessary for national security. order against the resolution (and against summary and the text of the Regu- ‘‘(3) An exercise by the President of the au- consideration of the resolution) are waived. latory Oversight Act to be printed in thority under this subsection shall have no The motion is highly privileged in the House effect on the procedures under subsection (h) of Representatives and is privileged in the the RECORD. Senate and is not debatable. The motion is There being no objection, the mate- or the effect of a joint resolution of disapproval under this section. not subject to amendment, or to a motion to rial was ordered to be printed in the ‘‘(4) This subsection and an Executive postpone, or to a motion to proceed to the RECORD, as follows: order issued by the President under this sub- consideration of other business. A motion to S. 348 section shall not be subject to judicial re- reconsider the vote by which the motion is Be it enacted by the Senate and House of Rep- view by a court of the United States. agreed to or disagreed to shall not be in ‘‘(e)(1) The provisions of subsection (h) resentatives of the United States of America in order. If a motion to proceed to the consider- shall apply to any rule that is published in Congress assembled, ation of the resolution is agreed to, the reso- the Federal Register (as a rule that shall SECTION 1. CONGRESSIONAL REVIEW OF RULES. lution shall remain the unfinished business take effect as a final rule) during the period of the respective House until disposed of. (a) SHORT TITLE.—This Act may be cited as beginning on the date occurring 60 days be- the ‘‘Regulatory Oversight Act of 1995’’. fore the date the Congress adjourns sine die ‘‘(B) Debate on the resolution, and on all (b) IN GENERAL.—Chapter 5 of title 5, through the date on which the succeeding debatable motions and appeals in connection United States Code, is amended by inserting Congress first convenes. therewith, shall be limited to not more than after section 553 the following new section: ‘‘(2) For purposes of subsection (h), a rule 10 hours, which shall be divided equally be- ‘‘§ 553a. Congressional review of rules described under paragraph (1) shall be treat- tween those favoring and those opposing the resolution. A motion further to limit debate ‘‘(a) For purposes of this section the term ed as though such rule were published in the is in order and not debatable. An amendment ‘significant rule’ means any rule that may Federal Register (as a rule that shall take ef- to, or a motion to postpone, or a motion to have an annual effect on the economy of fect as a final rule) on the date the suc- proceed to the consideration of other busi- $100,000,000 or more or adversely affect in a ceeding Congress first convenes. ness, or a motion to recommit the resolution material way the economy, a sector of the ‘‘(3) During the period beginning on the is not in order. A motion to reconsider the economy, productivity, competition, jobs, date the Congress adjourns sine die through vote by which the resolution is agreed to or the environment, public health or safety, or the date on which the succeeding Congress disagreed to is not in order. State, local, or tribal governments or com- first convenes, a rule described under para- munities. graph (1) shall take effect as a final rule as ‘‘(C) Immediately following the conclusion ‘‘(b)(1) Before a rule takes effect as a final otherwise provided by law. of the debate on a resolution described in ‘‘(f) Any rule that takes effect and later is rule, the agency promulgating such rule paragraph (1), and a single quorum call at made of no force or effect by the enactment shall submit to the Congress a report con- the conclusion of the debate if requested in of a joint resolution under subsection (h) taining— accordance with the rules of the appropriate shall be treated as though such rule had ‘‘(A) a copy of the rule; House, the vote on final passage of the reso- never taken effect. lution shall occur. ‘‘(B) a concise general statement relating ‘‘(g) If the Congress does not enact a joint to the rule; resolution of disapproval under subsection ‘‘(D) Appeals from the decisions of the ‘‘(C) the proposed effective date of the rule; (h), no court or agency may infer any intent Chair relating to the application of the rules and of the Congress from any action or inaction of the Senate or the House of Representa- ‘‘(D) a complete copy of the cost benefit of the Congress with regard to such rule, re- tives, as the case may be, to the procedure analysis of the rule, if any. lated statute, or joint resolution of dis- relating to a resolution described in para- ‘‘(2) A significant rule relating to a report approval. graph (1) shall be decided without debate. submitted under paragraph (1) shall take ef- ‘‘(h)(1) For purposes of this subsection, the fect as a final rule, the latest of— ‘‘(5) If, before the passage by one House of term ‘joint resolution’ means only a joint a resolution of that House described in para- ‘‘(A) the later of the date occurring 45 days resolution introduced after the date on after the date on which— graph (1), that House receives from the other which the report referred to in subsection (b) House a resolution described in paragraph ‘‘(i) the Congress receives the report sub- is received by Congress the matter after the mitted under paragraph (1); or (1), then the following procedures shall resolving clause of which is as follows: ‘That apply: ‘‘(ii) the rule is published in the Federal Congress disapproves the rule submitted by Register; ‘‘(A) The resolution of the other House the llll relating to llll, and such shall not be referred to a committee. ‘‘(B) if the Congress passes a joint resolu- rule shall have no force or effect. (The blank tion of disapproval described under sub- ‘‘(B) With respect to a resolution described spaces being appropriately filled in.)’. in paragraph (1) of the House receiving the section (h) relating to the rule, and the ‘‘(2)(A) A resolution described in paragraph President signs a veto of such resolution, the resolution— (1) shall be referred to the committees in ‘‘(i) the procedure in that House shall be earlier date— each House of Congress with jurisdiction. ‘‘(i) on which either House of Congress the same as if no resolution had been re- Such a resolution may not be reported before ceived from the other House; but votes and fails to override the veto of the the eighth day after its submission or publi- President; or ‘‘(ii) the vote on final passage shall be on cation date. the resolution of the other House. ‘‘(ii) occurring 30 session days after the ‘‘(B) For purposes of this subsection the date on which the Congress received the veto term ‘submission or publication date’ means ‘‘(6) This subsection is enacted by Con- and objections of the President; or the later of the date on which— gress— ‘‘(C) the date the rule would have other- ‘‘(i) the Congress receives the report sub- ‘‘(A) as an exercise of the rulemaking wise taken effect, if not for this section (un- mitted under subsection (b)(1); or power of the Senate and House of Represent- less a joint resolution of disapproval under ‘‘(ii) the rule is published in the Federal atives, respectively, and as such it is deemed subsection (h) is enacted). Register. a part of the rules of each House, respec- ‘‘(3) Except for a significant rule, a rule ‘‘(3) If the committee to which is referred tively, but applicable only with respect to shall take effect as otherwise provided by a resolution described in paragraph (1) has the procedure to be followed in that House in

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2066 CONGRESSIONAL RECORD — SENATE February 2, 1995 the case of a resolution described in para- fect on State, local, and tribal governments has been such that on average fewer graph (1), and it supersedes other rules only and the private sector of at least $100 million than 200 eligible families are served in to the extent that it is inconsistent with in any year, may not take effect until at each calendar year. such rules; and least 45 days after the rule is published. How- The bill we are introducing today ‘‘(B) with full recognition of the constitu- ever, ‘‘significant’’ final regulations address- tional right of either House to change the ing imminent threats to health and safety, will provide 2 more years of authority rules (so far as relating to the procedure of or other emergencies, criminal law enforce- for appropriations for the relocation that House) at any time, in the same man- ment, or matters of national security, may housing program. It is my under- ner, and to the same extent as in the case of be exempted by Executive Order from the 45- standing that Office of Navajo and Hopi any other rule of that House.’’. day minimum delay in the effective date. Indian Relocation is in the process of (c) TECHNICAL AND CONFORMING AMEND- The decision by the President to exempt any preparing a report for the appropria- MENT.—The table of sections for chapter 5 of significant final rule from the delay is not tions committees which will provide title 5, United States Code, is amended by in- subject to judicial review. Under current information on the amount of funding serting after the item relating to section 553 law, most rules already are delayed by 30 the following: days pending the filing of an appeal. The necessary to complete the relocation delay of 45 days is provided in this Act to program and an estimate of the time ‘‘553a. Congressional review of rules.’’. avoid economic uncertainties and harm from this will take. I look forward to review- (d) EFFECTIVE DATE.—This Act shall take these very large and burdensome rules during that report. I also look forward to effect on the date of the enactment of this ing the congressional review period. the hearing on this bill because it will Act and shall apply to any significant rule The effective date of the ‘‘significant’’ provide an opportunity for the Com- that takes effect as a final rule on or after final rule would not go into effect after the mittee on Indian Affairs to evaluate such effective date. 45-day period if the resolution of disapproval has passed both Houses within that time. If the relocation housing program to ensure that it is being operated as fairly THE REGULATORY OVERSIGHT ACT OF 1995 the joint resolution of disapproval is vetoed, the effective date of the final rule will con- and efficiently as possible. A bill to amend the Administrative Proce- tinue to be postponed until 30 legislative Mr. President, I ask unanimous con- dures Act to provide for a 45-day period dur- days have passed after the veto, or the date ing which the Congress may enact a joint sent that the bill be printed in the on which either House fails to override the resolution of disapproval under a ‘‘fact RECORD. veto, whichever is earlier. track’’ procedure. There being no objection, the bill was Generally, judicially-ordered deadlines Provides a 45-day period after publication would still apply to the dates agencies must ordered to be printed in the RECORD. of any final rule by a federal agency, during issue the final rule, but would not apply to S. 349 which the Congress has an opportunity to re- the 45-day postponement of the effective date view the rule and, if it chooses, enact a joint Be it enacted by the Senate and House of Rep- for ‘‘significant’’ rules.∑ resolution of disapproval on a fast-track resentatives of the United States of America in basis. The joint resolution of disapproval Congress assembled, By Mr. MCCAIN (for himself and would declare that the rule has no force or SECTION 1. REAUTHORIZATION OF APPROPRIA- effect. Mr. KYL): TIONS FOR THE NAVAJO-HOPI RELO- CATION HOUSING PROGRAM. The joint resolution of disapproval may be S. 349. A bill to reauthorize appro- vetoed by the President, and Congress has priations for the Navajo-Hopi Reloca- Section 25(a)(8) of Public Law 93–531 (25 the opportunity to override the veto. tion Housing Program; to the Com- U.S.C. 640d–24(a)(8)) is amended by striking Upon issuing a final rule, a federal agency mittee on Indian Affairs. ‘‘1989,’’ and all that follows through ‘‘and 1995.’’ and inserting ‘‘1995, 1996, and 1997.’’.∑ must send to Congress a report containing a THE NAVAJO-HOPI RELOCATION HOUSING copy of the rule and the complete cost/ben- PROGRAM REAUTHORIZATION ACT By Mr. BOND: efit analysis, if any, prepared for the rule. ∑ Mr. MCCAIN. Mr. President, today I S. 350. A bill to amend chapter 6 of The 45-day period for congressional review am introducing a bill to reauthorize would begin on the date the Congress re- title 5, United States Code, to modify ceives the agency’s report on the rule, or on appropriations for the Navajo-Hopi Re- the judiciary review of regulatory the date the final rule is published in the location Housing Program. I am flexibility analyses, and for other pur- Federal Register, whichever, is later. Any pleased that Senator KYL has joined poses; to the Committee on the Judici- Senator or Representative may introduce a me on this bill as an original cospon- ary. resolution of disapproval, which will be re- sor. ferred to the committees of jurisdiction. I believe that most of my colleagues REGULATORY FLEXIBILITY AMENDMENTS ACT ∑ Congress will have 45 days to review final have at least some familiarity with the Mr. BOND. Mr. President, today I am rules and consider a resolution of dis- tragic land disputes which have divided introducing the Regulatory Flexibility approval, under the expedited procedures es- Amendments Act of 1995. The Regu- tablished in this Act. All final rules that are the Navajo and Hopi Tribes for more than a century. In 1974 the Congress latory Flexibility Act is of paramount published less than 60 days before a Congress importance to the 21 million U.S. small adjourns sine die, or that are published dur- acted to try to bring about a resolution ing sine die adjournment, shall be eligible of those disputes through a partition of businesses. Small businesses employ 54 for review and ‘‘fast track’’ disapproval pro- the disputed lands and the relocation percent of the U.S. work force, account cedures for 45 days beginning on the date the of the members of each tribe from the for 44 percent of all sales, and generate new Congress convenes. lands partitioned to the other tribe. 39 percent of our gross domestic prod- If the committee of jurisdiction has not re- This has proven to be a difficult and uct. ported the resolution of disapproval within Government regulations place ex- 20 calendar days from the date the rule is contentious process and the original Settlement Act has been amended traordinary burdens on small busi- published in the Federal Register, the Major- nesses, and the result is to hinder their ity Leader of the Senate and the Majority twice to try to resolve problems which Leader of the House of Representatives, re- arose in its implementation. ability to compete at home and in the spectively, may discharge the committee(s) Since the enactment of the Settle- global marketplace. However, the Reg- and place the resolution of disapproval di- ment Act, 4,432 Navajo and Hopi fami- ulatory Flexibility Act, Reg Flex Act, rectly on the Calendar. lies have applied for relocation bene- if properly implemented and appro- Once the resolution of disapproval is fits. Of those, 3,255 have been certified priately strengthened, can help ease placed on the Calendar by the appropriate the regulatory burdens on small busi- committee or by the Majority Leader, any eligible and 11,177 have been denied benefits. Of those who were denied ben- nesses. I am very pleased the small senator may make a motion to proceed to business community endorses my bill. the resolution. The motion to proceed is efits, 223 are engaged in active appeals. privileged and is not debatable. Once the A total of 2,434 families had been relo- Furthermore, President Clinton has ex- Senate has voted to proceed to the resolu- cated as of the end of 1994 and 544 eligi- pressed his strong support for judicial tion of disapproval, debate on the resolution ble families were awaiting their bene- review to permit small businesses to of disapproval is limited to ten hours, equal- fits. challenge Federal agencies under the ly divided, with no motions (other than mo- Most of the 544 families still awaiting Reg Flex Act. tion to further limit debate) or amendments benefits long ago complied with the THE REGULATORY FLEXIBILITY ACT in order. If the resolution passes one body, it is eligible for immediate consideration on law and voluntarily left their homes The Reg Flex Act is based on two the Floor of the other body. which are located on lands partitioned premises. First, Federal departments ‘‘Significant’’ final rules, which the Act de- to the other tribe. Unfortunately, the and agencies often do not recognize the fines as final rules that have an economic ef- pace of the relocation housing program impact of rules on small businesses.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2067 Second, small businesses are dispropor- Act. As long as Federal departments ADDITIONAL COSPONSORS tionately affected by Federal regula- and agencies continue to act in this S. 47 tions compared to their larger counter- manner, small businesses will be the parts. big losers. At the request of Mr. SARBANES, the The Reg Flex Act was enacted to re- name of the Senator from Maryland MEANS TO STRENGTHEN AGENCY COMPLIANCE duce, where appropriate, the impact of [Ms. MIKULSKI] was added as a cospon- WITH THE REG FLEX ACT Federal regulations on small business. sor of S. 47, a bill to amend certain pro- The Reg Flex Act requires Federal My Regulatory Flexibility Act visions of title 5, United States Code, agencies to assess the impact of their Amendment has one critical element: in order to ensure equality between proposals on small businesses. Agencies repeal the prohibition against judicial Federal firefighters and other employ- have two options under the statute— review. ees in the civil service and other public performing a regulatory flexibility The Reg Flex Act requires Federal sector firefighters, and for other pur- analysis or issuing a certification. departments and agencies to consider poses. An agency certifies a rule if it deter- the impact of their actions on small S. 50 mines the rule will not have a signifi- businesses. However, in 1980, the au- At the request of Mr. LOTT, the name cant economic impact on a substantial thors of the act were concerned a liti- of the Senator from Delaware [Mr. number of small businesses. The cer- gation explosion might result under ROTH] was added as a cosponsor of S. tification must be announced in the— this law. The rationale being that busi- 50, a bill to repeal the increase in tax Federal Register and must be accom- nesses would attempt to delay the im- on social security benefits. panied by ‘‘a succinct statement ex- plementation of regulations through S. 205 plaining the reasons for such certifi- court action. To prevent this problem, cation.’’ Boilerplate statements that the sponsors included a provision ex- At the request of Mrs. BOXER, the the rule will not have such an effect cluding separate judicial challenges to name of the Senator from Hawaii [Mr. are inadequate under the Reg Flex Act. agency compliance with the Reg Flex AKAKA] was added as a cosponsor of S. An agency assessment that reveals Act. 205, a bill to amend title 37, United the rule will have a significant eco- States Code, to revise and expand the Today, we realize it is highly un- nomic impact on a substantial number prohibition on accrual of pay and al- likely there would be a flood of litiga- of small businesses requires the agency lowances by members of the Armed tion if judicial review is permitted to prepare a regulatory flexibility Forces who are confined pending dis- under the Reg Flex Act. The fact is, analysis. The analysis must contain: a honorable discharge. most small businesses do not have the description of the reasons why the ac- financial resources to bring frivolous, S. 219 tion is being considered; a succinct unfounded lawsuits. However, my bill At the request of Mr. NICKLES, the statement of the objectives of and legal will insure that small business have name of the Senator from South Da- basis for the action; a description and the opportunity to challenge regu- kota [Mr. PRESSLER] was added as a co- estimate of the number of small busi- lators who attempt to avoid the Reg sponsor of S. 219, a bill to ensure econ- nesses affected by the agency action; a Flex Act. As a consequence, my col- omy and efficiency of Federal Govern- detailed description of the reporting, leagues should not be fooled by the ment operations by establishing a mor- recordkeeping, and other compliance ‘‘red herring’’ of a threat of litigation atorium on regulatory rulemaking ac- requirements with special attention to explosion. tions, and for other purposes. the affected small businesses; and any duplicative Federal regulations. The ability of agencies to ignore S. 233 Additionally, the analysis must de- their responsibilities under the Reg At the request of Mr. MCCAIN, the scribe and examine significant alter- Flex Act is enhanced by the con- name of the Senator from Mississippi natives to the proposed rule which can spicuous absence of judicial review [Mr. LOTT] was added as a cosponsor of accomplish the objectives of the agen- under the act. Without judicial review, S. 233, a bill to provide for the termi- cy, but which minimize the economic compliance rests upon each agency’s nation of reporting requirements of impact on small businesses. Significant voluntary commitment to utilize the certain executive reports submitted to alternatives may include but are not Reg Flex Act in its quest for rational the Congress, and for other purposes. limited to: First establishment of dif- rulemaking mandated by the Adminis- S. 241 trative Procedure Act [APA]. fering compliance or reporting require- At the request of Mr. D’AMATO, the ments that take into account the re- Small businesses do not need vol- name of the Senator from Ohio [Mr. sources available to small businesses; untary commitments, they need con- DEWINE] was added as a cosponsor of S. second, the use of performance rather crete action. The primary means to ac- 241, a bill to increase the penalties for than design standards; and third, ex- complish mandatory compliance will sexual exploitation of children, and for emptions of small businesses from all be to authorize small businesses hurt other purposes. or part of the rule. When an agency by an agency’s failure to comply with S. 256 promulgates a final rule under section the Reg Flex Act to challenge that 553 of the Reg Flex Act, it must explain agency in federal court. That is what At the request of Mr. DOLE, the name why it did not adopt other alternatives my bill does. of the Senator from Mississippi [Mr. to minimize the effects on small busi- COCHRAN] was added as a cosponsor of CONCLUSION nesses which were presented to the S. 256, a bill to amend title 10, United agency during the rulemaking process. Mr. President, the Regulatory Flexi- States Code, to establish procedures for determining the status of certain miss- WHY AMEND THE REG FLEX ACT? bility Amendments Act of 1995 will Unfortunately, too many Federal help curtail excessive regulation by ing members of the Armed Forces and regulators fail to exercise their respon- Government bureaucrats. Further- certain civilians, and for other pur- sibilities under the Reg Flex Act. When more, it will add teeth to the Reg Flex poses. government agencies fail to comply Act and give small businesses a legal S. 326 with the act, they impose significant means for countering continued viola- At the request of Mr. HATFIELD, the and burdensome requirements on small tions of the act. The Reg Flex Act, if name of the Senator from Arkansas businesses and thereby threaten their properly implemented and appro- [Mr. PRYOR] was added as a cosponsor viability. All too often, these agencies priately strengthened, can help ease of S. 326, a bill to prohibit U.S. mili- view the act as nothing more than an- the regulatory burdens on small busi- tary assistance and arms transfers to other procedural impediment to the nesses. Regulatory relief will create foreign governments that are undemo- adoption of a particular rule. As a re- greater opportunities for small busi- cratic, do not adequately protect sult, agencies issue boilerplate certifi- nesses, more jobs for American work- human rights, are engaged in acts of cations without performing the under- ers, and will expand the U.S. economy. armed aggression, or are not fully par- lying assessment of impacts on small I urge my colleagues to support this ticipating in the United Nations Reg- businesses required by the Reg Flex reform of the Reg Flex Act.∑ ister of Conventional Arms.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2068 CONGRESSIONAL RECORD — SENATE February 2, 1995 AMENDMENTS SUBMITTED ‘‘§ 632. Applicability when preparing any risk assessment, wheth- ‘‘(a) Except as provided in subsection (b), er or not required by section 634, to ensure this subchapter shall apply to all risk assess- that the risk assessment and all of its com- THE COMPREHENSIVE REGU- ments and risk characterizations prepared ponents— LATORY REFORM ACT OF 1995 by, or on behalf of, or prepared by others and ‘‘(A) distinguish scientific findings and adopted by, any agency in connection with best estimates of risk from other consider- health, safety, and risk to natural resources. ations; DOLE (AND OTHERS) AMENDMENT ‘‘(b)(1) This subchapter shall not apply to ‘‘(B) are, to the maximum extent prac- NO. 229 risk assessments or risk characterizations ticable scientifically objective, unbiased and performed with respect to— (Ordered referred to the Committee inclusive of all relevant data; and ‘‘(A) a situation that the head of the agen- ‘‘(C) rely, to the extent available and prac- on the Judiciary.) cy considers to be an emergency; ticable, on scientific findings. Mr. DOLE (for himself, Mr. NICKLES, ‘‘(B) a rule that authorizes the introduc- Mr. BOND, Mrs. HUTCHISON, Mr. MUR- tion into commerce, or recognizes the mar- ‘‘(2) Discussions or explanations required KOWSKI, Mr. LOTT, Mr. COCHRAN, Mr. ketable status of a product; or under this section need not be repeated in HATCH, Mr. DOMENICI, Mrs. KASSEBAUM, ‘‘(C) a screening analysis. each risk assessment document as long as ‘‘(2)(A) An analysis shall not be treated as Mr. COATS, Mr. ABRAHAM, Mr. INHOFE, there is a reference to the relevant discus- screening analysis for the purposes of para- Mr. SMITH, Mr. SANTORUM, Mr. THOMP- sion or explanation in another agency docu- graph (1)(B) if the result of the analysis is ment. SON, Mr. WARNER, Mr. KYL) submitted used— an amendment intended to be proposed ‘‘(i) as the basis for imposing a restriction ‘‘(b) The principles to be applied when pre- by them to the bill (S. 343) to reform on a substance or activity; or paring risk assessments are as follows: the regulatory process, and for other ‘‘(ii) to characterize a positive finding of ‘‘(1)(A) When assessing human health risks, purposes; as follows: risks from a substance or activity in any a risk assessment shall be based on the most reliable laboratory, epidemiological, and ex- At the appropriate place add the following: agency document or other communication posure assessment data that finds, or fails to ‘‘SUBCHAPTER III—RISK ASSESSMENTS made available to the public, the media, or Congress. find, a correlation between a health risk and ‘‘§ 631. Definitions ‘‘(B) Among the analyses that may be a potential toxin or activity. Other relevant ‘‘For purposes of this subchapter: treated as a screening analyses for the pur- data may be summarized. ‘‘(1) The term ‘best estimate’ means an es- poses of paragraph (1)(B) are product reg- ‘‘(B) When conflicts among such data ap- timate that, to the extent feasible and sci- istrations, reregistrations, tolerance set- pear to exist, or when animal data are used entifically appropriate, is based on one or tings, and reviews of premanufacture notices as a basis to assess human health, the assess- more of the following: and existing chemicals under the Federal In- ment shall include discussion of possible rec- ‘‘(A) Central estimates of risk using the secticide, Fungicide and Rodenticide Act (7 onciliation of conflicting information, and, most plausible assumptions. U.S.C. 136 et seq.) and the Toxic Substances as appropriate, differences in study designs, ‘‘(B) An approach that combines multiple Control Act (15 U.S.C. 2601 et seq.). comparative physiology, routes of exposure, estimates based on different scenarios and ‘‘(3) This subchapter shall not apply to any bioavailability, pharmacokinetics, and any weighs the probability of each scenario. food, drug, or other product label or to any other relevant factor, including the avail- ‘‘(C) Any other methodology designed to risk characterization appearing on any such ability of raw data for review. Greatest em- provide the most unbiased representation of label. phasis shall be placed on data that indicates the most plausible level of risk, given the ‘‘§ 633. Rule of construction a biological basis of the resulting harm in current scientific information available to ‘‘Nothing in this subchapter shall be con- humans. Animal data shall be reviewed with the agency concerned. strued to— regard to relevancy to humans. ‘‘(2) The term ‘emergency’ means a clearly ‘‘(1) preclude the consideration of any data ‘‘(2) When a risk assessment involves selec- imminent and substantial endangerment to or the calculation of any estimate to more tion of any significant assumption, infer- public health, safety, or natural resources. fully describe risk or provide examples of ence, or model, the agency shall— ‘‘(3) The term ‘hazard identification’ means scientific uncertainty or variability; or ‘‘(A) describe the plausible and alternative identification of a substance, activity, or ‘‘(2) require the disclosure of any trade se- assumptions, inferences, or models; condition as potentially posing a risk to cret or other confidential information. ‘‘(B) explain the basis for any choices human health or safety or natural resources among such assumptions, inferences, or mod- based on empirical data, measurements, ‘‘§ 634. Requirement to prepare risk assessments els; testing, or scientifically acceptable methods ‘‘(C) identify any policy or value judg- ‘‘(a) Except as provided in section 632, the showing that it has caused significant ad- ments involved in choosing from among such head of each agency shall prepare for each verse effects at some levels of dose or expo- alternative assumptions, inferences, or mod- major rule relating to human health, safety, sure not necessarily relevant to level of dose els; or natural resources that is proposed by the or exposure that are normally expected to ‘‘(D) fully describe any model used in the agency after the date of enactment of this occur. risk assessment and make explicit the as- subchapter, is pending on the date of enact- ‘‘(4) The term ‘negative data’ means data sumptions incorporated in the model; and ment of this subchapter, or is subject to a indicating that under certain conditions a ‘‘(E) indicate the extent to which any sig- granted petition for cost-benefit analysis given substance or activity did not induce an nificant model has been validated by, or con- pursuant to section 625 or petition for review adverse effect. flicts with, empirical data. pursuant to section 637— ‘‘(5) The term ‘plausible’ means realistic ‘‘(3) A risk assessment shall be prepared at ‘‘(1) a risk assessment in accordance with and scientifically probable. the level of detail appropriate and prac- this subchapter; ‘‘(6) The term ‘risk assessment’ means— ticable for reasoned decisionmaking on the ‘‘(2) for each such proposed or final rule, an ‘‘(A) the process of identifying hazards, and matter involved, taking into consideration assessment, quantified to the extent feasible, quantifying (to the extent practicable) or de- the significance and complexity of the deci- of incremental risk reduction or other bene- scribing the degree of toxicity, exposure, or sion and any need for expedition. other risk the hazards pose for exposed indi- fits associated with each significant regu- viduals, populations, or resources; and latory alternative to the rule or proposed ‘‘§ 636. Principles for risk characterization ‘‘(B) the document containing the expla- rule; and and communication nation of how the assessment process has ‘‘(3) for each such proposed or final rule, been applied to an individual substance, ac- quantified to the extent feasible, a compari- ‘‘In characterizing risk in any risk assess- tivity, or condition. son of any human health, safety, or natural ment document, regulatory proposal or deci- ‘‘(7) The term ‘risk characterization’— resource risks addressed by the regulatory sion, report to Congress, or other document ‘‘(A) means the element of a risk assess- alternatives to other relevant risks chosen that is made available to the public, each ment that involves presentation of the de- by the head of the agency, including at least agency characterizing the risk shall comply gree of risk to individuals and populations 3 other risks regulated by the agency and to with each of the following: expected to be protected, as presented in any at least 3 other risks with which the public ‘‘(1)(A) The head of the agency shall de- regulatory proposal or decision, report to is familiar. scribe the populations or natural resources Congress, or other document that is made ‘‘(b) A risk assessment prepared pursuant that are the subject of the risk characteriza- available to the public; and to this subchapter shall be a component of tion. ‘‘(B) includes discussions of uncertainties, and used to develop the cost-benefit analysis ‘‘(B) If a numerical estimate of risk is pro- conflicting data, estimates, extrapolations, required by subchapter II, and shall be made vided, the head of the agency, to the extent inferences, and opinions. part of the administrative record for judicial feasible and scientifically appropriate— ‘‘(8) The term ‘substitution risk’ means a review of any final agency action. ‘‘(i) shall provide— potential increased risk to human health, ‘‘§ 635. Principles for risk assessment ‘‘(I) the best estimate or estimates for the safety, or the environment from a regulatory ‘‘(a)(1) The head of each agency shall apply specific populations or natural resources option designed to decrease other risks. the principles set forth in subsection (b) which are the subject of the characterization

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2069 (based on the information available to the ‘‘(A) the risk assessment is inconsistent ‘‘(1) identifying which risks the agency has department, agency, or instrumentality) or, with the principles set forth in section 635 determined are the most serious and can be in lieu of a single best estimate, an array of and 636; addressed in a cost-effective manner under multiple estimates (showing the distribution ‘‘(B) the risk assessment produces substan- subsection (a), and the basis for that deter- of estimates and the best estimate) based on tially different results; mination; assumptions, inferences, or models which are ‘‘(C) the risk assessment is inconsistent ‘‘(2) explicitly identifying how the agency’s equally plausible, given current scientific with a rule issued under subsection (a); or requested funds will be used to address those understanding; ‘‘(D) the risk assessment does not take risks; ‘‘(II) a statement of the reasonable range into account material significant new sci- ‘‘(3) identifying any statutory, regulatory, of scientific uncertainties; and entific data or scientific understanding. or administrative obstacles to allocating ‘‘(III) to the extent practicable and appro- ‘‘(2) Not later than 90 days after receiving agency resources in accordance with the pri- priate, descriptions of the distribution and a petition under paragraph (1), the head of orities established under subsection (a); and probability of risk estimates to reflect dif- the agency shall respond to the petition by ‘‘(4) explicitly considering the require- ferences in exposure variability in popu- agreeing or declining to review the risk as- ments of subsection (a) when preparing the lations and uncertainties; sessment referred to in the petition, and agency’s regulatory agenda or other stra- ‘‘(ii) in addition to a best estimate or esti- shall state the basis for the decision. tegic plan, and providing an explanation of mates, may present plausible upper-bound or ‘‘(3) If the head of the agency agrees to re- how the agenda or plan reflects those re- conservative estimates, but only in conjunc- view the petition, the agency shall complete quirements and the comparative risk anal- tion with equally plausible lower-bound esti- its review within 180 days, unless the Direc- ysis when publishing any such agenda or mates; and tor of the Office of Management and Budget strategic plan. ‘‘(iii) shall ensure that, where a safety fac- agrees in writing with an agency determina- ‘‘(d) In March of each year, the head of tor, as distinguished from inherent quan- tion that an extension is necessary in view of each agency shall submit to Congress spe- titative or qualitative uncertainties, is used, limitations on agency resources. cific recommendations for repealing or modi- such factor shall be similar in degree to safe- ‘‘(4) Denial of a petition by the agency fying laws that would better enable the ty factors used to ensure safety in human ac- head shall be subject to judicial review in ac- agency to prioritize its activities to address tivities. cordance with chapter 7 of title 5, United the risks to human health, safety, and the ‘‘(2) The head of the agency shall explain States Code. environment that are the most serious and the exposure scenarios used in any risk as- ‘‘(5) A risk assessment completed pursuant can be addressed in a cost-effective manner sessment, and, to the extent feasible, provide to a petition may be the basis for initiating consistent with the requirements of sub- a statement of the size of the corresponding a regulatory review pursuant to section 625. section (a). ‘‘(c) The regulations under this section population or natural resource at risk and ‘‘§ 640. Establishment of program the likelihood of such exposure scenarios. shall be developed after notice and oppor- ‘‘(a) The President shall develop a system- ‘‘(3)(A) To the extent feasible, the head of tunity for public comment, and after con- atic program for the peer review of work the agency shall provide a statement that sultation with representatives of appropriate products covered by subsection (c), which places the nature and magnitude of indi- State agencies and local governments, and program shall be used uniformly across the vidual and population risks to human health such other departments and agencies, offices, agencies. in context. organizations, or persons as may be advis- ‘‘(b) The program under subsection (a)— ‘‘(B) A statement under subparagraph (A) able. ‘‘(1) shall provide for the creation of peer shall— ‘‘(d) At least every 4 years, the President review panels consisting of independent and ‘‘(i) include appropriate comparisons with shall review, and when appropriate, revise external experts who are broadly representa- estimates of risks that are familiar to and the regulations published under this section. tive and balanced to the extent feasible; routinely encountered by the general public ‘‘§ 638. Decisional criteria ‘‘(2) shall not exclude peer reviewers mere- as well as other risks; and ‘‘For each major rule subject to this sub- ly because they represent entities that may ‘‘(ii) identify relevant distinctions among chapter, the head of the agency, subject to have a potential interest in the outcome, if categories of risk and limitations to com- review by the President, shall make a deter- that interest is fully disclosed; parisons. mination that— ‘‘(3) shall exclude, to the maximum extent ‘‘(4) When an agency provides a risk assess- ‘‘(1) the risk assessment under section 634 practicable, any peer reviewer who has been ment or risk characterization for a proposed is based on a scientific and unbiased evalua- involved in any previous analysis of the tests or final regulatory action, such assessment tion, reflecting realistic exposure scenarios, and evidence presented for certification by or characterization shall include a statement of the risk addressed by the major rule and the peer review panel; and of any significant substitution risks to is supported by the best available scientific ‘‘(4) shall provide for a timely completed human health identified by the agency or data, as determined by a peer review panel in peer review, meeting agency deadlines, contained in information provided to the accordance with section 640; and which contains a balanced presentation of all agency by a commenter. ‘‘(2) there is no alternative that is allowed considerations, including minority reports ‘‘(5) If— by the statute under which the major rule is and an agency response to all significant ‘‘(A) an agency provides a public comment promulgated that would provide greater net peer review comments. period with respect to a risk assessment or benefits or that would achieve an equivalent ‘‘(c) The peer review and the agency’s re- regulation; reduction in risk in a more cost-effective and sponses shall be made available to the public ‘‘(B) a commenter provides a risk assess- flexible manner. and shall be made part of the administrative ment, and a summary of results of such risk ‘‘§ 639. Regulatory priorities record for purposes of judicial review of any assessment; and ‘‘(a) In exercising authority under any laws final agency action. ‘‘(C) such risk assessment is reasonably protecting human health and safety or the ‘‘(d) The proceedings of peer review panels consistent with the principles and the guid- environment, the head of an agency shall under this section shall be subject to the ap- ance provided under this subtitle, prioritize the use of the resources available plicable provisions of the Federal Advisory the agency shall present such summary in under such laws to address the risks to Committee Act (5 U.S.C. App.). connection with the presentation of the human health, safety, and natural resources agency’s risk assessment or the regulation. that— f ‘‘§ 637. Regulations; plan for assessing new in- ‘‘(1) the agency determines are the most NOTICES OF HEARINGS formation serious; and ‘‘(a)(1) Not later than 1 year after the date ‘‘(2) can be addressed in a cost-effective COMMITTEE ON GOVERNMENTAL AFFAIRS of enactment of this subchapter, the Presi- manner, with the goal of achieving the Mr. ROTH. Mr. President, I would dent shall issue a final regulation that has greatest overall net reduction in risks with like to announce that the Senate Com- been subject to notice and comment under the public and private sector resources to be mittee on Governmental Affairs will section 553 of this title for agencies to imple- expended. ‘‘(b) In identifying the sources of the most hold a series of hearings on regulatory ment the risk assessment and characteriza- reform. The first hearing, on Tuesday, tion principles set forth in sections 635 and serious risks under subsection (a), the head 636 and shall provide a format for summa- of the agency shall consider, at a minimum— February 7, will provide a forum for rizing risk assessment results. ‘‘(1) the plausible likelihood and severity various Senators to speak on the regu- ‘‘(2) The regulation under paragraph (1) of the effect; and latory moratorium and regulatory re- shall be sufficiently specific to ensure that ‘‘(2) the plausible number and groups of inform proposals. The second hearing, on risk assessments are conducted consistently dividuals potentially affected. Wednesday, February 8, will provide a by the various agencies. ‘‘(c) The head of the agency shall incor- forum for various witnesses to discuss ‘‘(b)(1) Review of the risk assessment for porate the priorities identified in subsection any major rule shall be conducted by the (a) into the budget, strategic planning, and the problem of irrational regulations head of the agency on the written petition of research activities of the agency by, in the and the problems of the rising costs of a person showing a reasonable likelihood agency’s annual budget request to Con- regulation, the cumulative regulatory that— gress— burden, and systematic problems with

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2070 CONGRESSIONAL RECORD — SENATE February 2, 1995 the regulatory process. Subsequent II: Information Management Systems crats in both the Senate and the House hearings will cover the principles for in the Federal Government. of Representatives. I hope this support reforming the regulatory process, in- The PRESIDING OFFICER. Without continues unabated as we proceed to cluding cost/benefit analysis, risk anal- objection, it is so ordered. final passage of a repeal which is need- ysis, market incentives, periodic re- SUBCOMMITTEE ON EDUCATION, ARTS, AND ed and in the best interests of our Na- view of existing regulations, regulatory HUMANITIES tion’s airline laborers, service employ- accounting, property rights, adminis- Mr. SIMPSON. Mr. President, I ask ees, and the industry as a whole. trative process costs, and centralized unanimous consent that the Sub- ∑ review of regulations. committee on Education, Arts, and Hu- Mr. GORTON. Mr. President, I am The hearings will be held in SD–342, manities be authorized to meet for a pleased to join with Senator from 9:30 a.m. to 12:30 p.m. hearing on Education’s Impact on Eco- SANTORUM, Senator BRYAN, and others For further information, please call nomic Competitiveness, during the ses- in introducing a bill to repeal the fuel Paul Noe at (202) 224–4751. sion of the Senate on Thursday, Feb- tax on commercial aviation. The effect COMMITTEE ON ENERGY AND NATURAL ruary 2, 1995 at 9:30 a.m. of this bill will be simply to disallow RESOURCES The PRESIDING OFFICER. Without the 4.3 cents per gallon fuel tax from Mr. MURKOWSKI. Mr. President, I objection, it is so ordered. going into effect on October 1, 1995. would like to announce for the public f Two years ago, Congress correctly rec- that a hearing has been scheduled be- ADDITIONAL STATEMENTS ognized that the airlines had under- fore the full Committee on Energy and gone tremendous financial difficulties Natural Resources to consider the and that imposing another new tax President’s 1996 proposed budget. COMMERCIAL AVIATION FUEL TAX upon this beleaguered industry made The committee will hear testimony EXEMPTION no sense—this remains true today. from the Department of Energy and ∑ Mr. SANTORUM. Mr. President, I am the Federal Energy Regulatory Com- The airline industry has lost approxi- pleased to introduce a bill with Sen- mission on Thursday, February 9, 1995. mately $12 billion in the last 4 years. ator GORTON, Senator BRYAN, and oth- The hearing will begin at 9:30 a.m., The industry is aggressively trying to ers to repeal the commercial aviation and will take place in room SD–366 of turn this picture around and is just fuel tax, and I am proud that this is the the Dirksen Senate Office Building in now beginning to show some signs of first piece of legislation I am intro- Washington, DC. success. In the last several years, the For further information, please call ducing as a U.S. Senator. As I traveled industry has had to resort to massive Betty Nevitt or Jim Beirne at (202) 224– throughout all of Pennsylvania’s 67 layoffs, wage and benefit concessions, 0765. counties this past year, it was clear route reductions, and substantial cuts that the threat to jobs and industry in capital spending. Six of the largest f from this upcoming tax required imme- airlines have caneled or deferred orders AUTHORITY FOR COMMITTEES TO diate attention. In keeping with my MEET promise to Pennsylvanians, I am con- for 647 aircraft totaling $38 billion. fident that this will remove an obstacle Tens of thousands of airline and air- COMMITTEE ON ARMED SERVICES craft manufacturing employees have Mr. SIMPSON. Mr. President, I ask to the recovery of an industry critical to Pennsylvania’s economy. lost their jobs. Boeing’s employment unanimous consent that the Com- alone has dropped by 43,000 in the last mittee on Armed Services be author- This tax, which will take effect on October 1, 1995, will force the troubled 5 years due to a substantial decline in ized to meet at 10 a.m. on Thursday, both the commercial and the defense February 2, 1995, in open session, to re- airline industry to assume another business. Three major air carriers— ceive testimony on the foundations of massive financial burden. The Omnibus United, Northwest, and TWA—have U.S. national strategy. Budget Reconciliation Act of 1993 im- The PRESIDING OFFICER. Without posed a new 4.3 cents per gallon tax on transferred substantial amounts of objection, it is so ordered. commercial aviation fuel. At the time, ownership to company employees in ex- the airline industry was experiencing change for wage and benefit conces- COMMITTEE ON FINANCE deep financial difficulties, so the act sions. Mr. SIMPSON. Mr. President, I ask granted a 2-year waiver on the imposi- In order to meet stage 3 aircraft unanimous consent that the Finance tion of this tax. Clearly, the industry noise requirements, it is estimated Committee be permitted to meet has yet to recover, and a tax costing Thursday, February 2, 1995, beginning $527 million annually will have a dev- that the industry will spend $7 to $8 at 9:30 a.m., in room 215 of the Dirksen astating effect on service providers, billion a year during the remainder of Senate Office Building, to conduct a airline manufacturers, and other re- this decade. The industry cannot afford hearing on whether U.S. personal sav- lated employers. More layoffs, in- to add an additional $527 million a year ings can be increased by targeted increased ticket prices, and greater dete- in new taxes—this on top of the many centives. rioration of consumer confidence in our taxes it is already paying. Most people, The PRESIDING OFFICER. Without Nation’s airlines is not the goal of a re- I believe, would be shocked to learn objection, it is so ordered. sponsible Congress. that the industry pays over $5.4 billion COMMITTEE ON FOREIGN RELATIONS Historically, the airline industry has annually in excise taxes and fees, the Mr. SIMPSON. Mr. President, I ask been assessed excise and cargo taxes in equivalent to a 45.82 cents per gallon unanimous consent that the Com- lieu of a fuel tax. These alternate taxes fuel tax. mittee on Foreign Relations be author- amount to $5.4 billion annually. In ad- ized to meet during the session of the Last year I was proud to serve on the dition, since 1990, the industry has lost National Airline Commission. In our Senate on Thursday, February 2, 1995, $12.8 billion, nearly 120,000 employees report, we discussed the proposed fuel at 2 p.m. to hold a nomination hearing have lost their jobs, and tens of thou- tax and other burdensome taxes placed for Dr. Martin S. Indyk, of the District sands of airline manufacturing employ- upon the industry. It was our collective of Columbia, to be Ambassador to ees have been laid off. For a troubled Israel. industry which pays more than its fair conclusion that, ‘‘there are several tax The PRESIDING OFFICER. Without share of taxes, I believe it is our re- provisions that impede the ability of objection, it is so ordered. sponsibility to repeal this excessive the industry to return to financial COMMITTEE ON GOVERNMENTAL AFFAIRS and potentially destructive tax. health. We believe those provisions vio- Mr. SIMPSON. Mr. President, I ask Last Autumn, 59 Senators and 4 fu- late reasonable principles of common unanimous consent on behalf of the ture Senators, myself included, wrote sense and good public policy.’’ I hope Governmental Affairs Committee for to President Clinton seeking relief the Congress will join with us in reject- authority to meet on Thursday, Feb- from this tax. This Congress, I am ing burdensome new taxes on this im- ruary 2, at 9:30 a.m. for a hearing on proud to report a groundswell of sup- portant industry and will support the the subject: Reinventing Government port amongst Republicans and Demo- enactment of this legislation.∑

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2071 PUERTO RICO’S COLONIAL million disenfranchised American citizens the Internal Revenue Code. The 936 tax cred- DILEMMA that are excluded from the democratic proc- it has cost U.S. taxpayers $50 billion in the ess of their Nation. past two decades. According to the latest es- ∑ Mr. SIMON. Mr. President, rep- American citizens in Puerto Rico should timates from the Joint Committee on Tax- resenting Puerto Rico in the House of not be denied full participation in our great ation, Section 936 will cost the federal gov- Representatives is CARLOS ROMERO- democratic experience. Residents of the is- ernment $19.7 billion in the next five years. BARCELO´ , the former Governor of the land should share in equality with their fel- Congress has maintained, through Section Commonwealth of Puerto Rico. low citizens in the 50 States, not only in the 936, a tax policy that results in a socio- I have worked with him through the rights and benefits protected by the U.S. economic policy for Puerto Rico that is ex- years and have come to have great re- Constitution but in the responsibilities and actly the opposite of the socioeconomic pol- duties as well. icy for the nation. While wealthy multi- spect for him. I urge you to read my column which sheds national corporations are given billions of One of his passions is that Puerto more light on Puerto Rico’s colonial di- dollars in annual tax credits (corporate wel- Rican citizens not be second-class citi- lemma and the unequal and unfair treatment fare), hundreds of thousands of poor families zens but have all the rights that the which our people receive as a result of the the disabled, the elderly, and children are de- rest of us, as Americans, have. existing colonial relationship. nied the same safety net and financial and I share that passion with him. Sincerely, economic support that their fellow citizens The blatant inconsistency of the way CARLOS ROMERO-BARCELO´ . receive in the 50 states and the District of we treat people in Puerto Rico should Columbia. [From the Washington Times, Dec. 15, 1994] The public and the national media have be on the consciences of those of us the false impression that citizens in Puerto who serve in the House and the Senate. THE CASE FOR PUERTO RICO’S VOTING RIGHTS (By Carlos Romero-Barcelo´ ) Rico do not pay any income taxes. Nothing Recently, Representative ROMERO- could be further from the truth. People in BARCELO´ sent a ‘‘Dear Colleague’’ to Regarding your Dec. 6 editorial ‘‘Taxation, Puerto Rico have indeed a very high local the Members of the House and enclosed representation and the District’’: As Puerto tax burden. Personal income taxes in Puerto Rico’s only elected representative to Con- an item of his that was published in Rico are generally higher than anywhere else gress, I am, keenly aware of the limitations in the United States, including jurisdictions the Washington Times about Puerto faced by the five delegates in the House of Rico. where people pay local/state and federal in- Representatives. come taxes. I ask to insert that at the end of Since the early 1970s we have been able to Thus, it is the middle class, the working these remarks and urge my colleagues vote in the House committees on which we poor, the indigent, the elderly and the chil- in the Senate and the House to listen serve. This important authority was secured dren who suffer the detrimental con- to his powerful message. by the Puerto Rican delegate of the time, sequences of a federal taxation policy that The letter follows: Jorge Luis Cordova-Diaz. In 1993, Delegate makes no sense in Puerto Rico, we do not set Eleanor Holmes Norton did indeed actively the rules; Congress does I must reiterate HOUSE OF REPRESENTATIVES, seek and obtain the right to vote in the Com- that, just as in the case of the District, Con- Washington, DC, January 24, 1995. mittee of the Whole for herself and the other Re Puerto Rico’s colonial dilemma. gress has absolute power over the affairs of four delegates. Although this was merely Puerto Rico. And just like the District, we DEAR COLLEAGUE: On December 15, 1994, I symbolic, we nevertheless welcomed the op- have our version of ‘‘home rule,’’ inappropri- wrote a column—a copy is provided on the portunity for added participation in House ately referred to as ‘‘commonwealth.’’ Make reverse side—published in the Washington proceedings. no mistake about it, Puerto Rico was and Times in which I discussed Puerto Rico’s co- With respect to the distinction you make continues to be, de facto and de jure, a terri- lonial dilemma and the unequal treatment of between the District’s representative and the tory or colony of the United States. U.S. citizens in Puerto Rico. other delegates on the basis of federal tax- Second, although residents of the District, For the past 97 years, Puerto Rico has been ation in our respective districts, I differ with like their counterparts in Puerto Rico, have and still is a territory, or a colony, of the your analysis, at least in the case of Puerto no voting representation in Congress, at United States. The Island is home to 3.7 mil- Rico. least they are able to vote in presidential lion American citizens who are First, Puerto Rico, a U.S. territory since elections. This is significant because the disenfranchised and deprived of participating 1898, is home to 3.7 million American citi- president is our top elected official and the in the democratic process of the Nation. This zens, who are disenfranchised and deprived of one who makes the daily policy decisions disenfranchisement has been justified by a participating in the democratic process of that affect all citizens, including the ones in policy, created and maintained by Congress, their nation. Federal personal income taxes Puerto Rico. All U.S. citizens, including which frees residents of Puerto Rico from are not levied on residents of the island, not those abroad, are able to vote for the presi- paying Federal personal and corporate in- because we don’t want to pay them, but be- dent, except those who make Puerto Rico come taxes. Puerto Rico’s residents do, how- cause Congress has maintained this policy and the other territories their home. People ever, pay most all other Federal taxes and since income taxes were first imputed in in Puerto Rico have no input in the election user fees. In addition, this exemption from order to justify our disenfranchisement. Nev- of the nation’s commander in chief, notwith- Federal income taxes has justified the exclu- ertheless, most other federal taxes and user standing the fact that they are subject to all sion of the island’s residents in critical Fed- fees are indeed applicable in Puerto Rico federal laws and policies. eral programs such as Supplement Security (e.g., Social Security taxes, unemployment Thousands of U.S. citizens in Puerto Rico Income [SSI]. taxes, Medicare taxes, customs duties, cer- have paid the ultimate price and have died Moreover, through section 936 of the Inter- tain excise taxes and even income taxes on defending our shared democratic values. In nal Revenue Code, the Federal Government income derived outside of Puerto Rico). In our armed forces, more Puerto Ricans have has exempted subsidiaries of multi-national fact, the U.S. Treasury collected from Puer- died in armed conflicts during this century corporations in Puerto Rico from Federal to Rico $2.5 billion during 1993 (source Ad- than citizens of any other state (on a per corporate taxes. Section 936 has resulted in a vanced Draft, IRS Commissioner’s Report, capita basis). socio-economic policy for Puerto Rico that 1993). As mayor and governor, I have denounced is exactly opposite of the socio-economic The congressional policy of not extending federal tax policy toward Puerto Rico that policy of the rest of the Nation. While federal income taxes to the island has also benefits most those who are wealthy and pe- wealthy corporations in Puerto Rico are been used as an excuse for not granting equal nalizes the poor, the elderly, the children given billions of dollars in annual tax cred- treatment in federal programs to U.S. citi- and the working class. I urge federal policy- its, the poor, the disabled, the elderly, and zens in Puerto Rico. For example, the Sup- makers to take steps to extend full and equal children at risk are denied the same safety plemental Security Income (SSI) program is economic benefits and responsibilities to net and economic opportunities that their not applicable to otherwise eligible U.S. citi- Puerto Rico. Puerto Ricans and all U.S. tax- follow citizens receive in the 50 States and zens in Puerto Rico. Other critical programs payers will benefit from uniform and sen- the District of Columbia. such as Chapter I education funds, Medicaid, sible application of our fiscal laws and our Like the District, Puerto Rico has no vot- Aid to Families with Dependent Children and socioeconomic policies. ing representation in Congress, yet its resi- the Nutritional Assistance program are se- Finally, I have always maintained that we dents are also denied the right to vote in the verely capped. Medicaid is capped at approxi- want to share in equality with our fellow Presidential elections. This is significant be- mately 10 percent of what we would get if we citizens in the 50 states, not only in the cause the President is our top elected official were treated on an equal basis. rights and benefits but in the responsibilities and the one who makes daily policy deci- Moreover, Congress and successive admin- and duties as well. At least in the District of sions that affect all citizens, including those istrations have put in effect a tax and eco- Columbia citizens are partially enfranchised in Puerto Rico. nomic policy that has a ‘‘reverse Robin Hood with political power. Not so the 3.7 million We preach the virtues of democracy effect.’’ The federal government, for in- U.S. citizens of Puerto Rico. Political power throughout the world. Nevertheless, the stance, has opted to exempt subsidiaries of is the ultimate form of liberation. United States still maintains the largest col- U.S. corporations in Puerto Rico from fed- It is ironic indeed that the virtues of de- ony in the world—Puerto Rico—home to 3.7 eral corporate taxes through Section 936 of mocracy are being highlighted during the

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2072 CONGRESSIONAL RECORD — SENATE February 2, 1995 Summit of the Americans while our nation ‘‘Anything new from Halsey?’’ he inquired It’s hard to pinpoint exactly when the rela- denies 3.7 million citizens the right to par- as I listened, goggle-eyed. Later that tionship began to crumble, but crumble it ticipate in the democratic process. During evening, Merz took us on a tour of the did. It’s even harder to explain why. So the 1990s, the U.N. decade of decolonization, Times, through the newsroom and down to many factors were at work. the United States must face the implications the typesetting room where the gangly lino- For one thing, I changed careers and and repercussions of maintaining a colonial type machines hissed and clanked, much like moved into public service as a deputy mayor ∑ relationship with its territories. Mr. Rappaport’s press. Then to the com- of New York City, and for the first time I f posing room, where pages were laid out and had a view of journalism from the other side the type was locked up. And finally, to the of the editor’s desk. While I personally was REMARKS OF OSBORN ELLIOTT pressroom, where everyone seemed to be treated well by the press, I found my old nervously eyeing a large clock on the wall. ∑ Mr. MOYNIHAN. Mr. President, on trade to be quixotic, unfocused, inaccurate As the sweep secondhand made its way January 12 the chairman of the Citi- and too often the prisoner of preconceptions. around the face of the clock, Charlie Merz The assumption, for example, that anyone zens Committee for New York City, stepped up to the press. At 11 p.m. on the dot working for city government was, ipso facto, Osborn Elliott, gave a thought-pro- he raised his arm and he flicked an impres- an incompetent drone—while I was learning voking speech on the role of journalism sive red switch labeled START. in public life. Mr. Elliott is the former Slowly, the huge press began to turn, then that great numbers of city workers were actually dedicated and hard-working folk. dean of the Columbia University faster and faster and soon the place was School of Journalism, and his remarks, roaring rhythmically as bundles of the next I also became aware of a failure of will which were made at the Key West Lit- day’s Times came thumping onto the loading within my old trade. dock below. Strangely enough, no sooner had the power erary Seminar, deserve the attention of From that moment on, I was hooked—and the Senate. Accordingly, I ask that the of journalism reached its zenith than editors for the better part of half a century my ro- began to back off from the fray. Having speech be included in the RECORD. mance with journalism paid huge rewards. helped to topple one president—Nixon—and Struggling to learn the basics as a young TIME FOR THE PRESS TO GET INVOLVED having derided another—Ford—and having business reporter, I came to realize that even (John Hersey Memorial Lecture by Osborn snickered at a third—Carter—as he suc- the most esoteric topic can be of interest Elliott) cumbed to a killer rabbit and other forces of once you get to know something about it— I’d like to tell you this evening about a evil, journalists found themselves uncom- even the workings of the non-ferrous metals love affair that is on the rocks. fortably close to the center of things and market, my very first beat for the New York The romance began a long time ago. It more and more being blamed when the busi- started as a schoolboy’s infatuation, went Journal of Commerce. Journalism gave me the most amazing ac- ness of the Nation seemed to be going wrong. roiling lustily through the pubescent years, cess to people and events. I had interviews So when yet another president—Reagan— and ultimately flowered into a deep and sus- with half a dozen presidents, audiences with took office with popularity ratings in the taining passion. There were ups and downs two Popes and the emperor of Japan. I trav- high seventies and eighties, some kind of along the way, just as there are in any rela- eled through Africa, Europe, Asia and Rus- unspoken decision was made to lay off. tionship. But the bonds grew stronger as the sia—and spent the most interesting week in I think journalism has a lot to account for decades passed. my life living, and learning, in the black as a result of this failure of will. By allowing Now the affair is on the rocks, and I’m ghettos of America. a kind of social Darwinism—a.k.a. going to tell you why. I was nattered at by Nasser, charmed by My romance with journalism began sixty Reaganism—to go mostly unchallenged on Giscard, irritated by Indira, jollied up by years ago, when I was a little boy. On my the one hand, and by failing on the other JFK, lambasted by LBJ and nit-picked by way home from school one day, I stopped in hand to adequately expose the inane con- Nixon. I fell in love (unrequited) with the at Mr. Rappaport’s stationery store at 62nd tradictions of supply-side theories, a.k.a. likes of Sills, Bacall and Ullman. I called Street and Third Avenue, to buy a Christmas Reaganomics, I believe journalism deserves Leonard ‘‘Lenny,’’ Lauren ‘‘Betty,’’ Henry card. In the back of his shop Mr. Rappaport some of the blame for ills that now afflict us. ‘‘Henry’’ and Teddy ‘‘Ted.’’ kept an ancient press surrounded by wooden I think journalism is also in part responsible Who wouldn’t be seduced by all that? My for a default of the national spirit that re- cases of type. He invited me to watch as he romance flourished. plucked letters from a font, handset his type, cently has allowed a meanness to spread But for all the fun and games, there was se- through the land. then put the great, hissing, clanking press riousness of purpose that underlay most of into motion. Somehow, amid the aromatic the journalism that was practiced in those What caused journalism to abdicate its re- chaos of printer’s ink and noise, pristine years—a belief that what we journalists did sponsibility in the eighties? Was it a func- sheets of stationery came flying out of that was important, that journalism could play a tion of exhaustion? Of fear? Of simple dis- old machine. constructive role in exposing, confronting traction? Probably a measure of each. To be young at Mr. Rappaport’s was very and thus helping to solve the great problems After the turmoil of the Sixties, the heaven. It was the beginning of the affair. of the day. strains of Vietnam, the shock of assassina- Before you could say Arthur Ochs Sometimes our work was agonizing, as tions, the tensions of the Cold War and the Sulzberger, I had acquired a toy typewriter, when we wrestled week in and week out with treacheries of Watergate, who wouldn’t be and was banging out my own newspaper, The the contradictions of Vietnam, trying to rec- tired? Weekly Eagle, shamelessly plagiarizing oncile the conflicting reports we were get- Lindbergh kidnaping stories from the New ting from Washington and from the field. And as readership began to shrink, and ad- York Daily News. I made three carbon copies Sometimes our work was exhilarating, as vertising dollars disappeared, who wouldn’t of my paper so that circulation (at a nickel when we produced a special issue of News- be afraid to challenge the most popular a copy) could extend beyond my parents to week on Black America, complete with rec- President in memory? my brother and the woman who took care of ommendations on how the nation might Certainly there were distractions aplenty, me when my mother and father were at begin to ease its racial dilemma. And some- as well. A kind of Gresham’s law—or was it work. The weekly Eagle lasted three weeks, times our work was ineffably sad, as when Murdoch’s?—saw bad journalism chasing out and its circulation never exceeded a total of we deployed our forces to cover the assas- the good in the scramble for ratings and four (unaudited). sination of first one Kennedy and then an- readership. On the morning news, a new After that came the thrill of working on other, and the killing of Martin Luther King. breed of elbow-in-the-ribs performers took my school magazine, and savoring that mag- I tell you all this not because my experi- over the airwaves. In the afternoon and ical moment when copies would arrive from ence was unique, but because it was so typ- evening, the Rush Limbaughs and Bob the printer, tightly wrapped in brown paper ical. As great issues unfolded, we journalists Grants and other big mouths of the far right bundles. I would rip open the neat packages did our best to understand and explain them took over talk radio. and wonder at how my henscratches had to our readers, listeners and viewers. We did Meanwhile, in America’s videocracy the been miraculously converted into beautiful not much question the motives of public fig- talk shows stooped to conquer the ratings as columns of type, marching down the page. ures—except when there was a clear attempt Maury and Montel and Sally Jessie and Phil Later, in the Navy, it fell my lot to edit to mislead, as in the Watergate disaster. We and Geraldo engaged in mortal combat over my ship’s paper and to deliver the nightly did not dwell obsessively on process, prefer- who could produce the most shock or news over the public-address system. And it ring instead to deal in substance. We did not schlock. Last Sunday night, ‘‘CNN Presents’’ was while I was still in the Navy, in the win- poke through the garbage of people in the devoted an hour to deploring what is called ter of 1945, that I had my first brush with public eye. big-time journalism. I was home on leave I think we played a central role, and a ‘‘The Media Circus’’ and its obsession with from Admiral Halsey’s fleet in the Pacific positive one, in helping a democratic system the O.J. Simpson trial in particular. At the and my parents had invited Charles Merz, thrash its way through trauma after trauma end of the hour, Judy Woodruff announced editorial page editor of The New York Times, and toward something approaching con- the topic for next Sunday’s ‘‘CNN Presents.’’ to dinner one night. Before we went in to sensus. You guessed it, O.J. Simpson. eat, Charlie Merz picked up the phone and Thus did my romance with journalism Meanwhile, other Sabbath fare is offered called the Times. ripen and mature. weekly by Morton and Sam and Eleanor and

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — SENATE S2073 others of God’s little wiseacres as they yell that low crowd estimate the Times almost Every single day, for ten weeks in a row, their opinions at one another. The jeering forced itself to put a negative spin on the The Eagle opened up its pages to a consider- jabberers of journalism, my most unfavorite story. ation of problems that were important to the vice president might have called them. In this age of journalism with a sneer, not community—with emphasis on seeking solu- All these trivial pursuits left their tracks only are events too often covered in this neg- tions from the citizenry. The response was on mainstream journalism, as well. News- ative way. Many good stories get no atten- electric. One measurable result was that in papers and magazines began to gibletize tion at all. As chairman of the Citizens Com- the fall of 1992 volunteerism in Wichita’s their contents, in imitation of U.S.A. Today. mittee for New York City, I see it all the schools increased by 32 percent. There were weeks when the assorted short time. Similar exercises in ‘‘public journalism’’ subjects that fill the opening sections of I think of a conference of 1,500 school kids have been undertaken by papers in dozens of Time magazine ran on so endlessly that few who spent a whole Saturday discussing how cities around the country—from Charlotte, stayed around for the feature. And more and to improve New York City’s schools. Hardly North Carolina, to Dayton, Ohio to Brem- more the pressure grew to produce stories a line of coverage. erton, Washington. Here are a few examples: with an attitude, an edge, a spin, a barb. I think of the 1,000 neighborhood leaders The Detroit Free Press published a major After all, by the time a piece appeared in who gathered on another Saturday, a beau- series on violence done to children. It then print, hadn’t everyone already seen it on tel- tiful spring day, to swap advice on how to launched its ‘‘Children First’’ campaign, evision? fight crime and drugs and make their neigh- which focused on this problem and also man- So zap it up, guys! borhoods safer and more beautiful. Not a line aged to raise half a million dollars to benefit A small but telling case in point appeared in print, not a second on the air. local kids. The Detroit Free Press continues not long ago on the front page of the New I think of a town meeting that gathered 300 with ongoing coverage assisted by a panel of York Times, a story about President Clin- leaders from every segment of New York, to young people. ton’s visit to Oxford. The president, reported discuss the city’s problems. Not a peep from The Charlotte Observer determined that the Times, ‘‘returned today for a senti- the press. violence and discipline were the public’s mental journey to the university where he As an officer of Columbia University for chief concerns about local public schools and didn’t inhale, didn’t get drafted, and didn’t the last fifteen years, I think of the recent developed a five-week series on those topics. get a degree.’’ inauguration of a new president of Barnard The Akron Beacon-Journal won a Pulitzer Zap! College, a stirring event attended by scores Prize for its five-part project, ‘‘A Question of Having withdrawn from the field in the of academic leaders from around the country Race.’’ The newspaper convened focus eighties, it appeared that journalists were and abroad. groups; it analyzed the continuing social and returning to the fray in the nineties—with a Total silence from the news media. economic disparities between blacks and vengeance, and with a chip on the shoulder. It seems to me that journalism, my old whites; it invited local organizations to es- In the cynical new journalism that resulted, love, just may have become part of the prob- tablish projects addressing race relations; it it seemed there was an unkind cut for almost lem. hired experts to coordinate the resulting anyone in public office, and little sense that Journalists like to say that if you are plans. In the end, 22,000 Akronites responded any public policy was much worth pursuing. being attacked from all sides you must be to a newspaper coupon that invited them to A recent New Yorker piece by Adam Gopnik doing something right. It has also been sug- join the fight against racism. used these terms, among others, to describe gested that if you are being attacked from You will observe that such media capitals the new curled-lip school of journalism: ma- all sides it’s possible that you are doing ev- as New York, Washington, Philadelphia and licious, self-righteous, mean, shameless, erything wrong. Los Angeles are notable by their absence in sanctimonious, belligerent, aggressive, dis- I hasten to add that this is not the case at this little sampling of public journalism in ingenuous, nasty. all. For even in this age of cynicism and its experimental stages. We’re not all that way, thank goodness. In trivialization some excellent journalism is The reason is simple. Getting involved in her eloquent farewell column in the Times, being done. We still see moving pieces, par- things, as public journalism demands, is Anna Quindlen said that twenty years in the ticularly in our newspapers, about homeless- anathema to many journalists who grew up— news business had left her not more cynical ness and violence and teenage crime, all well as I did—in the belief that journalism and its but more idealistic—and anyone who knows reported and thoughtfully analytical. practitioners must operate as a breed apart. Anna knows that to be the case. Hear these A notable case in point was the New York In the words of Professor Jay Rosen of New final words she wrote: ‘‘Those who shun the Times’s recent pieces on teenage violence, York University, a godfather of the concept prevailing winds of cynicism and anomie can which ended with a thorough exploration of of public journalism: ‘‘Traditionally journal- truly fly.’’ possible solutions. But the editor in me cries ists worry about getting the separations Someone has said that, ‘‘One of the best out: how can anyone be expected to keep right: the separations between themselves ways of understanding journalism is having track of a series that began last May and ran and the political community; between news it done to you.’’ Well, I’ve had it done to me sporadically to December? Beats me. and editorial; between facts and values; be- a bit, and the only thing worse than having It’s in the area of problem-solving that I tween information and their beliefs.’’ Pro- it done to you is not having it done to you. think journalism ought to start changing its fessor Rosen then makes this radical point: In the process of organizing the ‘‘Save Our ways. Too often, even worthy series con- ‘‘The challenge . . . is how to get the connec- Cities’’ March on Washington in 1992, I spent cerning social problems leave out the final tions right, because the connections are months trying to whomp up media interest part—the part that offers up solutions. Says what’s faltering.’’ in the event. As I described how mayors in Davis Merritt, editor of the Wichita Eagle: To many journalists, this concept of con- cities from coast to coast were organizing for ‘‘If we continue to insist that engaging ac- necting, and getting involved, is an act of the march, reporters and editors would look tively in the search for solutions isn’t part of heresy—so wedded are they to the idea of de- at me as if I was out of my mind. One day our job, we will soon, in fact, have no job.’’ tachment and uninvolvement and even an Mayor David Dinkins held a press conference Merritt and his newspaper are at the fore- unconcern about the consequences of what on the steps of City Hall calling on New front of an experimental movement that they write or report. This chilly remove is Yorkers to go to Washington and protest aims to engage citizens in public affairs. The what Fred Friendly calls the Werner von against the urban policies of their national Wichita Eagle and its editor have concluded Braun theory of journalistic responsibility: government—Republican White House and that people are disenchanted with their in- ‘‘I just shoot the rockets up into the air; Democratic congress alike. stitutions, and frustrated that their voices where they come down is not my concern.’’ To make sure he would get coverage, the are not being heard. With public life appar- Many journalists insist that detachment mayor specified that this call to action ently not working very well, Merritt and his gives them credibility—but the sad fact is would be his only press event that day. Hun- Wichita colleagues have decided that the that they enjoy very little credibility as it dreds of people showed up—leaders from press now has the positive duty to ‘‘inter- is, ranking way down there is public trust labor, business, government, the churches, vene in public life in the interest of strength- with the used-car salesmen. A recent Times- the neighborhoods of New York. Now, I ening civic culture.’’ Mirror poll found that 71 per cent of the would have thought that the very fact that How to do it? American people think that journalism, in- the mayor was calling on New Yorkers to In the case of The Wichita Eagle, the edi- stead of helping solve the nation’s problems, march against their national government tors redesigned their political coverage in gets in the way of finding solutions. might quality as news. But not a line ap- the last election to establish which issues Time, I think, for us journalists to change peared in any newspaper, and not a second were of real concern to citizens, and then our ways—not by becoming advocates of par- on the air. forced the candidates to address those con- ticular policies but by helping the public In the event, 250,000 people joined that cerns—rather than just reporting on the tac- gain confidence in its own ability to reach march on Washington—apparently too good tical maneuvers of candidates or the machi- consensus and solve problems. It’s time for to be true. The New York Times printed an nations of political insiders. In 1992, the journalism to abandon cynicism, to uncurl absurdly low-ball crowd estimate of 30,000 Eagle also launched its ‘‘People Project: its lip and to become a fair-minded partici- provided by a highly biased source—the Na- Solving It Ourselves’’—an effort to engage pant and catalyst in America’s decision- tional Park Service, a branch of the very both readers and the paper itself in identi- making process. It’s time for journalism to government against which those quarter of fying community problems and exploring help public life work better. million people were protesting! By accepting ways to solve them. Here’s one way.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S2074 CONGRESSIONAL RECORD — SENATE February 2, 1995 When municipal elections take place next It is too high... mitted to speak for up to the des- Fall, a project called City Vote will simulta- Come to the edge! ignated times: Senator BOND for 10 neously hold presidential primaries in fifteen We will fall... minutes, and Senator HUTCHISON for 10 or twenty cities. The object is to force the COME TO THE EDGE!!! minutes. candidates to address urban issues at the . . . and they came very beginning of the presidential campaign. . . . and he pushed I further ask consent that at the It’s an ideal opportunity for journalists in . . . and they flew.∑ hour of 10 a.m., the Senate resume con- Boston, Houston, Spokane, Minneapolis, St. f sideration of House Joint Resolution 1, Paul, Baltimore and other participating cit- the constitutional balanced budget ies to facilities the discussion, and to force ORDERS FOR TOMORROW amendment. candidates to address the issues that matter Mr. HATCH. Mr. President I ask to the voters. A fine opportunity for pub- lishers and editors to sponsor public forums, unanimous consent that when the Sen- f to open their pages to debate to nudge the ate completes its business today it public dialogue along. stand in recess until the hour of 9:30 RECESS UNTIL 9:30 A.M. The kind of involvement I am thinking a.m., on Friday, February 3, 1995; that TOMORROW about has to do with exploration and inspira- following the prayer, the Journal of tion. It calls to mind a favorite prose poem. proceedings be deemed approved to Mr. HATCH. Mr. President, if there is As I recite this little piece by Christopher date, and the time for the two leaders no other business to come before the Logue, think of it as a conversation between Senate, and no other Senator is seek- the new journalist and his public. It’s an ex- be reserved for their use later in the change that suggests how, by getting in- day; that there then be a period for the ing recognition, I now ask consent that volved ourselves, we might begin to inspire transaction of routine morning busi- the Senate now stand in recess under others to get involved. It also suggests how ness not to extend beyond the hour of the previous order. my long romance with journalism might ul- 10 a.m., with Senators permitted to There being no objection, the Senate, timately be restored. speak for not more than 5 minutes at 6:08 p.m., recessed until tomorrow, Come to the edge. each, with the following Senators per- Friday, February 3, 1995, at 9:30 a.m.

VerDate Aug 31 2005 03:28 May 28, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S02FE5.REC S02FE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS February 2, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 251 EXTENSIONS OF REMARKS

ON GROUNDHOG DAY reformulated gasoline program. The increased FISCAL RESPONSIBILITY use of ethanol in cities that are not in compli- HON. WILLIAM F. CLINGER, JR. ance with Clean Air Act standards will help in- HON. RON PACKARD OF PENNSYLVANIA crease the value of corn, our State's most OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES abundant crop. The Ag Advisory Board members led their peers in contacting administra- IN THE HOUSE OF REPRESENTATIVES Thursday, February 2, 1995 tion and congressional officials about elevating Thursday, February 2, 1995 Mr. CLINGER. Mr. Speaker, it is with great the role of ethanol. Mr. PACKARD. Mr. Speaker, as a former joy that I rise on this, the 109th anniversary of I commend each member for giving of his dentist, I always stressed the importance of Groundhog Day. Today, the fate of Old Man time and insights to help me make well-in- prevention as the best way to fight disease. Winter has been sealed by one of our Nation's formed decisions. The members of my Agri- Last week Congress showed its commit- truly great prognosticators, Punxsutawney culture Advisory Committee during the 103d ment to better fiscal care with passage of the Phil. Congress were Mike Campbell of balanced budget amendment. Passing a Fed- While this great seer resides deep in his Edwardsville, John Deterding of Modoc, Law- eral line-item veto gives the President the de- burrow at Gobbler's Knob in Punxsutawney, rence Dietz of DeSoto, Edwin Edleman of vice he needs to prevent wasteful spending. PA, the rest of the Nation suffers from the icy Anna, Greg Guenther of Belleville, Craig Keller The line-item veto is one more prevention blasts of winter. However, he has emerged of Collinsville, Marion Kennell of Thompson- tool that will keep Congress under the watch- from his abode today to proclaim the near end ville, Vernon Mayer of Cutler, Dave Mueller of ful eye of the American people. It will make of this, the most dire of seasons. East Alton, Larry Reinneck of Freeburg, Bill Congress more accountable to the people. 1995 GROUNDHOG DAY PROCLAMATION Schulte of Trenton, Jim Taflinger of Cache, The President can use his toolÐthe Federal Punxsutawney Phil, King of Groundhogs, and Lyle Wessel of Columbia. line-item vetoÐto prevent Government's care- Seers of Seers, the Omniscient Marmot, I am pleased that these gentlemen will be less fiscal habits. Weather Forecaster Without Peer has re- staying on the Ag Advisory Board during the The American people demand a change in sponded to President Bud Dunkel’s summons 104th Congress. Because of a limited amount at 07:29:43 this February 2nd, 1995. His long way business is done in Congress. A Federal of Federal dollars, each member's input will be time friend and handler, Bill Deeley placed line-item veto will change how business is critical to me as I review the various Federal him atop his regal stump. From there he done. wished the throng of thousands ‘‘Happy programs contained in the farm bill. I look for- Groundhog Day.’’ After brief, observation ward to working with each member on agricul- f and contemplation he spoke in groundhogese tural matters during the 104th Congress. I ask IMPACT OF THE SAN DIEGO which Bud quickly translated and selected my colleagues to join me in recognizing these SUPERCOMPUTER CENTER ON the appropriate scroll. individuals. SAN DIEGO AND THE STATE OF Oh Bud Golly Gee f Forgive me for acting giddee CALIFORNIA But everyone will love me 50TH ANNIVERSARY OF CABLE Like Little Jack Horner AIRPORT Spring is just around the corner HON. BRIAN P. BILBRAY No shadow do I see, absolutely. OF CALIFORNIA f HON. JAY KIM IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Thursday, February 2, 1995 TRIBUTE TO THE AGRICULTURE IN THE HOUSE OF REPRESENTATIVES ADVISORY BOARD Mr. BILBRAY. Mr. Speaker, since 1985 ap- Thursday, February 2, 1995 proximately $200 million has been invested in HON. JERRY F. COSTELLO Mr. KIM. Mr. Speaker, I rise to salute the the San Diego Supercomputer Center [SDSC]. OF ILLINOIS 50th anniversary of Cable Airport in Upland Of this amount, the National Science Founda- IN THE HOUSE OF REPRESENTATIVES CA, located in the heart of the 41st Congres- tion has contributed $150 million, the State of sional District. This outstanding facility is the California $21 million, and a large number of Thursday, February 2, 1995 world's largest, privately owned airport used other government agencies and industrial part- Mr. COSTELLO. Mr. Speaker, I rise today in by the public. I would also like to take this op- ners $25 millionÐin cash and kind. This in- recognition of a group of individuals who have portunity to honor the Cable family for their vestment has been of great service to me during the past 2 many contributions and years of service. Caused businesses to invest their comput- years. This group is the Agriculture Advisory Since 1945, three generations of the Cable ing dollars in California.ÐMacDonnell Douglas Board for the 12th Congressional District of Il- family have committed hardwork and dedica- has purchased a large subscription of linois. The Ag Advisory Board met several tion to the building and preservation of this air- supercomputer CPU time to do design work times throughout the 103d Congress, including port. At a time when most publicly used air- on its new passenger aircraft, the MD±12, and one meeting where members met with then- ports are owned by government or quasi-gov- the space station Freedom. General Dynamics Agriculture Secretary Mike Espy. ernmental agencies, founders Dewey and housed all of its advanced computing in The last 2 years were challenging ones for Maude Cable have demonstrated the success- SDSC. the agricultural community. In the summer of ful spirit of entreprenurialism and have bol- Encouraged start-up businesses and re- 1993, nearly every county in my district was stered private participation in aviation. search consortia to site their headquarters in declared a Federal disaster area due to se- Smaller airports like Cable play an important California.ÐSDSC's presence was a key rea- vere flooding. The flood, of course, had a role in the economic development of the sur- son the international thermonuclear experi- major impact on the agricultural community. rounding region. Our communities have grown mental reactor [ITER] project sited its head- While my office was helping individuals deal to rely on the benefits aviation facilities like quarters in San Diego. This project, valued at with the disaster associated with the flood, I this have to offer. Today, Cable Airport contin- $1.2 billion, is a 10-year international collabo- was thankful for the vital role each advisory ues to faithfully serve the transportation needs ration among scientists in the United States, board member played in being an ambassador of San Bernardino County and the State of Germany, Russia, and Japan to develop a nu- for me by sharing information about flood relief California. clear reactor design. to other farmers in their community. I congratulate Cable Airport and the Cable Similarly, Supertek, a producer of A major success for agriculture in the 103d family on this memorable occasion and wish minisupercomputers, decided to site its oper- Congress was the inclusion of ethanol in the them continued success for years to come. ation in California. The company has since

∑ 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 252 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 1995 been purchased by Cray Research, Inc. Min- sight has led to legislative action to curb the their needs without facing the impossibly high neapolis, MN, which has productized the ma- problems.ÐSDSC is involved in scientific col- startup costs in hardware and personnel asso- chine to expand the range in capability and laborations that are leading to greater under- ciated with establishing a full-featured high- price of the supercomputers it sells. standing of scientific problems such as AIDS performance computing facility. As a result of close relationships with SDSC and Alzheimer's disease, air/water pollution, SDSC'S EFFECTIVENESS management, the editor of the journal and global change. Additional evidence of SDSC's effectiveness Supercomputing Review decided to site his One project is focused on designing a drug is shown by the broad scope and tangible ef- publishing operation in San Diego. The journal to inhibit the HIV protease. The HIV protease fect of the research being conducted. Below is has since renamed itself High-performance consists of two molecules; separated, they are a sampling of projects leading, for example, to Computing Review and has established a harmless, but when docked together they new commercial products; a cleaner, safer en- commercial electronic news service, which produce AIDS symptoms. Researchers are try- vironment; the development of new materials; now serves over 11,000 subscribers. ing to inhibit the harmful activity by creating a and medical breakthroughs. Many of these Produced spin-off companies.ÐTwo oper- drug that looks like one of the molecules so it projects are collaborative efforts lead by re- ations that were spun off from SDSC are Dis- will dock with the other, but has different searchers at universities in California and tributed Computing Solutions [DISCOS] and chemical properties so the docking will not State and Federal agencies. the California Education and Research Fed- produce harmful effects. Researchers from Industrial engineering.ÐPlastic injection eration Network [CERFnet]. DISCOS produces SDSC, Duke University, and UCSF have pro- mold design work by GenCorp to create a a long-term file storage software product, duced such a model using Sculpt, a program more durable Corvette car body; and design called DataTree, that runs on a variety of that interactively models the underlying phys- work by Caltrans to simulate a crash test hardware platforms. A UNIX-based version of ics and chemistry of a molecule as it is de- bogie, a typical small, 1,800-pound car used this product, called UniTree, is now also being signed. This work could not have been done to evaluate the safety of breakaway sign and marketed. These systems have been pur- without Sculpt, which removes human guess- lighting supports along roads and highways. chased by a large number of supercomputing work from the process and runs 100 times Another project involves evaluating the char- facilities around the country. DISCOS, formerly faster than other commercially available sys- acteristics of a potential new material for pave- a division of General Atomics, was sold re- tems. The next step is to synthesize and test ment consisting partly of recycled tires. cently to Open Vision Technologies, Inc. the molecule in the laboratory. Environmental and Earth science.ÐModel- CERFnet, a division of General Atomics, is In another project, a study of smog in the ing a sewage spill off the coast of San Diego, a regional communications network that con- Los Angeles basin led to changes in local which provided important information about nects academic institutions and private indus- abatement policies. This work was done in sewage outfall engineering, containment, and try mainly in southern California with the collaboration with the California Air Resources cleanup. Similarly, scientists have dem- Internet. It was begun with a grant from NSF. Board. onstrated the effects of tides, currents, and at- Recently, as a result of its success in oper- In a third project, Project Sequoia 2000, mospheric conditions on the distribution of pol- ations and service, CERFnet was awarded an SDSC is part of a research team to develop lutants in San Francisco Bay. This work was additional $4.5 million contract from NSF to an advanced information management system done in collaboration with the U.S. Geological establish a commercial business to provide in- to improve the productivity of global change Survey in Menlo Park, CA; modeling regional formation on electronic resources and services scientists. This system, with advanced stor- and global climate to understand interactions available on the growing, and itself increas- age, data management, visualization, and between the atmosphere and oceans or to ingly commercial, Internet. networking capabilities, is likely to have appli- study specific problems such as the periodic Employed over 110 professional staff and, cation to a wide range of other scientific dis- development and dissolution of the ozone hole at any given time, some 30 part-time stu- ciplines. SDSC's participation in this project over Antarctica; and studying fluctuations in dents.ÐDISCOS and CERFnet together have was critical to the University of California win- the Earth's gravity field to better understand provided an additional 3 dozen jobs in San ning the $15 million Digital Equipment Corp. the formation of the Earth's surface and the Diego. grant. For additional important scientific movement of continental plates. SDSC'S IMPACT IN OTHER AREAS projects, see ``SDSC's Effectiveness,'' below. Materials science.ÐStudying the structures SDSC has had an impact on San Diego and A heightened awareness among govern- of various molecules to better understand their the State in other areas that are more difficult ment and industry of the economic benefits to properties and evaluate their potential use in to quantify. This impact has been noticeable be derived from computational technology.Ð synthetic materials. in: Because of SDSC's success, there is now in- Medical science.ÐStudying the causes of fi- A more highly trained work force.ÐSDSC terest in establishing a satellite supercomputer brillation in heart tissue, which can lead to has trained hundreds of undergraduate and facility in San Jose that will create jobs, attract sudden cardiac death syndrome killing some graduate students, many of whom have re- industry to that area, and promote local area 500,000 people per year in North America mained in California as skilled professionals in networking. alone; reconstructing ultrasound data high-technology industry. SDSC and San Diego city government are computationally into three-dimensional images The next group SDSC has targeted for train- discussing how to provide CPU power and to diagnose health problems noninvasively; ing is high school science and math teachers computational expertise to local-area business simulating the coiling and knotting processes through the Supercomputer Teacher Edu- for defense conversion and to enhance prod- of DNA, which have implications for fun- cation Program, funded by a $1.575 million uct engineering. They are also discussing how damental biological activities such as replica- grant from NSF. SDSC will work with over 40 to implement a county-wide network to link tion, transcription, and recombination; and cal- teachers from primarily minority high schools government offices, academic-research institu- culating the stress exerted on developing in a 3-year program to teach them about com- tions, libraries, medical facilities, and, eventu- bonesÐthis is one area where stress has putational science and help them incorporate ally, homes to enhance information exchange, been shown not only to be beneficial, but cru- the techniques into their class curricula. Each improve medical services, and promote eco- cial for proper development. of those teachers, in turn, will train well over nomic development in general. In fact, SDSC 100 students per year. Director Sid Karin has become a member of f Advancements in computational hardware the City of the Future Committee created re- HUNGARIANS IN THE WEST CALL and software.ÐSDSC supports close collabo- cently by San Diego Mayor Susan Golding. An FOR TRANSYLVANIAN SELF-DE- rations with various vendors and academic re- early focus of this committee is county-wide TERMINATION searchersÐmany of them within CaliforniaÐto telecommunications. develop, implement, and integrate parallel SDSC has some 45 industrial partners. processing systems, link them by high-speed These partners gain a competitive advantage HON. ROBERT K. DORNAN networks, and develop software such as code by obtaining access to state-of-the-art com- OF CALIFORNIA debuggers, performance analyzers, resource putational technology for use in product engi- IN THE HOUSE OF REPRESENTATIVES managers, and accounting tools. The goal of neering. This technology helps such busi- this work is to make powerful computer sys- nesses produce better quality goods in a Thursday, February 2, 1995 tems easier to use by large numbers of re- shorter period of time. In addition, such busi- Mr. DORNAN. Mr. Speaker, the American searchers. nesses gain the opportunity to experiment with Hungarian Congress and the Hungarian Na- Greater scientific understanding of problems various hardware platforms. This allows them tional World Council held a joint meeting and affecting day-to-day life. In some cases this in- to choose the most appropriate systems for conference in Cleveland, OH on November February 2, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 253 25, 1994, and passed a joint resolution re- consideration the joint resolution (H.J. Res. elaborated on the need for a welfare system garding the sad situation of the Hungarian and 1) proposing a balanced budget amendment that provides education and training, child care other minorities in TransylvaniaÐRomania. to the Constitution of the United States: and health care support for individuals. His While I realize the practical obstacles stand- Mrs. LINCOLN. Mr. Chairman, I rise today words were subsequently captured in an edi- ing in the way of such a resolution of the eth- in support of the Stenholm balanced budget torial which appeared in the St. Louis Post nic question in Transylvania, I would like to amendment of which I am a cosponsor. As I Dispatch. call the attention of my colleagues to the was recovering from back surgery last week, Mr. Speaker, I am pleased to share the Post thoughtful and bold proposal the resolution is I sat at home watching the House debate leg- Dispatch editorial with my colleagues. It is in- islation on C±SPAN and I saw the legislative advancing. There is no question that the tan- sightful and certainly worthwhile reading. I also gled ethnic issue which the post-Communist process through the eyes of our constituents. take this opportunity to commend BILL CLAY government of President Iliescu seems to be It's no great secret that Democrats and Re- for his continued leadership on the welfare re- incapable, or even unwilling, to solve, needs publicans have differing views on many is- courageous and new initiatives which can sues, but what is scarcely known is that we form issue, and other issues of importance to point the way to a resolution which all the par- share many common goals as well. That mes- American families. ties are able to live with. sage all too often gets lost in the confusion [From the St. Louis Post-Dispatch, Jan. 23, AMERICAN HUNGARIAN CONGRESS AND HUN- over parliamentary procedure that America 1995] GARIAN NATIONAL WORLD COUNCIL RESOLU- sees at home. My colleague CHARLES STEN- WELFARE, TIME, AND MONEY TION HOLM and other Democrats have been working Whereas, the history of the Transylvanian to pass a balanced budget amendment for At times, the public debate over welfare is Hungarians, ever since they were separated years. I was proud to begin working with these depicted in ways to suggest that liberals want to do nothing about the problem and from the Hungarian nation by the Trianon conservative Democrats on a balanced budget and Paris peace treaties and became a na- that conservatives have all the right an- tional minority in Romania, clearly dem- amendment during my first year in Congress. swers. If the debate continues in that vein, onstrates that they can neither individually Democrats like Mr. STENHOLM and Repub- chances are the people who need help the nor as an ethnic group exist in Romania licans like Mr. BARTON have risen above par- most could get lost in the rhetoric. under acceptable humane conditions; and tisanship in bringing the balanced budget Last Wednesday, at a hearing of the Com- Whereas, in addition, as a result of Roma- amendment to the forefront of political debate. mittee on Economic Opportunities, the rank- nian nationalist discrimination and persecu- This week we are being given the chance to ing Democrat, Rep. William L. Clay of St. tion, the Csa´ ngo´ -Hungarians of Moldavia are build on the efforts of Mr. STENHOLM and Mr. Louis, tried to boil the debate down to sen- no longer listed on official Romanian statis- sible questions: Are there enough jobs for the tics; and BARTON by cooperating to eliminate one of the Whereas, fifty years ago, about one million largest threats to the continued prosperity of 4.6 million adults now receiving welfare? Jews lived in Romania, and today they num- our countryÐthe deficit. A majority composed Who will care for the children while their ber less than 20,000; and of both Democrats and Republicans now be- parents work? Whereas, fifty years ago, about 800,000 Ger- lieves that a constitutional amendment requir- At issue are not people who are capable of mans lived in Romania, and today their ing a balanced budget is the right choice for finding work immediately. Forty-six percent of them, Mr. Clay notes, have less than a number is about 100,000; and taking our country into the 21st century with Whereas, at the present time, the number high school education. And the skills of the of Romas (Gypsies) in Romania is about five the guarantee of permanent fiscal responsibil- rest are such that they wouldn’t be able to million, but Romanian statistics recognize ity. The question seems to be how to do it. I find work that pays a sufficient wage to sup- only a few hundred thousands; and simply ask that you don't get lost in all the port families. Whereas, since the Peace Treaty Diktat of speeches that you hear on the floor this week. ‘‘If we want welfare to become a temporary Trianon, Hungarians who perished in Roma- We must not get so caught up in the debate support system,’’ he said, ‘‘then we must pro- nian internment camps or fled the country over how to balance the budget that we let the vide the education and training and child are estimated to be more than one million; balanced budget itself slip away. care and health care support essential to Therefore, in the knowledge of the above long-term employment. But that will take facts, the Hungarian National World Council Past Congresses have proven they lack the will to balance the budget. A balanced budget time and money.’’ and the American Hungarian Congress re- Precisely. Time and money. quest, in the name of the more than two mil- amendment will provide the constitutional But that’s not all. Both the GOP and the lion Hungarians living in the United States mandate that will ensure that future Con- Clinton administration have to acknowledge of America, and other countries of the West- gresses make balanced budgets the rule rath- ern world; that be it that many of the hard-core segment of the er than the exception. But we can't forget that welfare population are just plain unemploy- Resolved, tat the Government of Hungary passing a balanced budget amendment will and the other governments of the Conference able. A study done for the federal govern- on Security and Cooperation in Europe se- only be the foundation on which we must build ment noted that this segment includes many cure the continued existence of the 2.5 mil- a fiscally responsible Government. The real with lower IQs, among other problems, mak- lion Transylvanian Hungarians (who were work will come later when we vote on spending it exceptionally difficult for them to separated from their Hungarian motherland ing cuts and reductions in the size of Govern- move easily from public aid to private work. by the Trianon and Paris peace treaties) in ment that will be necessary to eliminate the Another issue worth more discussion is the accordance with European democratic norms deficit. Again, I urge my colleagues to support sorry state of this nation’s child-support (e.g. Switzerland and Belgium), so that with- the balanced budget amendment and to dedi- payment system. Illinois is a good example. in the framework of an independent Transyl- cate themselves to making the tough deci- A state audit found that 62 percent of the vania the Hungarians, Germans, Romanians, sions that will be necessary to eliminate our court-ordered support cases lacked sufficient Gypsies and other ethnic groups may exer- information, such as driver’s license num- cise their self-determination and rights as deficit. bers and Social Security numbers, to collect associated nations. f payments. In witness thereof, signed in Cleveland, OH The Republican administrations at the top in the United States of America, this 25th WELFARE, TIME, AND MONEY of Illinois government certainly haven’t day of November, 1994. demonstrated that their party has all the so- f HON. LOUIS STOKES lutions to welfare. Washington can make it easier for states to track these so-called PROPOSING A BALANCED BUDGET OF OHIO deadbeat parents, some of whom are known IN THE HOUSE OF REPRESENTATIVES AMENDMENT TO THE CONSTITU- to avoid their responsibilities by moving to TION Thursday, February 2, 1995 another state. Why not use Internal Revenue Service records to help states keep track of SPEECH OF Mr. STOKES. Mr. Speaker, as Congress these parents and make them pay their fair considers reforming our Nation's welfare sys- HON. BLANCHE LAMBERT LINCOLN share? tem, articles and editorials throughout the Meanwhile, both the Republicans and the OF ARKANSAS country are capturing some of the key ele- IN THE HOUSE OF REPRESENTATIVES administration would do well to acknowl- ments of the debate on the issue. edge Mr. Clay’s points that genuine welfare Thursday, January 26, 1995 Just recently our distinguished colleague will take time and money. To say the prob- The House in Committee of the Whole from Missouri, BILL CLAY, during a hearing of lem can be solved quickly or cheaply is ei- House on the State of the Union had under the Committee on Economic Opportunities, ther a delusion or a deception. E 254 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 1995 UNFUNDED MANDATE REFORM TRIBUTE TO CAROLYN JOY QUILL As new Federal programs are proposed that ACT OF 1995 would limit and restrict the use of private prop- HON. THOMAS M. FOGLIETTA erty to provide habitat for plant and animal SPEECH OF OF PENNSYLVANIA species, the rights of private property owners HON JERRY F. COSTELLO IN THE HOUSE OF REPRESENTATIVES must be recognized and respected. A clear OF ILLINOIS Thursday, February 2, 1995 Federal policy is needed to guide and direct IN THE HOUSE OF REPRESENTATIVES Federal agencies with respect to their imple- Mr. FOGLIETTA. Mr. Speaker, I rise on this mentation of environmental laws that directly Thursday, January 19, 1995 occasion to pay tribute to Ms. Carolyn Joy impact private property. The House in Committee of the Whole Quill on the occasion of her retirement after Therefore, it is the purpose of this act to House on the State of the Union had under more than 28 years of service at the Depart- consideration the bill (H.R. 5) to curb the ment of Health and Human Services and its provide a consistent Federal policy to encour- practice of imposing unfunded Federal man- predecessor agency, the Department of age, support, and promote the private owner- dates on States and local governments, to Health, Education, and Welfare. ship of property and to ensure that the con- ensure that the Federal Government pays In addition to working at the Department of stitutional and legal rights of private property the costs incurred by those governments in owners are protected by the Federal Govern- complying with certain requirements under Health, and Human Services [HHS] head- Federal statutes and regulations, and to pro- quarters in Washington, DC, Ms. Quill has ment, its employees, agents, and representa- vide information on the cost of Federal man- also served in the San Francisco and Philadel- tives. dates on the private sector, and for other phia regional offices. Since 1989, she has f purposes. been Regional Inspector General for Evalua- Mr. COSTELLO. Mr. Speaker, I rise today in tion and Inspections in the Philadelphia re- HONORING CAL KLEINMAN support of H.R. 5, the Unfunded Mandate Re- gional office, where she was Director of an inform Act of 1995. tegral program of nationwide policy studies I have long supported this legislation and that provided Federal decisionmakers in both HON. GARY L. ACKERMAN was a cosponsor of mandate relief legislation Congress and HHS with practical, reliable, and during both the 102d and 103d Congress. This timely information and advice. Ms. Quill has OF NEW YORK legislation is aimed at reducing the growing also served in the Office of the Inspector Gen- IN THE HOUSE OF REPRESENTATIVES number of mandatory regulations we impose eral, the Public Health Service, the Office of on State and local governments. Education, and the Social Security Administra- Thursday, February 2, 1995 These mandates have become a tremen- tion. Mr. ACKERMAN. Mr. Speaker, I rise today dous burden on local officials. As a former St. As is evidenced by her many service-ori- to join with the constituents of my district in Clair County board chairman, I understand ented positions, Ms. Quill is extremely active honoring Mr. Cal Kleinman, president of Ben- how Federal mandates can create pressure on in community affairs. She founded and served nett X-Ray Technologies, for his exceptional State and local governments to raise taxes in as the first president of a local Philadelphia show of kindness and generosity. order to comply with onerous Federal regula- civic association, and in 1990 was honored Showing a remarkable combination of spir- tions. with a citation from the Philadelphia city coun- itual and physical sensitivity, Cal Kleinman This bill will make it more difficult for Con- cil in recognition of her dedication to civic af- traded an $85,000 cutting-edge mammog- gress to pass bills continuing unfunded Fed- fairs. In addition to these distinctions, Ms. Quill raphy machine for a priceless, 300-year-old eral mandates onto State and local govern- has received numerous Inspector General ments. It would be against the rules of the Achievement Awards, and is listed in the 1988 TorahÐa prayer scroll containing the first five House to pass any legislation containing any edition of ``Who's Who of American Women.'' books of the Old TestamentÐthat for 50 years intergovernmental mandate, and would require I join with Ms. Quill's friends, family, and co- had been lying in the basement of a drug- an analysis of any mandate on the private workers in congratulating her on her retire- store in a small town less than a mile from the sector. ment. Auschwitz concentration camp. The town desperately needed the medical equipment, but In effect, it would prevent the House from f passing a mandate except when a majority of had no way to pay for it. The only thing it had Members vote to waive the rules, or if the PROVIDING FOR THE PROTECTION to offer were 18 Torah scrolls that had lain un- funding is provided to pay for the mandate it- OF PRIVATE PROPERTY RIGHTS noticed since the defeat of Nazi Germany at self. the end of World War II. Mr. Kleinman jumped The bill also requires not just the Congress HON. JACK FIELDS at the opportunity to help the developing coun- but Federal agencies to assess the effects of OF TEXAS try and to gain the Torah for his temple. Federal regulations on State and local govern- IN THE HOUSE OF REPRESENTATIVES Through a complex network of deals and ments, as well as the private sector, and to Thursday, February 2, 1995 negotiations that brought the scroll to New publish a special analysis before issuing any York via Rome, Chicago, and Cincinnati, the new regulation which may result in aggregate Mr. FIELDS of Texas. Mr. Speaker, along first Torah scroll arrived in New York on Janu- costs of $100 million or more. The measure with my colleagues, I am introducing the ``Pri- ary 30, 1995. Its permanent home will be requires each agency to establish a process to vate Property Owners Bill of Rights,'' to re- Temple Beth Torah in Melville. ensure local input into the development of reg- quire certain Federal agencies to protect the Mr. Speaker, I ask all my colleagues in the ulations with significant Federal mandates, rights of private property owners in America. House of Representatives to join me in honor- and establishes a commission to review un- Our Republic was founded upon the ancient ing Mr. Cal Kleinman for his incredible act of funded mandates and provide recommenda- and sound principles of ownership, use and benevolence. tions on reducing them. control of private property. These principles of This measure does make exceptions to cer- stewardship were embodied by our Founding f tain Federal laws which are designed to give Fathers in the fifth amendment to the Constitu- basic rights to our citizens. The mandate legis- tion, prohibiting the taking of private property REMEMBERING ELIZABETH MARRA lation would not apply to provisions of Federal without the payment of just compensation. law or regulations that implement or enforce Today, a number of Federal environmental individuals' constitutional rights, Federal civil programs, specifically the Endangered Spe- HON. STENY H. HOYER cies Act of 1973 and section 404 of the Fed- rights antidiscrimination laws, or accounting or OF MARYLAND auditing procedures for Federal grants. eral Water Pollution Control Act have been im- Mr. Speaker, there are some mandatesÐ plemented by employees, agents, and rep- IN THE HOUSE OF REPRESENTATIVES such as safety standards in the workplaceÐ resentatives of the Federal Government in a Thursday, February 2, 1995 which should be mandated. However, there is manner that deprives private property owners no reason why Congress cannot work with of the use and control of their property. The Mr. Speaker, the inevitability of death does American companies and provide the funding result is that private property owners are being not diminish the shock when it arrives pre- to comply with these mandates. forced by Federal policy to resort to extensive, maturely and unexpectedly. This mandate relief legislation is long over- lengthy, and costly litigation to protect certain Thus came my friend, Elizabeth Julia (Betty) due, and I urge my colleagues to join me in basic civil rights guaranteed by the Constitu- Marra's death: unexpected, premature, unwel- supporting this bill. tion. come. February 2, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 255 Those of us who had been her friend DATABASE FOR TRACKING VETS’ tive and appointive office in the organization. through the years, and who, just days ago, ILLNESSES RELATED TO VIET- He has served as a member of various boards had worked with her and experienced her en- NAM SERVICE and commissions in the Commonwealth, and thusiasm and energy have great difficulty in has been instrumental in negotiating labor contemplating her absence. HON. SAM GEJDENSON agreements for the USWA in Pennsylvania. Betty Marra and I graduated from the same OF CONNECTICUT I would like to take this opportunity to con- high schoolÐSuitlandÐtwo years apart. We IN THE HOUSE OF REPRESENTATIVES gratulate John and wish him well in his retire- were contemporaries. Therefore, more than ment. The USWA loses an important figure Thursday, February 2, 1995 most, I know she has died too young. We did with his retirement, but John Reck has made not know one another in high school, but soon Mr. GEJDENSON. Mr. Speaker, I rise today the USWA in Pennsylvania a stronger and thereafter we became friends as members of to introduce legislation which will establish a more effective organization through his work. the Young Democrats of Prince George's database within the Department of Veterans' His legacy will continue to influence the County. Affairs to track patterns of illness experienced USWA in Pennsylvania, and his efforts on be- She loved politics and it was a very large by our Nation's veterans. half of steelworkers will be long remembered. part of her life. And in almost every campaign In the 1950's, submariners in southeastern f during the past 30 years, Betty was there: in- Connecticut were treated with radium expo- volved; leading; following; helping; encourag- sure to the base of the brain. It's only recently UNFUNDED MANDATE REFORM ing; and making a difference. that the Federal Government is beginning to ACT OF 1995 She had come, like so many of us in Prince recognize that veterans may have significant George's County, from someplace else. But health problems as a result. SPEECH OF this was home and this was where she made In the 1960's, we sent our troops into Viet- a difference. She worked for, taught, learned nam. It wasn't until years later that troops suf- HON. GARY A. FRANKS from, and greatly helped so many of us who fering debilitating diseases as a result of expo- OF CONNECTICUT have been given the privilege and honor of sure to Agent Orange received help. IN THE HOUSE OF REPRESENTATIVES elected public service. From the great chair- In 1990, we sent our troops into the Middle man of the House Judiciary Committee, Peter East. It wasn't until the end of the 103d Con- Thursday, January 19, 1994 Rodino; to Representative Leon Galvin of gress that the mystery illnesses plaguing Gulf The House in Committee of the Whole Pennsylvania; to my friend, Representative Bill War vets were recognized as service-con- House on the State of the Union had under Hughes of New Jersey. And, of course, she nected disabilities. consideration the bill (H.R. 5) to curb the participated as a member of the staff of the The Federal Government is beginning to re- practice of imposing unfunded Federal mandates on States and local governments, to historic Impeachment Inquiry Committee in spond quicker, but our veterans deserve bet- 1974. ensure that the Federal Government pays ter. the costs incurred by those governments in Her longest continuous employment was, Our troops have just returned from Somalia, complying with certain requirements under appropriately, with her dadÐthe patriarch of and will soon return from Haiti. We do not Federal statutes and regulations, and to pro- the wonderful Procopio family, which, like know if they are sick as a result of their serv- vide information on the cost of Federal man- Betty, has made such a positive contribution ice, but we shouldn't wait for years before we dates on the private sector, and for other to the life and wellbeing of our community. try to find out. purposes. Betty always reflected warmth and gracious- My bill would pro-actively look for health Mr. FRANKS of Connecticut. Mr. Chairman, ness of her mother Rose; and evidenced by problems in service personnel and veterans I rise today in support of H.R. 5, the unfunded the love of her brothers: the late Alfonso, Jr., beginning with those troops who returned from mandates reform act. H.R. 5 responds to the Ray, and Joe, and her sisters, Josephine and Somalia and continuing with all combat troops cries of State and local governments saddled Linda. And, I can remember well, Julio as in the future. with the financial responsibilities associated early as the 1960's, and the contribution he It will establish a database in the VA to with unfunded mandates. We have a situation has made, as well. Thank you Julio, for what track disability claims, health screenings and wherein the GovernmentÐmeaning Congress you have meant to so many of us. individual phone calls looking for patterns of as well as executive branch agenicesÐimpose Elizabeth Julia Marra was a special person, illness. The database will also include the duties upon States and localities, while at the who reflected what Hubert Humphrey referred spouses and dependents of veterans who may same time refusing to finance the cost of the to in 1968 as the joy of politics. In talking to be ill due to the veteran's exposure. Finally, regulations. Cities across the country continu- her sons, Al and Michael, they commented on the database will be completely confidential ously report on how their ability to govern and that joy she shared. The excitement she de- and information will only be included with the meet budgetary priorities is undermined by our rived from and brought to her involvement in individual's consent. increased tendency to dictate priorities to the political process at the county, State, and When we ask our troops to put their lives on State and local governments. We must recog- national levels. From precinct official to Presi- the line in defense of our country, they do not nize that in a time when funds are limited, the dent were persons she respected for their ef- say ``we are too busy right now, maybe in a entities most qualified to allocate those funds fort and their commitment. few years.'' They respond immediately. When are the affected local communities. Betty Marra was contagious. And so many they get sick as a result of their service, the Opponents of H.R. 5 view the legislation as of us caught her spark and carry it with us U.S. Government has an obligation to respond a mechanism by which current environmental; today. We will remember her and her vitality, immediatelyÐnot in a few years. and public health laws will be gutted. How- her optimism, her drive, her warmth, her faith, I hope other Members will consider co-spon- ever, I see this bill as an attempt to refocus her love of life and of all of us. soring this important legislation. our direction, recognizing that we cannot con- History chronicles the contributions of a few f tinue to usurp the authority of States and lo- and we call those individuals famous. Betty calities. H.R. 5 forces us to seriously consider was not famous. But, Betty Marra did what all RETIREMENT OF JOAN RECK the financial ramifications of the legislation we of us should do; she gave freely of her time propose each year. and talent to make her community and country HON. JOHN P. MURTHA H.R. 5 accomplishes the following: If it is better. She did what President Kennedy urged OF PENNSYLVANIA determined that a bill contains an unfunded each of us to do and she did not `àsk what IN THE HOUSE OF REPRESENTATIVES mandate a point of order could be raised on her country could do for her, but what she the House floor which can be waived with a could do for her country.'' Thursday, February 2, 1995 majority vote. This accomplishes the follow- And, as she did, she joined the ranks of Mr. MURTHA. Mr. Speaker, I would like to ingÐfor one, we are forced to go on record thousands who have played a part in preserv- take a moment to note the retirement of John should we decide to impose an unfunded ing and protecting the great Nation we love as Reck, the chairman of the United Steelworkers mandate on States and localities. Second, we the ``land of the free and the home of the Association's Pennsylvania legislative commit- are greater informed about the effect that our brave.'' And so, for what she did for each of tee. actions would have. I think that is reason us; and what she did for me, I say, ``Thank John has spent 43 years with the USWA in enough for passage of this legislation and I you Betty, we miss you.'' Pennsylvania, serving in virtually every elec- would urge my colleagues to support this bill. E 256 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 1995 SALUTING UNITED JEWISH AP- that are imposed on all other Americans. And THE HIGHER EDUCATION PEAL-FEDERATION OF NEW last week we approved and sent to the Senate ACCUMULATION PROGRAM [HEAP] YORK a balanced budget amendment to the Con- stitution, a cornerstone of the contract that will HON. CAROLYN B. MALONEY force the Federal Government to balance its HON. ANNA G. ESHOO OF NEW YORK revenues and expenditures. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES After more than 3 weeks of open debate IN THE HOUSE OF REPRESENTATIVES Thursday, February 2, 1995 and the consideration of 150 amendments, we fulfill another contract pledge. That is to end Thursday, February 2, 1995 Mrs. MALONEY. Mr. Speaker, I rise today the growing practice of Congress passing Ms. ESHOO. Mr. Speaker, I am proud to to recognize the good work of United Jewish mandates onto State and local governments sponsor the Higher Education Accumulation Appeal-Federation of Jewish Philanthropies of without passing along the required Federal Program [HEAP] Act of 1995. This legislation New York. funding to carry out these mandates. would allow parents to make tax deductible This week marks UJA-Federation Week, a Congress, with increasing frequency has contributions to IRA-like savings accounts ear- program featuring activities at community passed more and more legislation that takes marked for their children's college or voca- agencies, synagogues, and schools to pro- power away from the people and concentrates tional education. mote awareness about UJA-Federation and it in the hands of Federal bureaucrats in Higher education has often become a mat- the services it provides. Sunday, February 5, Washington who promulgate countless new ter of checkbooks as much as textbooks. UJA-Federation will hold its annual Super regulations and requirements. When the cost When I first introduced HEAP last year, it was Sunday development event. of this big government started to become too one of the few serious efforts attempting to The funds raised during Super Sunday will expensive, Congress continued to enact bur- help middle class families with climbing costs enable UJA-Federation to help 4.5 million peo- densome legislation but dumped the cost in of higher education. I am pleased that my ef- ple in New York, Israel, and over 50 countries the laps of State and local governments. forts put the issue on the radar screens of the around the world. UJA-Federation helps the The balanced budget amendment we Clinton administration and congressional Re- Jewish community and New Yorkers from all passed last month will protect tomorrow's gen- publicans. Last December, the President of- backgrounds, including children, the aged, the eration from paying for today's government. fered a tax deduction for college education poor, immigrants and refugees, single-parent The legislation we consider today protects the and the GOP has reintroduced the American families, the sick, the disabled, the homeless, taxpayers of our States from having to do the dream savings accounts. My bill will become and people with AIDS. same. part of the larger move in Congress to assist Mr. Speaker, it has been my great pleasure It is estimated that the unfunded Federal the middle class, promote higher education, to work with UJA-Federation to help those in mandates passed during past sessions of and encourage greater savings by the Amer- need, and I would ask that my colleagues join Congress will cost our States and cities hun- ican people. In short, this legislation makes a me in celebrating UJA-Federation Week as dreds of billions of dollars unless Congress heap of good sense. well as Super Sunday. acts. In Florida, mandates in certain Medicaid A recent study by the investment manage- f regulations, the Americans With Disabilities ment firm T. Rowe Price found that in 11 UNFUNDED MANDATE REFORM Act, the Safe Drinking Water Act, the National years it will cost over $71,000 for a child to ACT OF 1995 Voter Registration Act, and others, cost our earn a 4-year degree from a public college State taxpayers almost $1 billion a year. In and more than $139,000 for a child to attend SPEECH OF fact, in 1993 alone, State and local govern- a private university. HEAP will help middle ments in Florida were forced to pay almost class families whose kids do not qualify for HON. C.W. BILL YOUNG $900 million to illegal aliens as a direct result low-interest student loans or other Govern- OF FLORIDA of the Federal Government's shoddy implement-subsidized education aid to meet these IN THE HOUSE OF REPRESENTATIVES mentation of its contradictory immigration costs. Parents need an alternative. They Thursday, January 19, 1995 laws. By passing the Unfunded Mandate Re- should not be asked to liquidate their retire- The House in Committee of the Whole form Act, we answer the call of Americans ment savings or mortgage their homes to pay House on the State of the Union had under wanting less bureaucracy, less regulation, and for higher education, and HEAP provides that consideration the bill (H.R. 5) to curb the more fairness in their lives. alternative. practice of imposing unfunded Federal man- Through legislation I have supported, our Parents and colleges are already well aware dates on States and local governments, to Nation has made great strides in protecting of this financing problem and are taking steps ensure that the Federal Government pays our environment, expanding access to public to address it. For example, a funding edu- the costs incurred by those governments in complying with certain requirements under facilities to those with disabilities, increasing cation committee was formed by the Kenyon Federal statutes and regulations, and to pro- workplace safety, and educating our children. College Alumni Council to explore cost projec- vide information on the cost of Federal man- The Unfunded Mandate Reform Act does not tions for attending their school in the years dates on the private sector, and for other prohibit Congress from considering future leg- ahead. Alumni, parents, faculty, and adminis- purposes. islation with equally noble goals, it simply will tration personnel spent over a year looking at Mr. YOUNG of Florida. Mr. Chairman, I rise alert our colleagues in the House and the costs, public policy issues, and financing today in strong support of H.R. 5, the Un- Governors and State Legislators of our States ideas. They were shocked to discover that, as- funded Mandate Reform Act of 1995. of the impact it will have on the States and on suming a moderate annual inflation rate, it will The message from last November's elec- State treasuries. cost approximately $250,000 for students to tions is that the American people want a Certainly when Congress chooses to act on obtain a 4-year degree if they enter Kenyon smaller, less intrusive Federal Government. an issue worthy of Federal law and national College in 2010. The election was a ringing endorsement of our attention, it should also provide the funding to Mr. Speaker, Kenyon College, its alumni Republican Contract With America, which implement the policy, not pass the buck to the council, and its funding education committee under the Job Creation and Wage Enhance- States. deserve a great deal of credit for addressing ment Act promises significant government re- Our colleagues in the other body have al- this problem. In particular, I would like to com- forms and the elimination of unfunded Federal ready acted to lift the net of Federal regulation mend Neal Mayer, immediate past president mandates passed on to State and local gov- that has covered our country. It is my hope of Kenyon's Alumni Council, for bringing this ernments. this House will do the same, and that the matter to my attention and developing the con- On the first day of this 104th Congress, we President will keep his promise to sign com- cept incorporated in my legislation. Not only delivered on our commitment in the contract to prehensive mandate reform legislation into has the Kenyon Alumni Council helped draft reduce the cost of running our own House, law. Congress must respond to the people's this bill, but it is also spearheading a grass- eliminate the number of congressional commit- call for a smaller, less intrusive government, roots drive to generate support for HEAP tees and staff, and make our daily business and restore balance and fairness to our among various college parents, alumni, and more open and representative of those we are unique Federal system. Fairness dictates that officials across the country. I hope that many elected to serve. Later in January we enacted Congress cover the cost of implementing the of my colleagues will soon hear from these the Congressional Accountability Act to ensure laws it passes by prohibiting the shifting of HEAP supporters and cosponsor this impor- that the Congress lives under the same laws those costs to State and local governments. tant legislation. February 2, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 257 The HEAP Act would allow parents to de- ‘‘PAID VOLUNTEERISM’’: AN OXY- In 1992 candidate Clinton endorsed increas- posit up to $5,000 per child each year in a col- MORONIC IDEA ing the minimum wage. During 1993 and 1994, lege savings account with a maximum allow- when he had a congressional majority that would have done it, he did not ask for it, pri- able deduction of $15,000 per year. When HON. GERALD B.H. SOLOMON marily because some sensible Democrats money is withdrawn from a HEAP account for OF NEW YORK told him it was a dumb idea. Al From, head education purposes, one-tenth of that amount IN THE HOUSE OF REPRESENTATIVES of the centrist Democratic Leadership Coun- would be included in the gross income of the Thursday, February 2, 1995 cil, which once advertised Clinton as a New beneficiary for tax purposes over a 10-year Democrat, says of the minimum wage pro- Mr. SOLOMON. Mr. Speaker, I commend posal: ‘‘It’s anachronistic, it’s a loser, it’s period. The legislation also includes a 10-per- George Will's article in the Saturday, January got no bite with the middle class. And it cent penalty for money withdrawn from a 28th edition of the Washington Post for your screams old Democrat.’’ HEAP account for purposes other than paying attention: Now that there is a Congress that Clinton for higher education. TWO LIBERAL LOSERS knows will not enact an increase, he calls it Mr. Speaker, this legislation provides a (George F. Will) urgent. However, during Tuesday night’s HEAP of relief for middle class families who oration, when he was pitilessly detailed President Clinton’s turbid State of the about almost everything, he remained reti- are often not eligible for low-interest student Union address was a metaphor for modern cent about how much the minimum wage loans and other Government aid. By encour- government—sprawling, metastasizing, un- should be increased. Leaving aside the aging these families to save for their children, disciplined, approaching self-parody. It un- unwisdom of government telling employers we help give future generations access to all derscored the fact that his administration what to pay employees, it is generally true now is politically almost harmless,but is aes- that when you increase the cost of some- the advantages of higher education. I urge my thetically excruciating. colleagues to support the HEAP Act and pay thing, people buy less of it. There is evidence The address was heavily larded—exactly that is true of labor at the low end of the tribute to those who shaped this worthy legis- the right word, that—with semi-conservative wage scale. lation. words about cutting taxes, spending and reg- The first federal minimum wage—25 cents ulations. However, regarding two matters an hour—was enacted in 1938. Since then, the f Clinton considers crucial—the American longest time between increases was from 1981 Corps ‘‘national service’’ program and the to 1990. During that span, teenage unemploy- ISRAEL H. MILTON HONORED minimum wage—the address was half-baked ment (teenagers are a third of all minimum and half-hearted liberalism. wage earners) fell from 23.2 percent to 15.5 AmeriCorpos, says Clinton, will revive percent, and black teenage unemployment HON. CARRIE P. MEEK American volunteerism. The approximately fell from 48 percent to 31 percent. Then the 80 million Americans who volunteer their forces of compassion struck, raising the min- OF FLORIDA time to religious and civic organizations imum wage twice, in 1990 and 1991. In 1992 may wonder who needs reviving and how teenage unemployment went up to 20 per- IN THE HOUSE OF REPRESENTATIVES much it matters whether AmeriCorps even- cent. tually produces 100,000 more volunteers. Thursday, February 2, 1995 Now, it is problematic establishing causa- Today 2.9 million of America’s 80 million tion for any phenomenon as complex and Mrs. MEEK of Florida. Mr. Speaker, next volunteers are ages 18 to 25, the ages of varied as joblessness. And some studies, in- AmeriCorps ‘‘volunteers.’’ week Israel H. Milton, the Assistant Dade cluding one by associates of the current sec- To Americans who use the English lan- retary of labor, purport to show that the County Manager responsible for human serv- guage to communicate thoughts rather than ices programs, will retire from our county gov- minimum wage can be increased somewhat parody them, the use of the word ‘‘volun- without increasing unemployment. However, ernment. I want to join with his many friends teer’’ in connection with AmeriCorps’ re- the question is academic because a former and admirers throughout our entire community cruits must seem like the latest redundant academic—Rep. Dick Armey, the ex-profes- in extending to him our thanks for his out- evidence that Washington is stark raving sor of economics who now is majority lead- mad. To plain-speaking Americans, a volun- er—says he will oppose an increase ‘‘with standing service and our congratulations for a teer is someone who contributes his or her job well done. every fiber of my being,’’ and he will have unpaid labor. Clinton’s ‘‘volunteers’’ will be much company. Israel Milton is a public servant in the very paid a $7,400 annual stipend, plus $9,450 worth But this is of more than academic interest: highest and best sense of the word. He is a of college expenses over two years. And this The minimum wage is now $4.25 an hour. veteran of more than three decades hard work is not all that Clinton’s little puddle of gov- Clinton is said to be thinking about seeking and achievement in the area of social serv- ernment-manufactured ‘‘volunteers’’—little $5 an hour. The New Citizenship Project cal- relative to the 80 million true volunteers ices. culates that AmeriCorps ‘‘volunteers’’ earn who need neither financial incentives from, more than $7 an hour. Never one to shy away from difficult assign- nor organization by, government—will cost ments, Israel Milton began his career in Dade taxpayers. f County in 1967 as a social services adminis- In addition to the health and childcare entitlements for AmeriCorps members, and SALUTE TO CHICAGO ATTORNEY trator at the Kendall Children's Home. He also AND FORMER ALDERMAN LEON served as director of the Office of Neighbor- AmeriCorps’ Washington bureaucracy, money is spent to locate ‘‘volunteers’’ to DESPRES, ON THE OCCASION OF hood Service Centers and director of the take AmeriCorps money. The Omaha World- HIS 87TH BIRTHDAY Model Cities Program; became director of the Herald says that AmeriCorps gave Nebras- Department of Human Resources in 1982; and ka’s state government a $457,622 grant to re- rose to assistant county manager in 1992. cruit 23 AmeriCorps members. That $19,896.60 HON. BOBBY L. RUSH The talents and judgment he brought to per recruit calls into question the effective- OF ILLINOIS ness of the $1.7 million AmeriCorps paid a IN THE HOUSE OF REPRESENTATIVES these jobs and the breadth and depth of his Washington PR firm for national advertis- experience will be sorely missed; people of his ing. Thursday, February 2, 1995 calibre are not easily replaced. He has always According to the New Citizenship Project, Mr. RUSH. Mr. Speaker, I rise this afternoon been accessible to the people of our commu- a conservative advocacy group, of to salute a gentleman who is a Chicago insti- nity, constantly working to provide quality serv- AmeriCorps’ first 20,000 ‘‘volunteers,’’ 1,200 tution and a lifelong friend of the underdog ices and a better life for all our citizens. are working for agencies of the federal government. The New Citizenship Project warns and of the working Chicagoan. Leon Despres, Israel Milton is a graduate of Dorsey High that AmeriCorps is ripe for politicization, who turns 87 years young today, played a cru- School in Miami and Bethune-Cookman Col- citing a Washington Monthly report that a cial role in the Chicago City Council during the lege. He received his Master's Degree in so- 1993 pilot project became an exercise in iden- senior Richard Daley's tenure as major of Chi- cial work from Atlanta University. tity politics and political correctness, devel- cago. This role, that of the loyal and principled Mr. Speaker, I want to extend my best wish- oping ethnic and homosexual caucuses. And opposition, is one that my Democratic col- es to Israel Milton and to his wife, Thelma Mil- the Los Angeles Times reported that a 1994 leagues and I are growing to appreciate more pilot project in San Francisco used its ‘‘vol- and more as we settle into our new roles in ton. Our community thanks you for your serv- unteers’’ to protest ‘‘three-strikes-and- ice and for the contribution you have made to you’re-out’’ crime legislation.’’ the 104th Congress. Unfortunately, I did not the lives of so many people. Clinton calls AmeriCorps the achievement have the honor of serving in the Chicago City ‘‘I would say I was most proud of.’’ No mini- Council during the 20 years that Mr. Despres mum wage increase will be rival for that served there. However, he served as Par- title. liamentarian of that body under the late, great E 258 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 1995 Mayor Harold Washington during my first few Daley has been dead since 1976 and the ma- Steeltown ties go back a long way—to the years in the Council. Len Despres is well chine long since has lost firepower, but days when there really was a Steeltown. known as a tireless advocate of such bread- Despres goes on. He thrives on lawyering, Ed Sadlowski once was the youngest dis- and-buter issues as racial equality, civil rights, the hands-on kind. He relishes phone calls, trict director in the United Steel Workers of conferences, clients new and old. America, with Despres as his attorney. fair housing and open government. Unlike so He’s not a man for long lunches, and some- Sadlowski hadn’t even been born in 1937 many of his contemporaries, he advocated times grabs a salad at Morton’s Cafeteria, an when Chicago police killed 10 labor dem- many of these controversial issues during a old-line hangout for old-line Lop types at 120 onstrators at a Memorial Day gathering. The time before they were fashionable and fre- W. Madison St. He takes time out only for a shooting came to be known in labor history quently did so in the face of great opposition. half-hour afternoon nap ‘‘to recharge my as the Republic Steel Massacre. Mr. Speaker, the Chicago Tribune published batteries.’’ Office routine elates him. In the stunned aftermath, a protest rally an article about Mr. Despres in its January 22, ‘‘I enjoy clearing titles, drafting wills, ad- was held in the Civic Opera House. ‘‘Did you 1995 edition, and I submit this article, which vising people,’’ he says. Mind you, this has know Despres helped to organize the captures the essence of Mr. Despres quite ac- been going on since he started practice in rally?’’says an admiring Sadlowski. 1929. ‘‘He’s had 60-odd years of being consist- curately to be entered into the CONGRESSIONAL The man is an institution: the Phi Beta ently good. He was over at my house the RECORD in honor of Mr. Despres' 87th birth- Kappa liberal, independent Democrat and other day and he’s as sharp as ever. I wonder day. best friend of underdogs who wouldn’t go what he drinks that keeps him that way.’’ [From the Chicago Tribute, Jan. 22, 1995] along and consequently never got to be a Said Sadlowski’s wife, Marlene: ‘‘Exer- STILL IN THE SWIM judge or a congressman. cise!’’ (By M. W. Newman) In his time in office you couldn’t beat City REMEMBERING CLARENCE DARROW Leon Despres gets to bed around 9 o’clock Hall, and Despres didn’t. But now try walk- Like Cole Porter penning a lyric, Despres on most weeknights and sleeps the sleep of ing with him anywhere near that hall with- always seems to know what his next word babes and sages. At 4:50 a.m. he’s up and out someone coming up and saying, ‘‘Hello, should be. He can spout in four languages ready to go. That’s the Despres way. Alderman.’’ and quotes Thucydides, Ovid, Homer, Shake- Thirty-five minutes later, he’s downstairs ‘‘Everybody wants Leon’s blessing,’’ says speare and the fabled Chicago lawyer of yes- at 59th Street and Stony Island Avenue, his friend Herbert M. Kraus, a veteran pub- ter-year, Clarence Darrow. waiting in the icy darkness for the CTA’s No. licist and civic doer. ‘‘He’s a Renaissance Darrow died in 1938, but Despres recalls a 6 express bus. It’s a January morning, 4 de- man in hustling Chicago.’’ long talk he once had with the brooding old grees above zero. A prairie wind shivers in. Despres may not hustle, but he gets there titan. ‘‘He had an office right in this same No problem: Despres has had 86 years of get- just the same. He’s tall and erect, with an building,’’ he says. ‘‘We keep his photograph ting used to it. Nearly 87. assured manner, handsome features, silvery in our conference room. He was an inspira- The No. 6 at this hour is a working folks’ hair and a silver tongue to go with it. These tion, a great trial lawyer—selflessly inter- bus. The passengers are regulars. As on most days he’s trying to take off 10 or 15 pounds. ested in the fight against discrimination and mornings, Despres is the only white person Otherwise he doesn’t look all that different the death penalty.’’ aboard. Almost certainly he is the only 86- than he did during his warrior times in the Every year on the anniversary of Darrow’s year-old. Beyond doubt, on this trip he is the council. death, Despres helps to conduct a memorial only Loop lawyer, former alderman and cer- ‘‘Leon was born with a great deal of energy ceremony for him in Darrow’s beloved Jack- tified civic role model, all in one. and can do whatever he sets out to do,’’ says son Park. The bus swings downtown along South his wife, Marian. She is an eminent Despres, of course, is not the rumpled, sus- Lake Shore Drive. Despres loves the lakeside Chicagoan herself and a member of the Chi- penders-thumbing showman and yarn-spin- run but notes the pileup of parking lots and cago Landmarks Commission. But when he ner that Darrow, was. He keeps his hair convention halls and traffic ramps where gets up early to go swimming, she confides, combed, wears a pressed suit and a neat tie, trees or open water once held sway. ‘‘I roll over and go back to sleep.’’ and cannot be accused of cracker-barrel cha- ‘‘Civicide’’ is one of his words for vol- ‘HORATIO AT THE BRIDGE’ risma. untary treeslaughter. Until a few years ago, But Despres has shown how to bring ‘‘jus- he enjoyed bicycling to work on the lake- Despres’ fan club includes some members tice to the city,’’ Geoghegan wrote in front until he was rammed from behind and who at times crossed swords or at least ‘‘Which Side Are You On?’’ his impassioned knocked cold by another biker. words with him. Seymour Simon, now 79 and book about organized labor published in 1991. ‘‘I took that as a warning; you can’t hear a former justice of the Illinois Supreme Despres never has left much doubt about a bicycle,’’ he says—and gave up the bike for Court, was an alderman and ward com- which side he is on. The elder Daley’s gum- early-a.m. swimming. mitteeman in the Daley vs. Despres years. shoes spied on him for years, it turned out By about 5:50 on this morning, as on all He calls Despres ‘‘the best alderman in the after Despres left the council. They may weekday mornings, he’s in the University United States.’’ have wondered why they bothered, because Club, a polished neo-oldie cloister at 76 E. ‘‘He was Horatio at the bridge,’’ says he seemed to favor lost causes and oddball Monroe St. The club building dates from Simon. ‘‘Wise, brilliant, with a great grasp of fancies like racial equality and fair housing, 1908, the year Despres was born at 41st Street details and sense of humor.’’ civil rights, open government, budget econ- and Michigan Avenue. It has dark wood pan- John Hoellen, 80, served with Despres from omy, freedom from censorship, controls on eling and baronial fireplaces, but he skips all 1955 to 1975. Hoellen was that exotic alder- lead-paint poisoning. that and is in the basement pool by 6 a.m. manic import, a Republican. Despres was even tailed to a Halloween Despres is not there to float around. He He and Despres once got into a row over a benefit party in 1972 at the First Unitarian does his 52 laps, a half-mile, moving from James Baldwin novel that was required read- Church on 57th Street. backstroke to breast stroke to crawl as ing at Wright Junior College. It wasn’t any Buy a funny thing happen on the way to steadily as a swimmer a quarter of his age. of the City Council’s business, but Hoellen the 21st Century. Musclebound Chicago loos- Usually a half-dozen other swimmers join challenged Despres to read aloud some of the ened up. Despres has lived long enough to see him. But no one else even shows up on this homoerotic passages. Despres replied by ask- many of his causes embraced or least grudg- ice-cold morning. ing Hoellen if he would ban the Bible because ingly accepted by the party wheelhorses. ‘‘The whole gang chickened out,’’ he says it had sex in it. ‘‘You don’t have the top-heavy load of with a laugh. But all that was 30 years ago. Hoellen now payrollers anymore,’’ says Hoellen. ‘‘There’s He’s in the water by himself for 42 min- describes Despres as a ‘‘super person, more sensitivity to problems.’’ utes, comes out lit up and follows with pool- thoughtful, considerate, decent, compas- side coffee, rolls and bagels: the Despres rou- sionate.’’ BATTLING THE BOSS tine. Probably nobody, however—starting with But there’s less comic relief. Despres’ tiffs ‘‘It makes my day,’’ Despres says in that Despres—expected him to go on being a suc- with Boss Daley, sire of the present mayor, strong, clear voice of his. ‘‘Absolutely makes cessful lawyer into his late 80s. He is at a had an ‘‘Odd Couple’’ sense of antic timing. my day.’’ peak of achievement, says his 45-year-old The Boss was maximum leader of the troops, But his day is just starting. By 7:45, Mon- partner, Thomas Geoghegan. had the votes and presided over the City day through Friday, he’s in his office at 77 Despres long has been an attorney for Council, so he couldn’t lose. W. Washington Blvd. for a full round of labor union, and his clients in the firm of Despres learned early to talk fast before work. He doesn’t knock off till 5:15. Despres, Schwartz and Geoghegan now in- the beet-fased mayor could grow irritated Leon Despres, generally known by his clude the Teamsters under the reform lead- and cut off his aldermanic microphone. That nickname of Len, is an enduring natural ership of Ron Carey. happened at times. ‘‘I couldn’t count on any wonder of Chicago. For 20 years ending in In the 1980s, Geoghegan was the firm’s 10 minutes,’’ Despres explains. 1975, Despres was the City Council’s inde- point man in an embittering fight to win a Seymour Simon summons up remembrance pendent icon, the finger-wagging conscience settlement for the bereft employees of Wis- of a Daley-Despres sideshow of the late 1960s. from Hyde Park snipping at old Boss Mayor consin Steel after it shut down. A $14.8 mil- Despres ‘‘was the instigator’’ on that occa- Richard J. Daley and the party machine. lion payout was awarded in 1988. Despres’ sion, according to Simon, and was needling February 2, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 259 the Boss about his choice of a new police su- THE IMPORTANCE OF RESEARCH tion, about smaller government, less regula- perintendent. It was a ticklish matter. Chi- AND DEVELOPMENT tion, and market incentives as opposed to cago had never fully reclaimed face after a Government-dictated solutions. The R&D cred- 1960 ‘‘burglars-in-blue’’ scandal that was all HON. NANCY L. JOHNSON it is an example of a successful program by but etched on the city seal. which the Federal Government has encour- Daley flared back and called Despres ‘‘a OF CONNECTICUT aged market forces to dictate where and when faker,’’ Simon remembers. IN THE HOUSE OF REPRESENTATIVES innovation and technology should occur. The That brought Simon into the game. He Thursday, February 2, 1995 urged the mayor to cool it. At the time, most recent study on the issue, prepared by Simon had begun wearing his hair in a re- Mrs. JOHNSON of Connecticut. Mr. Speak- KPMG Peat Marwick's policy economic group, play of Samson before Delilah got her shears. er, the single biggest factor behind productivity concludes that `à one dollar reduction in the Baseball players and hard hats often look growth is innovation. Two-thirds to 80 percent after tax price of R&D stimulates approxi- that way now. But in the 1960s hair around of productivity growth since the Great Depres- mately one dollar of additional private R&D the ears looked like aldermanic heresy to sion is attributable to innovation. In an industri- spending in the short run, and about two dol- the Boss. alized society, research and development is lars of additional R&D spending in the long ‘‘Why don’t you go get a haircut?’’ he the primary means by which technological in- run.'' That, in turn, implies long run increases snapped at Simon. novation is generated. However, because in GDP. Thus, an effectively targeted R&D Legend has it that Despres proposed that firms cannot capture fully the rewards of their credit can help set the pace of growth and the council’s forestry committee set stand- innovationÐthe rate of return to society of in- should not be allowed to expire. ards for the foliage of aldermen, though he Currently the Government spends over $71 says he doesn’t remember that quip now. novation is twice that which accrues to the in- billion per year on nondefense R&D. This Even that wasn’t the last word. dividual companyÐthe market activity alone Two days later, Daley telephoned Simon. creates under-investment in R&D. The situa- spending will, and should, come under scru- ‘‘Sis [Daley’s wife, Eleanor] tells me I got tion is aggravated by the high risk associated tiny with the rest of Federal spending. This to apologize,’’ he said. with R&D. Eighty percent of such projects are spending can be cut without reducing our ‘‘No need,’’ Simon replied. ‘‘We’re grown believed to be economic failures. Therefore, commitment to U.S. commercial leaders of the men.’’ economists and technicians who have studied technological revolution. I believe a permanent ‘‘Sis tells me I got to apologize,’’ the Boss the issue are nearly unanimous that the Gov- R&D credit should be enacted as part of a repeated. ernment should intervene to bolster R&D. meaningful, market-driven program to stimulate R&D, and I sincerely hope such action A CIVIC LANDMARK If the United States fails to provide U.S. companies with competitive incentives to con- can be completed before the June 30, 1995, Despres rarely heard apologies. Ald. Vito duct R&D, many U.S. firms in key industriesÐ expiration date. Marzullo despaired of him as a ‘‘nitwit.’’ Ald. I am pleased to be introducing this legisla- Thomas Keane, Machiavelli of the council, aerospace, electronics, chemicals, health tech- complained that Despres was a ‘‘loud- nology, and telecommunications, to name a tion with my friends and colleagues, Rep- mouth.’’ That was before Keane was sent up fewÐwill find it harder to compete in an in- resentatives ROBERT MATSUI, WALLY HERGER, for mail fraud. creasingly globalized marketplace, jeopardiz- and RICHARD NEAL. I intend to work actively to Aldermen who stayed clear of prison yelled ing their leadership positions. ensure a permanent extension of the R&D ‘‘shut up’’ at Despres. He never did. What’s For the past 13 years we have had an R&D credit and encourage all my colleagues, on more, he remained on the council scene after tax credit, designed to provide an incentive for both sides of the aisle, to work with me in this retiring from it by serving as parliamentar- companies to conduct additional R&D in the important endeavor. ian for two mayors: Jane Byrne (‘‘always in- United States. Some, myself included, believe f teresting and she gave great parties’’) and the credit structure can be improved to in- Harold Washington (‘‘a great mayor’’). It was crease its effectiveness, especially regarding AGRICULTURAL LANDS all in a day’s routine for a man used to 100- small business and high-technology industries. PROTECTION ACT OF 1995 hour work weeks when he was an alderman. As the marketplace changes and industries Despres never was your trademark civic father. He is a connoisseur of books, opera, mature, we must continue to improve the ef- HON. JOHN N. HOSTETTLER theater, architecture, food, fine wines and fectiveness and utilization of this important OF INDIANA world travel. program. We have made such changes on no IN THE HOUSE OF REPRESENTATIVES fewer than four occasions in the past. Most He founded the Friends of WFMT to sup- Thursday, February 2, 1995 port that FM radio station in a struggle with importantly, however, we must remove the units board. His firm went into battle to ensure certainty surrounding the credit's extension Mr. HOSTETTLER. Mr. Speaker, today I am that the station would maintain its fine-arts and once and for all permanently extend the introducing the Agricultural Lands Protection character. provision. Study after study has established Act of 1995. This bill is meant to provide fun- But Despres is first of all and most of all a that the credit's uncertain future reduces its damental change in the approach taken to- Hyde Parker. He went to school there, he ability to continue stimulating additional in- ward deciding how land can be used. It grants built his political base there. In 1967 he was creases in R&D expenditures. owners of regularly farmed land freedom from mugged and shot there, on 55th Street, and To the extent that researchers in American overzealous regulators and it would end the lived to explain that it could happen any- laboratories are able to pioneer the new tech- withholding of farm program benefits as a pen- where. nologies, processes, and products that will alty for farmers farming their land. He and his wife—who have a son, Robert, in Connecticut, and a daughter, Linda Baskin, drive global markets, we will be able to offer The Agricultural Lands Protection Act of in Chicago—have been married for 63 years. skilled and highly paid jobs to the next genera- 1995 will not jeopardize ground water quality. They celebrated their 60th by chartering a tion of Americans. That is why we must now It will not inhibit the numerous private sector cruise boat and inviting some 200 friends to underscore our permanent commitment to a efforts to restore and conserve true wetlands. join them. In the Despres mode, the voyage leadership role in global technological ad- How a property owner uses his or her land was educational as well as sentimental: sky- vancement. If we fail to act, the R&D credit should determine how that land is classified. line sightseeing with a tour guide. The boat will expire in June of this year. Such failure is Water levels and vegetation types should not explored Chicago’s Old Ma River, both the opposite message we should be sending take precedence over the property owners' branches, and Len says: ‘‘It’s the greatest to U.S. businesses that are gearing up to land needs. We can make significant strides Chicago trip. You see the buildings in a way meet the challenges of a rapidly changing, toward helping farmers and ranchers economi- you never saw them before.’’ global marketplace. cally by simply getting these burdensome reg- Despres will be 87 on Feb. 2, a Thursday. He As we prepare to enter the 21st century, we ulations out of the way. expects it to be a workday as usual. He’ll must remain committed to providing an envi- Farmers are the true conservationists. No- board the No. 6 bus in the darkness, swim 52 ronment that fosters technological investment body appreciates more the need to take care laps or maybe more, have a bagel and coffee, and get to work. and scientific exploration. America's continued of the land. Their livelihoods depend on it. But ‘‘I have been very fortunate,’’ he says. economic well-being depends on it. Such in- a low spot in a field that holds water after And that is Chicago’s own good fortune. vestment creates more and higher paying U.S. heavy rain is not the ideal habitat for ducks. If jobs, increases productivity, and, in turn, in- it has been farmland, it should stay farmland creases the U.S. standard of living. until the property owner decides otherwise. I There is considerable discussion, on both urge all members to cosponsor and support sides of the aisle and within the Administra- this valuable bill. E 260 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 1995 BIG BROTHER AND THE SECOND Progressive Caucus AlternativeÐThe Progres- lions have fallen into unemployment or AMENDMENT sive PromiseÐto the Republican Contract underemployment. With America. Our legislation will create at In more and more abandoned neighbor- HON. RICHARD H. BAKER least 1 million new jobs for unemployed Amer- hoods in America, a lack of jobs, income, edu- OF LOUISIANA icans in each of the next 2 years by rebuilding cation, and hope has created an extraordinary IN THE HOUSE OF REPRESENTATIVES our Nation's highways, bridges, mass transit, climate of savagery and violence surpassing and other physical infrastructure and by in- that of many communities in third world coun- Thursday, February 2, 1995 vesting in job training and expanded services tries. Mr. BAKER of Louisiana. Mr. Speaker, for the most needy in our society. In 1978 with the passage of the Humphrey- today I introduced legislation to eliminate the This major jobs bill goes to the heart of the Hawkins Full Employment and Balanced new regulatory authority of the Bureau of Alco- sweeping legislative package that the 33 Growth Act, the U.S. Congress made a prom- hol, Tobacco and Firearms [BATF] to ban fire- members of the Progressive Caucus unveiled ise to Americans. Congress made a contract arms without congressional approval. You will 2 weeks ago as the only comprehensive legis- with America for full employment, where the certainly recall that last year, the Clinton crime lative alternative brought forth in the Congress national unemployment rate was not to exceed bill authorized the BATF to enforce a ban on so far that charts a positive alternative course 4 percent. 19 semiautomatic guns while granting the of policy action to the Republican Contract Before we move on the Republicans' Con- BATF the discretion to ban additional firearms With America. tract With America and balance the budget on in the future without congressional approval. More specifically, our ambitious jobs bill will the backs of poor, hard-working Americans, Most people don't realize that along with the provide $63.6 billion in new investments to we have an obligation to carry-out a 50-year- 19 semiautomatic firearms that are banned stimulate the national economy during fiscal old promise for full employment. Five decades specifically by the assault weapons ban, the years 1996 and 1997. It is fully paid for by ago, our national leaders recognized what is Clinton crime bill gives the BATF broad au- eliminating tax loopholes that reward U.S.- still true today: that there are numerous eco- thority to define what other firearms qualify as based multinational corporations for investing nomic and social costs to the Nation without assault weapons and then to ban these rifles, abroad and exporting U.S. jobs and through full employment. Those costs were stated in shotguns, and pistols as well without further targeted progressive tax increases that will fall the Humphrey-Hawkins legislation. Without congressional approval. principally upon the unearned income of full-employment we are: On May 16, 1994, I, and many of you, voted upper-income Americans. Depriving our nation of the full supply of against the assault weapons ban, which Beginning in the 1940's and reaffirmed by goods and services, the full utilization of labor passed the House of Representatives by a the Humphrey-Hawkins Act in 1978, Federal and capital resources, and the related in- narrow vote of 216 to 214. As with every gun law has deemed 4 percent unemployment as creases in economic well-being that would control measure, I voted against the ban be- the hallmark of a strong and stable economy. occur under conditions of genuine full employ- cause it does nothing to keep felons off the But now we are confronted with a Republican ment; streets and behind bars, and it serves only to welfare reform plan that abandons our national Lacking sufficient output of goods and serv- infringe upon the constitutional rights of law- commitment to training and providing jobs for ices to meet pressing national priorities; abiding citizens. In my opinion, giving BATF millions of unemployed Americans who des- Depriving workers of job security, income and the Clinton administration the blanket au- perately want to work and attain some small skill development, and productivity necessary thority to ban more guns was the worst part of measure of economic security for themselves to maintain and advance their standards of liv- the crime bill. The legislation I introduced and their families. ing; today would repeal this authority and close the The members of the Progressive Caucus Exposing many families to social, psycho- open door to BATF to ban further guns. believe that it is cruel, short-sighted, and logical, and physiological costs, including dis- I am proud to introduce this legislation today counterproductive to enact welfare reform leg- ruption of family life, loss of individual dignity with the bipartisan support of 12 other original islation without providing jobs for millions of and self-respect, and the aggravation of phys- cosponsors. As continued opponents of gun unemployed Americans who are ready, willing, ical and psychological illnesses, alcoholism control efforts in Congress, we want you to and eager to be a part of the mainstream and drug abuse, crime and social conflicts; know that this legislation was introduced in the American economy. Undermining Federal, State and local gov- hope that we can scale back recent efforts Furthermore, we believe that fundamental ernment budgets by deficits due to shortfalls in that hand over this dangerous amount of con- fairness dictates that upper-income Americans tax revenues and increases in expenditures trol to a bureaucratic agencyÐan agency who have received the biggest tax cuts during for unemployment compensation, public as- which crime bill supporters have entrusted to the last 15 years, as well as highly-profitable sistance, and other recession-related services tell the American people which firearms they multinational corporations that have enriched in the areas of criminal justice, alcoholism, can and cannot have. We believe that this is themselves by investing huge sums of in- drug abuse, and physical and mental health. simply too much power that will no doubt be creasingly scarce capital to manufacture over- Depriving businesses, especially small busi- abused in the coming months by BATF unless seas and to take advantage of cheap, unpro- nesses, of the production, sales, capital flow, we work to repeal it in Congress. tected foreign labor, pay their share to retool and productivity necessary to maintain ade- As a member of the new Republican major- and rebuild our Nation to compete more effec- quate profits, undertake new investment, cre- ity in the House, I want you to join me to scale tively in the 21st century. ate jobs, compete internationally, and contrib- back the gun control measures enacted under Full employment is what America is about. ute to meeting society's economic needs. this administration. Let us make history by It is our promise to ensure that every Amer- These days, more people at work is bad stepping forward to ensure the permanent pro- ican has a job with an adequate income that news for the economic pundits and financial tection the second amendment, which has enables individuals and families to join in the speculators. Declining unemployment should protected the American people for 218 years. American dream. No one that is willing and be good news. Too many of those who do f able to work should be denied that opportunity have work are employed in low-wage or dead- INTRODUCTION OF THE JOB CRE- or should have to work 40, 50, or 60 hours a end jobs. Statistics reveal that in the first half ATION AND INVEST IN AMERICA week and still live in poverty. of last year, for instance, 27 percent of all new ACT OF 1995 This is not a new concept. It was the center- jobs were in the temporary-help industry, and piece of Franklin Delano Roosevelt's `Èco- a further 26 percent were part-time. Less than nomic Bill of Rights,'' proposed in 1944 as part half of the new jobs were private sector, non- HON. MAJOR R. OWENS of his last State of the Union Message. In it he temporary jobs. Manpower, Inc., the leading OF NEW YORK called for jobs for everyone willing and able to provider of temporary workers, is now the larg- HON. BERNARD SANDERS work. The Universal Declaration of Human est private employer in America. OF VERMONT Rights and the International Covenant on Eco- If we look at wages we again see the de- IN THE HOUSE OF REPRESENTATIVES nomic, Social and Cultural Rights recognize cline in well-paying, permanent jobs. In the work as a basic human right. Reagan-Bush eighties, the hourly pay of four- Thursday, February 2, 1995 One in every 10 American families now puts fifths of the American workforce declined. The Mr. OWENS. Mr. Speaker, we and seven food on the table only with the aid of food typical worker was paid 4.9 percent less than other members of the Progressive Caucus stamps. Tens of millions more survive on bare at the start of the decade. No wonder workers today are introducing one of the 11 bills of the subsistence, from paycheck to paycheck. Mil- in the United States slipped from 1st to 13th February 2, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 261 in terms of the wages and benefits they re- TRIBUTE TO WALTER H. that his friends often described his speed with ceive. SHORENSTEIN comments like ``He stole two bases at one Today, almost a third of the Nation's time.'' However, his talent was not limited to workforceÐ31 percentÐis employed at pov- HON. ANNA G. ESHOO running. Cool Papa was an all-around player. erty level pay. The current minimum wage, at OF CALIFORNIA Sports Illustrated recognized the outstanding $4.25 an hour, buys 26 percent less in pur- IN THE HOUSE OF REPRESENTATIVES talents and contributions of James ``Cool Papa'' Bell in a June 20, 1994, article entitled chasing power than the minimum wage did in Thursday, February 2, 1995 1970. Is it any surprise that a recently-pub- ``No Place in the Shade.'' I would like to share lished study found that low-paid American Ms. ESHOO. Mr. Speaker, I rise today to that informative and entertaining tribute with honor Walter H. Shorenstein on the occasion workers are the lowest paid workers in the in- my colleagues during our observance of great of his 80th birthday and to celebrate his exem- dustrialized world? black Americans. plary life of extraordinary contributions to our Federal Reserve Chairman Alan Greenspan [From Sports Illustrated, June 20, 1994] community and our country. NO PLACE IN THE SHADE insists that creating more jobs, and reducing Walter Shorenstein began his career in real (By Mark Kram) unemployment, is bad for the economy. He is estate in 1946 after serving as a Major in the dead wrong. U.S. Air Force. Over the years, he has built In the language of jazz, the word gig is an evening of work; sometimes sweet, some- What we need is more jobs. We need to the Shorenstein Co. into one of the oldest, create millions of decent-paying jobs, not en- times sour, take the gig as it comes, for who largest and most well-respected privately knows when the next will be. It means bread courage massive corporate downsizing. We owned real estate firms in the country, cur- and butter first, but a whole lot of things need a bold and courageous Congress who rently employing over 1,400 people. have always seemed to ride with the word: will fight for the needs of the average Amer- Beyond his business success, Walter drifting blue light, the bouquet from leftover ican worker, not timid politicians whose vision Shorenstein is a valued adviser to Presidents, drinks, spells of odd dialogue and most of all is circumscribed by the campaign contributions a philanthropist who has given both time and a sense of pain and limbo. For more than money for the benefit of others, a lecturer of anything the word means black, down-and- of big money interests. It is time to address out black, leavin’-home black, gonna-find- the jobs crisis that America, and American note and an ardent supporter of education. He me-a-place-in-the-shade black. workers, are facing. was appointed by President Clinton to the Big shade fell coolly only on a few. It never The Progressive Caucus is leading the way Board of Directors of the Corporation for Na- got to James Thomas Bell, or Cool Papa Bell to a brighter future and taking the first large tional Service and served as senior adviser to as he was known in Negro baseball, that lost step forward, and today we invite others to Presidents Johnson and Carter. He serves as caravan that followed the sun. Other blacks, an adviser to the Democratic leadership of the some of them musicians who worked jazz up join us in this effort. We encourage our col- from the South, would feel the touch of leagues to become cosponsors of this bedrock House and Senate. He is Chair of the San Francisco UN50 Committee to commemorate fame, or once in a while have the thought bill in our Progressive PromiseÐThe Job Cre- that their names meant something to people ation and Invest in America Act of 1995. the 50th anniversary of the signing of the Unit- outside their own. But if you were black and ed Nations Charter in San Francisco. His nu- We call upon all Americans who want to played baseball, well, look for your name merous sponsorships, board memberships, build a stronger and more fair America to join only in the lineup before each game, or else and honors are a reflection of his dedication to you might not even see it there if you kept in our commitment to create millions of jobs by art, culture, education, government, and phi- on dreamin’. investing billions of dollars to rebuild and up- lanthropy. Black baseball was a stone-hard gig. It was grade America's physical infrastructure, clean- Walter Shorenstein's life has been enriched three games a day, sometimes in three dif- up the environment, and improve the skills of by his family: Carole, renowned producer of ferent towns miles apart. It was the heat and our workforce. In keeping with the fiscal chal- fumes and bounces from buses that moved Broadway shows, a son, Douglas, President of your stomach up to your throat and it was lenge confronting our Nation in these times, the Shorenstein Co., his grandchildrenÐWal- greasy meals at fly-papered diners at three we do not add a penny to the deficit, but pay ter, Gracie, Brandon Jona, Sandra Joan and a.m. and uniforms that were seldom off your for our investment program by cracking down DaniellaÐhave brought even more joy into his back. ‘‘We slept with ’em on sometimes,’’ on corporate welfare. We close tax loopholes life. His lifelong partner in life, Phyllis, died in says Papa, ‘‘but there never was enough for offshore production while rewarding U.S. 1994, and their beloved and brilliant daughter, sleep. We got so we could sleep standin’ up.’’ companies that invest, produce, and create Joan, died in 1985. Only a half-mad seer—not any of the Mr. Speaker, Walter Shorenstein is an out- blacks who worked the open prairies and hid- jobs in the United States. We require the den ball yards in each big city—could have wealthiest U.S. corporations and citizens to standing citizen and a national treasure, and I envisioned what would happen one day. The pay their fair share of taxes. am privileged to call him my friend. I ask my players knew a black man would cross the Finally, let us underscore that the jobs we colleagues to join me in thanking Walter color line that was first drawn by the sudden seek to create are good-paying jobs. They are Shorenstein for his incomparable generosity hate of Cap Anson back in 1883, yet no one jobs rooted in upgrading our Nation's physical and tireless service to our Nation, and in salut- was fool enough to think that some bright, scented day way off among the gods of Coop- infrastructure and improving our Nation's ing him on yet another milestone in his lifeÐ his 80th birthday. erstown they would hear their past blared human capital. They represent investments in out across the field and would know that restoring real, long-term, sustainable economic f who they were and what they did would growth in America. A SALUTE TO THE AMERICAN never be invisible again. When that time comes for Papa Bell—quite Retooling our national economy and basing NEGRO LEAGUE: JAMES ‘‘COOL it upon real economic growth and economic possibly the next Hall of Fame vote [he was, PAPA’’ BELL in fact, inducted into the Hall in 1974]—few justice also requires that working Americans will comprehend what he did during all those have more real income to spend. In sponsor- HON. WILLIAM (BILL) CLAY gone summers. The mass audience will not be able to relate to him, to assemble an ing this legislation, members of the Progres- OF MISSOURI image of him, to measure him against his sive Caucus are endorsing our Nation's 50- IN THE HOUSE OF REPRESENTATIVES year national commitment to full employment. peers as they do the white player. The old Thursday, February 2, 1995 ones like Papa have no past. They were min- In the coming weeks and months, all of us strels, separated from record books, left as who belong to the Progressive Caucus will be Mr. CLAY. Mr. Speaker, this is Black History the flower in Thomas Gray’s Elegy to ‘‘waste steadfast in offering low-income and middle-in- Month. Many black Americans who lived in the its sweetness on the desert air.’’ Compari- come Americans genuine hope for real jobs First Congressional District of Missouri, which sons will have to do: Josh Gibson, the Babe with livable wages and a chance to participate I now represent, contributed significantly to the Ruth of the blacks; Buck Leonard, the Lou in the American dream. development of this great Nation. To name a Gehrig of his game; and Cool Papa Bell—who few, Scott Joplin, Josephine Baker, W.C. was he? Handy, and one in particular, James ``Cool A comparison will be hard to find for Papa. His friend Tweed, whom Papa calls the Black Papa'' Bell. Historian, a title most agreeable to Tweed, Cool Papa, as he was affectionately called, says that you have to go all the way back to will long be remembered in baseball as one Willie Keeler for Papa’s likeness. Papa’s way who set early records by which future players was cerebral, improvisational; he was a mas- were measured. He was such a fast runner ter of the little things, the nuances that are E 262 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 1995 the ambrosia of baseball for those who care The money never bothered Papa; it was a ‘‘Why, there’s this here Walter Johnson,’’ to understand the game. Power is stark, game, a summer away from the packinghous. the trainman would say. ‘‘He can strike out power shocks, it is the stuff of immortality, ‘‘Cept one time,’’ adds Papa, ‘‘when one team anybody who picked up a bat!’’ but Papa’s jewellike skills were the object of told me to pay my expenses from St. Louis ‘‘Is that right?’’ Papa would ask. shop talk for 28 winters. to Memphis. They’d give it to me back, they ‘‘Sure enough, boy. You think I’d lie? Then Arthritic and weary, Papa quit the circuit said. I get there, and they say no. Owner of there is two old boys named Ty Cobb and 23 years ago, at age 47, ending a career that the club was a dentist. I say to ‘em I didn’t Honus Wagner. Well, they don’t miss a ball, began in 1922. During that time he had been come down here ‘cause I got a toothache. So and they never strike out!’’ the essence of black baseball, which had a I went back home. Owners are owners, ‘‘Never miss a ball?’’ gasped Papa. ‘‘Never panache all its own. It was an intimate whether they are blue or green.’’ strike out? Is that right?’’ game: the extra base, the drag bunt; a game Papa spent the winters in the packing- ‘‘I’m tellin’ ya, boy. I’ve been to the cities of daring instinct, rather than one from the house until he learned of places like Havana and I know!’’ hidebound book. Some might say that it and Vera Cruz and Ciudad Trujillo that com- ‘‘Well, mmm,mmm,’’ Papa would shake his lacked discipline, but if so, it can also be petitively sought players from the Negro head. Only one thing botherin’ me. What said that never has baseball been played leagues. He will never forget that winter in happen when this here Walter Johnson is more artfully, or more joyously. ‘‘Before a Ciudad Trujillo. It was in 1937, he thinks, pitchin’, and these other two boys are game,’’ says Papa, ‘‘one of our big old pitch- when Dominican strongman Rafael Trujillo battin?’’ ers, he’d say, ‘Just get me a coupla runs, was in political trouble. He had to distract ‘‘Y’all go on!’’ the old man would yell, that’s all.’ You see we played tricky ball, the people, and there was no better way than jumping up. ‘‘Y’all leave me alone. I’m not thinkin’ all the time: We get a run, they got to give them a pennant. First, Trujillo had talkin’ anymore. Don’t non of ya believe. I to get two to beat ya. Right?’’ his agents all but kidnap Satchel Paige from should know. I’ve been to the cities!’’ The yellow pages of Tweed’s scrapbooks a New Orelans hotel. Then he used Paige to By the time he was 16, Papa was up north don’t tell much about the way it was, and they don’t reveal much about Papa, either; recruit the edge in talent from the States; in St. Louis with several of this brothers and box scores never explain. They can’t chart namely Papa Bell and Gibson, who along sisters, who were already in the packing- the speed of Papa Bell. ‘‘Papa Bell,’’ says with Orlando Cepeda, the storied father of house. ‘‘Didn’t want to know ’bout ball Satchel Paige, ‘‘why he was so fast he could the Current Cepeda, gave the didcator a pat then,’’ says Papa. ‘‘Just wanted to work like turn out the light and jump in bed before the hand. a man.’’ His brother suggested that he play ′ ′ ′ room got dark!’’ Others also embellish: He The look of that lineup still did not ease ball on Sundays. ‘‘ James, he said, you a could hit a hard ground ball through the box Trujillo’s anxiety. ‘‘He wanted us to stay in natural. You throw that knuckleball, and and get hit with the ball as he slid into sec- pajamas,’’ says Papa, ‘‘and all our meals their ain’t nobody going to hit it.′’’ Soon he ond; he was so fast that he once stole two were served to us in our rooms, and guards was facing the lethal St. Louis Stars of the bases on the same pitch. ‘‘People can sure circled our living qualters.’’ Thousands Negro National League. ‘‘They were a tough talk it, can’t they?’’ says Papa. would show up at the park just to watch Tru- club,’’ says Papa. ‘‘And mean! They had a Papa says he did steal two bases on one jillo’s club work out, and with each game fella named Steel Arm Dicky. Used to make pitch, which was a pitchout. ‘‘The catcher tension grew. ‘‘We all knew the situation moonshine as mean as he was on the side. was so surprised the way I was runnin’ that was serious, but it wasn’t until later that we His boss killed him when he began to believe he just held the ball,’’ says Papa. ‘‘I asked heard how bad it was,’’ says Papa. ‘‘We found Steel Arm weren’t turnin’ in all the profits.’’ him later what he doin’ holdin’ that ball, and out that, as far as Trujillo was concerned, we Bell impressed the Stars, and they asked he said he didn’t know, ’cept he never seen a either won or we were going to lose big. That him to join them. ‘‘All our players were man run like that before in his life.’’ It is means he was going to kill us.’’ They never major leaguers,’’ says Papa. ‘‘Didn’t have the also a reliable fact that once in Chicago, on did neet Trujillo. They saw him only in his bench to be as good as them for a whole sea- a mushy field, he circled the bases in 13.1 convertible in the streets, all cold and white son—we only carried 14, 15 players. But over seconds, two fifths faster than Evar Swan- in that suit of his that seemed to shimmer in a short series we could have taken the big son’s major league record. ‘‘On a dry field,’’ the hot sun, ‘‘A very frightenin’ man,’’ says leaguers. That October we played the Detroit he says, ‘‘I once done it in 12 flat.’’ Papa. Tigers three games and won two of them. Papa could run all right, and he could hit Truijillo got his pennant and his election. But old Cobb wasn’t with then, ’cause 12 and field as well. He played a shallow center- A picture of Papa’s, taken near a large years before a black team whipped him pret- field, even more so than Willie Mays did stream, shows the team celebrating; the dic- ty good, and he wouldn’t play against blacks when he broke in. ‘‘It doesn’t matter where tator had sent them out of the city—along anymore. Baseball was all you thought of he plays,’’ Pie Traynor once said. ‘‘He can go with their fares home and many cases of then. Always thinkin’ how to do things an- a country mile for a ball.’’ As a hitter Bell beer. It had been a hard buck, but then again other way. Curve a ball on a 3–2, bunt and had distance, but mainly he strove to hit the it had never been easy, whether it was down run in the first innin.’ That how we beat big ball into holes; he could hit a ball through in Santo Domingo or back up with the St. league teams. Not that we had the best men, the hole in a fence, or drag a bunt as if it Louis Stars or the Pittsburgh Crawford or but we outguessed them in short series. It’s were on a string in his band. Bell never hit the Homestead Grays or the Chicago Amer- a guessin’ game There’s a lot of unwritten below .308, and one time when he was hitting ican Giants. East or west, north or south it baseball, ya know.’’ .390 on the last day of the season he pur- was always the same: no shade anywhere as The Stars folded under the Depression. posely gave up his batting title; he was 43 at the bus rattled along, way down in Egypt Papa hit the road. An outfielder now, he was the time. land. even more in demand. He finally began the ‘‘Jackie Robinson had just signed with the Papa took the bumps better than most. last phase of this career, with the Washing- Dodgers, and Monte Irvin was our best young Some, like Gibson, died too young; some got ton Homestead Grays; with Gibson and Leon- player,’’ says Papa. ‘‘I gave up my title so lost to the nights. Coolpapa, as his name is ard and Bell, it was one of the most powerful Monte would have a better chance at the ma- pronounced by those who came from the clubs in the black leagues’ history, or any- jors. That was the way we thought then. South, well Coolpapa, he just ‘‘went on mov- body’s history for that matter. ‘‘I was ’bout We’d do anythin’ to get a player up there. In ing on.’’ That was the way his mother taught 45 then,’’ says Papa. ‘‘Had arthritis and was the final two games of the season, a double- him back in Starkville, Miss., where he was so stiff I couldn’t run at times. They used to header, I still needed a few times at bat to born in 1903; look, listen and never pounce, have to put me in a hot tub. I had to get qualify for the title. I got two hits in the those were her words, and all of them spelled good and warm before I could move.’’ Yet, he first game and sat out the second. The fans survival. Work, too, was another word, and had enough left to convince Jackie Robinson were mad, but they didn’t know what we Papa says, ‘‘If I didn’t know anythin’, I Knew that he should never try to make it as a were trying to do. After the season I was sup- How to work.’’ shortstop. posed to get the $200 for the title anyway, Long days in the sun and well after the ‘‘It was all over the place that Jackie was but my owner, he say, ‘Well look, Cool, Irvin night slipped across the cotton fields, all going to sign with the Dodgers,’’ says Papa. won it, didn’t he?’ They wouldn’t give me the that Papa and his friends could talk about ‘‘All us old fellas didn’t think he could make $200. Baseball was never much for me mak- was ‘‘goin’ off.’’ Papa says, ‘‘One day some it at short. He couldn’t go to his right too ing’ money.’’ boy would be there along with us, and then good. He’d give it a backhand and them plant Papa Bell earned $90 a month his first he’d be gone. ‘Where’d he go? I’d ask. ‘Why his right leg and throw. He always had to year, back in 1922. He would never make that boy, he done gone-off! someone’d say. take two extra steps. We was worried He more than $450 a month, although his ability Next you’d see that fella, why he’d be back miss the change, and who knows when we’d was such that later he would be ranked on home with a hat on and a big, bright suit and get another chance? You know they turned Jackie Robinson’s all-time team in the same shiny shoes and a jingle in his pocket.’’ They him down in Boston. So I made up my mind outfield with Henry Aaron and Mays. Bill would talk of the great cities and what they to show him he should try for another spot Veeck, who also saw Bell play, puts him would have when they, too, went off, and in the infield. One night I must’ve knocked right up there with Tris Speaker, Joe only sometimes would they hear about base- couple hundred ground balls to his right, and DiMaggio and Mays. ‘‘Cool Papa was one of ball. An old, well-traveled trainman used to I beat the throw to first every time. He got the most magical players I’ve ever seen,’’ sit under a tree with them on Sundays and the message. He played a lot of games in the says Veeck. tell them of the stars he had seen. majors, only one of ’em at short.’’ February 2, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 263 Papa was named to manage the Kansas ‘‘I hadn’t thought of that,’’ said Wills, who of a shirt, the sunlight. ‘‘You try to get that City Monarchs’ B team in 1948, the agree- went on to steal 104 bases. game out of your mind,’’ he says, ‘‘but it ment being that he would get one third of ‘‘Well, Papa smiled, ‘‘that’s the kind of never leaves ya. Somethin’ about it never the sale price for any player who was devel- ball we played in our league. Be seein’ you, leaves ya.’’ oped by him and sold to the majors. He had Mr. Wills. Didn’t mean to bother you.’’ Papa Bell is 70 now [he died in 1991, at 87]. two prospects in mind for the Browns. ‘‘But After that year Papa seldom went to the He lives on Dickson Street in North St. the Browns didn’t want them,’’ says Papa, ballpark anymore. He had become a sick Louis, a neighborhood under seige: vacant, shaking his head. I then went to the Car- man, and when he walked, his arthritic left crumbling houses, bars where you could get dinals, and they say they don’t care, either, side seemed to be frozen. There was just his your throat cut if you even walked in the and I think to myself, My, if they don’t want job now. In the afternoons he would walk up wrong way, packs of sky-high dudes looking these boys, they don’t want nobody.’’ The to the corner and see what the people were for a score. They have picked on Papa’s Monarchs eventually sold the pair: Ernie up to, or sit silently in his living room turn- house a couple of times, so now when he feels Banks and Elston Howard. ‘‘I didn’t get ing the pages of his books of pictures: all the something in the air, hears a rustle outside anythin’,’’ says Papa. ‘‘They said I didn’t old faces with the blank eyes; all of those of his door, he will go to the front window have a contract. They gave me a basket of many different, baggy uniforms. and sit there for long hours with a shotgun fruit. A basket of fruit! Baseball was never Nights were spent at city hall, making his much for me makin’ money.’’ rounds, listening to the sound of radio base- and a pistol in his lap. ‘‘They don’t mess Life began all over for Papa. He took a job ball by the big window, or just the sound of with Papa anymore,’’ says his friend Tweed, at the city hall in St. Louis as a custodian the hours when winter mornings moved looking over at Papa sitting in his city hall and then a night watchman. For the next 22 across the window. When it was icy, he would retirement chair. ‘‘It’s a reclinin’ one,’’ says years the routine was the same, and only wait for the old people to come, and he would Tweed. ‘‘Show’im how it reclines, Papa.’’ now and then could he go to a Cardinal help them up the steps. Often, say about Now the two of them, Tweed and Papa, who game. He would pay his way in and sit there three a.m., he would be looking out the win- sits in his chair like a busted old jazz musi- in the sun with his lunch long before the dow, out across to the park where the bums cian, torn around the edges but straight with game began; to those around him who won- would be sleeping, their wine bottles as sen- dignity, spend much time together in Papa’s dered about him, he was just a Mr. Bell, a tries, and he would wait for their march on living room. They mull over old boy scores, watchman. He would watch those games in- the hall. They would come up those steps over all the clippings in Tweed’s portable ar- tently, looking for tiny flaws like a diamond and place their faces up against the window, chives. They try to bring continuity of per- cutter. He never said much to anyone, but next to his face and beg to be let in where it formance to a man’s record that began when then one day he was asked by some Dodgers was warm. nobody cared. They assemble pictures to be to help Maury Wills. ‘‘He could run,’’ he ‘‘We’re citizens, old Bell, let us in,’’ they signed for people who write and say that says. ‘‘I wanted to help.’’ He waited for Wills would yell. they hear he will be going into the Hall of at the players’ gate and introduced himself ‘‘I know,’’ Papa would say. Fame; the days are sweet. quietly. ‘‘It’s cold out here,’’ they would say. ‘‘Can’t believe it,’’ says Tweed. ‘‘Can you, ‘‘Maybe you heard of me,’’ Papa said, ‘‘I know,’’ he would answer. Papa? Papa Bell in the Hall of Fame. The ‘‘maybe not. It don’t matter. But I’d like to ‘‘No, you don’t, you. . . .’’ And Papa would fastest man who ever played the game.’’ help you.’’ just look away, thinking how cold it was ‘‘Ain’t happened yet,’’ cautions Papa, ad- Wills just looked at him, as Papa became outside, trying to think of all the things that justing his tall and lean figure in his chair. uneasy. would leave him indifferent to those wretch- ‘‘Tell me, Papa,’’ says Tweed. ‘‘How’s it ‘‘When you’re on base,’’ said Papa, ‘‘get ed figures. Then it would be that he some- goin’ to feel? The Hall of fame . . . mmm, those hitters of yours to stand deep in the times would think of baseball, the small mmm.’’ box. That way the catcher, he got to back things he missed about it, things that would ‘‘Knew a fella blowed the horn once.’’ says up. That way you goin’ to get an extra step pop into his mind for no reason: a certain Papa. ‘‘He told me. He say, ‘Ya got to take all the time.’’ glove, the feel of a ball and bat, a buttoning the gigs as they come.’’’ Thursday, February 2, 1995 Daily Digest Senate Chamber Action Committee Meetings Routine Proceedings, pages S1969–S2074 (Committees not listed did not meet) Measures Introduced: Nineteen bills were introduced, as follows: S. 332–350. Pages S2034±35 HUD MANAGEMENT Balanced Budget Constitutional Amendment: Committee on Appropriations: Subcommittee on VA, Senate continued consideration of H.J. Res. 1, pro- HUD, and Independent Agencies resumed hearings posing a balanced budget amendment to the Con- to examine the management and budgetary situation stitution of the United States. at the Department of Housing and Urban Develop- Pages S1980±95, S2006±33 ment, receiving testimony from Nicholas P. Senate will resume consideration of the resolution Retsinas, Assistant Secretary of Housing and Urban on Friday, February 3. Development and Federal Housing Commissioner; Appointments: Mayor Steve Bartlett, Dallas, Texas, on behalf of the Conference of Mayors; Richard G. Grose, Missouri Joint Economic Committee: The Chair, on behalf Housing Development Commission, on behalf of the of the Vice President, pursuant to section 1024, title National Council of State Housing Agencies, and 15, United States Code, announced the following Kenneth Bacchus, on behalf of the National League Majority appointments to the Joint Economic Com- of Cities, both of Kansas City, Missouri; Gregory mittee: Senators Mack (Chairman), Roth, Craig, Ben- Byrne, Dade County Department of Housing and nett, Santorum, and Grams. Page S2027 Urban Development, Miami, Florida, on behalf of Joint Committee on Taxation: The Chair an- the Council of Large Public Housing Authorities; nounced on behalf of the Chairman of the Commit- Richard C. Gentry, Richmond Redevelopment and tee on Finance, pursuant to section 8002 of title 26, Housing Authority, Richmond, Virginia, on behalf United States Code, a substitution in the member- of the National Association of Housing and Redevel- ship of the Joint Committee on Taxation: Senator opment Officials; Johrita Solari and David Smith, Hatch for the duration of the 104th Congress only, both on behalf of the National Assisted Housing in lieu of Senator Dole, resigned. Page S2027 Management Association, Alexandria, Virginia; and Charles S. Wilkens, Jr., National Housing Partner- Messages From the House: Page S2033 ship, and Michael Bodaken, National Housing Trust, Measures Referred: Page S2033 both of Washington, D.C. Executive Reports of Committees: Pages S2033±34 Hearings were recessed subject to call. Statements on Introduced Bills: Pages S2035±67 NOMINATIONS Additional Cosponsors: Pages S2067±68 Committee on Armed Services: Committee ordered favor- Amendments Submitted: Pages S2068±69 ably reported the nomination of Eleanor Hill, of Vir- Notices of Hearings: Pages S2069±70 ginia, to be Inspector General, Department of De- fense, and 10,759 military nominations in the Army, Authority for Committees: Page S2070 Navy, Marine Corps, and Air Force. Additional Statements: Pages S2070±74 Recess: Senate convened at 9:30 a.m., and recessed NATIONAL STRATEGY at 6:08 p.m., until 9:30 a.m., on Friday, February Committee on Armed Services: Committee concluded 3, 1995. (For Senate’s program, see the remarks of hearings to examine the foundations of United States the Acting Majority Leader in today’s RECORD on national strategy, after receiving testimony from page S2074.) Henry A. Kissinger, former Secretary of State. D 129 D 130 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 1995 BLOCK GRANTS GOVERNMENT REFORM: INFORMATION Committee on the Budget: Committee continued hear- TECHNOLOGY ings to examine issues relative to restructuring the Committee on Governmental Affairs: Committee held Federal budget process, focusing on the Federal, hearings to examine how the performance of new in- State, and local block grant system, receiving testi- formation technology by Federal agencies can reduce mony from Michigan Governor John Engler, Lan- costs and improve the quality of Government serv- sing; Mayor Stephen Goldsmith, Indianapolis, Indi- ices, receiving testimony from Charles A. Bowsher, ana; and Clint Bolick, Institute for Justice, Wash- Comptroller General of the United States; Cynthia ington, D.C. Kendall, Deputy Assistant Secretary of Defense for Hearings were recessed subject to call. Information Management; Gary Kavanagh, Deputy Director, Bureau of Program Operations, Health U.S. SAVINGS Care Financing Administration, Department of Health and Human Services; and George Newstrom, Committee on Finance: Committee held hearings to ex- EDS Corporation, Washington, D.C. amine the potential for targeted incentives to in- Hearings were recessed subject to call. crease domestic savings, receiving testimony from William G. Gale, Brookings Institution, Washing- EDUCATION ton, D.C.; and Laurence J. Kotlikoff, Boston Univer- Committee on Labor and Human Resources: Subcommit- sity, Boston, Massachusetts, Jonathan Skinner, Uni- tee on Education, Arts and Humanities concluded versity of Virginia, Charlottesville, and David A. hearings to examine education’s impact on economic Wise, Harvard University, Cambridge, Massachu- competitiveness, after receiving testimony from Rob- setts, all on behalf of the National Bureau of Eco- ert Kominski, Assistant Division Chief for Social and nomic Research. Demographic Statistics, Bureau of the Census, De- Hearings were recessed subject to call. partment of Commerce; former New Jersey Governor Thomas H. Kean, Drew University, Madison, New NOMINATION Jersey; Joseph T. Gorman, TRW Inc., Cleveland, Ohio; Alan L. Wurtzel, Circuit City Stores Inc., Committee on Foreign Relations: Committee concluded Washington, D.C.; Joseph L. Dionne, McGraw-Hill, hearings on the nomination of Martin S. Indyk, of Inc., New York, New York; Morton Owen Schapiro, the District of Columbia, to be Ambassador to Is- University of Southern California, Los Angeles; John rael, after the nominee, who was introduced by Sen- H. Bishop, Cornell University, Ithaca; and Kent ators Lieberman and Moynihan, testified and an- Lloyd, Knowledge Network for All Americans, Ar- swered questions in his own behalf. lington, Virginia. h House of Representatives Line-Item Veto: House completed all general de- Chamber Action bate and began consideration of amendments to Bills Introduced: Twenty public bills, H.R. H.R. 2, to give the President line-item veto author- 791–810; and two private bills, H.R. 811–812, were ity over appropriation Acts and targeted tax benefits introduced. Pages H1156±57 in revenue Acts. Consideration of amendments will Reports Filed: The following reports were filed as resume on Friday, February 3. Pages H1078±H1142 follows: Agreed To: H.R. 665, to control crime by mandatory victim The Blute technical amendment; Page H1105 restitution, amended (H. Rept. 104–16); and The Clinger amendment that provides clarifying H.R. 666, to control crime by exclusionary rule language more closely defining the President’s line- reform (H. Rept. 104–17). Page H1156 item veto authority as limited to dollar amounts specified in appropriation Acts, conference reports Speaker Pro Tempore: Read a letter from the and their accompanying joint explanatory state- Speaker wherein he designates Representative Dreier ments, thus preventing the President from going to act as Speaker pro tempore for today. Page H1075 outside these parameters and changing statutory language; Page H1107 February 2, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 131 The Pelosi amendment that provides language mittees on Economic and Educational Opportunities, prohibiting the President from changing any limita- Judiciary, and Science. Page H1142 tion of discretionary budget authority set forth in Amendments Ordered Printed: Amendments or- any appropriation Act; Page H1107 dered printed pursuant to the rule appears on page The Thurman amendment that provides that any H1157. Member of the House, if supported by 49 other Members, may move to strike the disapproval of any Quorum Calls—Votes: Four recorded votes devel- rescission (or rescissions) of budget authority or any oped during the proceedings of the House today and proposed repeal of a targeted tax benefit, as applica- appear on pages H1115–16, H1125, H1138, and H1141–42. There were no quorum calls. ble; and Page H1130 The Deal amendment that provides for expedited Adjournment: Met at 10 a.m. and adjourned at judicial review of the constitutionality of provisions. 10:14 p.m. Page H1139 Rejected: Committee Meetings The Moran amendment that sought to exempt the ENERGY AND WATER DEVELOPMENT Judicial Branch from the scope of the line-item veto APPROPRIATIONS (rejected by a recorded vote of 119 ayes to 309 noes, Roll No. 85); Pages H1115±16 Committee on Appropriations: Subcommittee on Energy The Slaughter amendment that sought to provide and Water Development met in executive session to language which would expand the definition of ‘‘tar- hold a hearing on Department of Energy’s geted tax benefit’’ to mean any provision of a reve- Reprogramming in Support of the North Korean nue Act which has the practical effect of providing Accord. Testimony was heard from Charles B. Cur- a benefit in the form of a different treatment to a tis, Under Secretary, Department of Energy. particular taxpayer or a limited class of taxpayers (re- LABOR, HHS, EDUCATION AND RELATED jected by a recorded vote of 196 ayes to 231 noes, AGENCIES APPROPRIATIONS Roll No. 86); Page H1125 Committee on Appropriations: Subcommittee on Labor, The Skelton amendment that sought to provide Health and Human Services, Education and Related that the President may not include in a special mes- Agencies continued appropriation hearings. Testi- sage any rescission of more than $50 million of dis- mony was heard from public witnesses. cretionary budget authority for any program, project, or activity within the major functional category for MILITARY CONSTRUCTION national defense (rejected by recorded vote of 52 ayes APPROPRIATIONS to 362 noes, Roll No. 87); Page H1138 Committee on Appropriations: Subcommittee on Mili- The Weldon amendment to the foregoing Skelton tary Construction held a hearing on Quality of Life amendment that the President may not include in a in the Military. Testimony was heard from the fol- special message any rescission of more than $200 lowing officials of the Department of Defense: Sgt. million of discretionary budget authority for any Maj. Richard A. Kidd, USA; Master Chief Petty Of- program, project, or activity within the major func- ficer John Hagan, USN; Sgt. Maj. H.G. Overstreet, tional category for national defense; and Page H1138 USMC; and Chief Master Sgt. David J. Campanale, The Kanjorski amendment that sought to provide USAF. that the provisions will terminate after five years (re- TRANSPORTATION APPROPRIATIONS jected by a recorded vote of 153 ayes to 258 noes, Roll No. 88). Pages H1141±42 Committee on Appropriations: Subcommittee on Trans- A point of order was sustained against the Gene portation, and Related Agencies held a hearing on Green of Texas amendment to the foregoing Skelton the Inspector General/Department of Transportation amendment that sought to exempt Medicare legisla- Programs. Testimony was heard from A. Mary tion in addition to national defense programs from Schiavo, Inspector General, Department of Transpor- the Presidential line-item veto. Page H1135 tation. H. Res. 55, the rule under which the bill is being VETERANS AFFAIRS, HUD, AND considered, was agreed to earlier by a voice vote. INDEPENDENT AGENCIES Page H1085 APPROPRIATIONS Committees to Sit: It was made in order that the Committee on Appropriations: Subcommittee on Veter- following committees and subcommittees be per- ans’ Affairs, Housing and Urban Development, and mitted to sit on Friday, February 3 during proceed- Independent Agencies held a hearing on Restructur- ings of the House under the five-minute rule: Com- ing Government. Testimony was heard from Mary D 132 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 1995 Nichols, Assistant Administrator, Air and Radiation, LOCAL GOVERNMENT LAW ENFORCEMENT EPA; Jim Strock, Secretary, Environmental Protec- BLOCK GRANTS ACT tion Agency, State of California; and public wit- Committee on the Judiciary: Ordered reported amended nesses. H.R. 728, Local Government Law Enforcement JOB CREATION AND WAGE Block Grants Act of 1995. ENHANCEMENT ACT MISCELLANEOUS MEASURES Committee on Commerce: Subcommittee on Commerce, Committee on Resources: Subcommittee on National Trade and Hazardous Materials and the Subcommit- Parks, Forests and Lands held a hearing on the fol- tee on Health and the Environment concluded joint lowing bills: H.R. 694, Minor Boundary Adjust- hearings on Title III, Risk and Assessment and Cost/ ments and Miscellaneous Park Amendments Act of Benefit Analysis for New Regulations, of H.R. 9, 1995; H.R. 606, to amend the Dayton Aviation Job Creation and Wage Enhancement Act of 1995. Heritage Preservation Act of 1992; and H.R. 621, Testimony was heard from Sally Katzen, Adminis- to amend the act of January 26, 1915, establishing trator, Office of Information and Regulatory Affairs, Rocky Mountain National Park, to provide for the OMB; Lynn Goldman, M.D., Assistant Adminis- protection of certain lands in Rocky Mountain Na- trator, Office of Prevention, Pesticides and Toxic tional Park and along North St. Vrain Creek. Testi- Substancies, EPA; Eric Rubel, General Counsel, mony was heard from Representatives Hall of Ohio, Consumer Product Safety Commission; Bill Schultz, Hobson and Skaggs; Denis P. Galvin, Associate Di- Deputy Commissioner, Policy, Office of Policy, rector, Planning and Development, National Park FDA, Department of Health and Human Services; Service, Department of the Interior. Tara O’Toole, M.D., Assistant Secretary, Environ- ment, Safety and Health, Department of Energy; SHIPPING ACT Edwin D. Jones, Deputy Associate Program Leader, Committee on Transportation and Infrastructure: Sub- Risk Assessment, System Engineering and Human committee on Coast Guard and Maritime Transpor- Performance, Lawrence Livermore National Labora- tation held a hearing on the Shipping Act of 1984. tory; and public witnesses. Testimony was heard from William D. Hathway, Chairman, Federal Maritime Commission; former IMPACT OF WORKPLACE AND Representative Helen D. Bentley of Maryland; Rob- EMPLOYMENT REGULATION ON BUSINESS ert Quarrel, former Commissioner, Federal Maritime Committee on Economic and Educational Opportunities: Commission; and public witnesses. Subcommittee on Oversight and Investigations and the Subcommittee on Regulation and Paperwork of PERSONAL RESPONSIBILITY ACT the Committee on Small Business held a joint hear- Committee on Ways and Means: Subcommittee on ing on ‘‘The Impact of Workplace and Employment Human Resources continued hearings on H.R. 4, Regulation on Business.’’ Testimony was heard from Personal Responsibility Act. Testimony was heard public witnesses. from Representatives McDermott, Mineta, Franks of Connecticut and Ganske; Harvey Hilderbran, mem- ECONOMIC OPPORTUNITIES AND ber, House of Representatives, State of Texas; and BARRIERS IN ASIA AND THE PACIFIC public witnesses. Committee on International Relations: Subcommittee on Hearings continue February 6. Asia and the Pacific held a hearing on U.S. Eco- nomic Opportunities and Barriers in Asia and the Joint Meetings Pacific. Testimony was heard from Charlene Barshefky, Deputy U.S. Trade Representative; Jeffrey LEGISLATIVE SUPPORT AGENCIES Garten, Under Secretary, International Trade, De- Joint Hearing: Senate Committee on Appropriations’ partment of Commerce; and public witnesses. Subcommittee on Legislative Branch concluded joint hearings with the House Committee on Appropria- COUNTRY REPORTS ON HUMAN RIGHTS tions’ Subcommittee on Legislative to examine issues PRACTICES relative to the downsizing of Legislative Branch sup- Committee on International Relations: Subcommittee on port agencies, after receiving testimony from L. Wal- International Operations and Human Rights held a ter Freeman, Director for Real Estate and Facilities, hearing on Country Reports on Human Rights Prac- Washington Headquarters Services, Department of tices for 1994. Testimony was heard from John H. Defense; Joseph R. Wright, Jr., New York, New Shattuck, Assistant Secretary, Democracy, Human York, former Director, Office of Management and Rights and Labor, Department of State. Budget; Danford L. Sawyer, Jr. and John J. Boyle, February 2, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 133 both former Public Printers, Government Printing ation and Wage Enhancement Act of 1995; issues in the Office; Chris Hill, George Mason University, Fairfax, Contract With America dealing with Title VI: Strength- Virginia; Norman J. Ornstein, American Enterprise ening Regulatory Flexibility; Title VII: Regulatory Im- Institute for Public Policy Research, Thomas A. pact Analysis; and Title VIII: Protection Against Federal Schatz, Citizens Against Government Waste, David Regulatory Abuse, 9:30 a.m., 2226 Rayburn. M. Mason, Heritage Foundation, Tim Sprehe, and Subcommittee on the Constitution, hearing on Term Richard Haase, all of Washington, D.C. Limits for Members of the United States Senate and House of Representatives, 10 a.m., 2141 Rayburn. f Committee on Science, to continue hearings on Risk As- COMMITTEE MEETINGS FOR FRIDAY, sessment and Cost-Benefit Analysis, 11:30 a.m., 2318 FEBRUARY 3, 1995 Rayburn. Committee on Ways and Means, Subcommittee on (Committee meetings are open unless otherwise indicated) Human Resources and the Subcommittee on Early Child- Senate hood, Youth and Families of the Committee on Economic and Educational Opportunities, joint hearing on Contract No meetings are scheduled. With America: Child Care/Child Welfare, 9 a.m., 1100 House Longworth. Committee on Appropriations, Subcommittee on Labor, Joint Meetings Health and Human Services, Education and Related Agencies, on Public Witnesses, 10 a.m., 2358 Rayburn. Joint Economic Committee, to hold hearings on the em- Committee on the Judiciary, Subcommittee on Commer- ployment-unemployment situation for January, 9:30 a.m., cial and Administrative Law, hearing on H.R. 9, Job Cre- 2359 Rayburn Building. D 134 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, February 3 10 a.m., Friday, February 3

Senate Chamber House Chamber Program for Friday: After the recognition of two Sen- Program for Friday: Continued consideration of H.R. 2, ators for speeches and the transaction of any morning Line-Item Veto. business (not to extend beyond 10 a.m.), Senate will continue consideration of H.J. Res. 1, Balanced Budget Con- stitutional Amendment.

Extensions of Remarks, as inserted in this issue

HOUSE Fields, Jack, Tex., E254 Meek, Carrie P., Fla., E257 Foglietta, Thomas M., Pa., E254 Murtha, John P., Pa., E255 Ackerman, Gary L., N.Y., E254 Franks, Gary A., Conn., E255 Owens, Major R., N.Y., E260 Baker, Richard H., La., E260 Gejdenson, Sam, Conn., E255 Packard, Ron, Calif., E251 Bilbray, Brian P., Calif., E251 Hostettler, John N., Ind., E259 Rush, Bobby L., Ill., E257 Clay, William (Bill), Mo., E261 Hoyer, Steny H., Md., E254 Sanders, Bernard, Vt., E260 Clinger, William F., Jr., Pa., E251 Johnson, Nancy L., Conn., E259 Solomon, Gerald B.H., N.Y., E257 Costello, Jerry F., Ill., E251, E254 Kim, Jay, Calif., E251 Stokes, Louis, Ohio, E253 Dornan, Robert K., Calif., E252 Lincoln, Blanche Lambert, Ariz., E253 Young, C.W. Bill, Fla., E256 Eshoo, Anna G., Calif., E256, E261 Maloney, Carolyn B., N.Y., E256

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