E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, MONDAY, FEBRUARY 10, 1997 No. 16 House of Representatives The House met at 2 p.m. and was Pursuant to clause 1, rule I, the Jour- WASHINGTON, DC, called to order by the Speaker pro tem- nal stands approved. February 4, 1997. pore [Mr. COLLINS]. Hon. NEWT GINGRICH, f Speaker, House of Representatives. f DEAR MR. SPEAKER: I hereby resign my ap- PLEDGE OF ALLEGIANCE pointment to the House Veterans’ Affairs DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the Committee. PRO TEMPORE Sincerely, gentleman from Guam [Mr. The SPEAKER pro tempore laid be- DUNCAN HUNTER. UNDERWOOD] come forward and lead the Member of Congress. fore the House the following commu- House in the Pledge of Allegiance. nication from the Speaker: The SPEAKER pro tempore. Without Mr. UNDERWOOD led the Pledge of objection, the resignation is accepted. WASHINGTON, DC, Allegiance as follows: February 10, 1997. There was no objection. I pledge allegiance to the Flag of the I hereby designate the Honorable MAC COL- f United States of America, and to the Repub- LINS to act as Speaker pro tempore on this COMMUNICATION FROM CHAIRMAN day. lic for which it stands, one Nation under God, indivisible, with liberty and justice for OF THE COMMITTEE ON WAYS NEWT GINGRICH, Speaker of the House of Representatives. all. AND MEANS f f The SPEAKER pro tempore laid be- fore the House the following commu- PRAYER MESSAGES FROM THE PRESIDENT nication from the chairman of the The Chaplain, Rev. James David Sundry measages in writing from the Committee on Ways and Means: Ford, D.D., offered the following pray- President of the United States were COMMITTEE ON WAYS AND MEANS, er: communicated to the House by Mrs. HOUSE OF REPRESENTATIVES, As we meditate on all the words we Sara Emery, one of his secretaries. Washington, DC, February 5, 1997. could say about Your graces, O God, Hon. NEWT GINGRICH, f Speaker, House of Representatives, the Capitol, and the expressions that we use to de- Washington, DC. scribe our relationship to You, we ANNOUNCEMENT BY THE SPEAKER DEAR MR. SPEAKER: I am forwarding to you would speak of mercy and justice, of PRO TEMPORE the Committee’s recommendations for cer- charity and forgiveness, of reconcili- tain designations required by law for the ation and peace in our hearts. On this The SPEAKER pro tempore. The 105th Congress. day we speak those words that are Chair notes that on May 15, 1986, Mrs. First, pursuant to Section 8002 of the Inter- Sara Currence Emery was the first nal Revenue Code of 1986, the Committee des- above all else, those words that make ignated the following members to serve on us truly human and mark us as created woman to appear in this Chamber as the secretary of the President of the the Joint Committee on Taxation for the in Your image, the words of thanks- 105th Congress: Mr. Archer, Mr. Crane, Mr. giving and gratitude. When we ponder United States to deliver a message to Thomas, Mr. Rangel, and Mr. Stark. our lot in life and when we reflect on the House of Representatives. Today Second, pursuant to Section 161 of the Your goodness to us, we express joy she is delivering her last message. Mrs. Trade Act of 1974, the Committee rec- Emery is retiring as deputy executive ommended the following members to serve and praise for Your mercy to us and for as official advisors for international con- Your steadfast love to all people. With clerk of the White House after serving six administrations over the past 28 ference meetings and negotiating sessions on gratefulness and thanksgiving, we offer trade agreements: Mr. Archer, Mr. Crane, this prayer to You, gracious God, for years. She has the congratulations and Mr. Thomas, Mr. Rangel, and Mr. Matsui. Your presence and Your power is ever best wishes of the House. With best personal regards, I am with us. f Sincerely, BILL ARCHER. This is our earnest prayer. Amen. Chairman. f RESIGNATION AS MEMBER OF COMMITTEE ON VETERANS’ AF- f THE JOURNAL FAIRS ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- PRO TEMPORE Chair has examined the Journal of the fore the House the following resigna- The SPEAKER pro tempore. Without last day’s proceedings and announces tion as a member of the Committee on objection, and pursuant to the provi- to the House his approval thereof. Veterans’ Affairs: sions of section 161(a) of the Trade Act

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.

H395 H396 CONGRESSIONAL RECORD — HOUSE February 10, 1997 of 1974, (19 U.S.C. 2211), and upon the Perrier to sign any and all papers and do all icit has been cut by 63 percent—from recommendation of the chairman of other acts for me under the name of the $290 billion to $107 billion in fiscal 1996. the Committee on Ways and Means, the Clerk of the House which she would be au- As a percentage of the Nation’s gross Chair announces the Speaker’s selec- thorized to do by virtue of this designation, domestic product, the deficit has fallen except such as are provided by statute, in tion of the following members of that case of my temporary absence or disability. over the same period from 4.7 percent committee to be accredited by the This designation shall remain in effect for to 1.4 percent, and it is now the lowest President as official advisers to the the 105th Congress or until modified by me. it has been in more than 20 years. In U.S. delegations to international con- With warm regards, 1992 the budget deficit for all levels of ferences, meetings and negotiation ses- ROBIN H. CARLE, government was larger in relation to sions relating to trade agreements dur- Clerk, U.S. House of Representatives. our economy than those of Japan and ing the first session of the 105th Con- f Germany were to theirs. Now the defi- gress: ECONOMIC REPORT OF THE PRESI- cit is smaller by that same measure Mr. ARCHER of Texas; Mr. CRANE of DENT—MESSAGE FROM THE than in any other major industrialized Illionis; Mr. THOMAS of California; Mr. PRESIDENT OF THE UNITED economy. And this Administration has RANGEL of New York; and Mr. MATSUI STATES (H. DOC. NO. 105–2) proposed a plan that balances the budg- of California. The SPEAKER pro tempore laid be- et by 2002, while protecting critical in- There was no objection. fore the House the following message vestments in America’s future. f from the President of the United Investments in Education and Tech- APPOINTMENT AS MEMBERS OF States; which was read and, without nology. Deficit reduction remains a pri- PERMANENT SELECT COMMIT- objection, referred to the Joint Eco- ority, but it is not an end in itself. Bal- TEE ON INTELLIGENCE nomic Committee and ordered to be ancing the budget by cutting invest- printed: ments in education, or by failing to The SPEAKER pro tempore. Without ECONOMIC REPORT OF THE PRESIDENT give adequate support to science and objection, and pursuant to the provi- To the Congress of the United States: technology, could actually slow eco- sions of clause 1 of rule XLVIII and Four years ago, we began a journey nomic growth. To succeed in the new clause 6(f) of rule X, the Chair an- to change the course of the American global economy, our children must re- nounces the Speaker’s appointment to economy. We wanted this country to go ceive a world-class education. Every the Permanent Select Committee on into the 21st century as a Nation in child in America should be able to read Intelligence the following Members of which every American who was willing by the age of 8, log onto the Internet the House: Messrs. YOUNG of Florida; to work for it could have a chance—not by the age of 12, and receive at least 14 LEWIS of California; SHUSTER of Penn- a guarantee, but a real chance—at the years of quality education: 2 years of sylvania; MCCOLLUM of Florida; CASTLE American dream. We have worked hard college should become as universal as of Delaware; BOEHLERT, of New York; to achieve that goal, and today our high school is today. And we must BASS of New Hamphire; GIBBONS of Ne- economy is stronger than it has been in make sure that every child who wants vada, DICKS of Washington; DIXON of decades. to go to college has the resources to do California; SKAGGS of Colorado; Ms. so. PELOSI of California; and Ms. HARMAN The Economic Record of California. The challenge we faced in January Expanding Markets. We have aggres- There was no objection. 1993 was to put the economy on a new sively sought to expand exports and open markets abroad. In the past 4 f course of fiscal responsibility while continuing to invest in our future. In years we have achieved two major ELECTION OF MEMBER TO COM- the last 4 years, the unemployment trade agreements: The North American MITTEE ON STANDARDS OF OF- rate has come down by nearly a third: Free Trade Agreement and the Uru- FICIAL CONDUCT from 7.5 percent to 5.4 percent. The guay round accord of the General Mr. UNDERWOOD. Mr. Speaker, by economy has created 11.2 million new Agreement on Tariffs and Trade, which direction of the Democratic Caucus, I jobs, and over two-thirds of recent em- established the World Trade Organiza- offer a privileged resolution (H. Res. 44) ployment growth has been in industry/ tion. Members of the Asia-Pacific Eco- and ask for its immediate consider- occupation groups paying above-me- nomic Cooperation forum and the pro- ation. dian wages. Over the past 4 years infla- posed Free Trade Area of the Americas The Clerk read the resolution, as fol- tion has averaged 2.8 percent, lower have committed to establishing free lows: than in any Administration since John trade among themselves by 2020 and F. Kennedy was President. The com- 2005, respectively. And we have opened HOUSE RESOLUTION 44 bination of unemployment and infla- new markets abroad by signing more Resolved, that the following named Member tion is the lowest it has been in three be, and is hereby, elected to the following than 200 other important trade agree- standing committee of the House of Rep- decades. And business investment has ments. As a result, U.S. exports have resentatives: grown more than 11 percent per year— boomed, which means higher wages for To the Committee on Standards of Official its fastest pace since the early 1960s. American workers in export indus- Conduct: Mr. HOWARD L. BERMAN of Califor- As the economy has grown, the fruits tries—often 13 to 16 percent higher nia. of that growth are being shared more than the rest of the workforce. equitably among all Americans. Be- The resolution was agreed to. Reforming Government. The strength tween 1993 and 1995 the poverty rate A motion to reconsider was laid on of the American economy lies in the fell from 15.1 percent to 13.8 percent— the table. energy, creativity, and determination the largest 2-year drop in over 20 years. f of our citizens. Over the past 4 years Poverty rates among the elderly and we have worked hard to create an envi- among African-Americans are at the COMMUNICATION FROM THE ronment in which business can flour- lowest level since these data were first CLERK OF THE HOUSE ish. And as the private sector has ex- collected in 1959. And real median fam- The SPEAKER pro tempore laid be- panded, the Federal Government has ily income has risen by $1,600—the fore the House the following commu- improved its efficiency and cost-effec- largest growth rate since the Adminis- nication from the Clerk of the House of tiveness. We have energetically re- tration of President Johnson. Representatives: formed regulations in key sectors of WASHINGTON, DC, The Economic Agenda the economy, including telecommuni- February 10, 1997. Our comprehensive economic agenda cations, electricity, and banking, as Hon. NEWT GINGRICH, well as environmental regulation. And The Speaker, U.S. House of Representatives, has helped put America’s economy Washington, DC. back on the right track. This agenda we have reduced the size of the Federal DEAR MR. SPEAKER: Under Clause 4 of Rule includes: Government as a percentage of the III of the Rules of the U.S. House of Rep- Historic Deficit Reduction. Since the workforce to the smallest it has been resentatives, I herewith designate Ms. Julie 1992 fiscal year, the Federal budget def- since the 1930’s. February 10, 1997 CONGRESSIONAL RECORD — HOUSE H397 CONTINUING TO CREATE AN ECONOMY FOR THE project in Iraq. United States persons adopted procedures to be employed by 21ST CENTURY were also prohibited from granting or the 661 Committee in implementation America’s workers are back at work extending credit or loans to the Gov- of UNSCR 986. On December 9, 1996, the and our factories are humming. Once ernment of Iraq. Secretary General released the report again, America leads the world in auto- The foregoing prohibitions (as well as requested by paragraph 13 of UNSCR mobile manufacturing. Our high-tech- the blocking of Government of Iraq 986, making UNSCR 986 effective as of nology industries are the most com- property) were continued and aug- 12:01 a.m. December 10. petitive in the world. Poverty is down mented on August 9, 1990, by Executive 2. During the reporting period, there and real wages are at last beginning to order 12724, which was issued in order have been three amendments to the rise. And we have laid the foundations to align the sanctions imposed by the Iraqi Sanctions Regulations, 31 C.F.R. for future long-term economic growth United States with United Nations Se- Part 575 (the ‘‘Regulations’’), adminis- by reducing the deficit and investing in curity Council Resolution (UNSCR) 661 tered by the Office of Foreign Assets education. of August 6, 1990. Control (OFAC) of the Department of During the past 4 years, we have Executive Order 12817 was issued on the Treasury. The Regulations were worked to prepare all Americans for October 21, 1992, to implement in the amended on August 22, 1996, to add the the challenges and opportunities of the United States measures adopted in Antiterrorism and Effective Death new global economy of the 21st cen- UNSCR 778 of October 2, 1992. UNSCR Penalty Act of 1996 (Public Law 104–132; tury. We have worked to restore fiscal 778 requires U.N. Member States to 110 Stat. 1214–1319 (the ‘‘Antiterrorism discipline in our government, to ex- transfer to a U.N. escrow account any Act’’)) as an authority for the Regula- pand opportunities for education and funds (up to $200 million apiece) rep- tions (61 Fed. Reg. 43460, August 23, training for our children and workers, resenting Iraqi oil sale proceeds paid 1996). Section 321 of the Antiterrorism to reform welfare and encourage work, by purchasers after the imposition of Act (18 U.S.C. 2332d), which I signed and to expand the frontiers of free U.N. sanctions on Iraq, to finance into law on April 24, 1996, makes it a trade. But there is more work to be Iraq’s obligations for U.N. activities criminal offense for United States per- done. We must continue to provide our with respect to Iraq, such as expenses sons, except as provided in regulations citizens with the tools to make the to verify Iraqi weapons destruction, issued by the Secretary of the Treasury most of their own lives so that the and to provide humanitarian assistance in consultation with the Secretary of American dream is within the reach of in Iraq on a nonpartisan basis. A por- State, to engage in financial trans- every American. tion of the escrowed funds also finances actions with the governments of coun- the activities of the U.N. Compensation tries designated under section 6(j) of WILLIAM J. CLINTON. Commission in Geneva, which handles the Export Administration Act (50 THE WHITE HOUSE, February 10, 1997. claims from victims of the Iraqi inva- U.S.C. App. 2405) as supporting inter- f sion and occupation of Kuwait. Member national terrorism. United States per- b 1415 States also may make voluntary con- sons who engage in such transactions tributions to the account. The funds are subject to criminal fines under REPORT ON DEVELOPMENTS RE- placed in the escrow account are to be title 18, United States Code, imprison- GARDING CONTINUING NATIONAL ment for up to 10 years, or both. Be- returned, with interest, to the Member EMERGENCY WITH RESPECT TO cause the Regulations already prohib- States that transferred them to the IRAQ—MESSAGE FROM THE ited such transactions, with minor ex- United Nations, as funds are received PRESIDENT OF THE UNITED ceptions for transactions such as dona- from future sales of Iraqi oil authorized STATES (H. DOC. 105–41) tions of humanitarian aid, no sub- by the U.N. Security Council. No Mem- stantive change to the prohibitions of The SPEAKER pro tempore laid be- ber state is required to fund more than the Regulations was necessary. This fore the House the following message half of the total transfers or contribu- from the President of the United amendment also notes the criminal tions to the escrow account. penalties that may be imposed for vio- States; which was read and, together This report discusses only matters lations of the Antiterrorism Act and with the accompanying papers, without concerning the national emergency implementing regulations. A copy of objection, referred to the Committee with respect to Iraq that was declared on International Relations and ordered the amendment is attached. in Executive Order 12722 and matters The Regulations were amended on to be printed: relating to Executive Orders 12724 and October 21, 1996 (61 Fed. Reg. 54936, Oc- To the Congress of the United States: 12817 (the ‘‘Executive Orders’’). The re- tober 23, 1996), to implement section 4 I hereby report to the Congress on port covers events from August 2, 1996 of the Federal Civil Penalties Inflation the developments since my last report through February 1, 1997. Adjustment Act of 1990, as amended by of August 14, 1996, concerning the na- 1. In April 1995, the U.N. Security the Debt Collection Improvement Act tional emergency with respect to Iraq Council adopted UNSCR 986 authoriz- of 1996, by adjusting for inflation the that was declared in Executive order ing Iraq to export up to $1 billion in pe- amount of the civil monetary penalties 12722 of August 2, 1990. This report is troleum and petroleum products per that may be assessed under the Regula- submitted pursuant to section 401(c) of quarter for 6 months under U.N. super- tions. The Regulations, as amended, in- the National Emergencies Act, 50 vision in order to finance the purchase crease the maximum civil monetary U.S.C. 1641(c), and section 204(c) of the of food, medicine, and other humani- penalty provided by law from $250,000 International Emergency Economic tarian supplies. This arrangement may to $275,000 per violation. Powers Act, 50 U.S.C. 1703(c). be renewed by the Secretary Council The amended Regulations also reflect Executive Order 12722 ordered the im- for additional 6-month periods. UNSCR an amendment to 18 U.S.C. 1001 con- mediate blocking of all property and 986 includes arrangements to ensure eq- tained in section 330016(1)(L) of Public interests in property of the Govern- uitable distribution of humanitarian Law 103–322; 108 Stat. 2147. The amend- ment of Iraq (including the Central goods purchased with UNSCSR 986 oil ment notes the availability of higher Bank of Iraq) then or thereafter lo- revenues to all the people of Iraq. The criminal fines pursuant to the formulas cated in the United States or within resolution also provides for the pay- set forth in 18 U.S.C. 3571. A copy of the the possession or control of a United ment of compensation to victims of amendment is attached. States person. That order also prohib- Iraqi aggression and for the funding of The Regulations were amended on ited the importation into the United other U.N. activities with respect to December 10, 1996, to provide a state- States of goods and services of Iraqi or- Iraq. On May 20, 1996, a memorandum ment of licensing policy regarding spe- igin, as well as the exportation of of understanding was concluded be- cific licensing of United States persons goods, services, and technology from tween the Secretariat of the United seeking to purchase Iraqi-origin petro- the United States to Iraq. The order Nations and the Government of Iraq leum and petroleum products from Iraq prohibited travel-related transactions agreeing on terms for implementing (61 Fed. Reg. 65312, December 11, 1996). to or from Iraq and the performance of UNSCR 986. On August 8, 1996, the Statements of licensing policy were any contract in support of any indus- UNSC committee established pursuant also provided regarding sales of essen- trial, commercial, or governmental to UNSCR 661 (‘‘the 661 Committee’’) tial parts and equipment for the H398 CONGRESSIONAL RECORD — HOUSE February 10, 1997 Kirkuk-Yumurtalik pipeline system, icine, medical supplies, and food in- The Bagdad government continues to and sales of humanitarian goods to tended for humanitarian relief pur- violate basic human rights of its own Iraq, pursuant to United Nations ap- poses, the execution of powers of attor- citizens through systemic repression of proval. A general license was also ney relating to the administration of minorities and denial of humanitarian added to authorize dealings in Iraqi-or- personal assets and decedents’ estates assistance. The Government of Iraq has igin petroleum and petroleum products in Iraq and the protection of repeatedly said it will not be bound by that have been exported from Iraq with preexistent intellectual property rights UNSCR 688. The Iraqi military rou- United Nations and United States Gov- in Iraq. Since my last report, 23 spe- tinely harasses residents of the north, ernment approval. The rule also added cific licenses have been issued. and has attempted to ‘‘Abrabize’’ the definitions and made technical amend- 6. The expenses incurred by the Fed- Kurdish, Turcomen, and Assyrian areas ments. A copy of the amendment is at- eral Government in the 6-month period in the north. Iraq has not relented in tached. from August 2, 1996, through February its artillery attacks against civilian All executory contracts must contain 1, 1997, that are directly attributable to population centers in the south, or in terms requiring that all proceeds of oil the exercise of powers and authorities its burning and draining operations in purchases from the Government of conferred by the declaration of a na- the southern marshes, which have Iraq, including the State Oil Marketing tional emergency with respect to Iraq forced thousands to flee to neighboring Organization must be placed in the are reported to be about $1 million, states. U.N. escrow account at Banque most of which represents wage and sal- The policies and actions of the Sad- Nationale de Paris, New York (the ‘‘986 ary costs for Federal personnel. Per- dam Hussein regime continue to pose Escrow Account’’), and all Iraqi pay- sonnel costs were largely centered in an unusual and extraordinary threat to ments for authorized sales of pipeline the Department of the Treasury (par- the national security and foreign pol- parts and equipment, humanitarian ticularly in the Office of Foreign As- icy of the United States, as well as to goods, and incidental transaction costs sets Control, the U.S. Customs Service, regional peace and security. The U.N. borne by Iraq will, upon approval by the Office of the Under Secretary for resolutions affirm that the Security the UNSC committee established pur- Enforcement, and the Office of the Council must be assured of Iraq’s suant to the 661 Committee, be paid or General Counsel), the Department of peaceful intentions in judging its com- payable out of the 986 Escrow Account. State (particularly the Bureau of Eco- pliance with sanctions. Because of 3. Investigations of possible viola- nomic and Business Affairs, the Bureau Iraq’s failure to comply fully with tions of the Iraqi sanctions continue to of Near Eastern Affairs, the Bureau of these resolutions, the United States be pursued and appropriate enforce- International Organization Affairs, the will continue to apply economic sanc- ment actions taken. Several cases from Bureau of Political-Military Affairs, tions to deter it from threatening prior reporting periods are continuing the U.S. Mission to the United Nations, peace and stability in the region. and recent additional allegations have and the Office of the Legal Adviser), WILLIAM J. CLINTON. been referred by OFAC to the U.S. Cus- and the Department of Transportation THE WHITE HOUSE, February 10, 1997. toms Service for investigation. Several (particularly the U.S. Coast Guard). OFAC civil penalty proceedings are 7. The United States imposed eco- f nomic sanctions on Iraq in response to pending. Investigation also continues SPECIAL ORDERS into the roles played by various indi- Iraq’s illegal invasion and occupation viduals and firms outside Iraq in the of Kuwait, a clear act of brutal aggres- Iraqi government procurement net- sion. The United States, together with the international community, is main- STATUS OF GUAM’S QUEST FOR work. These investigations may lead to COMMONWEALTH additions to OFAC’s listing of individ- taining economic sanctions against uals and organizations determined to Iraq because the Iraqi regime has failed The SPEAKER pro tempore (Mr. COL- be Specially Designated Nationals to comply fully with United Nations LINS). Under the Speaker’s announced (SDNs) of the Government of Iraq. Security Council resolutions. Security policy of January 7, 1997, the gen- Since my last report, three civil Council resolutions on Iraq call for the tleman from Guam [Mr. UNDERWOOD] is monetary penalties totaling $102,250 elimination of Iraqi weapons of mass recognized for 60 minutes as the des- have been collected from one financial destruction, Iraqi recognition of Ku- ignee of the minority leader. institution and two individuals for vio- wait and the inviolability of the Iraq- Mr. UNDERWOOD. Mr. Speaker, I lation of the prohibitions against Kuwait boundary, the release of Ku- take this opportunity today to share transactions with Iraq. Additional ad- waiti and other third-country nation- with the American people and the Con- ministrative procedures have been ini- als, compensation for victims of Iraqi gress a compelling story about my tiated and others await commence- aggression, long-term monitoring of home island Guam’s quest for an im- ment. weapons of mass destruction capabili- proved political status with the United 4. Pursuant to Executive Order 12817 ties, the return of Kuwaiti assets sto- States. implementing UNSCR 778, on October len during Iraq’s illegal occupation of There is no more pressing political 26, 1992, OFAC directed the Federal Re- Kuwait, renunciation of terrorism, an issue for the people of Guam and our is- serve Bank of New York to establish a end to internal Iraqi repression of its land than a political status change blocked account for receipt of certain own civilian population, and the facili- from the existing unincorporated terri- post-August 6, 1990, Iraqi oil sales pro- tation of access of international relief torial status to something which we ceeds, and to hold, invest, and transfer organizations to all those in need in all call commonwealth; a very elastic po- these funds as required by the Order. parts of Iraq. Six years after the inva- litical term, a term that is used in ref- On December 13, 1996, OFAC directed sion, a pattern of defiance persists: a erence to the Commonwealth of Penn- the Federal Reserve Bank of New York refusal to account for missing Kuwaiti sylvania or the Commonwealth of Mas- to transfer the interest accrued on the detainees; failure to return Kuwaiti sachusetts, but also the Common- blocked account to the U.N. escrow ac- property worth millions of dollars, in- wealth of Puerto Rico and the Com- count established pursuant to UNSCR cluding military equipment that was monwealth of the Northern Marianas. 778, to match contributions in excess of used by Iraq in its movement of troops The commonwealth we seek is em- $30 million by other countries. to the Kuwaiti border in October 1994; bodied in a piece of legislation and is 5. The Office of Foreign Assets Con- sponsorship of assassinations in Leb- one which carries out the principles of trol has issued a total of 653 specific li- anon and in northern Iraq; incomplete democracy, self-governance, and eco- censes regarding transactions pertain- declarations to weapons inspectors and nomic stability and fairness. We are on ing to Iraq and Iraqi assets since Au- refusal of unimpeded access; and ongo- a long journey and our goal is an im- gust 1990. Licenses have been issued for ing widespread human rights viola- proved relationship with the United transactions such as the filing of legal tions. As a result, the U.N. sanctions States. actions against Iraqi governmental en- remain in place; the United States will Now this year, 1997, is the year before tities, legal representation of Iraq, and continue to enforce those sanctions 1998 which will represent the 100th an- the exportation to Iraq of donated med- under domestic authority. niversary of the Spanish-American February 10, 1997 CONGRESSIONAL RECORD — HOUSE H399 War, and that of course will finish off United States, a status which is seen as by the United States but that we are the 105th Congress. As many of you will a better status and more autonomous not fully part of the United States. recall from your history classes, Puer- status than the one we have, even And until we change that status, con- to Rico, the Philippines, and Cuba were though they have only been associated gressional authority, congressional ple- spoils of that war nearly 100 years ago with the United States since the end of nary authority remains in full effect but, perhaps not often recognized, so World War II, for a little over 50 years. and the Constitution applies to Guam was Guam. And for the people of Guam In addition to that, there are three only to the extent that Congress sees the past 100 years has been representa- independent republics that came out of fit to apply it to Guam. tive of a continual colonial status, a the trust territory which are in free as- So one of the main elements of great status which does not lead to clarity or sociation with the United States, discussion about political theory today surety in the final resolution of our re- namely the Federated States of Micro- and the appropriate relationship be- lationship with the United States. nesia, the Republic of Palau, and the tween the Federal Government and the How we will commemorate the 100th Republic of the Marshall Islands. It is local government is the use of the 10th anniversary of 1898 in many respects with some sadness that I point this out amendment, where certain powers are will be a measure of how we see our- because it is really the responsibility reserved to the States or the people. selves as a society. It is clear that of the United States to move this proc- And the concept of devolution in that Cuba has been independent for a num- ess, as well as it is the responsibility of uses, as a core article, obviously faith ber of years. The Philippines were inde- the people of Guam to make clear their in the application of the 10th amend- pendent after World War II. Puerto desires in terms of their relationship ment. Rico has a political status, and a de- with the United States. Congress of course, in its wisdom, has fined process may be on the horizon for It is particularly incumbent upon made sure that the 10th amendment Puerto Rico as it seeks either inde- this body, in Congress, because Con- does not apply to territories. So any pendence, continued commonwealth or gress is constitutionally mandated to powers that are forfeited, in a sense, or accession to statehood. make all decisions regarding material acknowledged by the Federal Govern- For Guam it is not clear, and for acquisitions and the future political ment to be reserved to local authori- Guam, Guam will then remain the last status, rules, regulations, and laws ties or local governance, it is clearly piece of the puzzle of 100 years that has which appertain to those territories. not the case with the territories. come from the results of the Spanish- So that we keep in mind what we are It was not until after World War II American War. discussing, there are a number of small that Guam was referred to as an unin- It is interesting to note that when territories still associated with the corporated territory, with the passage Spain lost the Spanish-American War, United States. They are the Virgin Is- of the Organic Act of Guam. And the Spain had claims to not only the Phil- lands, American Samoa, Guam, the Organic Act of Guam is the governing ippines but a number of islands in Mi- Commonwealth of the Northern Mari- document, and an organic act simply cronesia, including the Northern Mari- anas, and of course the Commonwealth means an act by Congress to organize a anas, much of the Caroline Islands, of Puerto Rico, which is seen as dif- government. which includes Palau, Yap, and Truk. ferent not only because it is much larg- The Navy, for the first 50 years of as- Even though the United States had er than the small territories but be- sociation with the United States, was the opportunity to inherit those cause it is also often discussed in terms the primary instrument of government claims, it chose not to and it only took of a statehood option. over Guam, and all of the officers, the one island out of the whole Microne- For more than 300 years prior to the commanding officer of the naval sta- sian region, and that island was Guam, Americans coming to Guam in 1898, tion of Guam was also the Governor of and Guam then had the American flag Guam was a Pacific colony of Spain Guam. The commander of the marines raised over it. The islands to the north and as such is marked a little bit dif- was also the head of the Department of of Guam, and which Guam is a part of ferent than other Pacific islands. We Public Safety. The Navy chaplain was this chain of islands, the Mariana Is- adopted many Spanish customs, we automatically the head of the Depart- lands, and which we are the same eth- learned to live with Spanish rulers, we ment of Education. nic group as those people from the adopted primarily Catholicism as our They had a kind of a little system de- Northern Marianas, subsequently were major religion and we incorporated vised that virtually treated people as if sold to Germany until the end of World many Spanish spoken words into our they were wards, as if they were people War I. They were then inherited as a native Chamorro language. And as a re- who needed a great deal of tutelage be- League of Nations mandate by Japan sult of that we are proud to continue to fore they were even trusted with the as a result of World War I, and then identify ourselves as proud people, in- most rudimentary forms of govern- after World War II they became part of digenous people, of the Pacific islands, ment. And of course the citizenship the Trust Territory of the Pacific Is- but certainly indeed with a great touch status of the people was the part that lands. of Hispanicization woven into the cul- was most cloudy. People were not U.S. It is interesting to note that those is- tural and societal fabric of our lives. citizens but they were not aliens. The lands that went through that entire One hundred years ago, as I pointed Navy had an interesting order called routing process from Spanish claims to out, the United States took Guam from Court Martial Order No. 1923 that held German administration, to Japanese Spain and established a military gov- while the natives of Guam are not citi- administration under the League of ernment of Guam. Now, Guam was con- zens of the United States, nor are they Nations mandate, to American admin- sidered at that time a possession of the aliens. There were no means by which istration under the watchful eyes of United States, and it is a mark again they could become citizens. the United Nations as a trust territory, of the lack of clarity in the relation- So unlike aliens who have the oppor- have all finally resolved their political ship between small territories and the tunity to become citizens, the people of status issues. Guam, which has been Federal Government, the terms that Guam were in a kind of permanent the longest associated with the United are used. anomalous status, if you will. But they States, since 1898, is the last remaining Sometimes we are referred to as the were most often referred to as nation- area of that group which has yet to fi- territory of the United States, the un- als until the passage of the Organic Act nally resolve its political status with incorporated territory of the United in 1950, and the people of Guam became the United States. States. I have seen documents which U.S. citizens. And although there are many bene- refer to us as a protectorate, as a pos- Prior to the Organic Act in 1950, I fits to be gained by being associated session, as if we were a thing to be guess the historical incident which with the United States for a much owned and moved around, but in re- most marks Guam, at least in the con- longer period of time, apparently re- ality the actual term and the appro- sciousness of most people in the United solving the political status box is not priate legal term is unincorporated ter- States today, is the experience during one of them. So today our neighboring ritory of the United States. World War II. Guam was the only islands, including the Northern Mari- An unincorporated territory of the American territory with people in it to anas as now a commonwealth of the United States means that we are owned be occupied by an enemy during World H400 CONGRESSIONAL RECORD — HOUSE February 10, 1997 War II, and, in fact, if you go back into Guam is sometimes treated as a part the Senate as well as the executive the war of 1812, it has been the only of the United States, and at other branch of the Federal Government. American territory that has been in- times it is treated as if it were a for- And my predecessor, Congressman Ben vaded and occupied by a foreign power eign country, and that is part of the Blaz, a retired Marine Corps general of and actually had people in it. anomalous status, but most of the time whom we are very proud, was the first I know a couple of the Aleutian Is- it is not ignored—it is not ignored at one to introduce that. He introduced it lands were taken during World War II, all. I always point this out, that in the twice. I have been here three terms; I but all the civilians, all the people course of trying to do legislative work have had the honor, distinct honor, of were evacuated from those islands. As here in Congress, frequently when leg- introducing it three times. But in all it was on Guam, the people were not islation is passed, unless it specifically that time since 1988 we have really had evacuated and the people endured a mentions Guam or it specifically men- only one congressional hearing on the very horrific occupation for which in tions territories, it is normally ig- proposal, and that was held in Hono- many respects the people still bear nored, and over the course of the 4 lulu in December 1989. scars from that experience. years that I have been here I have al- I might add that despite the enor- The one thing that united the people ways asked this question when legisla- mous distances Honolulu is still 3,500 in that experience is that people never tion is being passed, and I will always miles away from Guam. Hundreds of lost hope in the Americans coming hear the reply that it was an oversight our island residents and leaders went back to relieve them of the burden that to not include Guam, forgive me for my to Honolulu to express their hopes and they were experiencing as a result of oversight in not thinking about the aspirations. At that time congressional the Japanese occupation, and many, small territories, an oversight. leadership said that before they really many stories have come from that, not I have heard this term many, many could address this, since there were a only for the experience of the people times, and I always joke back that number of complicated provisions to who endured the occupation, but cer- maybe we ought to have one big over- the Commonwealth Draft Act, they tainly for the incoming marines and sight hearing over all the oversights suggested that we work with the execu- sailors who performed many heroic that Guam and some of the small terri- tive branch in order to narrow the dif- deeds in terms of liberating the island tories have experienced. from the Japanese. ferences and to enter into formal dis- Well, the next milestone for Guam cussions. In 1950, when the Organic Act of politically beyond the Organic Act was Throughout the Bush and the Clinton Guam was passed by the U.S. Congress, in 1970. For the first time the chief ex- administrations interagency task citizenship was passed along to the ecutive of the island was elected by the forces of Federal officials have tin- people of Guam. And the Organic Act people of Guam. So it has only been ap- kered with the draft commonwealth granted the people of Guam a limited proximately 27 years since the people proposal, and we have seen several con- form of American citizenship, com- of Guam have had the opportunity to stitutional arguments raised, and there monly referred to as statutory citizen- elect their own Governor, and in 1972 have been arguments about specific ship, meaning that Congress also has the people of Guam were afforded an provisions, and for almost 7 years the the authority to take it away. Not that opportunity to have a delegate, a non- people of Guam and their representa- it is going to, but that legally it has voting delegate, in the U.S. House of tives through the Commission on Self the authority to take that citizenship Representatives, of which I am the Determination have met with Guam of- away. And this is very unlike others, third such individual to be elected to ficials, and the Federal officials con- the vast majority of American citizens this body. Sending a delegate to Con- tinue to raise objections. who are so-called constitutional citi- gress meant that our interests could be zens. more effectively protected by someone Unfortunately, even though there Certainly unlike the citizens of any that the people of Guam sent here, and was a little progress during the admin- of the 50 States or even the District of of course electing our own Governor istration of President Bush, the inter- Columbia, the citizens of Guam do not gave us a great sense of control over agency task force on the last day of the enjoy all the full protections of the Bush administration issued a negative U.S. Constitution. And by being and by local affairs. But Guam’s political status as an un- report on the draft commonwealth pro- remaining an unincorporated territory, incorporated territory continues to posal, in effect reneging on many im- in its current form, the United States prove unsatisfactory, as we have a portant provisions of the draft act. has broad powers over the affairs of number of issues of contention with When I was first elected in 1992 and Guam and ultimately the future of the the Federal Government. As a result of sworn into office in 1993, the first piece Chamorro people of Guam. this great discussion that we had in of legislation which I introduced was b 1430 Guam in the late 1960’s and through the the Guam Commonwealth Act, and last What this relationship has meant is 1970’s, a series of political status hear- month I reintroduced the very same that the United States can continue to ings were held, and there was a great bill, which is now known as H.R. 100, enjoy the benefits for which Guam was deal of discussion, and there were a hoping to draw a connection between intended. It was no accident that Guam number of elections that took place, the 100th anniversary of 1898 coming up was picked up in 1898 over the other is- and the major political status was held next year, in which I hope that we will lands. Guam was the largest island in in 1982 to determine what general di- see final resolution of the political sta- Micronesia. It had the most contact rection Guam wanted to go if the sta- tus process for small territories, and in with outside people at that time, and it tus quo was to be changed. From a list particular Guam. also was seen as an adequate coaling of six status options the people of H.R. 100 is now under review by the station for the level of naval tech- Guam choose statehood and common- President’s Special Representative for nology at the time. And since that wealth as the two desired options, and Guam Commonwealth who is Deputy time of course we have seen Guam per- those were put together in a runoff, Secretary of Interior John Garamendi, form a number of roles as a strategic and as a result of the runoff the over- and he is doing this in conjunction area. It is a major logistical point whelming choice was a commonwealth with White House officials and Cabinet today, it can be a forward—an area for with 73 percent. level officials. Governor Gutierrez, who forward deployment and projection of So this led to the task then of draft- is the chairman of the Commission on American power into Asia and the Pa- ing the Commonwealth Act, what piece Self Determination, and I have met cific, and if the military planners did of legislation should we present to Con- with a number of White House officials not have the security of knowledge gress as the embodiment of our desires? and various members of the adminis- that Guam over any other location in That resulted in 12 separate sections of tration on this proposal. It is clear the Pacific and in Asia is a stable and the act; each one of those sections that the manner in which we are ap- friendly environment for the projection were, in turn, ratified by the voters of proaching this, in which we are hoping of American military forces, they Guam, and finally in 1988, in February to secure the support of the adminis- would have more insecurity in their 1988, the Guam Commonwealth Act was tration, makes the most sense and will sleep at night. given to the leaders of the House and clear away most of the problematic February 10, 1997 CONGRESSIONAL RECORD — HOUSE H401 provisions, and hopefully it will elimi- at the commonwealth proposal of posed to be appointed on October 2, nate many of the objections before we Guam, to make it see the light of day, 1996, prior to the election. Now we have move this legislation here in Congress. to allow the debate on its provisions to learned that the gambling interests But the people of Guam must not go forward, to give a clear and sensible that once gave millions of dollars to make the mistake of placing their answer to the people of Guam why both political parties also had a coffee faith in this process without some hope their aspirations to be fuller Ameri- with the President of the United States of success. If we do this, we will pursue cans, Americans with more autonomy as some of the infamous White House commonwealth in a manner which will over their lives, continues to be frus- coffees. totally frustrate us. The frustration trated after 7 years of discussions. b 1445 with the current process, since it has We have an opportune time in this gone on for over 7 years, is sapping Congress. We are facing the 100th anni- The Wall Street Journal reported some of the strength to our commit- versary of a war that most of us prob- last week that the Oneida Nation do- ment to commonwealth and is leading ably do not think about much. But I nated $30,000 to the Democratic Na- to the unfortunate feeling of a lack of am certainly going to bring it to the tional Committee on the day that confidence in the Federal Govern- surface as much as I can. In that war Oneida Chairwoman Deborah Doxtator ment’s sincerity. But I remain con- the Treaty of Paris of 1898 specifically attended a White House coffee event. fident, and certainly most of the people entrusted the Congress of the United This administration is being scruti- of Guam do, that we should not give up States with the exact obligation to de- nized for the campaign contributions it on commonwealth. Despite the lack of termine the political status of the na- has received in the campaign-related support and clarity of both administra- tive inhabitants of Guam. We have not meetings it has had within the White tions and from Washington in general, done that in a clear and concise man- House. Americans are rightly con- the people of Guam still remain re- ner, we have not done that in a respect- cerned, Americans of both political markably united behind common- ful manner, and I do not think we have parties are rightly concerned, about wealth. done that in a way that is commensu- the President meeting with drug deal- The administration negotiations has rate with the value that Guam has ers in the White House. They are con- gone on rather intensely for the past been to the United States through its cerned that China’s biggest arms mer- year, and we have seen a number of strategic location for the intervening chant, Mr. Wang, head of the Poly time deadlines set, but realistically I 100 years. Corp. in China, who was trying to sell think the people of Guam have reached I hope that as we see the 100th anni- assault weapons to street gangs in the point that if we do not see this versary of the Spanish American War, I California, was meeting with the Presi- make progress by spring, the people of pray that the Members of Congress will dent of the United States in the White Guam will be in a position to reevalu- bring attention to this issue, as I cer- House. What a disgrace. The president ate whether the current process that tainly will in collaboration with the of the corporation that was selling as- we are engaged in is really the way leadership of the other territories, as sault weapons and even shoulder mis- that we want to go about it and wheth- well as, of course, the Commonwealth siles to street gangs in California was er indeed we want commonwealth or of Puerto Rico. The 100th anniversary meeting with the President of the the kind of commonwealth that we pro- of the Spanish-American War marks an United States. pose. important time period for the United Their concern was favor-seeking In- So this is a very critical time in the States to, in a sense, come face to face donesian businessmen, and as everyone negotiation process, and while I com- with its imperial past and come face to knows, the Lippo Bank in Indonesia, mend the Clinton administration for face with what hopefully will be in the and I just returned from Indonesia 2 their forthrightness in bringing it to next century a more perfect union not weeks ago where we went to the island this point, and I also want to commend only for the 50 States and the District of East Timor, where the first Catholic Governor Gutierrez and all the elected of Columbia, but all the people who Bishop ever in the history of the world, leadership of Guam for bringing it to live under the American flag. a winner of the Nobel Peace Prize, and this point, we have been near this point f I might say he was appointed and rec- in the past, and we need to get on with GAMBLING ADVOCATES SHOULD ommended by the gentleman from Ohio it, and we need to get a clear, strong NOT BE PART OF THE NATIONAL [Mr. HALL], from this side of the aisle, signal from the administration about GAMBLING IMPACT STUDY COM- won the Nobel Peace Prize. The feeling their sense of what commonwealth for MISSION out in Indonesia and now in the United States is that the Lippo Bank, which is Guam means and whether they agree The SPEAKER pro tempore (Mr. COL- an Indonesian bank, through the Riady with our proposal. LINS). Under the Speaker’s announced Next year will mark the 100th anni- policy of January 7, 1997, the gen- family, which is close to the Clinton versary of Guam being first a posses- administration, gave money to the tleman from Virginia [Mr. WOLF] is sion of the United States and now an recognized for 60 minutes as the des- Clinton administration, which has now unincorporated territory, but this ignee of the majority leader. changed their policy on Indonesia. And process with the Clinton administra- Mr. WOLF. Mr. Speaker, it has re- we know that in Indonesia, in a little tion is not really the culmination of cently been reported that the President island of East Timor where 700,000 peo- the Commonwealth Draft Act because, of the United States and the minority ple of the Catholic faith are now being as most people in Congress know, and leader of the House are planning to ap- persecuted and the military fear that certainly I hope all of them will know point gambling advocates to the Na- runs through the island as they are by the time we deal with this piece of tional Gambling Impact Study Com- taking young people away in the mid- legislation, Congress retains plenary mission. Should this come to pass, it dle of the night. authority over the territories of the would prevent a commission from So the American people are con- United States through the Constitu- doing any meaningful work. The Presi- cerned about this. They are concerned tion. dent and the minority leader should about a reputed Russian mobster, Rus- This is really a congressional call. not appoint individuals with a vested sian mobster in the White House with Political status change is really a con- interest in the outcome of the report. coffee, and as this administration says gressional call. Progress in the terri- They should appoint men and women of they are concerned about drugs, drug tories and the policies which the Fed- good will, able to make an objective dealers at the White House. So there- eral Government adopts in the terri- and thorough review of gambling. fore, they are concerned about this tories is really a congressional call. So Why? Because gambling is known to whole issue of campaign financing. I am really requesting the Members of wreak havoc on small businesses, fami- Anything the White House does, Congress, and particularly the leader- lies, and our governmental institu- rightly or wrongly, will be scrutinized ship of Congress and those who are par- tions, and it is time to learn in light of these factors. ticularly responsible for the insular gambling’s true impact on the Nation. I call on the President to appoint areas, both in the House and in the As the Washington Post editorialized three honest and decent Americans, other body, to take a good strong look today, the commissioners were sup- people the American people can trust H402 CONGRESSIONAL RECORD — HOUSE February 10, 1997 to conduct a credible study of the gam- together to establish other commis- Many places have failed to understand that bling industry. I urge the President to sions in the future, to study issues such casinos, more than other forms of gambling avoid the charge that his picks are po- as Medicare and Social Security. Those such as lotteries, cause what economists call litical payola, mere kickbacks for fi- commissions should not be loaded up negative externalities. There is a price to pay in the rising costs of such things as law nancial support during the election. I one way or another so meaningful re- enforcement, street cleaning, and, some agree with the gentleman from New search is somehow thwarted. They argue, the extra social services needed when York [Mr. LAFALCE], who urged the should be above politics. gambling leads to the breakup of families. President in a February 6 letter in say- If the President appoints gambling When these additional costs are taken into ing, ‘‘to place the National Gambling interests to this commission, can you account, it is far from clear that gambling Impact Study Commission above poli- imagine who he will appoint to the benefits anyone except the casino operators. tics and to consider appointments that Medicare commission? Can you imag- Now the President stands here to ad- the public can rely on to conduct a ine who he will appoint to the Social dress the Nation and talk about fami- comprehensive and fair review of gam- Security commission? It will destroy lies. In fact, if you listen to both politi- bling.’’ Because what we wanted in the the confidence that the country will cal parties, they talk about families commission, since gambling is spread- have in his ability for objectivity and and family values. Would it be a family ing rampantly through the country, is fairness. value for the President to appoint an objective group of men and women Likewise, the National Gambling Im- three gambling-connected people to the who would study the issue of gambling pact Study Commission will not be Gambling Commission? Of course it and to see: has there been a problem on able to do its job if the panel is stacked would not be a family value for this ad- corruption, has there been a problem with individuals linked to the industry. ministration to do that. on crime, has there been a problem on And it should be above politics. The article goes on to say, addiction, whereby localities and State I urge the President, in the words of Perhaps one-third of Americans never gam- legislators and Governors could come a February 5 Dallas Morning News edi- ble, reckons Mr. Grinols. Many people who to an objective place to see. And now torial, it says not to ‘‘give henhouse do are cautious, but a small percentage, per- we see that maybe the White House is guard duty to the foxes.’’ It says, do haps 2 to 4 percent of the American adult talking of putting gambling interests not ‘‘give henhouse guard duty to the population, are problem or pathological on as their appointments. foxes.’’ gamblers. These account for a disproportion- I am not suggesting, and let me say All the States that are holding ref- ately large share of the activity’s costs. One for the record, that the President erendums on this issue are all turning study in Minnesota found that 10 percent of should appoint antigambling people to gambling down but one this last time, bettors, 10 percent of bettors accounted for 80 percent of all the money wagered. the commission. He ought not appoint and they passed it 51 to 49. The Presi- antigambling people, but the test dent’s own home State of Arkansas has The article goes on to say, should be whether the appointees are turned gambling down, and now we Their numbers may be small, but their im- objective, whether they are connected hear that the White House is thinking pact is not. Problem gamblers have a high to the industry in some way or any of appointing gambling-interest people propensity to commit crimes, in particular, forgery, theft, embezzlement and fraud. way, or are proponents of gambling. to this commission. These crimes affect both immediate family The American people are watching; the I also would like to insert in the and colleagues at work. The American Insur- editorial writers and the newspapers of RECORD the Washington Post editorial ance Institute estimates that 40 percent of this country are watching in hopes where it says, white collar crime, 40 percent of white collar that the President will do the right The big money gamblers are betting a bun- crime has its roots in gambling. Gamblers thing. dle on President Clinton to do their bidding often descend in a spiral of increasingly des- In an October 31, 1995 letter to Sen- today. Maybe Mr. Clinton will have some perate measures to finance their habit in the ator Paul Simon the President wrote second thoughts, and well he should, about hope of recouping their losses. Further, even before they turn to crime, problem gamblers the following: stacking a Federal commission established to examine the impact of gambling activities are unproductive employees, frequently ab- I deeply appreciate your efforts to draw at- on the country. But that is not a very safe sent or late, and usually distracted. A 1990 tention to the growth of the gambling indus- bet, given the background situation. study in Maryland estimated that the try and its consequences. Too often, public Start with the guess-who’s-coming-to-cof- State’s 50,000 problem gamblers accounted officials view gambling as a quick and easy fee list at the White House. Last March, for for $1.5 billion in lost productivity, unpaid way to raise revenues without focusing on example, one White House coffee guest was State taxes, money embezzled and other gambling’s hidden social, economic and po- the chairwoman of the Oneida Nation, an In- losses. litical costs. I have long shared your view dian tribe with gambling interests. On the It ends by saying, and I will insert about the need to consider carefully all of same day, according to the Wall Street Jour- the whole article in the RECORD, the effects of gambling, and I support the es- nal, the Oneida Nation donated $30,000 to the All this is potent evidence that casinos are tablishment of the Commission for this pur- Democratic National Committee. Coffee a bad bet. But even if the effects of problem pose. guest lists show at least 10 representatives of gambling are discounted, the fact remains I had an opportunity a year ago to be Indian gambling interests since mid 1995. that casinos are not a development tool ei- at the White House, where the Presi- Then it goes on to quote Mr. LA- ther. The risk, which everyone was aware of dent came and said to me he supported FALCE, a supporter of our bill, to set up at the outset, is not paying off. Without re- completely what we were trying to do the national commission, and he wrote sorting to moralizing and even without men- on the National Gambling Commission. to the President last fall urging him to tioning organized crime, those who would If the President was saying what he be- name individuals without vested inter- clamp down on gambling can now make a lieves to me and to Senator Simon, ests in the outcome of the commission. formidable economic case. why are they now talking appointing In the followup letter last Thursday, In closing, Mr. Speaker, I periodi- people connected to the gambling in- Mr. LAFALCE expressed his concern cally will get calls from loved ones in a terest to be on the commission? Is this about the reported White House list family who call and say, my husband White House out of control? Does the urging the President to place the com- committed suicide or my wife got ad- President not know what his staff is mission above politics. dicted and committed suicide, and we doing? Is the President aware that his This is the end of the Washington will also hear from other families. And staff is making these recommenda- Post editorial: has the President had the opportunity tions? Are these on his desk? Will he Given the squalid state of money-ordered to sit down and talk to some of the speak out? Will he be involved? politics pervading Washington, that would be families who have lost loved ones be- Mr. Speaker, I take the President at refreshing news. cause of this addiction? his word that he supports the need to Also, Mr. Speaker, in closing, I would b consider carefully all of the effects of like to insert the article from the Jan- 1500 gambling. This can only be done, Mr. uary 25 Economist magazine where it He sits down with the Oneida Indian President, by an objective group of in- talks about the reality of dawning in tribe, he sits down with the gamblers dividuals willing to make a thorough this Nation with regard to what is tak- from all around the United States, he and considered review of gambling. The ing place on the gambling interest. It takes their political money, but he will Congress and the President may join says, not sit down with a mom who calls February 10, 1997 CONGRESSIONAL RECORD — HOUSE H403 about her son, or the wife who calls today. But if a second look is in progress, quired casino operators. Las Vegas and At- about her husband, and all of those who that could be good news. lantic City are expanding faster than ever have been impacted. One of Speaker Gingrich’s choices is the before. To all appearances, casino gambling So I call on the President, I call on chairman and CEO of a Las Vegas casino is a rich, successful and untroubled business. company. House Minority Leader Gephardt, It may seem strange, then, to argue that the President today to make a commit- who gets one selection—and whose political America’s love affair with casinos is essen- ment to the American people not to ap- committees received at least $46,500 from tially over. Strange, too, to assert that the point anti-gamblers; and let there be gambling interests along with another $4,500 gambling industry is largely responsible for no misunderstanding, I personally am from the three women listed as homemakers ensuring its own eventual decline. But there not for gambling, but I am not asking from Las Vegas—reportedly favors the head is growing evidence for both arguments. And that anti-gamblers be on the commis- of a union representing casino employees. the irony is that the roots of gambling’s fail- sion. But I certainly am saying that In a letter to House and Senate colleagues, ure lie not only where one might expect—in Rep. Frank Wolf of Virginia, a sponsor of the pro-gamblers and those connected with moral objections—but in the consequences, commission bill, calling the gambling lead- expected and unexpected, of the economic the gambling interests in any way ers’ effort to seek ‘‘a return on their invest- success which helped the casinos’ emergence ought not be on the commission. ment’’ a ‘‘disgrace.’’ Another supporter of into respectability. When I think of all the good, honest, the bill, Rep. John J. LaFalce of New York, Plenty of people are still willing to roll and decent people in this country, Re- wrote to President Clinton last fall urging dice, draw cards and, most of all, play slot publican and Democrat, liberal and him to name ‘‘individuals without vested in- machines. But there has been a change of conservative, who would be outstand- terests in the outcome of the commission’s heart among the legislators whose tolerance ing appointments to this commission, I study.’’ In a follow-up letter last Thursday, of casino gambling gave it legal sanction. Mr. LaFalce expressed his concern about the Since mid-1994, anti-gambling groups, led by call on the President to find three peo- reported White House list, urging the presi- the National Coalition Against Legalised ple like that, who have no connection, dent to place the commission ‘‘above poli- Gambling, have helped to defeat more than to demonstrate that the political con- tics.’’ Given the squalid state of money-or- 30 state legislative or ballot proposals to tributions in this fall’s campaign have dered politics pervading Washington, that legalise or expand gambling businesses. De- had no bearing on it. would be refreshing news. spite spending a fraction of their opponents’ Because I will tell the Members, we budgets on lobbying politicians and voters, will scrutinize who is appointed to this THE WHITE HOUSE, the lobby against gambling has proved re- commission. We will dig and we will Washington, DC, October 31, 1995. markably effective. Hon. PAUL SIMON, The gambling industry is hitting back. In follow it out. We will find out, whether U.S. Senate, June 1995 it organised itself into the Amer- it be through subpoena power or what- Washington, DC. ican Gaming Association; it spends serious ever, if there has been any connection. DEAR SENATOR SIMON: I deeply appreciate money trying to limit further damage to its If there is any connection, we will de- your efforts to draw attention to the growth fortunes. But it is likely to be a bruising and mand that this Congress act, and we of the gambling industry and its con- losing battle. will demand that this administration sequences. Too often, public officials view In August 1996 President Clinton signed a act. gambling as a quick and easy way to raise law establishing a national commission Mr. Speaker, I include for the revenues, without focusing on gambling’s whose nine members will, for the next two hidden social, economic, and political costs. years, study the impact of gambling on RECORD the following documents. I have long shared your view about the need American society. That is quite a change for The material referred to is as follows: to consider carefully all of the effects of an administration which had previously [From the Washington Post, Feb. 10, 1997] gambling, and I support the establishment of seemed to look on gambling simply as a GAMBLING PAYOFF? a commission for this purpose. source of revenue. In 1994, Mr. Clinton float- My Administration is eager to work with The big-money gamblers are betting a bun- ed the idea of a 4% federal tax on gambling you in designing such a commission and en- dle on President Clinton to do their bidding revenues to create a fund for welfare reform. suring that its work is completed in a timely today. Maybe Mr. Clinton will have some No fewer than 31 state governors replied that and effective manner. Your and Senator second thoughts—as well he should—about the tax, by lowering their own tax-take, Lugar’s bill, S. 704, and Congressman Wolf’s stacking a federal commission established to would do great damage to their already bill, H.R. 497, provide a very sound basis for examine the impact of gambling activities stretched state budgets. The proposal was this process, which I hope will include fur- on this country. But that’s not a very safe shelved. Now Mr. Clinton, turning the other ther discussion of the exact composition of bet given the background situation. way, has set up his commission, and most the commission and the exact scope of its Start with the guess-who’s-coming-to-cof- people reckon its questions will make the ca- duties and powers. fee list at the White House. Last March, for sino firms squirm. Again, I applaud your efforts to place this example, one White House coffee guest was THE FALSE EXAMPLE important matter on the nation’s agenda. the chairwoman of the Oneida Nation, an In- To understand the reason for casino Sincerely, dian tribe with gambling interests. On that gambling’s coming failure, start with the BILL CLINTON. same day, according to the Wall Street Jour- reason for its success. In the 1940s, when nal, the Oneida Nation donated $30,000 to the [From the Economist, Jan. 25, 1997] Bugsy Siegel turned to Las Vegas as the Democratic National Committee. Coffee place to set up a gambling empire, he made guest lists show at least 10 representatives of A BUSTED FLUSH a shrewd guess; if you build a casino in the Indian gambling interests since mid-1995. HOW AMERICA’S LOVE AFFAIR WITH CASINO desert, people will flock to it. After a shaky Last week, the president’s short list of GAMBLING TURNED TO DISILLUSIONMENT start, the experiment proved a success. That choices for three seats on the gambling com- In 1995, 177m Americans went to watch the was in part because Las Vegas at the time mission included attorney Tad Johnson, re- baseball, football, hockey and basketball had a country-wide casino monopoly (the portedly a registered member of an Indian matches, not to mention golf tournaments next casinos, in Atlantic City, New Jersey, tribe that has a casino in Minnesota. But ac- and car races, that make up what most peo- were not approved until 1976). cording to Saturday’s Las Vegas Review ple think of as away-from-home entertain- The frenzied expansion of Las Vegas in the Journal, after some critical publicity on the ment. Yet almost as many Americans, 154m late 1980s and early 1990s caught the politi- commission appointments, this nomination of them, walked through the doors of the cians’ eyes. So too did the economic impact may be pulled. country’s casinos. Americans in 1995 wagered of casinos on equally isolated Indian reserva- Other names that have been topping the an eye-popping $550 billion on all forms of tions. As sovereign nations, tribes were for a Clinton list are former New Jersey state gambling, handing the gambling industry a long time allowed to run gambling oper- treasure Richard Leone, who is close to New record $44.4 billion in profits, 11% more than ations when these were forbidden elsewhere. Jersey Rep. Robert G. Torricelli, a strong the previous year. Around 40% of that activ- In the early 1990s, the economy of many supporter of the Atlantic City gambling in- ity took place in casinos. On the face of it, parts of the country was stagnating, and dustry; and Bill Bible, chairman of the Ne- casino gambling has become the most popu- state politicians were under pressure either vada Gambling Control Board. According to lar leisure activity—well, maybe the second to cut services or to raise taxes. Many sud- the Las Vegas Sun, Sen. Harry Reid of Ne- most popular—in America. denly had the same idea. Why not legalise vada was assured by a top White House aide It is at least as popular with Wall Street casinos, thereby creating employment as last October that Mr. Bible’s selection was a and American business. In the past year or well as a firm base for future taxes on the ‘‘done deal.’’ so, Goldman Sachs and Morgan Stanley, two profits of the chosen local monopolist? The deals for these three commission seats blue-chip investment banks, have set up re- Gambling firms were quick to share the and six others chosen by Senate and House search and banking teams to serve the ‘‘gam- idea, promising lavish improvements in the leaders were all supposed to be done by Oct. ing and leisure’’ industries, as the gambling infrastructure of run-down urban centers. 2, before the elections. Word last week was organisations like to be called. Respectable Would-be operators of new casinos talked that Mr. Clinton would announce his choices firms such as Hilton Hotels and ITT have ac- smoothly of repaved streets, splendid shops H404 CONGRESSIONAL RECORD — HOUSE February 10, 1997 and thriving ‘‘eateries’’. And the politicians, shire College in Massachusetts who writes on ticular, largely because they contain slot for their part, found a further way to draw the economics of the gambling industry, ar- machines, which are highly addictive. attention to the supposed advantages of gues compellingly that Las Vegas was a mis- Perhaps one-third of adult Americans legalised gambling. They could earmark leading model for the rest of America. To ex- never gamble, reckons Mr. Grinols. Many gambling-tax revenues for some of the things perience the seedy glamour of that city in people who do are cautious. But a small per- voters wanted: for example, by 1991 13 states, the desert, most visitors have to come from centage, perhaps 2% or 4% of America’s including New York and California, had allo- a long distance away. A trip to gamble there- adult population, are ‘‘problem’’ or ‘‘patho- cated some or all of their lottery receipts to fore becomes a full-scale holiday, complete logical’’ gamblers, and these account for a education. with a stay in a hotel, visits to local res- disproportionately large share of the activi- Look at Connecticut. Few states have had taurants and no doubt a little shopping ty’s costs. One study in Minnesota found more bruising battles over whether to extend thrown in. In Las Vegas, casinos genuinely that 10% of bettors accounted for 80% of all casino gambling. But since 1992 Connecticut support the service economy. money wagered. has been home to America’s most successful Contrast this with, say, Atlantic City in Their numbers may be small; but their im- casino, Foxwoods, which sits on land belong- New Jersey. The place is a bus ride away pact is not. Problem gamblers have a high ing to the Mashantucket Pequot tribe of In- from New York city, and perhaps 30m people propensity to commit crimes, in particular dians. Thanks in part to the fact that 22m live close enough to visit its casinos for a forgery, theft, embezzlement and fraud. people live within 150 miles of Foxwoods, the day at a time. Many even cut their own These crimes affect both immediate family casino gets around 45,000 visitors a day and sandwiches at home; they are the ‘‘brown- and colleagues at work. The American Insur- makes an estimated daily profit of $1m. bag gamblewr’’. As is all too evident in the ance Institute estimates that 40% of white- Not surprisingly, other gambling interests seedy downtown area with its paucity of res- collar crime has its roots in gambling. Gam- have sought a share of the Connecticut pie. taurants, Atlantic City collects relatively blers often descend in a spiral of increasingly In the early 1990s, Steve Wynn, chief execu- few non-gambling dollars. desperate measure to finance their habit in tive of the Mirage Corporation, a big casino The contrast is greater still in places such the hope of recouping their losses. Further, operator, tried to win casino licenses in Con- as Joliet, Illinois, or Gary, Indiana. There is even before they turn to crime, problem necticut’s state capital, Harford—which has little in such cities to attract visitors from gamblers are unproductive employees, fre- suffered from the decline of the big insur- any distance away. It is the locals upon quently absent or late and usually dis- ance firms that once dominated its econ- whom the casinos have to rely. Earl Grinols, tracted. A 1990 study in Maryland estimated omy—as well as the decrepit town of Bridge- an economic professor at the University of that the state’s 50,000 problem gamblers ac- port. Despite generous spending, and his Illinois, points out what this means. Because counted for $1.5 billion in lost productivity, gleaming vision of what gambling would do local people are spending money on gambling unpaid state taxes, money embezzled and for the economy, both of Mr. Wynn’s at- that they would otherwise have spent of, say, other losses. tempts failed. Yet casino operators are still buying clothes or going out for a meal, many All taxpayers contribute towards the cost seeking other places to expand. A lively de- non-casino firms suffer from reduced turn- of policing, judging and incarcerating crimi- bate is going on at present over proposals to over and profits. This not only limits the nals. Casino gambling increases those costs. legalize casinos in New York, specifically to number of people they employ; it also means Since the Foxwoods casino opened in 1992, draw ‘‘the gambling dollar’’ away from New that they pay proportionately less tax to one police chief in a small Massachusetts Jersey and Connecticut. local and state governments. town two hours’ drive away reckons that HOW THE REALITY DAWNED Similarly, many of the people employed by local crime related to the casino has cost a casino live outside the city where the ca- The trouble, as some New York legislators some $400,000. Multiply that figure by thou- sino is sited—and spend their money outside are pointing out, is that the supposed casino sands, and the national impact of casino it, too. Nearly 60% of the staff of Joiliet’s ca- miracle has two big problems in practice. gambling begins to emerge. sino live outside the city, and half of those First, with few exceptions, legalizing gam- Are casinos alone to blame? After all, gam- outside the country. This does not mean that bling has failed to stimulate the expected bling in America extends far beyond crap ta- nobody benefits. In Joliet, nine people paid economic miracle. According to Harrah’s Ca- bles and slot machines. State governments some $7m for the town’s casino franchise. sinos, which publishes an annual survey of themselves encourage gambling by spending Their investment paid for itself in six the industry, casinos employed 367,000 people millions to advertise lottery jackpots on tel- months, and each now collects a monthly in 1995, more than half of them in Nevada. evision. But not all forms of gambling are dividend of some $900,000. That was a 24% increase since the start of equal: in Minnesota, for instance, two-thirds At last, it has started to dawn on the rest 1994. But the jobs created by the arrival of of people seeking help for their gambling of the city’s people that the economic bene- casinos are too often menial—money- problems blamed casinos for their addiction. fit from a casino depends largely on where it counter, cleaners—and have all too often A mere 5% cited lotteries. is. Add the fact that, the more casinos there been cancelled out by the jobs that are lost The casino industry itself acknowledges its are, the smaller the share of America’s gam- as the newcomers drive older firms out of role in the problem. The American Gambling blers any one of them will be able to attract, business. Moreover, bare statistics that show Association helps to finance a national Cen- and it is plain how the dreams have been the growth of gambling jobs ignore the job tre for Problem Gambling. Several firms pro- punctured. Even the gambling industry, creation that would have happened in the ab- mote programmes designed to help gamblers which used to boast of the market’s almost sence of a casino. kick their addiction, and most casinos post infinite potential, has become more cir- Belatedly, the politicians who welcomed free telephone numbers where people can cumspect. Casino firms have begun to con- casino gambling for its economic spin-offs find help. Gambling interests have also sug- solidate as stronger competitors buy weaker have realised that it takes more than a few gested that tax revenues from casinos could ones. And industry analysts say that these superficial improvements to revitalise a be used to pay for treatment for recovering days the growth prospects of many ‘‘gam- struggling city centre. Moreover, as more gamblers. But even on conservative meas- ing’’ firms come more from non-gambling and more casinos have opened, so competi- ures (reached by assuming that the average sidelines (such as food, shops and shows fea- tion has diminished the amount of business casino visitor loses $200 annually), problem turing well-known crooners) than from gam- each one can expect. The once-sunny eco- gamblers would account for three-eights of bling itself. nomic projections have faded. In Deadwood, casinos’ revenues. How badly does the indus- South Dakota, for example, an initial flush THE PRICE OF GAMBLING try want to cure them? of profitability was destroyed by the speedy As casinos have failed in many cases to re- All this is potent evidence that casinos are arrival of dozens of competing casinos, so vive local economies, so something else has a bad bet. But even if the effects of problem that bust quickly followed boom. happened. The old moral doubts about gam- gambling are discounted, the fact remains Second, many places failed to understand bling, which were swept under the carpet that casinos are not a development tool, ei- that casinos, were more than other forms of when it seemed to offer a key to success, ther. The risk—which everyone was aware of gambling such as lotteries, cause what have resurfaced. In the process, whatever re- at the outset—is not paying off. Without re- economists call ‘‘negative externalities’’. spectability gambling had recently acquired sorting to moralising, and even without There is a price to pay in the rising cost of has been eroded. mentioning organised crime, those who such things as law enforcement, street clean- Gambling-related social costs are ex- would clamp down on gambling can now ing and (some argue) the extra social serv- tremely difficult to quantify. Nevada has the make a formidable economic case. ices needed when gambling leads to the highest suicide rate in America; it also has f break-up of families. When these additional among the highest number of accidents per costs are taken into account, it is far from mile driven, and deplorable crime and high- SPECIAL ORDERS GRANTED clear that gambling benefits anyone except school drop-out rates. New Mexico, however, By unanimous consent, permission to the casino operators. which is almost free of casinos, can rank address the House, following the legis- Both these problems were predictable. It alongside Nevada on all these counts. A was naive to extrapolate from the success of causal link between gambling and these indi- lative program and any special orders Las Vegas a guaranteed economic stimulus cators is hard to prove. But it is becoming heretofore entered, was granted to: for any city that opened its doors to a ca- easier to establish that damage is done by (The following Members (at the re- sino. Robert Goodman, a professor at Hamp- gambling in general and by casinos in par- quest of Mr. WOLF) to revise and extend February 10, 1997 CONGRESSIONAL RECORD — HOUSE H405 their remarks and include extraneous 1673. A letter from the Administrator, 1684. A letter from the Secretary of Edu- material:) Food and Consumer Service, transmitting cation, transmitting final regulations—The Mr. PAPPAS, for 5 minutes, on Feb- the Service’s ‘‘Major’’ final rule—Child and State Vocational Rehabilitation Services Adult Care Food Program Improved Program, pursuant to 20 U.S.C. 1232(f) GEPA ruary 12. Targeting of Day Care Home Reimburse- Sec. 437(f); to the Committee on Education Mr. SAXTON, for 5 minutes, today and ments; Correction and Extension of Com- and the Workforce. on February 12. ment Period (RIN: 0584–AC42) received Feb- 1685. A letter from the Assistant General f ruary 7, 1997, pursuant to 5 U.S.C. Counsel for Regulations, Department of Edu- 801(a)(1)(A); to the Committee on Agri- cation, transmitting the Department’s re- EXTENSION OF REMARKS culture. port on the Disability and Rehabilitation Re- By unanimous consent, permission to 1674. A letter from the Director, the Office search Projects and Centers Program, pursu- of Management and Budget, transmitting ant to 5 U.S.C. 801(a)(1)(B); to the Committee revise and extend remarks was granted the cumulative report on rescissions and de- on Education and the Workforce. to: ferrals of budget authority as of January 1, 1686. A letter from the Assistant General (The following Members (at the re- 1997, pursuant to 2 U.S.C. 685(e) (H. Doc. No. Counsel for Regulations, Department of Edu- quest of Mr. RANGEL) and to include ex- 105–42); to the Committee on Appropriations cation, transmitting the Department’s re- traneous material:) and ordered to be printed. port on the State Vocational Rehabilitation 1675. A letter from the Director, Defense Services Program, pursuant to 5 U.S.C. Mr. RANGEL. Procurement, Department of Defense, trans- 801(a)(1)(B); to the Committee on Education Mr. FRANK of Massachusetts. mitting the Department’s final rule—Defense and the Workforce. Mr. LANTOS. Federal Acquisition Regulation Supplement; 1687. A letter from the Acting Assistant Mr. CLAY. Application of Berry Amendment [DFARS Secretary of Labor for OSHA, Occupational Mr. TRAFICANT. Case 96–D333] received February 7, 1997, pur- Safety and Health Administration, transmit- Mr. POSHARD. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ting the Administration’s final rule—Report- (The following Members (at the re- tee on National Security. ing Occupational Injury and Illness Data to 1676. A letter from the Secretary of the OSHA [Docket No. R–02] (RIN: 1218–AB24) re- quest of Mr. WOLF) and to include ex- Treasury, transmitting a copy of the final ceived February 10, 1997, pursuant to 5 U.S.C. traneous material:) report as required by the Mexican Debt Dis- 801(a)(1)(A); to the Committee on Education Mr. THOMAS. closure Act of 1995, pursuant to Public Law and the Workforce. Mr. PETRI. 104–6, section 404(a) (109 Stat. 90); to the 1688. A communication from the President Mr. WELDON of Pennsylvania. Committee on Banking and Financial Serv- of the United States, transmitting a copy of Mr. GILMAN. ices. Presidential Determination No. 96–54: Ex- Mr. RILEY. 1677. A letter from the Assistant to the empting the United States Air Force’s oper- Board, Board of Governors of the Federal Re- ating location near Groom Lake, Nevada, Mr. BILBRAY. serve System, transmitting the Board’s final from any Federal, State, interstate, or local Mr. LATOURETTE. rule—Regulation H, Expanded Examination hazardous or solid waste laws that might re- (The following Members (at the re- Cycle for Certain Small Insured Institutions quire the disclosure of classified information quest of Mr. WOLF) and to include ex- [Docket No. R–0957] received February 7, concerning that operating location to unau- traneous material:) 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the thorized persons, pursuant to 42 U.S.C. 6961; Mr. GALLEGLY in two instances. Committee on Banking and Financial Serv- to the Committee on Commerce. 1689. A letter from the Director of the Of- Mr. WELDON of Florida. ices. 1678. A letter from the Acting General fice of Regulatory Management and Informa- f Counsel, Department of Housing and Urban tion, Environmental Protection Agency, Development, transmitting the Depart- transmitting the Agency’s final rule—Sub- ADJOURNMENT ment’s final rule—Public Housing Manage- stituted Cyclohexyldiamino Ethyl Esters; Mr. WOLF. Mr. Speaker, I move that ment Assessment Program [Docket No. FR– Revocation of a Significant New Use Rule the House do now adjourn. 3447–1–03] (RIN: 2577–AA89) received February [OPPTS–50598B; FRL–5580–5] received Feb- The motion was agreed to; accord- 3, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to ruary 4, 1997, pursuant to 5 U.S.C. ingly (at 3 o’clock and 1 minute p.m.), the Committee on Banking and Financial 801(a)(1)(A); to the Committee on Commerce. Services. 1690. A letter from the Director of the Of- under its previous order, the House ad- 1679. A letter from the Acting General fice of Regulatory Management and Informa- journed until tomorrow, Tuesday, Feb- Counsel, Department of Housing and Urban tion, Environmental Protection Agency, ruary 11, 1997, at 12:30 p.m. for morning Development, transmitting the Depart- transmitting the Agency’s final rule—Ap- hour debates. ment’s final rule—Fiscal Year 1997 Portfolio proval and Promulgation of Implementation f Reengineering Demonstration Program Plans; Illinois [IL154–1a; FRL–5685–7] re- Guidelines [Docket No. FR–4162–N–01] re- ceived February 4, 1997, pursuant to 5 U.S.C. EXECUTIVE COMMUNICATIONS, ceived February 3, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. ETC. 801(a)(1)(A); to the Committee on Banking 1691. A letter from the Director of the Of- and Financial Services. fice of Regulatory Management and Informa- Under clause 2 of rule XXIV, execu- 1680. A letter from the Director of the Of- tion, Environmental Protection Agency, tive communications were taken from fice of Regulations Management, Depart- transmitting the Agency’s final rule—Ap- the Speaker’s table and referred as fol- ment of Veterans Affairs, transmitting the proval and Promulgation of Implementation lows: Department’s final rule—Loan Guaranty: Plans; Illinois [IL153–1a; FRL–5685–1] re- Flood Insurance Requirements (RIN: 2900– ceived February 4, 1997, pursuant to 5 U.S.C. 1670. A letter from the Congressional Re- AH63) received February 4, 1997, pursuant to 801(a)(1)(A); to the Committee on Commerce. view Coordinator, Animal and Plant Health 5 U.S.C. 801(a)(1)(A); to the Committee on 1692. A letter from the Director of the Of- Inspection Service, transmitting the Serv- Banking and Financial Services. fice of Regulatory Management and Informa- ice’s final rule—Importation of Fresh Hass 1681. A letter from the President and tion, Environmental Protection Agency, Avocado Fruit Grown in Michoacan, Mexico Chairman, Export-Import Bank of the United transmitting the Agency’s final rule—Land [Docket No. 94–116–5] (RIN: 0579–AA84) re- States, transmitting a report involving Unit- Disposal Restrictions: Correction of Tables ceived February 6, 1997, pursuant to 5 U.S.C. ed States exports to Algeria, pursuant to 12 Treatment Standards for Hazardous Wastes 801(a)(1)(A); to the Committee on Agri- U.S.C. 635(b)(3)(i); to the Committee on and Universal Treatment Standards [FRL– culture. Banking and Financial Services. 5681–4] received February 4, 1997, pursuant to 1671. A letter from the Congressional Re- 1682. A letter from the Director of the Of- 5 U.S.C. 801(a)(1)(A); to the Committee on view Coordinator, Animal and Plant Health fice of Legislative Affairs, Federal Deposit Commerce. Inspection Service, transmitting the Serv- Insurance Corporation, transmitting the 1693. A letter from the Managing Director, ice’s final rule—Ports Designated for the Ex- Corporation’s final rule—Forms, Instruc- Federal Communications Commission, trans- portation of Animals; Georgia [Docket No. tions, and Reports (RIN: 3064–AB89) received mitting the Commission’s final rule— 96–054–2] received February 7, 1997, pursuant February 4, 1997, pursuant to 5 U.S.C. Amendment of Parts 74, 78, 101 of the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Banking mission’s Rules to Adopt More Flexible Agriculture. and Financial Services. Standards for Directional Microwave Anten- 1672. A letter from the Administrator, 1683. A letter from the Federal Register Li- nas [ET Docket No. 96–35] received February Farm Service Agency, transmitting the aison Officer, Office of Thrift Supervision, 4, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to Agency’s final rule—Tobacco-Tobacco Loan transmitting the Office’s final rule—Ex- the Committee on Commerce. Program, Importer Assessments (Commodity panded Examination Cycle for Certain Small 1694. A letter from the Managing Director, Credit Corporation) (RIN: 0560–AD93) re- Insured Institutions [Docket No. 96–114] Federal Communications Commission, trans- ceived February 6, 1997, pursuant to 5 U.S.C. (RIN: 1550–AB02] received February 7, 1997, mitting the Commission’s final rule—Imple- 801(a)(1)(A); to the Committee on Agri- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mentation of Section 402(b)(1)(A) of the Tele- culture. mittee on Banking and Financial Services. communications Act of 1996 [CC Docket No. H406 CONGRESSIONAL RECORD — HOUSE February 10, 1997 96–187] received February 6, 1997, pursuant to 1704. A letter from the Director, Defense 1715. A letter from the Administrator, Pan- 5 U.S.C. 801(a)(1)(A); to the Committee on Security Assistance Agency, transmitting a ama Canal Commission, transmitting a re- Commerce. report containing an analysis and descrip- port of activities under the Freedom of Infor- 1695. A letter from the Managing Director, tion of services performed by full-time U.S. mation Act for the calendar year 1996, pursu- Federal Communications Commission, trans- Government employees during fiscal year ant to 5 U.S.C. 552(d); to the Committee on mitting the Commission’s final rule— 1996 who are performing services for which Government Reform and Oversight. Amendment of Section 73.202(b), Table of Al- reimbursement is provided under section 1716. A letter from the Assistant Secretary lotments, FM Broadcast Stations (Belview, 21(a) or section 43(b), pursuant to 22 U.S.C. for Fish and Wildlife and Parks, Department Minnesota) [MM Docket No. 96–209 RM–8885] 2765(a)(6); to the Committee on International of the Interior, transmitting the Depart- received February 7, 1997, pursuant to 5 Relations. ment’s final rule—Badlands National Park, U.S.C. 801(a)(1)(A); to the Committee on 1705. A letter from the Assistant Secretary Commercial Vehicles (National Park Serv- Commerce. for Legislative Affairs, Department of State, ice) [36 CFR Part 7] (RIN: 1024–AC30) received 1696. A letter from the Managing Director, transmitting the Department’s report enti- February 7, 1997, pursuant to 5 U.S.C. Federal Communications Commission, trans- tled ‘‘Report on U.S. Government Assistance 801(a)(1)(A); to the Committee on Resources. mitting the Commission’s final rule—Imple- to and Cooperative Activities with the New 1717. A letter from the Acting Deputy As- mentation of Section 203 of the Tele- Independent States of the Former Soviet sistant Administrator, National Oceanic and communications Act of 1996 (Broadcast Li- Union,’’ pursuant to Public Law 102–511, sec- Atmospheric Administration, transmitting cense Terms) [MM Docket No. 96–90] received tion 104; to the Committee on International the Administration’s final rule—Florida February 7, 1997, pursuant to 5 U.S.C. Relations. Keys National Marine Sanctuary Final Reg- 801(a)(1)(A); to the Committee on Commerce. 1706. A letter from the Chairman Pro Tem- ulations [Docket No. 960712192–6192–01] (RIN: 1697. A letter from the Managing Director, pore, Council of the District of Columbia, 0648–AD85) received February 7, 1997, pursu- Federal Communications Commission, trans- transmitting a copy of D.C. Act 11–512, ‘‘Re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Commission’s final rule— corder of Deeds Recordation Surcharge on Resources. Amendment of Section 73.202(b), Table of Al- Amendment Act of 1996’’ received February 1718. A letter from the Deputy Assistant lotments, FM Broadcast Stations (Avra Val- 6, 1997, pursuant to D.C. Code, section 1– Administrator of the Office of Diversion Con- ley, Comobabi, Florence, Oracle, Oro Valley, 233(c)(1); to the Committee on Government trol, Department of Justice, transmitting and San Carlos, Arizona) [MM Docket No. 95– Reform and Oversight. the Department’s final rule—Comprehensive 127 RM–8676 RM–8726] received February 7, 1707. A letter from the Chairman Pro Tem- Methamphetamine Control Act of 1996; Pos- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the pore, Council of the District of Columbia, session of List I Chemicals, Definitions, Committee on Commerce. transmitting a copy of D.C. Act 11–525, ‘‘Al- Record Retention, and Temporary Exemp- 1698. A letter from the Secretary of the cohol Beverage Control Act Private Club Ex- tion from Chemical Registration for Dis- Commission, Federal Trade Commission, ception Amendment Act of 1996’’ received tributors of Combination Ephedrine Prod- transmitting the Commission’s final rule— February 6, 1997, pursuant to D.C. Code, sec- ucts (Drug Enforcement Administration) Disclosures Regarding Energy Consumption tion 1–233(c)(1); to the Committee on Govern- [DEA Number 154I] (RIN: 1117–AA42) received and Water Use of Certain Home Appliances ment Reform and Oversight. and Other Products Required Under the En- 1708. A letter from the Chairman Pro Tem- February 6, 1997, pursuant to 5 U.S.C. ergy Policy and Conservation Act (‘‘Appli- pore, Council of the District of Columbia, 801(a)(1)(A); to the Committee on the Judici- ance Labeling Rule’’) [16 CFR Part 305] re- transmitting a copy of D.C. Act 11–526, ‘‘Pro- ary. 1719. A letter from the Chief Executive Of- ceived February 6, 1997, pursuant to 5 U.S.C. curement Reform Amendment Act of 1996’’ ficer, Little League Baseball Incorporated, 801(a)(1)(A); to the Committee on Commerce. received February 6, 1997, pursuant to D.C. transmitting the Organization’s annual re- 1699. A letter from the Director, Regula- Code, section 1–233(c)(1); to the Committee tions Policy Management Staff, Office of on Government Reform and Oversight. port for the fiscal year ending September 30, Policy, Food and Drug Administration, 1709. A letter from the Senior Vice Presi- 1996, pursuant to 36 U.S.C. 1084(b); to the transmitting the Administration’s final dent and CFO, Potomac Electric Power Co., Committee on the Judiciary. rule—Food Labeling: Health Claims; Oats transmitting a copy of the balance sheet of 1720. A letter from the Chief Financial Offi- and Coronary Heart Disease [Docket No. Potomac Electric Power Co. as of December cer, Paralyzed Veterans of America, trans- 95P–0197] (RIN: 0910–AA19) received February 31, 1996, pursuant to D.C. Code, section 43– mitting a copy of the annual audit report of 6, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to 513; to the Committee on Government Re- the Paralyzed Veterans of America for the the Committee on Commerce. form and Oversight. fiscal year ended September 30, 1996, pursu- 1700. A letter from the Director, Regula- 1710. A letter from the Administrator and ant to 36 U.S.C. 1166; to the Committee on tions Policy Management Staff, Office of Chief Executive Officer, Bonneville Power the Judiciary. Policy, Food and Drug Administration, Administration, transmitting the annual 1721. A letter from the Assistant Secretary transmitting the Administration’s final management report and the 1996 annual re- of Commerce and Commissioner of Patents rule—Investigational Device Exemptions; port, pursuant to 31 U.S.C. 9106; to the Com- and Trademarks, Patent and Trademark Of- Intraocular Lenses [Docket No. 9IN–0292] re- mittee on Government Reform and Over- fice, transmitting the Office’s final rule—In- ceived February 7, 1997, pursuant to 5 U.S.C. sight. terim Guidelines for the Examination of 801(a)(1)(A); to the Committee on Commerce. 1711. A letter from the Chairman, Board of Claims Directed to Species of Chemical Com- 1701. A letter from the Director of the Of- Directors, Corporation for Public Broadcast- positions Based Upon a Single Prior Act Ref- fice of Congressional Affairs, Nuclear Regu- ing, transmitting the semiannual report on erence [Docket No. 970129014–7014–01] (RIN: latory Commission, transmitting the Com- the activities of the Office of Inspector Gen- 0651–xx09) received February 7, 1997, pursuant mission’s final rule—Fissile Material Ship- eral for the period April 1, 1996, through Sep- to 5 U.S.C. 801(a)(1)(A); to the Committee on ments and Exemptions [10 CFR Part 71] tember 30, 1996; and the semiannual manage- the Judiciary. (RIN: 3150–AF58) received February 6, 1997, ment report for the same period, pursuant to 1722. A letter from the General Counsel, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to Department of Transportation, transmitting mittee on Commerce. the Committee on Government Reform and the Department’s final rule—National 1702. A letter from the Secretary, Securi- Oversight. Freight Transportation Policy [Docket No. ties and Exchange Commission, transmitting 1712. A letter from the Chair, Foreign OST–96–1188] (RIN: 2105–ZZ00) received Feb- the Commission’s ‘‘Major’’ final rule—Dis- Claims Settlement Commission, Department ruary 6, 1997, pursuant to 5 U.S.C. closure of Accounting Policies for Derivative of Justice, transmitting a copy of the annual 801(a)(1)(A); to the Committee on Transpor- Financial Instruments and Derivative Com- report in compliance with the Government tation and Infrastructure. modity Instruments and Disclosure of Quan- in the Sunshine Act during the calendar year 1723. A letter from the General Counsel, titative and Qualitative Information About 1996, pursuant to 5 U.S.C. 552b(j); to the Com- Department of Transportation, transmitting Market Risk Inherent in Derivative Finan- mittee on Government Reform and Over- the Department’s final rule—Seaway Regula- cial Instruments, Other Financial Instru- sight. tions and Rules: Great Lakes Pilotage Rates ments, and Derivative Commodity Instru- 1713. A letter from the Executive Director, (Saint Lawrence Seaway Development Cor- ments [Release Nos. 33–7386; 34–38223; IC– District of Columbia Financial Responsibil- poration) (RIN: 2135–AA08) received February 22487; FR–48] (RIN: 3235–AG42, 3235–AG77) re- ity and Management Assistance Authority, 6, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to ceived February 4, 1997, pursuant to 5 U.S.C. transmitting the Authority’s report entitled the Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Commerce. ‘‘District of Columbia’s Procurement Sys- structure. 1703. A communication from the President tem’’; to the Committee on Government Re- 1724. A letter from the Administrator, En- of the United States, transmitting notifica- form and Oversight. vironmental Protection Agency, transmit- tion that the Federal Government frequency 1714. A letter from the Executive Director, ting the Agency’s first report on the drink- assignments in the 4635–4660 MHz frequency District of Columbia Financial Responsibil- ing water infrastructure needs survey, pursu- band have been withdrawn by NTIA in com- ity and Management Assistance Authority, ant to Public Law 104–182; to the Committee pliance with section 114 of the Act, pursuant transmitting the Authority’s report entitled on Transportation and Infrastructure. to title VI of the Omnibus Budget Reconcili- ‘‘D.C. Unfunded Pension Liability; Major 1725. A letter from the Chairman, Surface ation Act of 1993 (H. Doc. No. 105–43); to the Findings and Recommendations’’; to the Transportation Board, transmitting the Committee on Commerce and ordered to be Committee on Government Reform and Board’s final rule—Household Goods Tariffs printed. Oversight. [STB Ex Parte No. 555] received February 7, February 10, 1997 CONGRESSIONAL RECORD — HOUSE H407 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. BACHUS (for himself, Mr. ed States; to the Committee on the Judici- Committee on Transportation and Infra- YOUNG, of Alaska, Mr. CRAMER, Mr. ary. structure. RILEY, Mr. ADERHOLT, Mr. MICA, Mr. By Mr. GEPHARDT (for himself, Mr. 1726. A letter from the Director of the Of- OXLEY, Mr. MCCOLLUM, and Mr. FRANK of Massachusetts, Ms. fice of Regulations Management, Depart- LATOURETTE): DELAURO, Mr. MORAN of Virginia, Mr. ment of Veterans Affairs, transmitting the H.R. 656. A bill to amend the Internal Rev- CAPPS, and Mr. GORDON): Department’s final rule—Dependency and In- enue Code of 1986 to provide that distribu- H.J. Res. 47. Joint resolution proposing an come [38 CFR Part 3] (RIN: 2900–AI47) re- tions from qualified State tuition programs amendment to the Constitution of the Unit- ceived February 5, 1997, pursuant to 5 U.S.C. which are used to pay educational expenses ed States to limit campaign spending; to the 801(a)(1)(A); to the Committee on Veterans’ shall not be includible in gross income and Committee on the Judiciary. Affairs. to include as such expenses the cost of room By Mr. GALLEGLY (for himself, Mr. 1727. A letter from the Director of the Of- and board; to the Committee on Ways and GILMAN, Mr. HAMILTON, Mr. ACKER- fice of Regulations Management, Depart- Means. MAN, Mr. BALLENGER, and Mr. HOUGH- ment of Veterans Affairs, transmitting the By Mr. BALDACCI: TON): Department’s final rule—Spouse and Surviv- H.R. 657. A bill to establish a National Cen- H. Con. Res. 17. Concurrent resolution con- ing Spouse [38 CFR Part 3] (RIN: 2900–AI36) ter for Rural Law Enforcement, and for gratulating the people of Guatemala on the received February 4, 1997, pursuant to 5 other purposes; to the Committee on the Ju- success of the recent negotiations to estab- U.S.C. 801(a)(1)(A); to the Committee on Vet- diciary. lish a process for Guatemala; to the Commit- erans’ Affairs. H.R. 658. A bill to provide for the convey- tee on International Relations. 1728. A letter from the Chief, Regulations ance to the city of Bangor, ME, of unused By Mr. UNDERWOOD: Unit, Internal Revenue Service, transmitting military family housing located in the city; H. Res. 44. Resolution designating minor- the Service’s final rule—Deposits of Excise to the Committee on National Security. ity membership on certain standing commit- Taxes [Notice 97–151] received February 7, By Mr. BURR of North Carolina (for tees of the House; considered and agreed to. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the himself, Mr. SPRATT, Mr. MCINTOSH, By Mr. HALL of Ohio (for himself, Mr. Committee on Ways and Means. Mr. BACHUS, Mrs. KELLY, Mr. WELDON WOLF, Mr. FRANK of Massachusetts, 1729. A letter from the Director, Congres- of Pennsylvania, Mr. FROST, Mr. CAL- Mr. SMITH of New Jersey, Mr. KEN- sional Budget Office, transmitting the CBO’s VERT, Mr. SESSIONS, Mr. MCKEON, Mr. NEDY of Rhode Island, Mrs. MORELLA, sequestration preview report for fiscal year COLLINS, Mr. DOYLE, Mr. BORSKI, Mr. Mrs. LOWEY, Mr. LANTOS, and Mr. 1998, pursuant to Public Law 101–508, section BARTLETT of Maryland, Mr. OXLEY, PORTER): 13101(a) (104 Stat. 1388–587); jointly, to the Mr. WICKER, Mr. DAN SCHAEFER of H. Res. 45. Resolution to honor 1996 Nobel Committees on Appropriations and the Budg- Colorado, Mr. GRAHAM, Mr. BARR of Peace Prize recipients Bishop Carlos Felipe et. Georgia, Mr. EWING, Mr. COBURN and Ximenes Belo and Jose Ramos-Horta, and to 1730. A letter from the Secretary of Health Mr. BARTON of Texas): express support for the process of building a and Human Services, transmitting notifica- H.R. 659. A bill to amend the Clean Air Act just and lasting peace in East Timor; to the tion that the Department of Health and and the Superfund Amendments and Reau- Committee on International Relations. Human Services is allotting emergency thorization Act of 1986 to clarify the listing f funds made available under section 2606(e) of of a unique chemical substance; to the Com- the Low-Income Home Energy Assistance mittee on Commerce, and in addition to the MEMORIALS Act of 1981 to all States, tribes, and terri- Committee on Transportation and Infra- Under clause 4 of rule XXII, memori- tories, pursuant to section 2604(g) of the structure, for a period to be subsequently de- als were presented and referred as fol- Low-Income Home Energy Assistance Act of termined by the Speaker, in each case for lows: 1981; jointly, to the Committees on Com- consideration of such provisions as fall with- 16. By the SPEAKER: Memorial of the merce and Education and the Workforce. in the jurisdiction of the committee con- House of Representatives of the State of 1731. A letter from the Director, Defense cerned. Iowa, relative to House Concurrent Resolu- Security Assistance Agency, transmitting a By Mr. CANADY of Florida: tion 4: requesting the Congress of the United report on deliveries under section 540 of Pub- H.R. 660. A bill to amend title 28, United States to submit to the States for ratifica- lic Law 104–107 to the Government of Bosnia States Code, to allow an interlocutory ap- tion a balanced budget amendment to the and Herzegovina, pursuant to Public Law peal from a court order determining whether U.S. Constitution; to the Committee on the 104–107, section 540(c) (110 Stat. 736); jointly, an action may be maintained as a class ac- tion; to the Committee on the Judiciary. Judiciary. to the Committees on International Rela- 17. Also, memorial of the Senate of the tions and Appropriations. By Mr. GALLEGLY: H.R. 661. A bill to make a technical correc- State of New Jersey, relative to Senate Res- f tion to section 214(h) of the Housing and olution No. 72: urging the President and the DISCHARGE OF COMMITTEE Community Development Act of 1980; to the Congress of the United States to reauthorize Committee on Banking and Financial Serv- the Federal Intermodal Surface Transpor- Pursuant to section 518A(e)(5)(A) of ices. tation Efficiency Act of 1991, and to insure the Foreign Operations, Export Financ- By Mrs. MEEK of Florida: that the respective Federal funding amounts ing, and Related Programs Appropria- H.R. 662. A bill to amend the Immigration for highway and mass transportation are not tions Act, 1997, as contained in section and Nationality Act relating to fulfillment reduced below current levels; to the Commit- 101(c) of the Omnibus Consolidated Ap- by elderly persons of the requirements for tee on Transportation and Infrastructure. propriations Act, 1997: naturalization; to the Committee on the Ju- f diciary. H.J. Res. 36. Approving the Presidential H.R. 663. A bill to amend the Personal Re- ADDITIONAL SPONSORS finding that the limitation on obligations sponsibility and Work Opportunity Rec- Under clause 4 of rule XXII, sponsors imposed by section 518A(a) of the Foreign onciliation Act of 1996 to provide for an ex- Operations, Export Financing, and Related ception to limited eligibility for the supple- were added to public bills and resolu- Programs Appropriations Act, 1997, is having mental security income program for perma- tions as follows: a negative impact on the proper functioning nent resident aliens; to the Committee on H.R. 1: Mr. KLUG, Mr. KOLBE, Mr. FOLEY, of the population planning program. Ways and Means. Mr. EHRLICH, Mr. DOOLITTLE, Mr. DUNCAN, Committee on Appropriations discharged By Mr. SHAYS (for himself, Mrs. KEN- Mr. COBLE, Mr. HANSEN, Mrs. CHENOWETH, from further consideration. Referred to the NELLY of Connecticut, Mrs. JOHNSON Mr. TAYLOR of North Carolina, Mr. Committee of the Whole House on the State of Connecticut, Ms. DELAURO, and NETHERCUTT, Mr. DICKEY, Mr. DELAY, Mr. of the Union. Mr. MALONEY of Connecticut): WELDON of Florida, Mr. CHRISTENSEN, Mr. f H.R. 664. A bill to amend title 49, United BOB SCHAFFER, Mr. ROHRABACHER, Mr. States Code, relating to the installation of HILLEARY, Mr. SAM JOHNSON, Mr. LATHAM, PUBLIC BILLS AND RESOLUTIONS emergency locator transmitters on aircraft; Mr. BARR of Georgia, Mr. SMITH of Michigan, Under clause 5 of rule X and clause 4 to the Committee on Transportation and In- Mr. DREIER, Mr. DEAL of Georgia, Mr. of rule XXII, public bills and resolu- frastructure. SCARBOROUGH, and Mr. SNOWBARGER. tions were introduced and severally re- By Mr. SOLOMON: H.R. 40: Mr. FORD, Ms. JACKSON-LEE, and H.R. 665. A bill to provide for the award of Ms. NORTON. ferred as follows: the Armed Forces Expeditionary Medal to H.R. 55: Mr. KING of New York, Mr. EVANS, By Mr. DAN SCHAEFER of Colorado: members of the Armed Forces who partici- and Mr. WALSH. H.R. 655. A bill to give all American elec- pate in Operation Joint Endeavor or Oper- H.R. 58: Ms. STABENOW, Mr. COBURN, Mr. tricity consumers the right to choose among ation Joint Guard in the Republic of Bosnia YOUNG of Alaska, Mr. LAMPSON, Mr. competitive providers of electricity, in order and Herzegovina; to the Committee on Na- PORTMAN, Mr. HULSHOF, Mr. BAESLER, Mr. to secure lower electricity rates, higher tional Security. BERMAN, Mr. NEAL of Massachusetts, Mr. quality services, and a more robust U.S. By Ms. CHRISTIAN-GREEN: MURTHA, Mr. DIXON, Mr. RANGEL, Mr. HEF- economy, and for other purposes; to the H.J. Res. 46. Joint resolution proposing an NER, Mr. LANTOS, Mr. HINCHEY, and Mr. Committee on Commerce. amendment to the Constitution of the Unit- FROST. H408 CONGRESSIONAL RECORD — HOUSE February 10, 1997

H.R. 96: Mr. ENSIGN. H.R. 471: Mr. MCCOLLUM, Mr. H.R. 600: Mr. STARK, Mr. WEXLER, and Mr. H.R. 113: Mr. SENSENBRENNER, Mr. ROYCE, ROHRABACHER, Mr. BRYANT, Mr. HORN, Mr. WAXMAN. Mr. HASTERT, Mr. WELDON of Florida, Mr. CONDIT, Mr. TRAFICANT, Mr. ROYCE, Mr. DUN- H.R. 604: Mr. CANNON. CHRISTENSEN, and Mr. WATTS of Oklahoma. CAN, Mr. SOLOMON, Mr. GOODLATTE, Mr. SHU- H.R. 625: Mrs. MORELLA, Mr. LOBIONDO, Mr. H.R. 292: Mr. STEARNS and Mr. OXLEY. STER, Mr. PACKARD, Mr. PITTS, Mr. WELDON ENGLISH of Pennsylvania, Mr. EVANS, and H.R. 367: Mr. LEACH, Mr. FROST, Mr. CAMP- of Florida, and Mr. SENSENBRENNER. Mr. KENNEDY of Rhode Island. BELL, Mr. MCINTOSH, Mrs. KELLY, MR. H.R. 475: Mr. STEARNS and Mr. ENGLISH of H.R. 635: Mr. POSHARD, Mr. DEFAZIO, and MANZULLO, Mr. POSHARD, Ms. NORTON, Mr. Pennsylvania. Mr. EVANS. LIVINGSTON, Mr. BARTLETT of Maryland, Mr. H.R. 647: Mr. PORTER. STEARNS, and Mr. PACKARD. H.R. 498: Mr. DELLUMS, Mr. FATTAH, Ms. H.J. Res. 1: Ms. DUNN of Washington. H.R. 426: Mr. BATEMAN, Mr. PICKETT, Mr. NORTON, and Mr. PETRI. H.J. Res. 27: Mr. SMITH of Michigan. BONILLA, Mr. CASTLE, Mr. CANADY of Florida, H.R. 500: Mr. CUNNINGHAM, Mr. MEEHAN, H. Con. Res. 13: Mrs. LOWEY and Mr. FARR Mr. PRICE of North Carolina, and Mr. WOLF. Mr. PALLONE, Mr. HORN, and Mr. SHERMAN. of California. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, MONDAY, FEBRUARY 10, 1997 No. 16 Senate The Senate met at 12 noon, and was THE CHAPLAIN’S PRAYER always, we will try to keep all Sen- called to order by the President pro Mr. NICKLES. I wish to thank the ators advised on the schedule for the tempore [Mr. THURMOND]. Chaplain again for a beautiful prayer. remainder of the week, as well as any As always, he is very eloquent, very in- ordered rollcall votes. There is a vote PRAYER spirational, and I think it would cer- this evening at 5:30 in relation to the The Chaplain, Dr. Lloyd John tainly behoove all of us to pay tribute Durbin amendment. Ogilvie, offered the following prayer: and guidance to his lesson this morn- I thank my colleagues and I yield the Oh God of hope, who inspires in us ing. floor. authentic hope in You, we thank You f The PRESIDING OFFICER (Mr. for the incredible happiness we feel BURNS). The time now being controlled when we trust You completely. The ex- SCHEDULE is controlled by the Democratic leader pectation of Your timely interventions Mr. NICKLES. Mr. President, today or his designee. to help us gives us stability and seren- the Senate will be in a period of morn- Mr. CONRAD addressed the Chair. ity. It makes us bold and courageous, ing business until 1 o’clock this after- The PRESIDING OFFICER. The Sen- fearless and free. We agree with the noon. At 1 o’clock, the Senate will re- ator from North Dakota. psalmist, ‘‘Happy is he * * * whose sume consideration of Senate Joint Mr. CONRAD. I yield myself the time hope is in the Lord his God’’—Psalm Resolution 1, the constitutional of the Democratic leader. If the Chair 146:5. amendment requiring a balanced budg- will alert me at the end of 15 minutes, You have shown us that authentic et. By unanimous consent, Senator I will appreciate that. hope always is rooted in Your faithful- WELLSTONE will be recognized to offer The PRESIDING OFFICER. I will do ness in keeping Your promises. We hear an amendment or two at 1 p.m. We so. hope to be able to complete all debate Your assurance, ‘‘Be not afraid, I am f with you.’’ We place our hope in Your on Senator WELLSTONE’s amendments today. However, any votes ordered on problem-solving power, Your conflict- THE PRESIDENT’S BUDGET PLAN resolving presence, and Your anxiety- those amendments will occur during dissolving peace. Tuesday’s session. Mr. CONRAD. Mr. President, the Father, the Senators and all who Beginning at 3:30 today, the Senate President of the United States has now work with them face a busy week filled will resume 2 hours of debate on Sen- submitted his budget, a plan that ex- with challenges and opportunities. Im- ator DURBIN’s amendment regarding tends for 5 years, a plan that continues portant decisions must be made, an economic hardship. Under the order, a us on the path of deficit reduction, a amendment to the Constitution consid- vote will occur on or in relation to the plan that will continue to reduce the ered, a crucial meeting of the leaders Durbin amendment at 5:30 this after- role of the Federal Government in the of the Congress with the President and noon. I want to repeat that there will life of the country, but one that will the Vice President held. And in it all, be a rollcall vote at 5:30 this afternoon. emphasize the priorities that he we have a vibrant hope that You will I also remind my colleagues that the stressed in the most recent campaign— inspire the spirit of patriotism that Senate is scheduled to adjourn for the an emphasis on improving educational overcomes party spirit and the humil- President’s Day recess on Thursday of opportunity in the United States, a de- ity that makes possible dynamic unity. this week. In addition, tomorrow Presi- sire to preserve the important prior- Give us hope for a truly great week of dent Clinton is coming to the Capitol ities of caring for our senior citizens progress. In the name of our Lord and for a meeting, and also for Senators’ through the Medicare Program, of also Savior. Amen. information, the funeral for Ambas- preserving the social safety net, and at sador Harriman is scheduled for Thurs- the same time reforming the welfare f day. Therefore, this week will be busy program to provide that people who are as we continue to make progress on the in need of assistance go to work, where balanced budget amendment and con- possible. All of these are contained in RECOGNITION OF THE ACTING sider any nominations that may be- the President’s latest budget submis- MAJORITY LEADER come available. sion. The PRESIDENT pro tempore. The I might mention that it is possible I have heard a fair amount of criti- able acting majority leader, Senator we could have a vote on the U.S. Trade cism from various circles about various NICKLES, is recognized. Representative this week, and it’s even elements of the President’s plan. I Mr. NICKLES. Mr. President, thank possible on Congressman RICHARDSON, think it’s appropriate to respond to you. who is up for U.N. Representative. As those criticisms so that people who are

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

S1145 S1146 CONGRESSIONAL RECORD — SENATE February 10, 1997 watching this debate unfold have a bal- What did they project and what has This is historical fact. There is no anced view of what the President has happened? Mr. President, the record is question about these numbers. These proposed. abundantly clear. are the official numbers of the Federal One of the criticisms that I have This chart shows from 1993 to 1995 the Government. In fact, these numbers heard is that the President is proposing projection for 1996 and what has hap- come from the Congressional Budget significant increases in Federal spend- pened. The blue line is the Office of Office. ing. Mr. President, if one looks at the Management and Budget controlled by Then President Clinton came into of- fairest measure of what is happening to the President. The red line is the Con- fice, and each and every year the defi- Federal spending, one comes to quite a gressional Budget Office controlled by cit has declined. In fact, we have gone different conclusion. I have prepared Congress. The green line is what has from a deficit of $290 billion in the last this chart that shows what has hap- actually happened with the deficit. In- year of the Bush administration—this pened since 1992, back when the deficit teresting: What one finds is that both chart shows $116 billion deficit for the was $290 billion. It shows what has hap- OMB and the Congressional Budget Of- most recent year. Actually it was pened to Federal spending as a percent- fice have been overly pessimistic. The somewhat better than that. When the age of our national income. Also de- fact is the deficit has declined much final numbers came in, the deficit was scribed is the gross domestic product. more sharply than either of them pre- down to $107 billion. So there is a dra- It is perhaps the fairest measure of dicted. That is the fact. That is the matic reduction in the budget deficit what is happening to the Federal budg- record. The deficit during the term of during the Clinton years. et, because it looks, in inflation ad- this President has declined much more Another way of looking at that is to look at these deficits with what is real- justed terms, at what is happening to sharply—on average $50 billion a year ly the best way to measure, and that is Federal spending. more—than this administration pre- One can see by this chart that back dicted. No rosy scenarios here. They as a percentage of our national income. in 1992 we were spending, at the Fed- have adopted a very conservative fiscal That is the best way to measure it be- eral level, nearly 22 percent of our na- outlook not only in the 4 years that cause that takes account of the infla- tional income. In fact, it was 21.8 per- they have had responsibility for it but tionary changes over time. So you are also looking forward. In fact, they are cent. Because of the 1993 budget deal comparing apples to apples instead of right in the mainstream of the blue apples to oranges. that has done a dramatic job in reduc- chip economic forecasters that our There we see the deficit record of this ing the Federal deficit by both cutting major corporations rely on for their administration in comparison to the spending and also raising income taxes forecasts. previous two administrations in an on the wealthiest 1 percent in this Mr. President, we have also heard even more stark way. Because when country, you can see what has hap- criticism that the President’s plan is President Reagan came into office, the pened. Spending, as a share of our na- back-end loaded; that is, 75 percent of deficit was 2.6 percent of our national tional income by the Federal Govern- the savings are in the last 2 years of income. Within 2 years, it was up to 6 ment, has gone down—20.8 percent in this 5-year budget plan. Mr. President, percent of our national income. Then it 1996. Revenue went up, narrowing the I would like to see less back-end load- worked its way back down to 3 percent. gap between spending and revenue, and ing as well. I think it would be better Again, President Bush took over, and as a result, reducing the deficit. You if we have less in the way of back-end in each and every year as a percentage can see, according to the President’s loading. But our critics on the other of our national income the deficit went plan, that Federal spending stabilizes side of the aisle I think have a credibil- up—went up, went up until it was 4.7 for 1 year at 20.8 percent of national in- ity problem because if you do a fifth of percent of our national income by the come and then starts declining each what they proposed last year in the last year of the Bush administration. and every year until Federal spending budget resolution that they passed And in the 4 years of this administra- declines to 19 percent of our national right in this Chamber, you take this tion, each and every year, largely be- income. deficit reduction path which is the blue cause of the 1993 budget deal, which Mr. President, that is dramatically line, and you fit President Clinton’s every Democrat—or virtually every lower than in any year under either the 1998 budget submission in his proposed Democrat—voted for and every Repub- Reagan administration or the Bush ad- deficit reduction path and put the two lican voted against, we got the deficit ministration. In fact, if you look back together, look what you find. They are going down; not talking about reducing in terms of what the Federal Govern- almost identical. This is what our the deficit but finally results. It went ment was spending as a percentage of friends on the other side of the Cham- from 3.9 percent of our national in- our national income in the years of ber here voted for just last year. It was come. And this chart shows down to 1.5 President Reagan and President Bush, OK then. But all of a sudden now the percent of our national income in the what you will find is that spending President proposes a deficit reduction most recent year. Actually, it was ranged between 22 and 23 percent of our path that is almost identical to the one somewhat better than that, as I indi- national income. And so President they proposed, and all of a sudden it is cated on the other chart. We actually Clinton’s plan, which is to take us to 19 a gimmick. got down to 1.4 percent of our national percent of our national income going I think we can test the credibility of income. to the Federal Government, is a dra- that statement just based on the facts. Not only is that good performance matic reduction and put us at the low- If one looks at the historical record to when we match against the historical est levels that we have experienced for make judgments on who has credibility record of the United States but, if we a very long time. with respect to deficit reduction and look at other industrialized countries, Another thing that we have heard is who does not, let us just look at the we see that we now have the lowest that the President’s plan uses a rosy last three administrations. Let us look deficit of any of the major industri- scenario. at the facts that nobody can dispute. alized countries in the world as meas- Mr. President, I am a former tax These are the actual budget deficits ured against the size of our national in- commissioner of my State. One of my year by year during the Reagan admin- come. In fact, other countries in Eu- jobs was to project the revenue of the istration, the Bush administration, and rope have a deficit as much as 7 per- State of North Dakota. One of the rea- the Clinton administration. Look what cent of their national incomes. Most of sons I am here is I did a pretty good job we see. In 1981 at the start of the them are in the 4 and 5 percent range. of that. We are conservative. We were Reagan administration the deficit was So the United States has not only able to develop substantial surpluses $79 billion. It exploded promptly. Two done well matched against its own his- because we had accurate projections of years later we were up to $208 billion. torical record during the Clinton ad- our income. That is critically impor- It kept going up to $221 billion. Only at ministration but has done remarkably tant at the national level. And in order the end did we see the deficit start to well in comparison to what has hap- to make a determination as to whether come back down. Then the Bush ad- pened in other major industrialized or not this administration has been ministration took over, and it was all countries. Partly because we have had guilty of rosy scenarios perhaps it is red ink. He took the deficit from $153 that kind of very successful deficit re- most helpful to look at the record. billion and ran it up to $290 billion. duction, we have seen a remarkable February 10, 1997 CONGRESSIONAL RECORD — SENATE S1147 economic progress in the United For the last 2 years, when the experts Mr. President, how much time re- States. And the list is a long one of the analyzed the competitive position of mains on our side? positive economic results that have the countries, the major industrialized The PRESIDING OFFICER. There come because we put in place a plan countries in the world, the United are 4 minutes remaining. that actually reduced the budget defi- States was No. 1. We have resumed our f cit. That took pressure off of interest top position. It is due in no small BALANCED BUDGET AMENDMENT rates, and that had the very helpful ef- measure to the economic plan that we TO THE CONSTITUTION fect of spurring economic growth in put in place in 1993. this country. Some who are listening might say, Mr. CONRAD. Mr. President, before Let us just look at some of the very well, this is a Democratic Senator the Senate is the question of the bal- positive results. speaking, and he is being partisan in anced budget amendment to the Con- First of all, we have seen 11 million terms of analyzing who should get the stitution of the United States. I testi- new jobs created in this country in the credit for what has happened since that fied 2 weeks ago before the Judiciary 4 years of this administration—11 mil- 1993 financial plan was put into place. Committee on this question. lion new jobs. That is a remarkable It is not just the view of this Senator. I believe deeply in the need to bal- record. We have also seen unemploy- It is not just a review of the facts that ance the Federal budget. We have a re- ment come down. Unemployment has lead us to this conclusion. Mr. Green- sponsibility to do that because just dropped a full 2 percentage points. caca span, testifying last year at about this over the horizon, even with all the dldllflldlksdklmcdl We have seen infla- time, said the deficit reduction in progress that has been made here, we tion at very low levels. In fact, we have President Clinton’s 1993 economic plan have the demographic time bomb lying the best record of sustained low levels was: out there, and that time bomb is the retirement of the baby boom genera- of inflation in 20 years. An unquestioned factor in contributing to Those are not the only outstanding the improvement in economic activity that tion. When they start to retire, they economic results. We have also seen occurred thereafter. are going to dramatically increase the median household income up, the larg- Mr. Greenspan is not a partisan. Mr. number of people who are eligible for est increase in a decade. We have seen Greenspan, in fact, I think is a promi- our major Federal programs. In fact, in the largest decline in income inequal- nent member of the other party, but he very short order, they are going to dou- ity in 27 years in this country. I think acknowledges what is true, and what is ble the number of people who are eligi- ble for Social Security and Medicare that is something of great concern to true is very clear. This administration and other programs like veterans’ ben- anybody who is worried about the fu- has made the hard choices. They made efits. So, while enormous progress has ture of America. That has happened as them in 1993, when a lot of us stood up been made, we have to do more. We a result of an economic plan that was and joined them in making the hard have to do more. put in place in 1993. choices, and we paid a terrible price in There are 1.6 million fewer people in Some say the answer is an amend- this party at the polls in 1994 because poverty. That is as of last year. That is ment to the Constitution. Properly those hard choices did cut spending. now over 2 million fewer people in pov- crafted, I would support an amendment Yes, they did raise revenue, raised in- erty, the largest drop in 27 years. to the Constitution. But the one before The poverty rate for the elderly in comes taxes on the wealthiest 1 per- us is not properly crafted. America is at 10.5 percent, its lowest cent in this country. Let me just give three reasons why I I had a woman stop me the other day level ever, lowest level of elderly pov- believe it is not properly crafted. First, in Fargo, ND, and she said, ‘‘You have erty in the history of our country, and the balanced budget amendment before to quit raising taxes down there in the biggest drop in child poverty in 20 us in this Chamber will not balance the Washington.’’ I asked her if she made years. budget at all—not at all. Boy, would These are facts. This is a remarkable $140,000 a year. She said, ‘‘Oh, certainly the American people be surprised to economic record and one of which this not.’’ I said, ‘‘Well, you did not have find out, if this passes, that come the administration can be justifiably your taxes raised. You did not have year 2002, when the budget is supposed proud. your taxes raised unless you are mak- to be balanced, the debt is still increas- We used to talk in America a lot ing $140,000 a year. Your income taxes ing. Won’t they be surprised after hav- about the misery index. Our friends on have not gone up.’’ ing been told that the Senate and the the other side of the aisle always used That is the reality. That is the truth House have passed a balanced budget to like to talk about the misery index of the matter. I think as we go through amendment to the Constitution of the and how bad a thing that was and how this budget debate we ought to remem- United States. bad the situation was in America. Well, ber precisely how we got to where we Why is that the case? Why would the we have good news to report because are. The fact is that 1993 budget plan, debt be increasing even after the year the misery index, which is a combina- which some of us voted for that has 2002 if we have a balanced budget tion of the unemployment and infla- made such a profound difference, by amendment to the Constitution? tion rate, is at its lowest level in 28 the year 2002 will reduce the indebted- The answer is very simple. The defi- years—lowest level since 1968. ness that would have otherwise oc- nition of balanced budget that is in These are facts. These are facts of curred by $2.5 trillion. Incredible. You this amendment is not the definition of deficit reduction because of a plan that look back to 1993. All of the projections a balanced budget at all, because it in- some of us had the courage to vote for were that the debt and deficits were cludes every penny of Social Security in 1993, a plan that worked—a plan that going to skyrocket, they were going surplus that is going to accrue to the has made dramatic progress in reduc- right off the charts. But we took ac- Federal Treasury between now and the ing the budget deficit but one that has tion. Some of us voted for a plan that year 2002 and in the years thereafter. also had extremely good effects in the has produced real results, and the day This balanced budget amendment, so- rest of our economy, creating jobs, before yesterday Mr. Raines, the head called balanced budget amendment, building economic growth, lowering of the Office of Management and Budg- would loot and raid the Social Security poverty, and doing a whole series of et in this administration, was able to trust fund of $450 billion over just the things that have made America now report that by the year 2002 the 1993 next 5 years, take every penny of So- the most competitive nation on the budget plan will have reduced what cial Security surplus, throw that into face of the globe. would have otherwise occurred in the pot, and call it a balanced budget. For a number of years there, we were terms of the growth of the debt by $2.5 No private employer in this country very concerned that the United States trillion. would be able to take the retirement could not remain competitive, and we Those were hard choices that had to funds of their employees and throw thought the Asians were passing us. We be made in 1993, and they were made, those into the pot and say they bal- thought the Japanese were passing us. and the result is that we are in very a anced their operating budget. In fact, We were concerned the Germans were fortuitous position of having more to that would be a violation of Federal on the march and on the move and we do, we need to do more, but we are law. That is what the Federal Govern- were stopped dead in our tracks. pretty close to where we want to get. ment is doing today for Social Security S1148 CONGRESSIONAL RECORD — SENATE February 10, 1997 trust fund surpluses, and under this so- BALANCED BUDGET AMENDMENT that the Government must do and that called balanced budget amendment to TO THE CONSTITUTION the Congress must do and the adminis- the Constitution, that flawed principle Mr. THOMAS. It is interesting to tration must do, but it all pretty much would be enshrined in the Constitution stand here beside these budgets that turns around what you do with the of the United States. have gone on for 26 years—this is less budget. The budget is a guideline of I often wonder, what would Thomas than that—and to then have to say we where you go, what your priorities are, Jefferson think of putting in the Con- have not balanced the budget in all what your spending is. It is also a stitution of the United States a defini- that time. Yet, we hear constantly that guideline of your idea of how large tion of a balanced budget that included we do not need to do anything dif- Government is, as opposed to a reduced every trust fund dollar and call that a ferently than we have been doing. It is size Government. It has to do with how balanced budget? I wonder what Ben- hard to imagine that you are going to much tax you intend to levy. So the jamin Franklin would think of that. I have different results if you do not do budget is the key to where we have do not think they would buy that, and something different. been. We talked about it for years and we should not buy it. I was interested in the comments of will continue to, I suppose, forever. It The second major problem with this the Senator from North Dakota. Each has a great deal to do with what you balanced budget amendment is it of us has a little different idea about believe is the responsibility of this makes inadequate provision for a na- what has happened and what has oc- Congress and the responsibility of the tional economic emergency. We know curred in terms of economics. Each of Government, and the responsibility of that the right policy today is to cut us has a little different idea about why spending and balance the budget. That you and me, Mr. President, to establish is precisely what we ought to do. That we made some progress over the last a spending pattern in which we are re- was precisely the wrong thing to do in several years in reducing the deficit. sponsible for the spending we incur and the depths of the Great Depression, be- Certainly one reason is we raised taxes not pass it on to all of our children and cause raising taxes and cutting spend- so that the average payment of taxes on to future generations, which is pre- ing in the midst of the Depression sim- in this country is now about 40 percent cisely what we have done now. ply would make the Depression longer of the income to families. You can bal- I hear some on the TV saying, ‘‘Well, and deeper. We have to pass an amend- ance the budget that way if you want a balanced budget isn’t that important. ment here that can stand the test of to continue to let Government grow. The deficit really isn’t that impor- time. The one before us now simply Continue to raise taxes; that is a way tant.’’ The interest payment on the does not. to balance the budget. That is partly deficit this year will be about $250 bil- The third and final point: The bal- what this whole discussion is about. lion, almost as much as defense. It will anced budget amendment before us now Interestingly enough, the Senator soon be more than defense. If it contin- assumes that the Court will enforce talked about the balanced budget ues as projected, it will be $330 billion this amendment. Can you imagine? We amendment looting Social Security. I a year out of the budget to pay interest can have a situation in which the Su- was going to ask the Senator, if he was on the debt. So it is important. It has preme Court Justices are sitting still here, whether Social Security in- to do with responsibility. around a table, just a block from here come is in the budget that he talks The Senator from North Dakota —in fact, I can almost see the Supreme about that the President is going to mentioned Jefferson. Jefferson had a Court through those doors—and we balance by 2003. Of course it is there. strong feeling about budgets. Let me would have the Justices of the Su- All the trust funds are there that he quote from the desk of Thomas Jeffer- preme Court sitting around a table says you cannot put into a balanced son: writing a budget for the United States, budget amendment. They are in the I wish it were possible to obtain a single deciding perhaps to raise taxes to bal- budget that the Senator brags about amendment to our Constitution. I would be ance the budget, deciding they are balancing. If you took the Social Secu- willing to depend on that alone for the re- going to cut funding for transportation rity out of it, by that time you would duction of the administration of our Govern- or education, deciding what is going to have to raise $700 billion additional to ment. I mean an additional article taking happen that affects America in a disas- do that. This is a unified budget. from the Federal Government the power of ter, perhaps an earthquake in Califor- So, it is interesting how we seem to borrowing. nia or some calamity in Florida. We have different views. I guess if we did Thomas Jefferson said if you are are going to have unelected judges sit not have different views, why, there going to use it, you ought to pay for it. around a table and decide the budget of would not be any discussion about this. And certainly he’s exactly right. the United States. Is that really what We would either do it or not. Basically, I think we need to look at the bene- we are going to do? one of the differences, I think, between fits of having a balanced budget. We I can tell you this, I come from a those of us here who want to have a have talked about it a great deal. It is rural State. I do not think any of those balanced budget amendment to ensure not just a benefit to the country, it is Justices know much about agriculture. that we, in fact, in the future have a not just a benefit to the economy, it is I do not think they know much about balanced budget and have fiscal respon- a benefit to you and me in our lives. farming. I do not think they know sibility is whether you want more and It’s a benefit to you and me in what much about the cattle business. I do more Government or whether you want we have to pay to do the things we not think they know much about rural a balanced budget to have something have to do. On an $80,000 mortgage, the America at all. Most of them are from to do with holding down the size of savings per year with a balanced budg- more populous areas. Government and the increase in taxes. et amendment with a reduction in in- So I just say there are fatal flaws in That is the choice. If you are going to terest could be $1,272 for the average this balanced budget amendment that use the balanced budget amendment family. On a $15,000 car loan, monthly is before us today, and we ought to simply to grow, and use the balanced payments would be reduced by 200 take steps to improve it. budget, as the President has this year, bucks. It’s a real benefit for us, as well I thank the Chair and yield the floor. as being the financially and morally The PRESIDING OFFICER. Who to have an increase in spending by $1.5 responsible thing to do. seeks recognition? trillion, then that is a choice. The Mr. THOMAS addressed the Chair. other choice is to allow families to Some say, ‘‘Just do it, we don’t need The PRESIDING OFFICER. The Sen- have more of their own money and an amendment.’’ Good idea. The evi- ator from Wyoming. spend it as they choose, to have a dence, however, is that that is not the Mr. THOMAS. Mr. President, I be- smaller central Government and move case. The evidence is that we have lieve that we have special order time some of those activities to local gov- talked about it for 26 years, through for 12:30 to 1? ernments, to States and counties. So good times and bad. We say, ‘‘Well, you The PRESIDING OFFICER. The Sen- that is the decision. have to leave it flexible enough for ator is correct. It has been, I think, a most interest- emergencies.’’ I certainly agree with Mr. THOMAS. We will expect several ing discussion. Of course, the budget is, that, and this balanced budget amend- more of my associates here, but I will I think, the key to what we do here. ment has that provision. But we have begin that. Obviously, there are many other things done it through good times and bad. We February 10, 1997 CONGRESSIONAL RECORD — SENATE S1149 have wanted to spend more than we Wyoming. He has made very clear the balanced budget amendment. I want to have been willing to pay in, and that’s need for this amendment. Most impor- address those concerns. what it is about. tantly, he has stressed what can legiti- First of all, some in Congress have We say, ‘‘Just do it.’’ I don’t think mately be stressed on the floor of this argued that the balanced budget there is any question but what the body: that the political laboratories of amendment would result in the Federal President’s budget doesn’t just do it. our American system of Government, courts becoming heavily involved in The President’s budget doesn’t get us our State governments and our State the budgetary process that was meant there. The President’s budget doesn’t legislatures have had much success by our constitutional writers to be a balance the budget over a period of with constitutional requirements for a legislative prerogative. It is my firm time. balanced budget, making those State belief that such a concern is com- Really, there is very little reason to legislatures, be they controlled by lib- pletely unwarranted. It is just another oppose a balanced budget amendment. erals or by more conservative people, excuse not to enact a balanced budget There are a number of reasons that are have a sounder fiscal policy, and a amendment, which the American peo- given, a number of excuses that are sounder spending policy than what we ple want by huge margins, and which given. Social Security is one. Almost have had in the U.S. Congress. This is will force fiscal discipline on those who everyone who looks at it says, if you all due to the fact that each one of are making this argument against this want to save Social Security, it needs those State legislators takes an oath constitutional amendment. Experience to be part of the integrated budget. to uphold the laws and the constitution has shown that the Federal courts are Right now, there is a surplus in Social of their State, and when those respec- very reluctant to enter into the budg- Security. We know there will not be tive constitutions require a balanced etary issues and the political con- later, and we will have to make that budget, they are carrying out their troversies. accommodation. duty, not only to be fiscally sound, but In order for Federal courts to hear a If you take Social Security out of it, also carrying out a constitutional man- case, the person filing a lawsuit must I wonder how many things will be put date that they swore to uphold. have what lawyers call ‘‘standing to into the Social Security Program by So those of us who support a con- sue.’’ That is, the person must show the Congress so they would be off budg- stitutional amendment suggest that we that he or she has suffered a unique in- et. We have been through that before. need the fiscal discipline that will jury resulting from the balanced budg- We have seen that happen before. come from a constitutional amend- et amendment and that this injury can Oversight by the court? How many ment, which would not be necessary if be corrected by the Federal courts. If States are there that have a balanced the Members of the Congress in the the person suing the Government can- budget amendment of some kind? last quarter century had been as re- not meet these requirements, then he There are 40, I believe. We do in Wyo- sponsible as the Members of Congress or she has no standing and the court ming in my home State. The court’s in the first 175-year history of our will not hear the case. job is to say if you haven’t balanced country. During that period of time, For several reasons, I believe that it the budget in terms of revenues equal- except during wartime, we had bal- is unlikely that the courts would deter- ing expenditures, then you fix it. That anced budgets, in a majority of the mine such a person has standing to is the authority that they should have. cases, and had just a general under- bring a case under the balanced budget An emergency? It provides for an standing that it was our responsibility amendment. emergency with 60 votes, a supermajor- for a present generation to live within The courts are very strict in insist- ity. If we have an emergency, 60 votes its income and not put off, as we have ing that standing requirements be met would not be hard to get. been doing for the last quarter of a cen- by citizens who wish to sue the Govern- Mr. President, I think we will be tury, the debt to children and grand- ment. In case after case, the Federal going forward for some time now, for a children. courts have refused to permit citizens couple of weeks, talking about the bal- We are at it again in 1997, like we to challenge Government action solely anced budget amendment, talking have in most of the recent Congresses, on the basis of being a taxpayer. There- about the benefits that it has to this trying to get just one or two more fore, there is absolutely no reason to country, the benefits that it has to votes to pass a constitutional amend- fear a flood of litigation over the im- American families. And I am hopeful ment requiring a balanced budget, plementation of the balanced budget that we have now come to the position which takes a two-thirds vote. When amendment. where we will say, ‘‘Look, let’s pass you are one or two votes short of, over The most important reason I do not this amendment, send this amendment the last decade, getting it passed, that expect to see a flood of Federal cases is to the States, and three-quarters of the means that the vast majority of the that once the balanced budget amend- States will have to ratify it.’’ I believe Members of this body feel it necessary ment is passed and ratified, Congress, there is strong feeling among the to amend the Constitution but, quite taking the oath to uphold the Con- American people, that among all frankly, coming up just a few votes— stitution, will naturally abide by it. things, we ought to be financially and last year, just one vote—short of the With the force of a constitutional fiscally responsible, that we ought not required two-thirds vote to pass it. amendment mandating fiscal respon- to pass on these debts to our offspring. So all of the hue and cry that you sibility, we will be obligated to produce So, Mr. President, a number of us hear from the other side, from the op- a balanced budget. By obeying the con- have come to the floor this morning to ponents of this approach of amending stitutional law, there will be no reason talk about that. I believe very strongly the Constitution to require a balanced for any citizen to take Government to that it is the responsible thing to do. I budget, represents a minority of this court. believe that the amendments that we body, a small minority of this body, Having seen such an amendment will have are not designed to strength- just a third or just a little over a third. work in my home State of Iowa, I am en our responsibility but, indeed, to This year we hope that the opponents confident that it will force us here in kill the amendment so that there will are just a little bit less than a third, so Washington to be disciplined in our not be the constant of fiscal respon- we get the two-thirds necessary to pass spending. In my view, the courts will sibility applied to our future budget- it. have no need to become involved in the ing. And, therefore, I feel very strongly These are the diehards who still be- budget. that it ought to pass. lieve that it’s fine for us to spend in Clearly, the balanced budget amend- I appreciate the opportunity to share our generation and let our children and ment does not provide any basis for the some of those thoughts. I now yield to grandchildren pick up the bill for our court to micromanage the budget proc- my friend, the Senator from Iowa, for living high on the hog. ess, as has been indicated by the oppo- 10 minutes. We have heard several concerns nents of this amendment. Without The PRESIDING OFFICER. The Sen- which have been raised by the oppo- mentioning the issue of judicial review, ator from Iowa is recognized. nents of a balanced budget amendment, the sponsors of the resolution have re- Mr. GRASSLEY. Thank you, Mr. and I believe that these concerns are fused to give congressional sanction to President. I thank the Senator from simply a mask for the opposition to the the courts to involve themselves in the S1150 CONGRESSIONAL RECORD — SENATE February 10, 1997 budgetary decisions. I believe that ex- Mr. ENZI. Mr. President, I rise in way we could get 62 original cosponsors plicitly putting language on the issue support of passage of the balanced to the amendment. The present admin- of judicial review in the balanced budg- budget constitutional amendment, istration has stated working together et amendment implies that the Federal Senate Joint Resolution 1. When we is the key to action. I wholeheartedly courts might have power that we do vote on Senator DURBIN’S amendment agree. We should not care who gets the not intend them to have and that they later today, I will urge my colleagues credit for balancing the budget, Repub- should not have. to oppose that measure. licans or Democrats, Congress or the Furthermore, should there be any un- The amendment of the Senator from President, as long as it gets done. warranted infringement in the process Illinois seeks to skirt the three-fifths This is something that the adminis- by the Federal courts, which, as I have majority vote required by Senate Joint tration pays lip service to, but then stated, is highly unlikely, the Congress Resolution 1 to approve the deficit. proclaimed an all-out war on the bal- has the right, under article III of the This gaping hole would give Congress anced budget amendment even though Constitution, going back for 200 some the ability to knock the teeth out of they submitted a proposal just a few years, to limit the Federal courts’ ju- the constitutional amendment with a days ago stuffed and overstuffed with risdiction. simple majority vote. The three-fifths new Government programs that we Another baseless concern which has requirement was placed in the balanced cannot afford. been raised regarding the balanced budget amendment so that Congress The President’s budget purportedly budget amendment is that it will allow could not run deficits except during brings the budget into balance by the the President to impound funds. Again, times of war or serious threat. year 2002. He has front-loaded his budg- this is simply false. There is nothing in The Durbin amendment adds two ad- et proposals with catchy, pretty little the balanced budget amendment giving ditional situations and neglects to de- initiatives tied up in illusory little the President new powers in the budget fine them. In addition, it overrides the bows. process. He must submit a balanced desire of a balanced budget by three- Mr. President, you cannot fill a leak- budget to the Congress. But beyond fourths of the States which would be ing bucket from a dry well. Americans that, his role is not changed in any necessary for the amendment’s ratifi- must know that long after this Presi- way. cation. Senator DURBIN’S amendment dent has left office, Congress will no In fact, the balanced budget amend- gives Congress excuses for not bal- longer be able to avoid the mess. Tax ment reaffirms the Supreme Court’s ancing the budget. The American peo- hikes loom large on the horizon for ruling that the President is required to ple are tired of excuses coming from many Americans in 2002 under Presi- faithfully execute the law and to spend Washington. dent Clinton’s plan—the exact year funds as directed by statute. The Presi- I would also like to take this oppor- that the budget amendment might dent therefore does not have impound- tunity to comment on the attacks that take effect. ment authority over the Social Secu- have been continued and have in- The administration has declared war rity trust fund since he must spend it. creased in intensity against this com- on the will of the American people as Arguments against the balanced monsense amendment. well. Let us take a look at some recent Our opponents are conjuring up fatal- budget amendment on the grounds that numbers from a CBS poll released Feb- istic and doomsday predictions about it gives the President some new im- ruary 4, 1997. When the American peo- the future with their crystal balls. poundment powers are simply un- ple were asked the question, ‘‘Do you They are right to be concerned about a founded. So, Mr. President, I think we favor a balanced budget amendment?’’ possible economic recession and the in- can conclude that it is now time to 76 percent of those polled said ‘‘yes.’’ solvency of our Social Security system. pass this amendment. The American But when they were asked if the Fed- But they are wrong about the cause eral budget would be balanced by 2002, people are tired of all the excuses we and the solution. If we fail to control 84 percent said no. This tells me the have been hearing from a small minor- our future, it will control us. We need American people do not believe that ity of people who oppose amending the to fear the future only if we fail to pass the political leaders of today have the Constitution to force fiscal discipline this amendment. upon the Congress. They know that we If there were only one social injustice will to pass the balanced budget con- have to impose fiscal discipline on in America today, it would be the stitutional amendment. This lack of Washington if we are to preserve the mountain of debt we are leaving to our will is what creates cynicism and apa- American dream for future generations kids, grandkids, and those not yet old thy in the American people. of our young people. enough to vote today. An inheritance Why don’t we just give the individual The American people are smart of debt is a cruel legacy. They will be States the opportunity to ratify the enough to know the empty excuses left to wonder if we failed to remember balanced budget amendment? Three- that have been heard today, and par- the Revolutionary battle cry, ‘‘No tax- fourths of the States have to pass it be- ticularly those involving the courts, ation without representation.’’ fore it becomes part of the Constitu- are mere delaying tactics meant to de- Congressman J.C. WATTS stated in tion. That is a tough test. We need to rail the balanced budget amendment. his recent speech: give the States this opportunity to I say to my colleagues on both sides If things continue as they are, by the time force the Federal Government to come of the aisle that we cannot allow our- [those people] are 25, the tax they could pay to grips with its finances just as the selves to lose our focus on the major will be about 84 cents on the dollar. That’s State governments are required to do. I purpose of the balanced budget amend- more than a shame. It’s a scandal. found the best decisions are made clos- ment—putting an end to the Federal I concur. Let us quit cosigning on our est to the people. The American people deficit and keeping the budget bal- kids’ behalf without their consent. know best how a decision made here in anced in the future. Let us keep our The opponents of the balanced budget Washington will affect them and their eyes on the ball and not be distracted constitutional amendment say that daily lives. Giving the States the op- or deterred by phony arguments. Sen- some of us consider the Constitution to portunity to ratify the amendment ate Joint Resolution 1 has been care- be a draft. I need to remind those oppo- would bring the budget closer to the fully considered and analyzed by its nents that the Constitution is being people. supporters on both sides of the aisle. amended on a very regular basis with- The administration likes playing the We must not allow a vocal minority out a majority vote each time it is underdog, hoping to get sympathy and narrow partisan concerns to derail amended by the judicial courts. votes against the amendment. They are this critically important legislation Opponents of the amendment also use insisting this could do severe damage and put the American dream in jeop- the argument that it would be uncon- to some important Government pro- ardy. I say we need to send the bal- stitutional. I have never heard anyone grams and the economy. This is shown anced budget amendment to the States declare a provision in the Constitution by the proposed budget for fiscal years and let the American people decide. as unconstitutional. How could that be 1998 through fiscal year 2002. Mr. ENZI addressed the Chair. possible? Think about it. The President’s plan sets up Congress The PRESIDING OFFICER. The Sen- Senate Joint Resolution 1 has wide and future administrations to do the ator from Wyoming is recognized. bipartisan support. That is the only heavy lifting. If we are to balance the February 10, 1997 CONGRESSIONAL RECORD — SENATE S1151 budget by 2002, drastic cuts in pro- et and budget reconciliation process them to pass the balanced budget grams will have to be made in the 2 causes shortsighted planning. A bien- amendment now. No more excuses—the years after the President leaves office. nial budget would allow more time for future of our children and grand- The President’s proposed budget ac- Congress to prioritize the agencies’ and children and parents and grandparents knowledges that the deficit will in- departments’ functions. is at stake. crease, from about $107 billion in 1996 American essayist, Artemus Ward I yield the floor. to $121 billion in 1998. That is not re- said, ‘‘It ain’t the things we don’t know f sponsible and courageous leadership for that hurt us—It’s the things we do DAIRY FARMERS AND MILK next year, let alone the next 50 years. know that ain’t so.’’ I am talking PRICING Responsible leadership requires the about capital budgeting. A few oppo- tough decisions to be made now, in- nents of the amendment have called for Mr. SPECTER. Mr. President, the stead of continuing to ignore the prob- capital budgeting. As the U.S. Senate’s dairy farmers of northeastern Penn- lem and forcing future leaders to bal- only accountant, I can tell you that sylvania, and for that matter the en- ance the budget when a slower econ- you are not being told the whole story. tire State of Pennsylvania, and for omy may make it more difficult to get It is misleading to speak about the that matter the entire Nation, are suf- it done. need for a capital budget at the Federal fering very materially because of low As the late Senator Paul Tsongas level, as though it is an idea which has milk prices. It is a national calamity, said, ‘‘There are a lot of votes in deficit been championed for some time in this where dairy farmers all across the spending. There are no votes in fiscal Chamber. It is being used solely as a country are facing the prospect of discipline.’’ Former Senator Paul means to confuse the issue on the ap- bankruptcy because the costs of pro- Simon also said, ‘‘People in public of- propriateness of the balanced budget ducing milk have risen so tremen- fice like to do popular things, and amendment. The comparison has been dously and the price of selling milk has there is no popular way to balance the made to the practice in State budget- decreased very rapidly in the course of the past several weeks and several budget.’’ To these two highly esteemed ing of separating capital and operating former Democrat Senators, a balanced months. expenses, and paying for capital im- Because of this emergency state, budget constitutional amendment is provements through the method of is- Senator SANTORUM and I and others on the only guarantee to fiscal discipline. suing debt. The Federal budget has the Pennsylvania delegation and really It would require Congress and the even been compared to the family others in the Congress have been tak- President to make some unpopular, but budget and a home mortgage. ing a close look at what is happening There are some distinctions which desperately needed actions to control on the pricing of milk. This morning, Federal spending. If we have the best need to be made with the practice of the Secretary of Agriculture, Daniel economy in the post-World-War II era, sound capital budgeting in our States Glickman, accepted the invitation why can’t we balance the budget in fis- and homes and what has occurred here. from Senator SANTORUM and I and oth- cal year 1999, and make the necessary First, a plan must be in place to re- ers in the Pennsylvania delegation to cuts now, instead of later when uncer- place or expand facilities and equip- travel to Keystone College, located on tainty of the future economic condi- ment based on its reasonable economic the outskirts of Scranton, PA, to meet tion is greater. life. I would question whether or not with and to hear the concerns of farm- I challenge the Members of this body the Federal Government even has an ers. We had a very large crowd, hun- and the President of this great Nation inventory of our existing facilities and dreds of people. I am reluctant to say to balance the budget now, while the equipment, let alone a plan for its re- quite how many until I read tomorrow economy is growing. This would cause placement or expansion. morning’s newspapers, perhaps as the economy to flourish even more, re- Second, both the States and our fam- many as 1,000 farmers. ducing interest rates and guaranteeing ilies borrow with a purpose, and with At that time, we heard the economic investors that a balanced budget will the full intent and capability of repay- plight of the farmers in very graphic occur. It is also Social Security’s only ment of both the interest and the prin- and very emphatic terms. The high- hope. cipal over a fixed period. The annual light of the meeting occurred when a The Federal Government should be in cost of this debt repayment is included woman named Mrs. Swetter made the the business of doing a few things well, within the annual budget. We not only point, very, very emphatically, about instead of many things poorly. Our lack a capital budget, we incur debt for the imminent difficulties faced by the Federal budget is pockmarked with day-to-day expenses. No State or fam- farmers and how answers were needed programs that do not work as intended, ily, if it hopes to remain solvent, in- now. This Mrs. Patricia Swetter made whose missions are obsolete, and have curs debt for the cost of operations or that point with special gusto, as did grown out of control. The balanced day-to-day living with the intent of quite a number of the other farmers budget amendment would force the only paying the interest. who spoke at the hearing. Government to prioritize programs, This is exactly what we have been Secretary Glickman responded that and then perform with better results. doing since 1969. Given the affinity of there would be an effort made to do The American people have always been the Federal Government to borrow for what was possible now but commented fearful of an overly intrusive and pow- normal day-to-day living, I can only about the difficulties of an immediate erful Federal Government. guess at the problems we could gen- solution. That prompted a discussion There is still a certain amount of erate if we were to create additional on one point which I think has the anti-federalism in each of us. The natu- debt to finance capital improvements. prospect of doing something imme- ral response to the constraints put on It is a reasonable premise of borrowing diately, and that is delinking the price Government by this amendment would that you don’t loan money to a person established by the Cheese Exchange be a limited government. This leads me who has shown that they cannot be out of Green Bay, WI, and have the to point out the advantages of a bien- trusted to repay what they already Secretary of Agriculture develop an nial budget. A biennial budget would owe. equivalent price for cheese. complement the balanced budget con- I will conclude with the famous Now, some may wonder why the talk stitutional amendment by allowing words of Benjamin Franklin: ‘‘Work of a price for cheese on the discussion Congress to spend more time ironing while it is called today, for you know of a price of milk. The reason is that out the details of a budget. A biennial not how much you may be hindered to- the price of cheese is a very key com- budget would also allow Congress more morrow. One today is worth two tomor- ponent in establishing the price of time for oversight, making sure the rows; never leave that till tomorrow milk. For every 10 cents on an increase various agencies and departments are which you can do today.’’ Now is the in the price of cheese, the price of milk effectively, accurately, and honestly time for hard work and seriousness. goes up $1 per hundredweight. There performing their mission. It would also We must pass the balanced budget have been some indicators that the allow longer range planning by the constitutional amendment. I urge all price of cheese is not accurate as it has Federal agencies, and State and local Americans to write or call your Rep- been currently established. The Sec- governments. The current annual budg- resentatives and Senators and tell retary responded in a dialog that a S1152 CONGRESSIONAL RECORD — SENATE February 10, 1997 number of us had—the Secretary of Ag- HONORING THE ACKERS ON THEIR CONCLUSION OF MORNING riculture, Mr. Glickman, the farmers 50TH WEDDING ANNIVERSARY BUSINESS who were there, myself—that he would Mr. ASHCROFT. Mr. President, fami- The PRESIDING OFFICER (Mr. be willing to work now to develop an lies are the cornerstone of America. ASHCROFT). Morning business is now equivalent price of cheese, so that we The data are undeniable: Individuals closed. could have a reevaluation as to the from strong families contribute to the f price of milk. There has been some in- society. In an era when nearly half of dication that there has been some ma- BALANCED BUDGET AMENDMENT all couples married today will see their TO THE CONSTITUTION nipulation of the price of cheese. It union dissolve into divorce, I believe it may be that this is a subject which is both instructive and important to The PRESIDING OFFICER. Under ought to be a matter for a hearing by honor those who have taken the com- the previous order, the Senate will now the Judiciary Antitrust Subcommittee. mitment of ‘‘till death us do part’’ seri- resume consideration of Senate Joint It may also be that there ought to be a ously, demonstrating successfully the Resolution 1. The clerk will report the pending hearing from the Agriculture Sub- timeless principles of love, honor, and business. committee of Appropriations, or from fidelity. These characteristics make the Agriculture Committee, on the The bill clerk read as follows: our country strong. A joint resolution, S.J. Res. 1, proposing an pricing of milk, taking a close look at For these important reasons, I rise the issue of developing an equivalent amendment to the Constitution of the Unit- today to honor Wilford and Jerry ed States to require a balanced budget. price for cheese. Acker of Weaubleau, MO who on May The Senate resumed consideration of I intend, Mr. President, to submit to 10, 1997, will celebrate their 50th wed- the Senate a sense-of-the-Senate reso- the joint resolution. ding anniversary. My wife, Janet, and I lution to urge and/or direct the Sec- Pending: look forward to the day we can cele- retary of Agriculture to move prompt- Durbin Amendment No. 2, to allow for the brate a similar milestone. Wilford and waiver of the article in the event of an eco- ly on this issue of the price of cheese, Jerry’s commitment to the principles nomic recession or serious economic emer- with a view to having some immediate gency with a majority in both houses of Con- modification on the price of milk. Sec- and values of their marriage deserves to be saluted and recognized. gress. retary of Agriculture Glickman has Mr. SPECTER addressed the Chair. stated his willingness to do so, rec- f The PRESIDING OFFICER. The Sen- ognizing the plight of the farmers but, ator from Pennsylvania. obviously, requiring a sufficient evi- Mr. SPECTER. Mr. President, I have dentiary base to be able to make that U.S. FOREIGN OIL CONSUMPTION: sought recognition to speak in favor of modification. HERE’S THE WEEKLY BOXSCORE the balanced budget amendment. So we are in the process now—my Mr. HELMS. Mr. President, the Mr. President, this amendment has staff and I started in mid-morning—to American Petroleum Institute reports come up repeatedly during my tenure try to make the determination as to that for the week ending January 31, in the U.S. Senate, and I have consist- the price of cheese in America, because the United States imported 7,140,000 ently supported the balanced budget the price established by the so-called barrels of oil each day, 246,000 barrels amendment because of my deep-seated Green Bay Cheese Exchange is about more than the 6,894,000 imported during view that the Congress needs this dis- one-half of 1 percent, and may well the same week a year ago. cipline if we are to balance the budget not—in fact, probably does not—reflect on a permanent basis. It is a very fun- Americans relied on foreign oil for the price of cheese across the country. damental principle that people ought 52.4 percent of their needs last week, When we talk about helping the to live within their means—if you or I and there are no signs that the upward farmer, we talk about a great many do not, we end up in the bankruptcy spiral will abate. Before the Persian items. We talk about increasing ex- court—and that governmental entities ports, which we are working on sys- Gulf war, the United States obtained must live within their means. The only tematically, we talk about programs to approximately 45 percent of its oil sup- exception to this issue of living within increase cheese consumption at schools ply from foreign countries. During the one’s means has been the Government on programs purchased by the Federal Arab oil embargo in the 1970’s, foreign of the United States of America, which Government. But the issue of milk oil accounted for only 35 percent of goes into further debt each year with pricing is something which requires America’s oil supply. deficits of $100 billion or $200 billion, or our attention now. Anybody else interested in restoring more, establishing a national debt in It is true that the Secretary of Agri- domestic production of oil—by U.S. excess of $5 trillion. culture has a second track to change producers using American workers? This issue came into sharp focus for the price of cheese under a procedure Politicians had better ponder the eco- me recently when my wife and I were that calls for public hearings and in- nomic calamity sure to occur in Amer- blessed with two grandchildren. We puts, but that doesn’t eliminate the ica if and when foreign producers shut would certainly never think of impos- basic authority. The Secretary of Agri- off our supply—or double the already ing our financial obligations on our culture explained to me that he does enormous cost of imported oil flowing grandchildren, or spending money on have the power to go on a separate into the United States—now 7,140,000 their credit cards for them to pay at track and to unilaterally delete the barrels a day. some later date. But that is precisely price of cheese from the Cheese Ex- what we have done as a society. We change and to establish an equivalent f have undertaken a variety of methods price for cheese. That is a matter we to try to move toward a balanced budg- are pursuing, and I think a sense-of- THE VERY BAD DEBT BOXSCORE et with Gramm-Rudman and the so- the-Senate resolution would be a very called automatic sequestrations. That substantial impetus to move that proc- Mr. HELMS. Mr. President, at the did not work. Nothing has worked, ess along. close of business Friday, February 7, which is why I believe, in the final So I thank the Secretary for coming the Federal debt stood at analysis, we need to move to the bal- to northeastern Pennsylvania. He was $5,301,813,739,040.73. anced budget amendment. up very, very early this morning. He One year ago, February 7, 1996, the We had the vote last year, coming had commitments back in Washington Federal debt stood at $4,987,177,000,000. within one vote of having the amend- at noontime. I met him at the Scran- Five years ago, February 7, 1992, the ment pass. The President is opposed to ton Airport shortly before 8 a.m. this Federal debt stood at $3,797,118,000,000. the balanced budget amendment. But I morning. So it was an early start for Twenty-five years ago, February 7, do believe that just the pendency of the him and for the rest of us and for all 1972, the Federal debt stood at amendment has been a very substantial the farmers who appeared there. But I $423,588,000,000 which reflects a debt in- impetus moving the administration, do think something material can be crease of more than $4 trillion— the President, and the Congress to bal- done to assist the farmers on this very $4,878,225,739,040.73 during the past 25 ance the budget without a constitu- important issue of milk pricing. years. tional amendment. February 10, 1997 CONGRESSIONAL RECORD — SENATE S1153 President Clinton has laid before the to pay the Social Security recipients The PRESIDING OFFICER. The Sen- Congress and the country what he sub- when the due date arises. ator from Utah. mits is a plan to balance the budget by We know very well that the so-called Mr. HATCH. Mr. President, I thank the year 2002. But the reality is, upon baby boomers will present a charge on my colleague for his willingness to lead looking at the fine print, that it is un- the Social Security trust fund at a off in our efforts to pass the balanced likely to achieve that result because later date—2020—which we will be un- budget amendment. Naturally, I dis- most of the cuts are in the last 2 years. able to pay unless we find some way to agree with him on the Social Security When we come to that point, there is raise taxes or some way to make other issue. But I know that he is a person of the inevitable impetus to eliminate cuts which are unrealistic in the con- eminent qualification and one who does those cuts. But to the extent that the text of what we might expect at that what he believes is right. pendency of the balanced budget time. It may be that in crafting a bal- I have had many years of opportunity amendment will move us to balance anced budget amendment, excluding to know the distinguished Senator the budget without an amendment, Social Security, we will have to imple- from Pennsylvania, and I have a lot of that is so much to the good. Ideally, it ment it on a schedule which is realistic respect for him. would be preferable if we could balance which will account for excluding those Mr. President, today we begin the the budget without having a constitu- surplus funds at the present time. But second week of one of the most impor- tional amendment. But regrettably, when we talked about Social Security tant debates that has ever taken place that has not been our experience. initially we were talking about an in- in the U.S. Senate. The subject matter It is always difficult to turn down surance fund concept. We were talking goes to the heart of the Founding Fa- worthwhile programs for Federal Gov- about setting aside the money in a way thers’ hope for our constitutional sys- ernmental expenditures, and it is very, where it would be there to pay those tem—a system that would protect indi- very difficult, painful, and really, at benefits at the time when one reached vidual freedoms with the maxim of the present time, impossible to have the age for Social Security. limited government. tax increases with a Congress that is So that it is my very, very strong In the latter half of this century, controlled by the Republicans and, I view that as a matter of sound financ- however, the intentions of the Framers think, properly declining to even enter- ing that Social Security ought to be of the Constitution have been betrayed tain tax increases. So when we do have excluded. And this body has responded by multiple Congress’ inability to con- the mandate of a balanced budget, it is on many occasions when that issue has trol their spending habits. The size of apparent to everyone—it is apparent to been presented. My late colleague, Sen- the Federal leviathan has grown to all 535 Members of Congress, and it is ator John Heinz, was one of the major such an extent that the very liberties apparent to our constituents. How fre- exponents for taking Social Security of the American people are threatened. quently have we all heard the cry or offbudget—not the only exponent but I Like some of the provisions of the the comment of a constituent coming recall the eloquent speeches which he Constitution, the proposed constitu- to see us, ‘‘I have a very important pro- made. And I recall many sense-of-the- tional amendment, Senate Joint Reso- gram that is meritorious and ought to Senate resolutions where we talked lution 1, is an appropriate addition to be financed,’’ and, at the same time, in- about putting Social Security constitutional limits on the powers of sisting that the taxes not go up and offbudget because it is a trust fund. the Federal Government designed to that the budget be balanced? I remember well during the tenure of increase the freedom of the people by I think it is important, Mr. Presi- James Baker, the Secretary of the limiting the freedom of the Federal dent, as we go over this balanced budg- Treasury, when there was an unusual Government to act in ways that are et amendment, that we allow sufficient invasion of the trust fund. I took the harmful to the people. It is identical to flexibility for our Government to re- floor at that time and made a comment the balanced budget amendment that spond in times of crises or emergency. that there was really a fraudulent con- was passed by the House of Representa- I share the concern that the distin- version which I believed was the case, tives in the last Congress. A number of guished Senator from Illinois, Senator and have analogized it to my experi- our new Members voted for it at that DURBIN, has expressed in offering his ence as district attorney of Philadel- time. It has broad support in the coun- amendment. But I think that the un- phia when there was a trust fund and a try and among Democrats and Repub- derlying resolution covers the problem fraudulent conversion. The people who licans in that we need to ensure a in the appropriate way by calling for a took the money out of that trust fund sound fiscal discipline in our budgeting supermajority, or 60 votes, in order to were guilty of a criminal offense be- process in order to leave a legacy of a waive the provisions of the balanced cause, if it is set aside for a specific strong national economy and a respon- budget in the event that there is a re- purpose and the trustee invades the sible national Government to our chil- cession, an economic crisis, which re- fund for some purpose other than for dren and grandchildren. quires that. Therefore, I intend to vote which it was intended, that is a conver- Mr. President, our Nation is faced against the Durbin amendment. sion and an invasion. with a $5.3 trillion—going to $5.4 tril- There has been very considerable So while I believe very strongly that lion—national debt that gets worse comment about whether Social Secu- we ought to have a balanced budget every year that we run budgetary defi- rity ought to be excluded from the bal- amendment, I think if it is to be realis- cits. The Government is using capital anced budget amendment. After very tic and not a double set of books that that would otherwise be available to considerable thought, Mr. President, it Social Security ought to be kept the private sector to create jobs, and to is my conclusion that Social Security offbudget. invest in the future of this country. In- should be excluded. I say that notwith- Mr. President, I think that in con- creasing amounts of capital are being standing my recognition of the prob- structing a timetable for a balanced wasted on merely financing the debt lems there will be to balance the budg- budget amendment it is entirely pos- because of spiraling interest costs. This et now if we exclude Social Security. sible to accommodate to the lesser problem presents risks to our long- But I submit that it is an artificial way amount of income which we have from term economic growth and endangers of balancing the budget, which says Social Security payments in order to the well-being of our elderly, our work- that we ought to make expenditures see to it that our current income aside ing people, and especially our children which are not in excess of our income from Social Security payments and grandchildren. The debt burden is if we include Social Security, because matches our current expenses, and that a mortgage on our children’s and our those funds really are a trust fund to is the only way to truly have a bal- grandchildren’s future. pay Social Security recipients at a anced budget which I think we ought The total debt now stands at almost later day. So what we are doing is say- to have. And an amendment is the way $5.3 trillion. By the end of this debate ing we are going to spend more money, to impose the discipline to be sure we it may very well reach $5.4 trillion. which we really can’t afford now, by in- will have it for the future. That means every American, every vading the trust fund, and we will put Mr. President, I thank the Chair. I man, woman, and child in this country off for tomorrow what we are not will- yield the floor. has an individual debt burden of about ing to face up to today, to find a way Mr. HATCH addressed the Chair. $20,000 per person. It took us over 200 S1154 CONGRESSIONAL RECORD — SENATE February 10, 1997 years to acquire our first trillion dol- And this only lists the last 28 years $400 billion in 1977. I know, I was here. lars of debt. We have been recently of unbalanced budgets since the last With another 6 years came another $400 adding another $1 trillion to our debt balanced budget in 1969. Actually, billion increase in the Federal budget, about every 5 years. While the trends there have only been eight in the last and by 1986 our Nation had seen its on this front seem to be better, the fact 66 years. But the last 28 years have all first $1 trillion annual budget. Today is we are still running sizable deficits been unbalanced. Each one of these vol- we face an annual budget for fiscal every year. And, unless we take prompt umes represents one of those unbal- year 1997 projected to exceed $1.6 tril- and decisive action, those deficits will anced budgets during each of those 28 lion, as is the case under the budget re- continue to rise again this year, next years. cently submitted by the President. year, and year after year. In fact, if The sad reality is shown by this The Federal Government’s appetite you look at the President’s budget, he stack of unbalanced budget submis- for spending the American people’s even waits until he is out of office be- sions. The President’s budget submis- money is the engine that has been driv- fore they have to make the tough deci- sion which promises us a path to bal- ing this debt up and up because it has sions to really balance the budget by ance in the year 2002 just makes it very been easier to take the money in the the year 2002. clear, if you believe in the Congres- form of a hidden tax like interest costs Yet, Mr. President, opponents of the sional Budget Office projections, that and future taxes, than in the form of a balanced budget amendment claim this stack is just going to grow that direct tax. that there is no problem. They repeat- much higher over the next number of One of most pernicious effects of the edly point to the marginal slowdown in years. enormous deficit beast is the interest growth in debt over the past few years For example, the President’s new costs required to feed it. Interest on as though all our problems are solved. budget projects a modest surplus in the the public debt in 1996 amounted to They say President Clinton has already year 2002 but also requires a 75-percent some $344 billion. That is roughly $50 dealt with this problem. deficit reduction to get there in the 2 billion more than total Federal reve- They are dead wrong. Only inside the years after he leaves office. nues in 1975. In other words, we spent beltway can people claim that when Now, get that. Up through the year less than $300 billion in 1957. In 1996, the debt is exceeding $5 trillion and 2000, this President’s budget does not just 20 years later, gross interest costs still on the rise that we are on the require much sacrifice or much effort took nearly 25 percent of all Federal right track. Everyone on Capitol Hill to try to balance the budget. But in the revenues and more than half of all indi- knows and the Congressional Budget years 2001 and 2002, 75 percent of the vidual income tax revenue. And as this Office has confirmed that we are cur- cuts have to take place, and we all chart shows, net interest payments on rently not on a glidepath to a balanced know around here that that is basi- the debt make up the third largest budget, or to the balanced budget that cally impossible to do. charge of our Federal budget. the President may suggest. According So the game continues, the same It is the red pie that is taken out of to CBO’s most recent projections, our 4 game we have put up with for 28 years, the total pie—the third largest pay- years of declining deficits that fol- and it is pathetic, is what it is. This ment in the Federal budget—exceeded lowed the enactment of President Clin- just indicates more of the same status only by defense spending and Social ton’s record-setting 1993 tax hike will quo, an avoidance of the tough deci- Security. come to a grinding halt this year. What sions and deferral of the costs to the It is really amazing when you look at lies ahead is a familiar path of steadily next guy, or should I say to our chil- it: Social Security spending, 22 per- increasing deficits rivaling anything dren. cent, defense spending is 18 percent, we have ever seen before unless we Additionally, the Senate Budget and net interest is 15 percent. And it is take action to put us on the road to Committee has suggested that recom- going up every year and will go up long-term fiscal discipline and bal- puting the numbers under CBO’s more exponentially unless we do something anced budgets. conservative economic assumptions about it. And yet we have the same As this chart behind me shows, the puts the President’s budget off balance people around here year after year say- Congressional Budget Office predicts in the year 2002 to the tune of an addi- ing, ‘‘Oh, let us just exercise our will that under current policies the deficit tional $66 billion. So the President’s and let us just do it.’’ That is what will begin to rise this year and con- budget that he submitted just last they said for every 1 of these 28 years tinue to rise throughout the foresee- week is not going to balance. of these unbalanced budgets, and that able future. The Congressional Budget The point is that we cannot yet con- is what they will be saying 10 years Office projects the deficit will rise to gratulate ourselves for a job well done. from now without any balanced budget, $124 billion in fiscal year 1997 and con- There is hard work ahead for each of us if we do not have the balanced budget tinue rising to $188 billion in fiscal to do, and there is no assurance of suc- constitutional amendment. year 2002. The deficits just keep rising cess. Based on the sad history illus- Opponents of the balanced budget until in 2007 our annual deficit is pro- trated by each of these 28 years of un- amendment suggest that we cannot af- jected to be $278 billion. Added up, balanced budget submissions and the ford to create a constitutional impedi- these deficits will add a total of more continued resistance of the President ment to deficit spending because they than 2 trillion additional dollars to the to take on the tough choices during his believe that balancing the budget will debt from now—in 1997—until the year actual tenure in office, success is in se- result in decreased social spending. 2007. rious doubt. I do not personally understand the There is no balanced budget in this That is one of the reasons why we logic of continuing to waste such a chart. And I have to tell you, I doubt need a balanced budget constitutional large portion of our budget on interest that there ever will be without a bal- amendment. It has been called an in- on the rationale that we cannot afford anced budget constitutional amend- surance policy that we will get the to cut spending. What we cannot afford ment putting the fiscal discipline into budget actually balanced in the year to do is continue to throw away so the Constitution that will require us to 2002 and, more importantly, that we much of our budget on interest pay- live within our means. The simple fact will keep it balanced thereafter. ments. Think of how much we could do is that with every additional dollar I would also note that it comes as no on crime control, defense, disaster re- that we borrow we throw more coal on surprise that these increases in our Na- lief, health, science, and education if the fire of the runaway train that we tion’s debt mirror increases in Federal we had $344 billion available next year are all riding on. spending. The first $100 billion budget instead of paying interest against the The sad reality is shown by this in the history of the Nation occurred national debt with that money. stack of unbalanced budget submis- as recently as fiscal year 1962—that To help my colleagues put this in sions. The President’s budget submis- was the whole budget—more than 179 even better perspective, gross interest sion, which promises a path to balance years after the founding of our Repub- on the debt in 1966 amounted to more in the year 2002, causes me substantial lic. It took only 9 years for that figure than the entire defense budget of $266 concern that this pile is just going to to double, and in just another 6 years billion; 99 percent of Social Security keep getting higher. Federal spending had doubled again to payments, $347.1 billion; 64 percent of February 10, 1997 CONGRESSIONAL RECORD — SENATE S1155 all discretionary outlays, $535.4 billion, the implications of our staggering lion the next year and reaching a near and nearly 45 percent of all mandatory debt? record $278 billion high in the year 2007. programs of $784.9 billion. In 1975, before this recent borrowing Even OMB’s estimates from the Presi- The $334 billion of gross interest pay- spree, the Federal debt amounted to dent’s newly proposed budget, which ments on the debt in 1996 could have approximately $2,500 per person. That predict lower debt totals than CBO, covered our entire health spending, in- was each American’s share of it in 1975, project that gross Federal debt will top cluding Medicare and Medicaid, that is, and the annual interest charges were $6.6 trillion, exceeding 66 percent of our $293.6 billion, all veterans-related enti- roughly $250 per taxpayer. At present, gross domestic product by the year tlement spending, $18.8 billion, unem- the Federal debt amounts to about 2002. ployment compensation, $22.6 billion, $20,000 per person, with annual interest That means, according to their own the cost of Federal law enforcement ac- charges that each person in this coun- estimates, the Clinton administration’s tivities of $8 billion, and we would still try, each man, woman, and child in self-proclaimed victory in bringing have $1 billion to spare. America, has to pay, totaling nearly down the deficit will result in an addi- Last year, in fact, we spent more $1,350 per person, or roughly $2,975 per tional $1 trillion or more being added money on net interest payments on the taxpayer. That is at today’s interest to the national debt between now and debt than we did for the combined rates, which will go even higher if we the year 2002. budgets of the Department of Com- do not get things under control. Mr. President, we do need to do more. merce, the Department of Agriculture, The Congressional Budget Office pre- It is time for Congress to pass Senate the Department of Education, the De- dicts that in the year 2002, total Fed- Joint Resolution 1, to permanently re- partment of Energy, the Department of eral debt will be more than $6.8 tril- store the fiscal environment in which Justice, the Department of the Inte- lion. That means roughly $24,000 of the competition between tax spenders rior, the Department of Housing and debt for every man, woman, and child and taxpayers is a more equal one—one Urban Development, the Department of in America, with annual interest costs in which spending decisions will once Labor, the Department of State, and projected to be over $3,100 per tax- more be constrained by available reve- the Department of Transportation. payer. nues. The time has come for a solution Just think about that. These last figures would mean a strong enough that it cannot again be Interest on the debt is the fastest nearly tenfold increase in per-capita evaded for short-term gain. We need a growing item in the annual Federal debt and a nearly twelvefold increase constitutional requirement to balance budget. According to the current Con- in annual interest charges per taxpayer our budget. Senate Joint Resolution 1 gressional Budget Office projections, since 1975. Over time, the dispropor- is that solution. It is reasonable, en- gross interest on the debt will continue tionate burdens imposed on today’s forceable, and necessary to force us to to rise substantially over the next 5 children and their children by a con- get our fiscal house in order. years from $360 billion in 1997, to $412 tinuing pattern of deficits could in- There are those who oppose the bal- billion by 2002, and by 2007 just the in- clude some combination of the follow- anced budget amendment because they terest on the debt is projected to be ing: Increased taxes, reduced public say that Congress and the President $493 billion. welfare benefits, reduced public pen- are already committed to balancing If we keep going like we are, we are sions, reduced expenditures on infra- the budget by the year 2002. As a mat- going to be paying almost everything structure and other public invest- ter of rhetoric, that is true; as a mat- on interest that could be used to solve ments, diminished capital formation, ter of what people say, that is true. But a lot of problems in our society. This diminished job creation, lower produc- as a matter of real world politics, it is $495 billion is just $50 billion shy of our tivity enhancement and less real wage clear that the bridge between such entire discretionary budget for the cur- growth in the private economy, higher rhetoric and reality is a rather long rent fiscal year. interest rates, higher inflation, in- one. Over the past 4 years of short-lived creased indebtedness to and economic Since 1978 alone, there have been no deficit reduction, we have paid roughly dependence on foreign creditors, and fewer than five major statutory re- $1.3 trillion in interest on the public increased risk of default on our Federal gimes enacted which promised to de- debt. That is more than the Federal debt. liver balanced budgets. This includes Government took in during all of 1994. Senator Simon would always make Gramm-Rudman-Hollings. But there Without the gross interest on the debt, this point: If we keep going like we are has not been a single balanced budget we would not have had a deficit in 1996. going, ultimately we are going to have since 1960. In fact, we would have run a budget to monetize the debt—that is, print Here are the 28 succeeding budgets. surplus of $237 billion. cheap money—where it will cost you a In about every one of these it was But we cannot even begin to think bushelful of dollars to buy a loaf of promised there would be an effort made about reallocating this money to more bread like it did in Germany in the to balance it, every one of which is un- productive uses until we begin to re- 1930’s, and then write off all the debt on balanced right up to today. duce our debt. If interest rates go back cheap dollars. But the United States of Notwithstanding all of these budget up, the problem will be increased America as we know it will be gone at plans and the five statutory attempts exponentially. Self-propelled interest that point. to require a balanced budget that I costs will continue to eat a larger Mr. President, this is fiscal child have mentioned, the national debt has share of our National Treasury, de- abuse and it must end. But, as I indi- increased by roughly $4.5 trillion since stroying our choices to fund new pro- cated earlier, there is no end in sight. 1978. In other words, nearly 85 percent grams and eroding our ability to keep After 4 years of declining deficits—fi- of our current national debt has accu- the commitments we have already nanced partly with the largest tax in- mulated during the period of time in made. This is serious stuff. crease in history—we have not reduced which Congress has operated within And even if we are successful in pass- our staggering $5.3 trillion national statutory budget frameworks designed ing a budget this year that will balance debt 1 penny. We have only slowed the to ensure the types of fiscal discipline our budget by the year 2002, we will growth in the national debt. that would be required under Senate never begin to reduce our debt unless More important, as my Republican Joint Resolution 1. we can provide some assurance that colleagues and I predicted would hap- While I support the efforts of the past such balanced budgets will become the pen during the debate on the Presi- and commend the dedication expressed rule rather than the exception. That is dent’s 1993 budget package, the Con- by leaders of both political parties to what the balanced budget amendment gressional Budget Office now predicts— reaching a balanced budget, I seriously is geared to do. and if you look at this chart—it now doubt whether, without the weight of a Mr. President, both sides will recite predicts that annual deficits will re- constitutional requirement to balance lots of numbers and figures during the sume their upward climb beginning the budget, we will achieve balance by course of this debate. One such figure this year from an annual deficit of $124 the year 2002. Even if we did, there is is our current $5.3 trillion national billion in 1997, to $188 billion in the nothing to prevent future Congresses debt. But how does one communicate year 2002, and then exceeding $200 bil- from yielding to the inherent political S1156 CONGRESSIONAL RECORD — SENATE February 10, 1997 pressures that would lead to renewed Senate Joint Resolution 1 in support of This amendment says: deficit spending. We need a constitu- the bicameral, bipartisan, consensus It is the policy of the United States that, tional amendment if we are truly com- balanced budget amendment which has in achieving a balanced budget, Federal out- mitted to solving this problem. taken years to develop and for which lays must not be reduced in a manner that Mr. President, the proposed constitu- we have fought for over 20 years. disproportionately affects outlays for edu- tional amendment will help us end this This is the thing to do. This is the cation, nutrition, and health programs for dangerous deficit habit in a way that chance to do it. This is the chance to poor children. past efforts have not. It will do this by do what is right. I hope our colleagues What this amendment is saying, and correcting a bias in the present politi- will do so. I will give plenty of historical and eco- cal process which favors ever-increas- I apologize to my colleague who has nomic context for it, is that we should ing levels of Federal Government been on the floor, who would like to go on record and make it very clear spending. call up an amendment, so I yield the that if, in fact, this constitutional In seeking to reduce spending bias in floor to him at this time. amendment to balance the budget is our present system—fueled largely by The PRESIDING OFFICER. The Sen- passed, which then locks us into this the unlimited availability of deficit ator from Minnesota is recognized. goal, will make the commitment that spending—the major purpose of Senate Mr. WELLSTONE. Mr. President, let we are not going to, as we did in the Joint Resolution 1 is to ensure that me first of all thank my colleague from last Congress, disproportionately cut under normal circumstances, votes by Utah for his remarks. He has been a programs that affect, quite often dra- Congress for increased spending will be real leader on this. He is tenacious; he matically, the nutritional or health or accompanied either by votes, A, to re- never, never gives up. I have tremen- educational status of poor children in duce other spending programs or, B, to dous respect for his work as a Senator, America. increase taxes to pay for such pro- even though we are in profound dis- The reason that I offer this amend- grams. For the first time since the agreement on this question. But I ment is that I think we need to have abandonment of our historical norm of would like to thank him for kind of some focus on this question. There can balanced budgets, Congress would be matching what he does on the floor of be arguments made, and there have required to cast politically difficult the Senate with the kind of words he been, on whether or not we ought to votes as a precondition to politically speaks. amend the Constitution. There can be attractive votes to increase spending. Mr. HATCH. I thank the Senator. arguments made about whether or not this is a mistake vis-a-vis our fiscal The American political process is PRIVILEGE OF THE FLOOR and monetary policy to make sure re- skewed toward artificially high levels Mr. WELLSTONE. Mr. President, I cessions don’t become depressions. of spending. It is skewed in this direc- ask unanimous consent that Dr. Re- There are arguments both ways. tion because Members of Congress have becca Constantino, who is a fellow in Senator Durbin has an amendment every political incentive to spend our office, be granted the privilege of on the floor that says, look, if we need money and almost no incentive to fore- the floor during the debate on the to move forward with an economic plan go such spending. It is a fiscal order in amendment I am about to propose. that puts the budget out of balance which spending decisions have become The PRESIDING OFFICER. Without during a downturn in the economy, it increasingly divorced from the avail- objection, it is so ordered. ability of revenues. should just be a requirement of a ma- AMENDMENT NO. 3 The balanced budget amendment jority vote. I think that amendment is seeks to restore Government account- (Purpose: To state the policy of the United on the mark. States that, in achieving a balanced budg- ability for spending and taxing deci- I see the budgets over the years. et, Federal outlays should not be reduced There could be an argument of whom sions by forcing Congress to prioritize in a manner that disproportionately af- spending projects within the available fects outlays for education, nutrition, and to blame. I wasn’t here during the dec- resources and by requiring tax in- health programs for poor children) ade of the eighties or prior to that creases to be done on the record with Mr. WELLSTONE. Mr. President, I time. We can argue it both ways. I record votes. In this way, Congress will send an amendment to the desk. think historians are going to write be more accountable to the people who The PRESIDING OFFICER. The about a piece of legislation which was pay for the programs, and the Amer- clerk will report the amendment. euphemistically called the Economic ican people, including our future gen- The assistant legislative clerk read Recovery Act which dramatically cut erations who must pay for our debts, as follows: tax rates. I think it became rather re- gressive, because most benefits went to will be represented in a way they are The Senator from Minnesota [Mr. not now represented. Congress will be WELLSTONE] proposes an amendment num- higher income citizens, at the same forced to justify its spending and tax- bered 3. time of dramatically increased expend- ing decisions as the Framers intended, Mr. WELLSTONE. Mr. President, I itures in the Pentagon. I think Presi- but as Congress no longer does. ask unanimous consent that the read- dent Bush once called it voodoo eco- Senate Joint Resolution 1 represents ing of the amendment be dispensed nomics. All of it was to lead to eco- both responsible fiscal policy and re- with. nomic growth. People would have more sponsible constitutional policy. Pas- The PRESIDING OFFICER. Without money with a tax cut, productivity, sage of this resolution would con- objection, it is so ordered. jobs. It would lead to eliminating the stitute an appropriate response by Con- The amendment is as follows: debt. Actually, quite the opposite hap- gress to the desires of the people and pened. Redesignate section 8 as section 9 and after That was actually borrowed money the States for a constitutional amend- section 7 add the following: ment on this issue. ‘‘SECTION 8. It is the policy of the United and borrowed time. It was politics of il- The Senate must approve Senate States that, in achieving a balanced budget, lusion. I really appreciate the focus of Joint Resolution 1, the balanced budg- Federal outlays must not be reduced in a Senator HATCH on no longer having et amendment. It is the right thing to manner that disproportionately affects out- that illusion and the message from the do for ourselves, our children, our lays for education, nutrition, and health pro- people in the country that we should grandchildren, and future generations, grams for poor children.’’ get our economic house in order and and it will give us back responsible and Mr. WELLSTONE. Mr. President, let our political house in order. But what accountable constitutional Govern- me read this amendment slowly and I am asking Senators to do, because I ment. The faithful stewardship of pub- carefully, because I am hoping to get a think we really owe it to the people we lic funds that was so prized by our very strong vote in favor of this represent, is to make a commitment Founding Fathers can be restored for amendment, and I hope it will be an that one more time, as we go about 21st century Americans. up-or-down vote. This is a pretty im- achieving a balanced budget, Federal The virtues of thrift and accountabil- portant matter amending the Constitu- outlays must not be reduced in a man- ity can be rekindled by this very 105th tion, and if this is going to be done—it ner which disproportionately affects Congress, so I urge Senators to join may or may not be done—we better do outlays for education, nutrition and with me and the other 61 sponsors of it well, we better do it carefully. health care programs for poor children. February 10, 1997 CONGRESSIONAL RECORD — SENATE S1157 I hope this amendment will not be ta- Just looking at the 104th Congress, I some sort of budget deal that leaves bled. I offer this amendment with pas- offer this amendment to make sure these children out in the cold, that sion and with commitment to a matter that we make a commitment that we would be unconscionable. that I think is very important. I think are not going to cut such vital pro- The senior vice president of the Com- there should be an up-or-down vote, grams. Sometimes we are just too gen- mittee on Economic Development goes and I hope it will be adopted. erous with the suffering of others. on to say: Mr. President, why the amendment? Let’s not be too generous with the suf- Third, as a result of the fiscal pressures Well, because of recent history. The fering of poor children in America. created by these two factors, the burden of Center on Budget and Policy Priorities The Concord coalition had this to budget austerity has fallen disproportion- issued a report entitled ‘‘Bearing Most say. Martha Phillips the executive di- ately on those parts of the budget, and those of the Burden: How Deficit Reduction rector, on November 26, 1996: parts of society, that offer the least political resistance. During the 104th Congress Con- Balancing the Federal budget— centrated on Programs for the Poor.’’ I Actually, I have been saying that And this has been a goal of the Con- will just read a few of their conclu- over and over again. I guess we are in cord coalition— sions: agreement. I am pleased to hear them More than 93 percent of the budget and keeping it in balance is critically impor- actually state it that way. reductions in entitlements have come tant, but balance ought not to be achieved principally on the backs of the poor. Every For the budget that means that the from programs for low-income people. program should be on the budget cutting discretionary annually appropriated The Congressional Budget Office esti- table. No programs, groups or special inter- programs, including those public in- mates that legislation enacted during ests should be exempt or get a free ride when vestment activities for a society—it the 104th Congress reduced entitlement the budget is being balanced. But neither quite simply means the poor. programs by $65.6 billion from 1996 to should the needy be singled out to bear a dis- Now the quote: 2002. Of that, almost $61 billion out of proportionate share of the load. As David Stockman observed a decade ago, the $65.6 billion comes out of low-in- They go on to say—this is the Con- politics triumphs over policy in seeking out come entitlement programs, the larg- cord coalition, I say to my colleagues, weak clients rather than weak claims. est reductions in the supplemental se- committed to deficit reduction. The This amendment asks us not to let curity income program and programs Concord coalition goes on to say, under politics triumph over policy. This for the elderly and the poor. the able leadership of Senator Rudman amendment asks us to seek out the Please remember, I say to my col- and Senator Tsongas, who passed weak claims, not the weak clients. leagues, that one out of every five chil- away—a real loss for our country—the This amendment says we go on dren in America today is poor. Mr. Concord coalition goes on to say: record that when we balance the budg- President, I read an article the other Even though the 104th Congress, which et, we will not cut disproportionately day with great interest of how you, as passed the laws, and the President, who those programs that affect the health the Senator from Missouri, have signed them, did not plan to target deficit care, nutritional and educational sta- teamed up with other Senators, like reduction efforts on programs affecting low tus of poor children. We ought to have Senator COATS, and you have your own income people, that was nevertheless the re- sult of both actions that were taken and 100 Senators voting for that. We can go commitments to really not turning our forward to balance the budget. We can gaze away from the concerns and cir- those that were not. (Mr. ROBERTS assumed the chair.) go forward with deficit reduction. But cumstances of one out of every seven given the way we did it in the last Con- Americans, many of them children, but Mr. WELLSTONE. Mr. President, gress, and the evidence, I must say to you are committed to doing something. there is another interesting statement my colleagues, it is irreducible and ir- We might have different ideas of from the Committee on Economic De- what to do. I think that is commend- velopment. By the way, I would like to refutable that we ought to at least able, and I know you well enough to congratulate the business community make this commitment. know that you have that commitment. in our country. The Committee on Eco- Mr. President, the Washington Post What I am worried about is deficit re- nomic Development over and over and in an editorial written today had this duction based on the path of least po- over again, over the last several years, to say: litical resistance, because I think that have said, from the point of view of The balanced budget debate is only in part is exactly what we did in the last Con- economic performance for our Nation, what it purports to be—an argument over the deficit, savings, growth, and the shifting gress. That is to say, we are afraid to we must invest in the health, skills and of cost to the next generation. It is also a take on powerful interests, so, instead, intellectual character of our children. sharp debate over social policy, conducted in what we do is we go after the people We must do that. fiscal code. If you decide to balance the who are not the heavy hitters, who are I quote, as a part of a letter that was budget, the question immediately becomes, not the big givers, who are not well written November 26, 1996, by the sen- at whose expense? The budget is by its very connected, and those people, all too ior vice president and director of re- nature a redistributive device. On balance, it often, in the Senate are voiceless and search of the Committee on Economic tends to move money from people who are they are faceless and they are power- Development: better off to those who are not. If you narrow the deficit, will it end up doing more of that, less and they are disproportionately Second, in an unfortunate surrender to less or about the same? poor children in America. misplaced ideology and political opportun- I hope my colleagues will at least ism, our leaders in both political parties This editorial goes on to make the support this amendment. If this passes, have increased the magnitude of the financ- argument that if we are going to do it, it happens one time. Let’s get it right. ing problem by insisting that tax reductions we ought to do it on the basis of a If we are going to lock ourselves into be included in their balanced budget plans. standard of fairness. We did not do that balancing the budget and deficit reduc- That was their view. By the way, I in the 104th Congress. tion, let’s lock ourselves into humane think we are going to have to look very This amendment asks the U.S. Sen- and fair priorities that we are not closely at some of those budget propos- ate, in the 105th Congress, Democrats going to disproportionately cut pro- als. My understanding is the Joint Tax and Republicans, to go on record that grams that affect the educational and Committee, in projecting the majority if we are going to balance the budget, nutritional and health care status of party’s tax cuts over the next 10 years, we are not going to do it on the basis children. has identified close to $500 billion in of the path of least political resistance Mr. President, other than entitle- the first 5 years more targeted toward and not going to go after weak clients. ments, 34 percent of the reduction in middle-income people and the second 5 We are going to go after weak claims. nondefense programs that are not enti- years more targeted toward wealthy, And we are not going to end up passing tlements came from nonentitlement high-income people. budgets that disproportionately cut programs for people with low incomes. What is going to be the offset? Cuts programs that affect the health, nutri- Those low-income people programs ac- in the nutritional and educational and tional and educational status of poor counted for only 21 percent of overall health care programs for poor children children in America. funding, but they were disproportion- in America? If that was the case, that If I were to get 100 votes, I would feel ately cut as well. would be unconscionable. If there was like I have died and gone to Heaven. I S1158 CONGRESSIONAL RECORD — SENATE February 10, 1997 really would. I am so hopeful that my two children of color are poor. Unfortu- Mr. President, let me talk a little bit colleagues will vote for this amend- nately, we cannot turn our gaze away about the WIC Program. It was estab- ment. from this reality, a strong convergence lished as a pilot program in 1972 and it Mr. President, in an interesting poll between poverty and race and gender was made permanent in 1974. It is ad- result, the Committee for Education and children in America. ministered by the U.S. Department of Funding points out that whereas there I am asking us to go on record to be Agriculture. Who is eligible? Pregnant is support for the constitutional for fairness in how we do this deficit or postpartum women, infants, and amendment to balance the budget—and reduction. children up to the age of 5 are eligible. there is. I have been opposed to it. You Mr. President, let me give a few ex- Mr. President, how many people does it have to ultimately follow your convic- amples of the kinds of programs that I serve? More than 7 million people get tion and vote for what you think is am talking about when I say that we WIC benefits every month, and partici- right or wrong. Senator HATCH clearly should go on record that we will not pation has risen steadily. Children are takes another position, and he votes disproportionately cut these programs the largest category of WIC recipients. his conviction. No one would ever say that affect the nutritional health and Of the average 6.89 million people who otherwise. educational status of children. received WIC benefits each month, 3.5 Let me start out with the Women, In- But it is interesting that public opin- million were children, 1.8 million were fants, and Children Program. Let me ion polls show—according to the Com- infants, and 1.6 million were women. mittee for Education Funding—that 90 make a point with my colleagues, be- Mr. President, this is a program that cause sometimes I am going to give a percent of Americans support main- is a huge priority or should be a huge lot of examples. I am going to talk taining or increasing Federal support priority for this Senate. It is a success about women and children. I want to for education. When directly asked if story. Sometimes we harp on the com- translate these statistics into personal they would support a balanced budget plexity of it all like we do not know terms. constitutional amendment that re- But, first, as a teacher, I think I have what to do. I am in agreement with duces funds for education, nearly 70 said it before on the floor of the Sen- every single Senator that says some of percent disagreed. So this amendment ate, but I want to say it again. I was a these Government programs ought to just asks us to be clear about how we college teacher for over 20 years. I have be reevaluated, some of them do not intend to do this. been in a school in Minnesota probably work well. But from the point of view Mr. President, just a little bit more about every 2 weeks ever since I was of decency, of fairness, of justice, of context. I am going to get a chance to elected. It is just crystal clear to me saving money—what is the figure? For speak on this amendment today, and that the most important educational every $1 we invest in the Women, In- then I guess we will go back to the program in the United States of Amer- fants, and Children Program, it is $3 Durbin amendment and tomorrow get a ica—you know we talk about higher less we spend in medical assistance chance to speak and then have a vote. education. I was a college teacher. It is later on. We are, as I said the other day on the a big issue. It cuts across affordable WIC is a huge success story. The floor of the Senate, in many varied higher education, cuts across a broad Women, Infants, and Children Program ways a model for much of the world. I section of the population that people reduces fetal deaths and infant mortal- mean, we should be so proud of our are very focused on, and it should be. ity. WIC reduces low birth rates and in- country, the diversity of our country, But as a matter of fact, I think the creases the duration of pregnancy. WIC so proud of our economic performance, most important educational program is improves the growth of at-risk infants so proud of our leadership in the world, to make sure that every women who is and children. WIC decreases the inci- so proud, I think, of really helping to expecting a child has an adequate diet, dence of iron deficiency anemia in chil- create a world where we no longer have rich in vitamins, minerals, and protein. dren, improves the dietary intake of to think so much about a nuclear war It is just a fact. It is just a fact. The pregnant and postpartum women, and that could be the end for our children evidence is irreducible and irrefutable improves weight gain in pregnant and grandchildren. But there is at least and it is medical evidence. If we do not women. Pregnant women participating one way in which we are not a model, make sure that every woman carrying in the Women, Infants, and Children one area in which I think in recent a child has an adequate diet, all too Program receive prenatal care earlier. years we have been moving in the often her child will be born severely I think, Mr. President, about every 2 wrong direction. And that is in fulfill- underweight, her child will be born minutes in America a child is born to a ing our national vow of equal oppor- with an impairment that may mean woman who had no prenatal care. Chil- tunity. That kind of national commit- that no matter what we do in our pub- dren enrolled in WIC are more likely to ment is in need of refurbishing and re- lic schools, that child will never have have a regular source of medical care newal. the same chance as probably all of our and are better immunized. Children I bring this amendment to the floor children, Senators’ children, or grand- who receive WIC benefits demonstrate because more than 35 million Ameri- children. It is the essence of the Amer- superior cognitive development. WIC cans are poor. That is one out of every ican dream. It is the goodness of our significantly improves children’s diet. seven citizens. In 1994, of poor children country, for us to say that every child, WIC is cost effective. under the age of 6, nearly half lived in no matter what race or gender or in- I am just asking my colleagues to families below half the poverty line. come of family, will have the same op- make a commitment that we will not That figure has doubled over 20 years. portunity to reach her full potential or disproportionately cut this program as The number of people who work and his full potential. That is what my fa- we move forward to balance the budget are poor and work full time, 52 weeks a ther, who was a Jewish immigrant because in the last Congress we dis- year, 40 hours a week, and still are from Russia, taught me about our proportionately made cuts in programs poor has dramatically increased as country. That is the greatness of our that affected those citizens who did not well. country. It is not too much for me to have the political clout here, who did Mr. President, minorities are poorer ask my colleagues to go on record that not give the big dollars, who are not than the rest of Americans. African- in balancing the budget we will not the heavy hitters, who are not the well Americans are close to 30 percent, His- make any cuts in the most important connected. This is a distorted priority panics at a little over 30 percent, and educational program, the Women, In- if we at least do not make a commit- female-headed households are even fants, and Children Program. ment on behalf of these children. poorer, and 44.6 percent of the children In 1996, Mr. President, WIC provided Mr. President, I will give some exam- who live in such families are poor. In assistance for 7.2 million women, in- ples from the Women, Infants, and 1994, almost half of all children who fants, and children. That was about 60 Children Program, but I want to first were poor in America lived in female- percent of the eligible population. of all call attention to my colleagues headed households. So what we have There are about 11 million women and to a special report in Time magazine here is one out of every five children children that are eligible. So, some February 3, 1997, ‘‘How a Child’s Brain poor, but it is getting closer to one out women and some infants and some chil- Develops and What It Means for Child of every four children. One out of every dren are left behind. Care Welfare Reform.’’ Mr. President, I February 10, 1997 CONGRESSIONAL RECORD — SENATE S1159 congratulate Time magazine for this sources, she immediately learned about saying, let us at least make a commit- issue. I really believe that we will see the Women, Infants, and Children Pro- ment that these programs are not the major change in how we think about gram which she says is the reason her programs that we disproportionately our priorities here as a result of the baby was born healthy and strong. Her cut. kind of research that Time magazine initial guidance from the WIC office in Mr. President, let me now move on reports on. Basically, if I had to sum- Reno, NV, taught her the basic nutri- and talk about the Head Start Pro- marize this whole issue, the conclusion tional information. I am just reading gram. Mr. President, the Head Start is as follows: If you do not make sure from this example. We have collected Program is a program that began, as I that women expecting a child have an stories from people around the coun- remember, back in 1965, or thereabouts. adequate diet, if you do not make a try. All too often we just speak in sta- It is a program which, in many ways, is commitment to these children when tistics here, or strategy or tactics. I not perfect, but it has lived up to its they are young, if you do not make want to try and translate this amend- title, which is that we do, as a Nation, sure that they do not have not only ment into personal terms as it affects just what the program says; we give adequate nutrition and adequate people’s lives. Every month Elaine at- children from some really difficult and health care, but if you do not make tended nutritional classes and received tough circumstances, from low-income sure that they do not have intellectual vouchers for items like milk, cheese, families, a head start. That is the good- stimulation, a nurturing and caring en- peanut butter, and beans. She said, ‘‘I ness of America, what we are about. vironment—and by the way, Govern- had no idea what I was supposed to eat Yet, Mr. President, in 1996, the Head ment cannot do all of that. The Presi- and what was right for my baby. The Start Program reached only 17 percent dent knows that. Much of that is up to public nurses were all so nice and help- of eligible 3-year-olds and only 41 per- the family. If you do not make sure ful, I never felt bad. They wanted me to cent of eligible 4-year-olds. In the Unit- that that does not happen, then by age have a healthy baby as much as I did. ed States, almost 4 million children are 3 for many of these children, it is al- I knew nothing about babies, like eligible for Head Start, because chil- most close to all over; certainly by age breast feeding and stuff. They taught dren 1 and 2 could be receiving or par- 5. me all that.’’ After Elaine gave birth to ticipating in this program. But it I think that what we are going to see a healthy boy, she would take him to served just over 800,000 of those over 4 and more of the concern that will come the WIC clinic where he was examined. million children. Roughly, 3.2 million out, and it will be compelling, if we do The same nurses who guided her children are not being served. not make the investment, if we do not through the pregnancies guided her The President’s budget proposal says do everything to make good things through the initial steps of child we will, by 2000, 2001, fund Head Start happen at the local and community rearing. Not only did she learn the ba- for another 1 million children. I still level, and realizing people need re- sics of taking care of her son, but she don’t understand how we can make the sources to make sure that for these continued to receive financial assist- collective decision not to fully fund it. children we invest in the intellect and ance. Says Elaine, ‘‘The formula cost How do we explain to people in the the character of these children, or $160 a month and I did not have it. WIC country, or more important, how do we many of them will therefore not make gave it to me, and I’m not sure what I explain to children? it. What a waste that would be for our would have done without that help.’’ Jonathan Kozol—and I recommend Nation. Eventually, Mr. President, Elaine re- Jonathan’s work—wrote a book called Mr. President, I have said before on turned to her office job at a rate of ‘‘Amazing Grace: Poor Children and the floor of the Senate and today is my $9.60 an hour, and she was no longer eli- the Conscience of America.’’ He wrote day to try and give this context be- gible for WIC, and she should not have another book called ‘‘Savage Inequal- cause I think so much of politics is per- been. She now lives independently with ities: Public Education in America.’’ sonal, I have learned so much as a her son. ‘‘WIC saved me. I really don’t His writing is so powerful. In an article grandfather. Because our children are know how I would have survived. It he recently wrote for a journal called all older and we had our children when helped me survive on an emotional Tikun, a very interesting journal, he we were very young, I forget what it level and with finances. I was really writes at the end: was like. Now when we have the grand- surprised. I always thought these kinds Millions of children in sequestered neigh- children over, I have said on the floor of programs were for ‘low-lifes,’ but borhoods, like the South Bronx, do not know of the Senate before, you take a 2-year- they were a lot like me. I just had hard what they have the right to hope for. Their old and you watch him or I watch our luck and needed help. I got it.’’ And eyes ask questions that you and I and all of granddaughter, it is amazing. Being in Elaine’s son got it. That is the dif- us have yet to answer. the same room, in the same house, and ference between Elaine’s son having a Their eyes ask questions that, as every 15 seconds they find something really what we would call successful Senators, we have not answered. One of interesting and new. The President is and full life versus what might have those questions is, how can a country, smiling. He may have seen the same happened to her son if she had not re- how can a Congress, that purports to thing. What is going on is that these ceived this assistance. love children do so precious little to small children are experiencing all the Is it too much for me to ask col- help some of the children that are the unnamed magic of the world that is be- leagues to go on record that we will most vulnerable citizens with the fore them. We ought to ignite that not disproportionately cut the Women, direst need? spark for all of our children. We do not Infants, and Children Program? Really, Mr. President, across the freeway want to pour cold water on that spark, we should not cut it at all. This amend- from the comforts of Disneyland is a and we have, for too many children. ment doesn’t even ask us to do that. housing division, a stone’s throw from Actually, it does not make much of a Actually, we ought to fully fund it the lavish and affluent hotels that difference whether it is my grand- now. I don’t understand some of these serve tourists. In a corner apartment children or anyone else’s grand- proposals here in Washington—some lives Rene, a lively, exuberant, and children, they are all God’s children. I from the White House. When we don’t bright 8-year-old. She is in the second think it is time for us to move beyond actually fully fund some of these pro- grade where she is doing well in school. symbolic politics and it is time to stop grams, I don’t know exactly how we In fact, every morning Rene runs to giving the speech and having the photo figure out which children go without school excited to learn. Too many of opportunities next to the small chil- health care, which children go without our children are running into the arms dren unless we are willing to make an the nutritional help they need, which of police, rather than into the arms of investment. children are not in the Head Start pro- parents and teachers. Mr. President, at 23 years old, Elaine grams. Who makes that decision? We We pay a price for not investing in became pregnant and soon after she know how we can make a difference our children. We pay a price for not in- was laid off of her $9 an hour office job. and be helpful. We have some proven, vesting in poor children in America. Since she was pregnant she had dif- credible programs that have worked, Rene attended two years of Head Start, ficulty finding another job. She did that are key to children, key to what which, according to her mother, was ‘‘a find one at $6 an hour. With little re- we are about as a country. I am just Godsend.’’ At Head Start, Rene learned S1160 CONGRESSIONAL RECORD — SENATE February 10, 1997 the fundamentals of schools, such as program, it was too far for his grandmother people. They don’t believe they are her colors, the alphabet, and writing to take him. Instead, Marcus stayed home, going to be lawyers. They don’t believe her name. More importantly, Rene and sometimes alone, while his grandmother they are going to be architects. They her family learned about school. For worked. Marcus is conspicuously behind his don’t believe they are ever going to be classmates. While his classmates scurry Rene, learning about school at Head around the teacher to be read to, he had not Senators or Representatives. None be- Start meant more than academics. It yet held a book or had ever been read to. lieve they will ever be President. They meant her mother learned about nutri- Marcus does not even know how to write his have none of that hope. It is gone. tion and eating right. It meant her name. Can’t we make a commitment as a mother learned how to interact with Let me pick up on that. Senate knowing full well the impor- and talk to teachers. Her mother He had not held a book, and he had tance of family and community? But learned how to prepare Rene for school, never been read to. Why don’t we go on can’t we at least get some resources for things like clean clothes and breakfast. record, in all of this haste to balance the communities and neighborhoods It meant her mother learned about the budget, that we will not balance and families so that we can support our reading to Rene. It meant her mother the budget on the backs of poor chil- children? learned that Rene needed a structure, a dren, and we will not make cuts which I will tell you something. I am abso- set time to eat dinner and to go to bed. would make it impossible for a child lutely convinced that when historians Head Start taught this. Learning about like Marcus to have a book read to him write about this time period of the dec- school meant Rene learned to interact in a Head Start Program? ade of the 1980’s moving into the dec- with her peers. She learned about shar- There are a lot of homes that do not ade of the 1990’s, the ultimate indict- ing. She learned how to listen, how to have any books at all. I read some- ment of our country will be the way in take directions. Rene learned about where that one of the factors that most which we have abandoned our children curling up and being read to. She even explains how well children do in school and devalued the work of adults who learned to brush her teeth. Rene, Mr. is the number of books that are in the work with those children. Think about President, represents one of the many home. Mr. President, there are many it for a moment. children who have benefited from Head homes where the parent or parents I am not off the topic. I love to take Start. Said her mother, ‘‘Before Rene can’t afford any books. I would just my grandchildren to the zoo. But if you got in this program, I knew nothing suggest to my colleagues that one of work at the zoo, you get paid twice the about what she needed. I was kind of the most important things we could salary, twice the wage, that a woman scared for her to go to school. I didn’t ever do is to make sure that children or a man makes working in a child care do so good in school, and I was getting have access to those books or that center. We pay people who work for the ready for the same with her. Her teach- someone can read those books and nur- zoo twice as much money as we pay ers cared about her and me. They want- ture those children and stimulate those men and women who work with chil- ed to work with us, too. I knew they children. dren. What in the world does that say? cared.’’ Peter Hutchinson, superintendent of When I was a teacher at Carleton Remember, Mr. President, that the schools in Minneapolis, made an excel- College in Northfield, MN, I would Head Start teachers who did so much lent suggestion that I am going to try meet students, and they would say, ‘‘In for Rene and began her on the path to out speaking at the legislature next all due respect, we do not want to be school success earn about $17,000 a week speaking about children. Peter college teachers. We want to work with year. Also, keep in mind that for every Hutchinson, Mr. President, said some- these children when they are young, 1, Rene that benefited in Head Start, two thing that I think is appealing to you; 2, 3, or 4 years of age, because we know are turned away. For every Rene that a wonderful voluntary effort. He said, that is such a critical time.’’ But many benefited in Head Start, two are turned ‘‘You know, PAUL * * *’’ and he has of them would then go on and say, away. two teenagers—‘‘we have all of these ‘‘But we can’t. We can’t support the I am asking Senators to make a com- wonderful children’s books in the home family. We would make $6 an hour with mitment with this amendment, in an but the children are older now. Why no health care benefits.’’ up-or-down vote, that we will not, in don’t we get those books in the other What are we saying? Let us dig into balancing this budget, disproportion- child’s home? Let us get those books our pockets. Let us not spend money ately cut programs that affect the edu- out of our homes. Let’s get book- on wasteful programs. Let us cut. Let cational, health care, or nutritional mobiles and get them into the homes of us balance the budget. Let us be fis- status of children. WIC is one example, those children. And let us get them to cally responsible. But, please, let us and the Head Start Program is an- those Head Start Programs and make make a commitment with this amend- other. I don’t think that is too much to sure that all of our children get that ment that we are not going to balance ask. stimulation.’’ the budget on the backs of poor chil- Marcus, a shy and quiet first-grader, That is what I am talking about dren. Please let us invest in certain finds himself in the principal’s office today. areas of life in America, starting with for the third time in a week. According Marcus did not know how to write his our children. to his teacher, Marcus is either over- name nor did he know how to recite the al- Marcus’ teacher said: agitated, annoying other students in phabet. In a phrase, Marcus is not a part of I just don’t know what could be done for class, or else listless and disinterested the culture of the school. He did not come to him. I know that he needs a lot of one-on-one in the tasks at hand. Marcus usually school ready to learn. Marcus’ teacher is attention and love, but I just do not have the doesn’t understand what is happening concerned and anxious about him. He is far time or the resources. Every day I feel him slipping, and, frankly, it breaks my heart. in class. He does not yet know all of his behind his classmates, and she has little, if any, time to help him catch up. As weeks He is a good boy and a smart boy. I feel as colors, his numbers, or the alphabet. progress, he falls further behind and is more if he is being punished for what we did not do Though many of his classmates attended a frustrated. Already Marcus hates school and for him. I am worried that he will always Head Start Program and learned the initial learning, counting the days until summer hate school and suffer until he can leave. He steps toward understanding school and learn- vacation. He knows he is different. He knows tries so hard. Sometimes I want to cry. ing, Marcus did not. He represents one of the he does not understand but also knows there 1.2 million children who, though eligible, That is what this debate is all about. is not much he can do. could not participate in the Head Start Pro- It is about people. It is about children. gram. Here is a child who is utterly de- I say to my colleague from Utah that Mr. President, in Minnesota, my feated. I meet children. I travel the I really believe there can be 100 Sen- State, only 40 percent of the children State. I travel the country and I meet ators voting for this. I am not bringing who are eligible for Head Start have with children who are age 10, age 8, this amendment to the floor because I access to it. In other States it is much who can’t look me in the face, who want to point the finger at other col- lower. look down. They have no confidence. leagues. I am not bringing this amend- The program near his home was full. Not They don’t believe they are going to be ment to the floor to force an embar- only was it full but there was a year waiting teachers. They don’t believe they are rassing vote. I am bringing this amend- list when Marcus’ grandmother tried to sign going to be doctors. They don’t believe ment to the floor in good faith and in him up. Though there was room in another they are going to be successful business good conscience really hoping that my February 10, 1997 CONGRESSIONAL RECORD — SENATE S1161 colleagues will support it because, oth- children in America, are without any child saves between $3.40 and, some erwise, I will just tell you, given our health care coverage at all, and I think say, $16 in direct medical costs, and it track record of deficit reduction based that close to about a million children a goes on and on. In every other ad- on the path of least political resist- year have been dropped from coverage vanced economy children get better ance, we are, with this constitutional because actually more and more people health care coverage than in America. amendment to balance the budget, are getting dropped from employment- So, Mr. President, here we have chil- going to lock ourselves into very stoic based coverage, or what has happened, dren with undiagnosed vision problems priorities, and we will make these cuts, employers will cover the adult but they who do not get glasses and do not even and I believe in the absence of some do not cover the children. see the blackboard. We have children commitment, we will make cuts in It used to be that people could get who suffer from asthma, we have chil- these very programs that affect these coverage for everyone in their family. dren who have ear infections and can very children. Who are these 10 million uninsured suffer hearing loss, we have children By August of 1996, in West Monroe, Louisi- children? Nine in ten, 88 percent, have who are in pain and discomfort and ana, there was already a waiting list for parents who work. Nearly two in three, have trouble concentrating, we have Head Start for August 1997. Zora Cheney has 64 percent have parents who work full children who are not treated early for been a Head Start teacher there since 1965. time. These are children of working lead paint poisoning and these children She was there at the very beginning. Not poor families. More than three in four, can suffer permanent mental retarda- only does she see the need for it, but she 77 percent, are white. Sometimes we do lives the success. According to Zora, without tion, and we have 10 million children in Head Start the lives of many children would a little bit too much by way of stereo- America who are uninsured. be in words ‘‘a disaster.’’ typing and always assume we are talk- Given this shameful statistic, is it I visit Head Start programs all across ing about African American people or too much to ask my colleagues to Minnesota. Another outstanding fea- Hispanics. Two-thirds live in families make the commitment that in our ef- ture is parental participation—high- with income above the poverty level, fort to balance the budget we are not participation parents—in meeting with and more than three in five, 61 percent, going to make any disproportionate the teachers and in talking about the live in two-parent families. Each year cuts that affect the health care status children. This program is a really im- since 1989—this was the statistic I was of poor children in America? We are portant investment in poor children. struggling for—900,000 fewer children not doing near enough right now. on the average have received private That is all this amendment does. I We get kids here, so many kids here, that need us and would not endure later school coverage. am fearful, on the basis of what we did years without it. I have seen some kids who I think actually it is real important in the last Congress, that when push come in, and it is obvious they are not cared for me to make this point about what comes to shove, we will not have a defi- for enough and that the home family needs this amendment is talking about and cit reduction plan locked in by this help. While Zora’s program emphasizes the also some of the legislative initiatives constitutional amendment to balance traditional things that we discuss with Head that will be taken in this Senate in the the budget based upon a standard of Start, like building on language, learning 105th Congress. We are talking about fairness, that we will embark upon shapes and colors and developing social working poor families. We are talking once again deficit reduction based upon skills, it does so much more. Says Zora, ‘‘We about people who are not old enough are concerned with everything about that the path of least political resistance, child. We want the parents to learn how to for Medicare, and even if, by the way, and those Americans who will dis- feed them, how to dress them, how to parent you receive Medicare in my State of proportionately be asked to sacrifice them.’’ She continued, ‘‘I have had children Minnesota people do not have prescrip- are the very Americans who cannot come to school, and I know they have been tion drug costs covered and elderly tighten their belts any longer—poor sleeping on the floor. I know they need so people still live in terror of cata- children in America. This amendment much at home. We work with other groups. strophic expenses if they are no longer goes to the very heart of who we are We refer the families to get things like fur- to stay at home and the nursing home and what we are about. niture and doctor appointments.’’ When costs, or we are talking about families asked the most significant contribution that I do not know. My colleague from Head Start in West Monroe, Louisiana has that are not poor enough to qualify for Utah may speak to this. Maybe there is made to the community Zora replies, ‘‘For medical assistance. They fall between a strategy on the other side—not the many its the first place that they feel safe.’’ the cracks. They work, they work hard, other side as if we are not friends, but I have other examples that I will go they are barely above the poverty-level we have majority party and minority through tomorrow, but I just wanted to income and they are not fortunate party. I am in the minority party—to give some examples of some children, enough to have an employer that pro- basically vote against all the amend- and I am going to be doing this over vides them with health care coverage. ments. I hope not. And one more time, and over and over again, actually So their children are at risk. These I really hope that we will have an up- thanks to the people in Minnesota—I families live paycheck to paycheck. or-down vote on this amendment. I in- am just going to bring to the floor of What does this translate into? More troduce this amendment with respect the Senate the lives of children so that than half of uninsured children with for colleagues. I think it speaks to a we can get some votes on their behalf asthma never see the doctor during the terribly important matter. I really because I will tell you something. For year. More than half of uninsured chil- hope that people will vote for it. I real- example, the Senator from Utah—and dren with asthma never see the doctor ly believe most Senators agree that this is not meant to challenge him—on during the year. Many of these asth- these are not the areas where we are these children’s issues he is effective matic children are hospitalized with going to make disproportionate cuts. I and he is a powerful Senator for chil- problems that could have been pre- really think most Senators agree. dren. I know that. So I do not feel like vented. One-third of uninsured children Mr. President, I will speak more to I am spitting in the wind when I come with recurring ear infections never see this amendment, but for right now I out here to speak or I do not think I the doctor. Many suffer permanent yield the floor. make a mistake with this amendment. hearing loss. Children with untreated Mr. HATCH addressed the Chair. I am just trying to get my colleagues health problems are less likely to learn The PRESIDING OFFICER. The Sen- to make this commitment because I in school. If you have an ear infection, ator from Utah is recognized. know so many of them care so deeply if you suffer permanent hearing loss, if Mr. HATCH. Mr. President, I wish to about children. you are not treated for asthma, if you express my regard for the distinguished The amendment says we make a com- do not have dental care, if you come to Senator from Minnesota. He is very mitment that we will not put into ef- school with an infected tooth, with a sincere, and he always means well, and, fect disproportionate cuts in programs tooth with an abscess and you cannot frankly, I care a great deal for him. that affect education—I talked about even get dental treatment, you are not Having said that, I do want to point that—nutritional and health care pro- likely to do as well in school. out that this is a constitutional grams for children. Mr. President, it will actually save amendment we are talking about here, According to the Childrens Defense money when we invest in children. and I need to take just a few minutes Fund, 10 million children, one in seven Each dollar invested to immunize a to respond to some of the comments S1162 CONGRESSIONAL RECORD — SENATE February 10, 1997 that my friend and colleague, Senator we need to pass the balanced budget They always have and they will. I have WELLSTONE, has made. amendment. It is the only hope for our to admit, I wish there was more money Let me begin by saying that I do not children. for these programs. I wish I could do know of any other Member of this body One of the things that is difficult for more for those programs. But the best more genuinely concerned about the me to understand is why some would thing I think I can do for them is pass children in this country and particu- argue or assume that exempting cer- a balanced budget amendment that larly those in poverty, unless it is my- tain programs from the balanced budg- puts the fiscal responsibility into this self. He works hard for these unfortu- et regime would somehow save or help system. nate people, these unfortunate kids, as those programs. Just the opposite is Look, what do they leave under the do a lot of us, and I give him credit for the case. If there is a program worth balanced budget amendment? Nothing? that. When Senator WELLSTONE speaks preserving, and I suggest those pro- That is what it all comes down to. on these issues, he speaks from his grams are, we ought to make sure These kind of amendments tug at the heart, and we all know that. Regard- these programs are funded responsibly heartstrings of all Americans, and they less of the differences on this amend- and not with rubber checks. What is try to make those who sponsor the bal- ment, you still have to give him credit the point? Exempt a program from the anced budget amendment look mean. for that. budget so it would be allowed to go But the truth is, if you really care Having said that, Mr. President, the bankrupt on its own? Is that what the about children, senior citizens, and dis- efforts to try to help children by ex- point is? That is simply the kind of aster victims, you will vote for the bal- empting programs that affect them reasoning that has led us to a $5.3 tril- anced budget amendment. You will from the balanced budget amendment’s lion national debt, going to $5.4 trillion vote for a Federal Government with purview will have precisely the oppo- in the next couple of months. the fiscal strength to be there for site effect. As a matter of fact, we are Mr. President, several self-pro- them. You will vote for a balanced throwing their future away unless we claimed liberals are making these budget amendment because, without pass this amendment. We are saddling points as well as myself, notably Rep- that, you will never be able to protect them with historic debt that literally resentative JOSEPH KENNEDY, among these programs and these people. And is going to cause them to spend the others, the Representative from Massa- you will vote for a balanced budget rest of their lives working to get out chusetts. They have become staunch amendment without loopholes such as from under the debt that we in our gen- supporters of the balanced budget the distinguished Senator from Min- eration are leaving, or should I say the amendment. JOE KENNEDY is one of nesota is sincerely advocating here, be- past generations because it is more them because, as a self-professed lib- cause everybody deserves a balanced than just our generation. eral, he believes and other liberals be- budget amendment. I hope we reject The Senator has circulated a new lieve, who are supportive of the amend- these amendments and pass Senate section 8 that would become part of ment, that balancing the budget is the Joint Resolution 1 as it is before us. this amendment if it was passed. Let us only way to protect and preserve the Additionally, I am not clear on the have no illusions. Senator WELLSTONE, worthy programs for the needy. We are effect of the amendment of the distin- the distinguished Senator from Min- not doing anyone any good by bank- guished Senator from Minnesota. This nesota, is not going to vote for this rupting the Government and spending Wellstone amendment states that it is constitutional amendment no matter an increasing amount on interest on the policy of the United States that, in what happens, even if we accepted this debt. Representative KENNEDY last achieving a balanced budget, there section. But we could not, because this week suggested that interest was the should not be disproportionate cuts to section says: primary villain, crowding out good so- poor children’s programs. What is this, It is the policy of the United States that, cial spending programs. Imagine what a sense-of-the-Constitution resolution? in achieving a balanced budget, Federal out- we could do with the hundreds of bil- Is that what we put in the Constitu- lays must not be reduced in a manner that lions of dollars we spend on interest tion? I don’t think so. disproportionately affects outlays for edu- every year? I know it is not intended as an insult, cation, nutrition, and health programs for No, the way to ensure the preserva- but it kind of is, in a way, by suggest- poor children. tion and stability of critical programs ing we are not going to do right by our He has circulated a whole number of and help the most needy in our society children. The distinguished Senator amendments exempting the Women, is to foster fiscal integrity. This is not says we are not doing right now by our Infants, and Children Program, a pro- the first time we have seen an amend- children because there is just not gram I support, Head Start, a program ment that sought to carve out a loop- enough money. I can agree with that. I I support, and education positions hole in the balanced budget amend- can agree I wish we had more money, I which I support. His current amend- ment, nor will it be the last. But I wish we could solve every social pro- ment exempts, as it says here, outlays would like to ask my colleagues to con- gram there is. But no nation on Earth for education, nutrition and health sider what the balanced budget amend- has ever completely solved them, and programs for poor children from dis- ment would look like if we really did certainly no nation that is not fiscally proportionate cuts. exempt all of these different parts of responsible. And ours is the most fis- If we care about children in this the budget because we like some parts cally responsible Nation in the world, country—and I know we do; I don’t better than others. Anything affecting or at least it has been up to the last 60 think there is a person in the Senate children, gone; seniors, gone; invest- years. who would not say that he or she ments, disasters, all manner of social In the last 60 years—in just the last cares—the most important thing we spending, all gone from the amendment 28 years, we have had 28 straight unbal- could do is pass this balanced budget if these folks have their way. So what anced budgets that are demonstrated amendment. Without it, it is our chil- is left? What would those who propose by this. We have two piles here, one be- dren and our grandchildren who will in- this barrage of exemptions and loop- hind the other. It would be a lot higher herit the legacy of these astronomical holes leave under the balanced budget than double my size if we put the other debts, and they are going up by leaps amendment? Absolutely nothing. And pile on top of this one. These are unbal- and bounds. It is our children and everybody on this floor has some favor- anced budgets over each of the last 28 grandchildren who will be called upon ite program, that is what has led us to years. That is only part of it. We have to pay the price for our years of prof- this morass and this mess. We all only balanced the budget 8 times in 66 ligacy, and they will pay that price would like to save something. We all years. No wonder we cannot do enough with higher taxes, higher interest would like to do something. for our children. No wonder we do not rates, fewer jobs, and economic insta- I have to say, it is pretty hard to have the money to take care of these bility. Thus, the amendment that we fight against children’s programs. I social needs. It is going to get worse must support in order to save the chil- don’t know anybody who wants to do and the people who are going to get dren is not one which would gut the that, and if they have to compete, they hurt the most are children. balanced budget amendment. To ensure will compete very well and respectably Look at Social Security. When I talk the well-being of future generations, for their share of the Federal budget. to seniors, there are those who want to February 10, 1997 CONGRESSIONAL RECORD — SENATE S1163 take Social Security out of the purview is going to come from somewhere, that the Senator from Utah might of the balanced budget amendment, which is about the attitude we have make to defeat an amendment. and that will be one of the big votes on had around here for the last 60 years, He does have an absolute right, as this amendment. I talk to seniors. and certainly for the last 28 years, any of us do, to move to table at some They are concerned about children, every year we had an unbalanced budg- appropriate time. I hope he will allow too, and they are concerned that most et. And in current years, where we said enough time, of course, for debate, but all the social spending now is going to- this is a balanced budget for the first he does have that right. But the vote wards seniors, and very few dollars are time—give me a break, not one of them on that motion to table should be going to children. Part of that is be- has been and nobody has thought any viewed as if it were a vote on the mer- cause we do not have a fiscally respon- would be. its. sible Congress that has to try and I have to tell you, I think it is going I further ask the distinguished Sen- divvy up the money so they work in to be a budget charade this year as ator from Utah how much longer he the best interests of all Americans. well. The President’s budget, according will take. Now, we have had a Congress that to CBO, is already $66 billion in debt, Mr. HATCH. I will only be a minute. just said, ‘‘Just keep borrowing and and the budget will be balanced in the I will say this, I agree with the Sen- just keep spending and you can just year 2002, that is assuming current in- ator. The fact we move to table an keep doing that ad infinitum, forever.’’ terest rates, that is assuming current amendment doesn’t necessarily mean We all know that is not the case. Our rosy scenarios, that is assuming we the substance of that amendment or priorities do shift from time to time. continue to have no minor or major re- the substance of that vote should be ig- Again, I get back to the Wellstone cession. All of those things are ifs. nored. It is just a procedural way of amendment, is this a sense-of-the-Con- We should reject this and similar handling the matter that I think we stitution resolution? What does ‘‘dis- amendments and pass the balanced are going to have to do in an orderly proportionate’’ mean? My gosh, do you budget amendment that will lead a way. But I think the vote will still realize what constitutional authorities stronger future for our children and mean who voted for it and who voted would do with a word like that? What grandchildren away from bankruptcy against. I always felt that way. I don’t does that mean? Does this limit across- and debt, which is where we are headed have any problem with that. I also would just like to say that I the-board budget cutting? Is that what if we don’t get smart and do what is don’t think there are any blood oaths it does? Our priorities shift from time right. To exempt anything from the around here either. I hope some Demo- to time, as we do the budgets. Congress budget is almost an insult to every- crats who have cosponsored and my fel- has to be free to allocate resources body who serves. It is an insult to ev- low Republicans will vote to sustain within a balanced budget rule. It has to erybody who serves in the Congress. the motions to table, but I don’t know be free to do that. We cannot write We are here to try and do what is of any blood oaths, nor do I know of something like this into the Constitu- right. I believe the distinguished Sen- any all-profound commitments that tion. ator from Minnesota, myself and oth- people have made. I just believe that How do we decide what is dispropor- ers, who similarly feel the depth of people know this game is about to tionate? To senior citizens, they might these problems, will be able to fight come to an end and that this is a think that spending on children is dis- very, very well for these particular chance to pass a balanced budget proportionate, rather than spending on items in the budget, but within a bal- amendment to put our fiscal affairs in them. To children’s advocates, spend- anced-budget concept. If we do that, I order, and that this is the last chance. ing on seniors is disproportionate to think we will have more money in the This involves both Republicans and what we should be spending on chil- end, more real dollars to help children Democrats who have worked hard to dren. We have to battle these things than we are going to have if we don’t come up with this consensus amend- out. That is what we are elected to do. pass this balanced budget amendment. ment in the best interest of our coun- But we need to do it within the con- So I hope that our colleagues will vote try. I understand there are different straints of a balanced budget amend- this down. sincerely held beliefs on this matter. ment so we really get down to the mat- Just so people will know right off the But in any event, I do not agree with ter of setting priorities. bat, I probably am going to move to my colleague. I happen to believe if we set prior- table every amendment that comes up. Mr. WELLSTONE. Will the Senator ities, the distinguished Senator from I don’t want anybody to feel badly yield for a moment? Minnesota will be right in there pitch- about it. We think that is the only or- Mr. HATCH. Yes, I yield. ing for the priorities of children, and so derly way to proceed. Mr. WELLSTONE. I know the Sen- will I. Mr. WELLSTONE. Will the Senator ator from Vermont wants to speak, and (Ms. COLLINS assumed the chair.) yield? then I will, after the Senator from Ver- Mr. HATCH. Madam President, I Mr. LEAHY. Madam President, if I mont speaks, respond to some of my think we will be able to win on this, to might make a comment to the Senator colleague’s points. I don’t understand, I the extent we have the votes to win it. from Utah. will say to my friend from Utah, he Furthermore, on this disproportion- Mr. HATCH. I will be happy to yield talks about tabling the amendment be- ate business, how do we decide which for a comment. cause this is an orderly way to do it. I programs affect children? Do we do it Mr. LEAHY. Obviously, he has his don’t understand why an up-or-down, on the basis of program title, or by sur- right, as any Senator does, to move to yes-or-no vote isn’t just as orderly. veying recipients to see the actual use table any amendment. What is the problem with an up-or- of the money? Is that how we do it? Mr. HATCH. That is what we have al- down vote as opposed to tabling? It is Madam President, it is pretty clear ways done. just as orderly. that if you put something like this in Mr. LEAHY. But I hope no person in The second thing—I guess it is less a the Constitution, you create more the public will be fooled by that. The question, and I don’t know if my col- problems than you solve. It’s pretty result is still going to be the same as league, who is a good friend, meant it clear that if you start advocating for an up-or-down vote would be. in this way—I don’t think this is a any one select part of the budget to be Madam President, the Senator from game. This is less a question than, I outside the budget, because you want Utah has virtually a blood oath from guess, a response. I don’t think it’s a that protected from budgetary re- the Republicans to vote against any- game at all. I don’t think it’s a game straint, that you are hurting every- thing that might try to protect Social to these children, and it is not a game body. It’s pretty clear if you prefer one Security, children, or anything else in to me. I just want to be clear about it. group over another, you’re going to this proposed constitutional amend- It is an amendment offered out of re- have a lot of conflict among groups. ment. So he would have the votes, I as- spect. It is an amendment that I be- If you do that, you darn well better sume, to win. But I hope the American lieve is profoundly important for our do it within a balanced budget con- public will not think this is a proce- country. It is an amendment I hope straint, so the people know what is dural thing. This is very much a vote Senators will support. It is not a game. going on, and not just think the money on the merits on any motion to table It is not a game. S1164 CONGRESSIONAL RECORD — SENATE February 10, 1997 Mr. HATCH. Madam President, it closer to a balanced budget each of the Many of us have shown that courage may not be to the distinguished Sen- last 4 years. over the last 4 years in bringing down ator from Minnesota, but I really be- We have seen, after the enormous in- the deficit. I am proud to be one of lieve it is time to pass a balanced budg- crease in deficits and the national debt those. I am proud to be one of those et amendment, and this is the context that grew up with Presidential budgets who voted against the economic plan in which this is in. throughout the 1980’s, for actually 12 that built up those huge deficits in the With regard to tabling, we have al- years, beginning in the early 1980’s first place. Because we are willing to ways done it and intend to table the straight through 1992, where we saw a cast specific votes is why I support the amendments if we can, and that is a tripling of the national debt—I do not amendment of the Senator from Min- right that we have. It is not meant to want to sound partisan, but I point out nesota, Senator WELLSTONE. hurt the Senator or his position, it is those were all Republican budgets and I share his strong commitment to just a matter of procedural choice, Presidents, Republican Presidents who keeping America’s children healthy which I—and I just want to make it got virtually every single thing they and strong. He has stated this not just clear up front—will probably do on all, ever asked for. In fact, the only appro- on the floor of this body but in individ- if not most all, amendments that come priations bill that President Reagan ual talks with Senators. It is a deeply before the body on this matter. ever vetoed—the only one—was one held view on his part. As one who has I realize the distinguished Senator that did not spend as much money as chosen to protect the lives of those in from Minnesota is very sincere, that he he wanted. Yet he had, with his budg- the next century, I share his view of would not bring this amendment to the ets, nearly doubled the national debt. that. I believe in strong families and a floor if he didn’t mean it and it wasn’t The debt had taken 200 years to build strong family structure in this coun- meaningful to him. I am not meaning up to the point where he became Presi- try. Families prosper only if their chil- to disparage his amendment at all, dent. Within 8 years he doubled it. It dren go the bed fed, not when their other than I think it would be a ter- was nearly tripled by the time his suc- children go to bed hungry. rible way of writing the Constitution, cessor, another Republican, finished of- Last Congress, we had this Contract putting words in the Constitution that fice. With America—or contract on Amer- would be almost impossible to define So we actually built up the debt dur- ica. It seems like deja vu all over and I think would, basically, gut the ing that time—we are spending over a again. If you read the fine print of that constitutional amendment. half a billion dollars every working day contract, as the Senator from Min- Even if we put it in, even if somehow just in interest on that. We would not nesota has, and the balanced budget or another we could find some way of have a deficit today had there not been plan in there, it repealed the School putting it in the amendment, I don’t so much debt built up during the Lunch Act that provides lunch to 26 believe we would have the vote of the Reagan and Bush administrations. million children. The Contract With Senator from Minnesota anyway. In the last 4 years, under President America legislation repealed the WIC To make a long story short, it is one Clinton, the deficit has come down Program, special supplemental nutri- of a long series of amendments that are every single year. No President, Repub- tion program for women, infants, and intended to defeat the balanced budget lican or Democrat, has done that in my children, that provides nutritious foods amendment, and I hope my colleagues lifetime. I think he ought to get some to 6.9 million women and children. will vote to table. credit for it. Now he has submitted an- That Contract With America legisla- Mr. LEAHY addressed the Chair. other budget that will bring it into bal- tion repealed the Food Stamp Pro- The PRESIDING OFFICER. The Sen- ance by the year 2002. gram, which is a nutritional safety net, ator from Vermont. We have endured a number of gim- a very modest one for 28 million peo- Mr. LEAHY. Madam President, nor- micks, from the dumping of thousands ple. mally, I would speak in response to of dollars of cash on the ground to even Now we beat back the repeal of the this, but I understand the distin- a debt ticker. Now we have this stack School Lunch Act with the help of the guished Senator from Texas needs a of books being represented as the un- Senator from Minnesota. We beat back few minutes to introduce a bill. With- balanced budgets of the last 28 years. the repeal of the WIC Program with the out losing my right to the floor, I yield They are not the budgets for the last 28 help of the Senator from Minnesota to my distinguished colleague from fiscal years. Let us make this very and we beat back the repeal of the Texas. clear. The stack of books over there Food Stamp Program with the help of The PRESIDING OFFICER. Without are not the budgets for the last 28 the Senator from Minnesota and the objection, it is so ordered. The Senator years. They are not the budgets of the Senator from North Dakota and others from Texas. United States at all. The stack of who were here on the floor today. We Mrs. HUTCHISON. Thank you, books are a mishmash of documents. beat them back because people saw Madam President. I thank the Senator Some are proposed budgets by past what was in the so-called Contract from Vermont. Presidents. Some are proposed appen- With America. (The remarks of Mrs. HUTCHISON per- dices of the proposed budgets. Some are But with the balanced budget amend- taining to the introduction of S. 294 are simply analyses of the proposed budg- ment you do not see how this is going located in today’s RECORD under ets. Actually, the stack is as much a to be done. Nobody wants to bring up ‘‘Statements on Introduced Bills and gimmick as a constitutional amend- the enabling legislation, the details for Joint Resolutions.’’) ment to balance the budget is a gim- future Congresses, or most likely for Mrs. HUTCHISON. Thank you, mick—as everyone from the Wall unelected judges to decide. How can we Madam President. Street Journal, on the right, to news- guarantee—I will ask this question of I yield to the Senator from Vermont papers like the Los Angeles Times and the Senator from Minnesota, is there and appreciate his willingness to let the Washington Post, more to the left, any way you can guarantee that we me introduce this bill on the day the have pointed out. would not repeal the School Lunch Act officer is being buried. Thank you. In fact, here is a copy of last year’s or the WIC Program or the Food Stamp Mr. LEAHY addressed the Chair. budget resolution. It is a little tiny Program without at least some of the The PRESIDING OFFICER. The Sen- thin thing. This, incidentally, brought protections of your amendment? Is ator from Vermont. the deficit down for the fourth year in there any way we can be sure we pro- Mr. LEAHY. Madam President, I a row. It is not a very picturesque tect them? should note a couple things from the thing. It is not a gimmick. It is actu- Mr. WELLSTONE. Madam President, debate that my good friend from Utah ally something we vote on. And by vot- the answer is no, absolutely not, on the has stated. He said he is in favor of a ing on it, we brought the deficit down. basis of what was attempted. Also on balanced budget amendment. I know he President Clinton made it very, very the basis of some of the cuts made in has been very sincere about that. My clear. All it takes to balance the budg- the last Congress, the evidence is quite difference is I am in favor of a balanced et is our votes and his signature; not a to the contrary. The evidence is, in the budget. The two are not necessarily the constitutional amendment. It also absence of some assurance and some same. We have been voting closer and takes some courage on our part. sort of commitment in spite of all the February 10, 1997 CONGRESSIONAL RECORD — SENATE S1165 speeches made and words uttered, we make sure that they have adequate within budget constraints or this coun- will make disproportionate cuts in the diet, adequate nutrition, that they try will go down and children will be programs that affect health, nutrition, come to school prepared to learn, that the first to be hurt. That is why this and educational status of these chil- they come to school in good health, amendment is so important. You can- dren. they are not going to have this future. not make any exceptions. If the Senator from Vermont would For gosh sake, we should not in the If you make exceptions, then it does not mind if I go on briefly and respond name of deficit reduction savage poor not become important. It does not to some of the comments made by my children in America today. You do not work and it will not be the constraint colleague, the Senator from Utah. want an up-or-down vote? You will that we need, it will not be the fiscal First of all, sort of a clarification vote to table. Fine. But this amend- discipline, that it will make a dif- about how you define ‘‘disproportion- ment is substantive. It speaks to the ference whether this country really ate.’’ It is pretty simple. Again, the very real problem of the deficit reduc- continues to be the greatest country in evidence, and I am interested if some- tion based on the path of least political the world or not and whether it can do body wants to argue with it, in the last resistance, picking out the most vul- for children and families what we Congress 93 percent of the budget re- nerable citizens. If we do not make a would all like to do. The best thing we ductions in entitlements came from commitment that we are not going to can do is pass this amendment and pass programs for low-income people. cut these programs that are so vital to it without exceptions, like my good Madam President, 93 percent. All you poor children’s lives—as a matter of friend who is very sincere thinks we need to do is figure out the percentage fact, we should be investing much ought to do. of the overall entitlement programs more—then these children do not have I just want to bring that to the at- that are low income and you do not cut a future. tention of everybody, that it takes by more than that. Deficit reduction, I am all for. Bal- guts to stand up and do what is fiscally We have the same thing with discre- ancing the budget, we should do it. But responsible, because it is easier to offer tionary. You do not have to be a rocket instead of focusing on poor children in spending through all these constitu- scientist to understand what the America, why do we not focus on the encies then it is to have to make prior- amendment says. You cannot dance subsidies that go to oil companies, to- ity choices. This amendment will force around it. Second, in all of the amend- bacco companies, pharmaceutical, big us to make priority choices. I think ments we introduced and all the insurance companies, and a whole lot that is critical in any kind of nation amendments that the majority party is of other corporate welfare? Why do we that really wants to call itself great. The PRESIDING OFFICER. The Sen- introducing, in this whole constitu- not focus on the $17 billion over 2 years tional amendment there will be imple- ator from Colorado is recognized. more than the Pentagon requested Mr. ALLARD. Madam President, last menting legislation to work out the wanted for the Pentagon? There are final details. week I talked about the balanced budg- other places to make the cuts, but I et movement from a historical perspec- Third, Madam President, as to the say to my colleague from Utah, and I Constitution and whether you can have tive. I discussed the fact that when our am sorry to say with indignation, this country started out as a new nation, policy in the Constitution, I am not a is anything but an abstraction to the lawyer, but article III says: policymakers felt a moral and ethical children I am talking about. obligation to balance the budget year The judicial power of the United States, Your argument about how the best after year after year, and they did shall be invested in one supreme Court, in thing for these children is to make sure such inferior courts as the Congress may that. However, as time evolved, a proc- we balance the budget because real in- ess was developed under which pro- from time to time ordain and establish. The terest rates will come down—by the Judges, both of the supreme and inferior grams were funded based on demand. Courts, shall hold their offices during good way, the Federal Reserve ought to This process produced what are called Behaviour, and shall, at stated Times, re- bring the real interest rates down right entitlement programs. It created a ceive for their Services a Compensation now if everybody is right, I am not sure blank check. As a result of these enti- which will not be diminished during their they are about the Consumer Price tlements and the corresponding lack of Continuance in Office. Index having overstated inflation, what accountability, there is no longer the It certainly seems as if we have such in the world are we talking about even same concern to balance the budget policies in the Constitution right now. the possibility of real interest rates that existed during the time of the Madam President, what troubles me going up? They ought to be going down. Founders. the most about the comments of my Above and beyond that point, it does I wanted to talk a little bit this colleague from the Senator from Utah, not do the children that I am talking afternoon from the perspective of a first of all, he talks about this amend- about today one bit of good to talk family man who has grown up in Amer- ment giving an exemption. There is no about balancing the budget in the fu- ica, from the perspective of a small exemption. This amendment just says ture when you balance the budget on businessman who has had to start his give them what we did last time. Make their backs. That is what we did the business from scratch. Those obliga- a commitment that we will not dis- last Congress. That is what we did the tions that I faced as a family man and proportionately cut programs that vi- last Congress. those obligations that I faced as a busi- tally affect the nutritional, edu- I am just saying, Senators, we should nessman are pretty much the same ob- cational, and health care status of poor do this on the basis of some standard of ligations that we are facing as a Con- children in America. I gave examples of fairness. I still think I can get 100 votes gress, as the leaders of this country, those programs in the way they work for this. I hope the Senator from Utah this great country called America. and what they mean to children. That tomorrow, after we have a little bit Thus far, we have had two amend- is all it says and no more. Senators more time for final debate, will not ments presented before this body should be clear on what they are voting move to table this. I hope he will sup- which, in effect, provide for exceptions on. port it. With all due respect, the evi- to a balanced budget amendment. One Finally, Madam President, and I dence does not suggest that with the is the Durbin amendment, and the want to be clear if I could get the at- absence of this assurance we will not most recent one is the welfare amend- tention of my colleague from Utah, I make these cuts in exactly these deci- ment. These amendments are unneces- do not want him to think I say this sive areas of life that so crucially af- sary. We already have a provision to without giving him a chance to re- fect the quality, or if we do not make meet emergencies in the balanced spond, but in all due respect to my this commitment, the lack of quality budget amendment proposal that is be- good friend from Utah, when we talk of the lives of poor children in Amer- fore us. Madam President, 60 percent of about bringing the deficit down and ica. I yield the floor. the vote in the House and 60 percent of real interest rates down, and that is Mr. HATCH. Madam President, I the vote in the Senate, or 261 votes in the way to help children, a lot of the know there are 2 minutes left before we the House and 60 votes in the Senate, children that I have talked about, Sen- end debate on this amendment. I ac- and we will be able to waive the provi- ator, do not have that future. If we do knowledge my colleague is sincere. It sions of this amendment to meet those not make a commitment that we will does not negate the fact we have to live national emergencies. S1166 CONGRESSIONAL RECORD — SENATE February 10, 1997 Madam President, I understand I will most unselfish thing that we can do for AMENDMENT NO. 2 have an opportunity later on to con- our children and grandchildren. Mr. DURBIN. Madam President, it is tinue with some of my remarks and Now, as a small businessman, a vet- my understanding that under the order that there is an order on the floor for erinarian, when I started out, I had to of the Senate, there is to be 2 hours of another amendment. go to the local banker to take out a debate, if I am not mistaken, with 1 I will continue my remarks at an- loan. The largest portion of that debt hour to be controlled by me and the other time. went to purchase a building so that I other hour by the Senator from Utah, I yield the floor. could take care of my clients and their is that correct? The PRESIDING OFFICER. Under animals’ needs. As time moved along, I The PRESIDING OFFICER. The Sen- the previous order, the hour of 3:30 p.m. worked hard to pay down that debt ator is correct. having arrived, the Senate will now that I had incurred. I knew that the Mr. DURBIN. Thank you. I yield 10 proceed to the consideration of the sooner I paid down that debt, the bet- minutes to my colleague from North Durbin amendment No. 2, on which ter I would be able to serve my clients Dakota, Senator CONRAD, at this time. there shall be 2 hours of debate equally because a smaller debt load would The PRESIDING OFFICER. The Sen- divided. begin to free up my resources for other ator from North Dakota [Mr. CONRAD] Mr. HATCH. Madam President, I uses. Instead of paying out money on is recognized. yield 8 minutes to the distinguished interest, I was able to buy new equip- Mr. CONRAD. I thank the Chair and Senator from Colorado, so he can finish ment and bring in more help so that I my colleague from Illinois. his statement. could take better care of my clients. Madam President, first of all, I thank The PRESIDING OFFICER. The Sen- I think that these two situations, as him for offering the amendment he has ator from Colorado is recognized. a family man and as a businessman, put up, which we will be voting on in Mr. ALLARD. I thank the Senator are not unlike what we face as a coun- just 2 hours. I think it is a critically for yielding. I would now like to finish try. If we, as Members of Congress, face important amendment. Before I discuss my comments that I began a few min- our responsibility as custodians of this that amendment, I would like to talk utes ago. country’s future, we simply have to about what I have heard here today, The Wellstone amendment would pro- eliminate deficit spending. Despite because I have heard a lot of talk about vide funding for education, nutrition, everybody’s good intentions, the trend how we are going to balance the budg- and health programs for poor children. has been in the opposite direction—our et. I heard a lot of talk about how we So, again, as I was speaking about ear- national debt has grown larger every are going to eliminate deficits, and all lier, I want to talk about this from the year. I think that the most unselfish of it is going to be done with this bal- perspective of a family man and also a thing we can do for our children and anced budget amendment to the Con- small businessman. Joan, my wife, and grandchildren is to eliminate deficit stitution. I started like most American families. spending and assure them a prosperous I thought to myself, maybe they real- After we got our education, we got future. That is why I am supporting a ly don’t know that, in fact, this isn’t a jobs. We earned a salary and worked balanced budget amendment. The only balanced budget amendment at all, be- hard to save money so that we could way that we will gather the courage cause even if you pass this amendment, incur our first major debt as a family. and discipline to address our budgetary the debt will continue to rise. Isn’t For most families in this country, problems is if we have a constitutional that surprising? We have heard all of their first major debt is when they pur- requirement to balance the Federal this brave talk about how this amend- chase a home. They are able to incur budget. ment is going to balance the budget. that commitment only after they have Now, many will argue here on the We have heard all of this talk about enough income saved up to go ahead floor that we need to protect particular how it is going to eliminate deficits. and qualify to buy that first house. programs. And lots of times they will Yet, if we pass it, and if it is imple- Most families in America work hard couch their arguments in terms of cer- mented, the debt will continue to rise. to pay down that debt because they un- tain benefits for our children. But what I asked June O’Neill, the head of the derstand that if they pay down that they really want is to save their own Congressional Budget Office, when she debt, then, in effect, they are beginning jobs and programs. Because additional came to testify before the Senate to free up their resources so that at waivers or exceptions to the balanced Budget Committee, ‘‘What is the defi- some later date they can meet the edu- budget requirement will preserve the cit this year?’’ She said, ‘‘Well, Sen- cational needs of their children, the deficit spending status quo, their pri- ator, the projected deficit for this year nutritional needs of their children, and mary concern cannot really be our is $124 billion.’’ I said, ‘‘Is that right, they can meet the health care needs of children’s future. The balanced budget $124 billion?’’ She said, ‘‘Yes, that’s the their children. They also, hopefully amendment and eliminating deficit deficit.’’ I said, ‘‘Well, how much is the will be able to save enough of their re- spending is the approach that con- debt going to go up this year?’’ Well, sources to get their children started centrates on providing for our chil- she wasn’t sure of the number. I looked out in life. In addition, by paying off dren’s future. It is unselfishly saying it up in a table before I asked the ques- that debt, they begin to build up a re- that we want a better life for our chil- tion. I said, ‘‘Well, would it surprise serve in their home that they will be dren and grandchildren. That is why I you to find out that the debt, subject able to use in case of emergency. am such a strong supporter of a bal- to limit, will be increasing $255 billion That is not unlike the situation that anced budget amendment. this year?’’ She wasn’t surprised by we have here in America. That is why I wanted to share with Members of that. Of course, none of us who serve on it is important that we get deficit this body my experience as a family the Budget Committee are surprised by spending under control and that we man and a small businessman. I don’t that. have a balanced budget amendment think that the Federal budget is unlike The difference is that the deficit they that will say to the Congress that it what the average American family or are talking about in this amendment can’t spend more money than it brings small businessman faces on a daily and the deficit she was talking about in. basis. They understand the need to before the Budget Committee is the so- Our debt today is greater than $5 tril- eliminate deficit spending, to pay down called unified deficit. That is when you lion. Every year, for the last 28 years, their debt. I just hope that this body put everything into the pot—all the in- we have continually added to that has the same foresight that many come, all of the outgo, and you call debt. We have been going in a different American families and small business that the unified deficit. The problem direction than the average American people in this country have. with that is, every penny of Social Se- family. If we really want a better fu- I yield back the remainder of my curity surplus is going in. That is ture for our children and grand- time to the Senator from Utah. Thank about $70 billion this year of trust fund children, we do not need to establish you. money that they are using to say they more Government programs that will Mr. DURBIN addressed the Chair. have balanced the budget. cause the deficit to rise instead of fall. The PRESIDING OFFICER. The Sen- That is not a balanced budget. In Instead, eliminating the deficit is the ator from Illinois is recognized. fact, by law, in the United States that February 10, 1997 CONGRESSIONAL RECORD — SENATE S1167 is not a balanced budget. But they are amendment to the Constitution of the Representatives as well, heightens the going to put it into the Constitution of United States, the organic law that has possibility that such policies would re- the United States that it is. Is that made this the greatest nation in sult because of incapacity to mobilize really what we want to do? Do we want human history, and put my name on an the necessity supermajority in both to phony up what is a balanced budget amendment to the Constitution of the Houses.’’ and put a phony description of a bal- United States that says that a bal- Some of my colleagues on the other anced budget in the Constitution of the anced budget is one that uses every side who are moving this amendment United States? Boy, I do not want any penny of the Social Security surplus to may say, ‘‘Well, all we have to do is get part of that game. Are we going to say call it a balanced budget. No. I am not a three-fifths vote to waive these provi- in the Constitution of the United signing up to that kind of deal. sions in the event of a national eco- States that it is a balanced budget Look at what we are talking about. nomic emergency.’’ I think that is cold when you take every penny of Social By the year 2013, $1.8 trillion of Social comfort, Madam President. All we have Security surpluses and throw those Security surpluses, and they are going to do is look back at some of the deci- into the pot and call it a balanced to take every dime and claim they sive moments in history to see that it budget? If any private employer in this have balanced the budget. isn’t easy to get a three-fifths vote in country tried to take the retirement Let me turn now to the amendment this Chamber. On the eve of World War funds of their employees and put them of my colleague from Illinois, an II we could not get a three-fifths vote into the pot to balance their operating amendment that I think is critically to institute a draft. If there ever was a budget, they would be in violation of important because I think there are national emergency, it was World War Federal law. That is called fraud. Yet, three failures to this balanced budget II, and we couldn’t get a three-fifths that is what we are talking about here. amendment that is before us today. No. vote to institute a draft. In fact, we Their defense is, ‘‘Well, we are doing it 1, it raids Social Security surplus funds couldn’t get a majority vote to insti- now.’’ Yes, we are doing it now. We to claim balance; No. 2, it does not tute a draft. have been doing it for 13 years. It does have adequate provision for a national Madam President, we don’t want to not make it right. And it certainly is economic emergency. hold the economic future of America not something we should put in the Madam President, we know right now hostage at in a time of national eco- Constitution of the United States. that the right thing to do is cut spend- nomic emergency. That does not make The first question the people of the ing and balance the budget, without sense. United States ought to insist be an- question. I have spent a great deal of Robert Solow, the Nobel laureat from swered by our colleagues on the other my time offering balanced budget plans MIT, said, ‘‘The balanced budget side of the aisle is, What budget is in this Chamber. I deeply believe it is amendment would force perverse ac- being balanced? We need to ask that the right thing to do to secure the eco- tions by Congress, easily turning a question, the most basic question of nomic future for our country. There is small recession into a big one and a big all, because by any serious definition of a right way to do it and a wrong way to one into a disaster.’’ We ought to pass the Durbin amend- a balanced budget this amendment to do it, and unfortunately the amend- ment because it makes economic sense. the Constitution of the United States ment before us, the underlying con- We ought to do that. that they are offering is not a balanced stitutional amendment, is the wrong This chart shows what we have budget amendment at all. one; wrong because it loots Social Se- learned in terms of evening out the This is the description. It says, curity trust funds; wrong because it economic cycles. This chart shows real ‘‘Total receipts shall include all re- does not have adequate provision for economic growth from 1870 to 1995. You ceipts of the United States Govern- national economic emergencies. can see these wide swings, these wild ment. Total outlays shall include all But let me be clear. While it is the swings, in economic activity up until outlays of the United States Govern- right thing to do now to cut spending about 1950. Then these economic sta- ment.’’ That seems to make common and balance the budget, that was pre- bilizers that we put in force in this sense. But the problem is that you are cisely the wrong thing to do in the economy eliminated these wild swings taking all of those trust fund sur- depths of the Depression. Cutting that lead to so much pain, so much suf- pluses. spending, raising taxes in the depths of fering, and so much devastation. That Look at what they are. In 1998, the the Depression would only have made is what the Durbin amendment ad- fiscal year that we are working on the that calamity last longer and be deep- dresses. It says let us not eliminate budget, $81 billion of Social Security er. That is the economic reality. And these economic stabilizers. Let us not surplus. Under this amendment that we are passing an amendment here not be in a situation in which we handcuff they want to put in the Constitution of just for today, not for the next 5 years, the American economy in the midst of the United States, the organic law of not for the next 10 years, but perhaps a national economic emergency. Let us our country, they want to take every for the next 200 years. It ought to be an not be in a circumstance in which we penny it of it to claim they have bal- amendment that can stand the test of cannot do what we know works to anced the budget. In 1999, $169 billion time. This one, the underlying amend- eliminate disastrous economic con- will be the cumulative surplus by that ment, fails that test. sequences. That just makes common time of those 2 years; 2000, $263 billion; The Senator from Illinois, Senator sense. 2001, $361 billion of Social Security sur- DURBIN, has come to us and recognized I hope we will support the Durbin pluses, every penny of it going into the that we ought to amend the balanced amendment. pot to claim they have balanced the budget amendment to take account of I thank the Chair and yield the floor. budget. What a hoax. What an absolute national economic emergencies. Mr. HATCH addressed the Chair. hoax to call this a balanced budget. By He is saying that when we get into a The PRESIDING OFFICER. The Sen- 2002, $465 billion of Social Security sur- situation, especially a depression, this ator from Utah is recognized. pluses, and they will have taken every country ought to be able to take fiscal Mr. HATCH. Madam President, the penny, they will have spent every policy that would help this country Senator from North Dakota has been penny, in order to claim that they have emerge. The Senator from Illinois has very eloquent. The problem is that balanced the budget. put his finger right on it, one of the what he seems to be arguing for is a That does not pass any kind of credi- key weaknesses of this amendment. continuation of the status quo. For in- bility test. For us to be entrenching Henry Aaron, director of economic stance, on Social Security, at the very that principle into the Constitution of studies at Brookings Institution, says, time he is arguing that it is immoral the United States—I thought about ‘‘One does not need to be a primitive and that it is a rape of the trust, that this very hard 2 years ago when it Keynesian to believe that a require- it is a ripoff to keep Social Security came down to my vote. I thought to ment forcing tax increases or spending within the purview of the balanced myself, I don’t know what the political cuts during an economic slowdown budget amendment, he supports a ramifications are. I don’t know how could be catastrophic. Yet, the need to President who is doing exactly that. this will be read. But I know one thing. mobilize a three-fifths majority, not That is what the President’s budget I am not putting my name on an just in the Senate but in the House of does. That is what every budget of S1168 CONGRESSIONAL RECORD — SENATE February 10, 1997 every President has done ever since we years are where all of the budget cuts No. 2, the President’s budget, which started the unified budget system. And have to occur in order to be in balance, is done on a unified basis in the same it just makes little or no sense to take according to the President, or there way as this constitutional amendment, it out of the Federal budget, out of the will not be any tax relief to the Amer- is also not a balanced budget. And I unified system, because if it cannot ican people. have said that clearly. stand on its own, which Social Secu- So, look, we know that these amend- Mr. HATCH. Will the Senator yield? rity can, then why would we make any ments are intended to gut the balanced Mr. CONRAD. I have said it publicly, selectivity. The fact is it is a gimmick budget amendment. People who are ar- and I have said it privately. It is not a to take it off budget, and it is a risky guing for them may be doing it sin- balanced budget, because although this gimmick at that. What they are trying cerely, and I presume they are. But amendment claims balance and the to do is really defeat the balanced they are people who are not going to President’s budget claims balance, budget amendment. vote for this balanced budget amend- they are taking trust fund money in Then to argue that we have to take ment no matter what we do. They are order to claim balance. That is not a care of economic emergencies, well, not for it no matter what we do. We balanced budget. It defies our own law. what are economic emergencies? I heard the distinguished Senator from Our own law says you should not count must be able to list at least 3,000 of Minnesota. Why, he has four or five Social Security trust funds. them right now that could occur to major items that he would exclude Second, the difference between Social which everybody could argue that the from any budgetary restraint. There Security and other funds is it has a balanced budget amendment does not are others who would exclude Social dedicated revenue source. We impose a apply. Security from any budgetary restraint. tax, a regressive payroll tax on the It is one thing to argue for the status And there are 98 others in this body workers of this country and the em- quo. I have seen 28 years of it. I have who would also like to exclude some of ployers of this country, and that fund been here 21 of the 28 years. And I have their special projects. is in surplus. And so when you mix it in to admit I fought for a balanced budget The best we can do is work together with everything else, you are taking every one of those years, and there on the unified budget and face the the surpluses generated by that stream have been a number of us who have music and make priority choices with- of revenue that is being generated for a done so, but we have been in a distinct in a budgetary constraint system, and purpose. The purpose is to prepare for the baby-boom generation. But all the minority as unbalanced budget after if we do that we will save this country, money is being spent. It is being spent unbalanced budget has been passed. we will protect our children, protect for another purpose. That is wrong. Now they are saying let us keep the our seniors, protect those who need it, And it is dead wrong to enshrine that status quo. Even though this gimmick and we can. Otherwise, we are going to flawed principle in the Constitution of is going to take Social Security off monetize the debt in order to stave off budget and subject to all budgetary the United States. bankruptcy, and that means ruining Mr. HATCH. Will the Senator yield? matters, we should take it out of the our country, having interest rates Mr. CONRAD. Third point. The Sen- balanced budget amendment, as though going out of sight and inflation ator from Utah says three-fifths vote, Social Security cannot stand on its through the roof. requiring that is an insult to those who own. Come on. That would be one of We are talking about saving the serve here. Not at all. It has nothing to the most risky things we could do. country right now. That is what we are do with insults. I could turn that on Every item ought to be on budget. talking about. With these gutting the Senator from Utah and say his re- Social Security is the largest item in amendments, if any of them pass, the quirement of a three-fifths vote is an the Federal budget. It ought to be in balanced budget amendment will be- insult to democracy. In democracy, the budget. And we can work around come a lot less effective. majority vote prevails. We do not have the problems that are concerning the I yield the floor. supermajorities. I do not choose to do Senator from North Dakota and others Mr. DURBIN. Madam President, I that. who argue that. To talk about eco- yield 3 minutes to the Senator from I do not think it is a matter of insult. nomic emergencies and try to write North Dakota. I think it is a matter of reality. Do we that into the Constitution, everybody The PRESIDING OFFICER. The Sen- really want to be in a circumstance in knows that is a gutting amendment ator from North Dakota. which this country faces an economic that would destroy the balanced budget Mr. CONRAD. Madam President, just emergency and we have to have a amendment. to respond to my distinguished col- supermajority vote to respond when we To say that you cannot get a three- league from Utah, the Senator from know from our own past that it has fifths vote is an insult to everybody Utah says, well, it is OK for us to put been difficult to muster a three-fifths who believes in this country and who is in the Constitution of the United vote. Even on the eve of World War II, patriotic and who really believes that States a definition of a balanced budg- to institute a draft, we could not do it. the country should go forward. If we et which assumes that you are going to I submit to this Chamber and to the have a true economic emergency, we loot Social Security trust funds, and American public, the wiser course is will be able to get the three-fifths vote, every other trust fund, for that matter, the amendment of the Senator from Il- and there will be a lot of us who are because the President did it in his linois. conservative who will be voting for the budget submission. Mr. HATCH. Will the Senator yield? three-fifths vote. I say that is a mighty weak defense The PRESIDING OFFICER. The Sen- The fact of the matter is if it does of a constitutional provision. We are ator from Utah. not measure up, then that three-fifths not talking about a statute here. We Mr. HATCH. Madam President, I lis- vote will not be granted. And a lot of are talking about the organic law of tened to these arguments, and I did not these very same people will be saying, the United States. make the argument that we should ‘‘Oh, this is the most important thing Mr. HATCH. Will the Senator yield have Social Security in the balanced in the world,’’ as we go into another on that point, just on that point? budget amendment because the Presi- year of unbalanced budgets. That is Mr. CONRAD. Let me complete my dent is doing it. Everybody has done it what we have been doing. thought, and then I would be glad to. because it is a unified budget that re- I hear these people saying, ‘‘Oh, we Mr. HATCH. If the Senator would. quires everything to be on budget. And can do it. Just do it. Just do it.’’ I have Mr. CONRAD. Then I would be glad on the other side of that coin, starting heard that for 21 solid years. We have to yield. about the year 2014 Social Security never done it yet in the last 28 years. The fact is we are talking here about goes in deep deficit. What are we going What makes us think that ‘‘let’s do it’’ an amendment to the Constitution of to do, keep that off budget so that we means we are going to do it the next the United States. This amendment do not have to face the music, so we year. The fact is the President’s budget does not lead to a balanced budget. The can keep borrowing? is not going to be in balance, according debt continues to increase even if this The PRESIDING OFFICER. The 3 to the CBO; the one he sent us is not is passed. That is not a balanced budg- minutes of the Senator from North Da- balanced. And keep in mind the last 2 et, No. 1. kota have expired. February 10, 1997 CONGRESSIONAL RECORD — SENATE S1169 Mr. HATCH. I will use my own time. years and who keep saying the same I thank the Chair and yield the floor. I am sorry. things, what is wrong with requiring The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- some fiscal restraint of these people? It ator from Utah. ator from Utah. is apparent that Congress is not going Mr. HATCH. Mr. President, I hear the Mr. HATCH. The fact of the matter to live with fiscal restraint unless it is distinguished Senator, but what he is, you cannot budget without putting imposed upon them, and the only way fails to say is that we are continuing everything on budget and you cannot we can impose it—after five tries in the that system without any restraint if handle it right. And the President is last few years of budget restraint by we do not pass the balanced budget doing what the Secretary of Treasury statute, none of which have worked— amendment. I think the Senator from said he should do, and that is keep all the only way you can impose it is North Dakota, not deliberately, has items on budget. There are 31 trust ac- through an amendment to the Con- made several misleading statements, counts, at least in the Federal Govern- stitution that everybody in this body to some of which I would like to re- ment. Are we going to take them all off and in the other body is sworn to up- spond. because somebody makes the un- hold. I think it is just that simple. He says the balanced budget amend- founded allegation that we are ripping There is room for legitimate dis- ment does not balance the budget if it off the trust funds? The fact is, the agreement here, I am sure. I do not does not exclude Social Security. Of only way not to rip them off is to keep mean to imply that my colleagues are course he fails to mention that in the everything on budget. And that is a not sincere in every word that they are long run everyone knows Social Secu- pretty important point. saying. But, on the other hand, I think rity is going to run huge deficits and I do not see how you can argue to those of us, the vast majority in this that it is not always going to run sur- take it off budget. It just makes sense body, who will vote for this are sincere pluses. This tends to balance out. If we that we face all the music here, not as well. We have seen 28 years of sin- follow his suggestion, we do nothing just part of it, and that we do not make cerity. People were sincere in trying to but continue the current system. His any exceptions so that we have to get balanced budgets during those own President is including Social Secu- make priority choices if we are going years, but they did not do it. The rea- rity because he has to, because it is to have a balanced budget amendment. son they did not do it is because they part of the overall unified budget. By The Senator is right on one thing and did not have to do it and it was easy to the time today’s children are retiring, that is this amendment does not re- borrow. It was a lot easier to borrow Social Security will be running annual quire a balanced budget. We can choose and mortgage the future of our chil- deficits of $7 trillion each year. Unless not to balance the budget. All we need dren than it was to face the music. Our we keep Social Security on the budget to do is get a supermajority. amendment will require we face the and make it work and resolve it, in This is not a pure democracy in this music. current dollars, it will be a $7 trillion country. This is a representative de- I yield the floor and reserve the re- deficit a year. mocracy, and the Senate is a perfect il- mainder of my time. He also fails to mention that this lustration of how we do not always Mr. DURBIN. Mr. President, I yield 1 huge deficit would not count under the have a majority vote. The fact of the minute to the Senator from North Da- Social Security amendment that he matter is, each State has two Senators, kota. supports. The amendment he supports regardless of population, and that gives The PRESIDING OFFICER (Mr. AL- would call this $7 trillion deficit a bal- a disproportionate amount of voting LARD). The Senator from North Dakota anced budget. You talk about hoax; I power to some States over others. is recognized for 1 minute. don’t see how anybody can argue that. The House of Representatives is a Mr. CONRAD. Mr. President, words Yet they do. The fact is, we are in trou- purer democratic body, and our Found- do not change reality. You can call it a ble and what are we going to do? Just ing Fathers in their wisdom understood balanced budget amendment to the the status quo? Just keep doing year this. They also would understand, if Constitution of the United States. It is after year what we are doing; mortgag- you are going to do a balanced budget an amendment to the Constitution of ing our children’s future and making it amendment, you have to keep every- the United States, but it is not a bal- so this, the greatest country in the thing on budget. And it still does not anced budget. The simple fact remains, world, becomes the least great country rebut my point, which is that this is a if you pass the amendment offered by in the world? That is where we are gutting amendment. This amendment the Senator from Utah and it is fully headed if we do not do something about basically says when we have an eco- implemented, the debt continues to go it. nomic emergency we can go off budget, up. You can say that is a balanced The Senator from North Dakota also the amendment does not apply. Again, budget but it is not. It is simply not. described the balanced budget amend- I ask you, what is an economic emer- The reason it is not is because the Sen- ment as looting Social Security. What gency? There is a wide disparity of be- ator from Utah is taking every penny a half-truth. The balanced budget lief as to what is, and we provide for a of the Social Security trust fund sur- amendment does not touch one penny way around that by a three-fifths vote, plus and throwing that into the pot and in Social Security. That whole argu- which I think, in a true economic saying he has balanced the budget. It is ment is nothing more than an account- emergency, will be easily obtained here not a balanced budget. No private em- ing preference. The Social Security and should be easily obtained here. ployer could do that. It would be a vio- trust funds will be still invested in the In response to the supermajority re- lation of Federal law. greatest securities in the world, and quirement, the Senator from North Da- On the question of three-fifths vote, that is American securities, U.S. kota raises the vote on war, a military it is very interesting—— Treasury bills, if you will. That is the threat. Senate Joint Resolution 1 pro- The PRESIDING OFFICER. The only thing they can be invested in. vides a lower threshold for votes to minute of the Senator has expired. That is going to happen whether we waive the balanced budget rule in Mr. CONRAD. May I have 30 more pass a balanced budget amendment or times of war or national security emer- seconds? if we do not. So, this is a phony argu- gency. With regard to economic emer- Mr. DURBIN. I yield 30 seconds to the ment and, frankly, it would be lit- gencies, during the past 15 years Con- Senator from North Dakota. erally—literally—a risky, risky gim- gress has passed emergency unemploy- Mr. CONRAD. On this question of na- mick to take Social Security out of the ment compensation by supermajorities tional economic emergency, it is very major budget because, on the one hand, every time but once, and it can be le- interesting that all these arguments there are surpluses today, but they are gitimately argued that the once was a about supermajority go right out the all invested in American securities. time when they should not have. Disas- window because they themselves pro- Starting about the year 2013, we have ter relief has been enacted by a similar vide for a simple majority in the case huge deficits; not surpluses, but defi- supermajority every time except twice of a national security emergency but cits. Should we take it out when we over the last 7 years. not in the case of a national economic have surpluses and not put it in when What is wrong with requiring people emergency. That is a fatal flaw in this we have deficits? No. You keep it in all who have not balanced a budget in 28 amendment. the time and you work with it and you S1170 CONGRESSIONAL RECORD — SENATE February 10, 1997 do what is right. That is what the Sec- need unemployment compensation them to be a part of our Federal sys- retary of the Treasury did. That is from the Government. They are men tem. what he suggested. That is what he and women who may need, in dire cir- What if we had given them the Con- said is the right way to do it. By the cumstances, food stamps to feed their stitution with a supermajority require- way, that is also what the President children from the Government. They ment in each of the legislatures? What just did in sending up his budget. may also need Medicaid for hospitaliza- if we had said to them, ‘‘Just to make So, if we do nothing here, we have tion care of their children while they certain that you don’t do anything business as usual, another, a 29th, year are unemployed from the Government. rash, we are going to require a 60-per- of unbalanced budgets. I would feel a They may be determined to go back to cent vote from the legislature of each lot better if some of these people who work and headed for a job training pro- colony to ratify the Constitution, and are bringing up these amendments gram to get them qualified for another it will take 9 of the 13 colonies to do would be voting for the balanced budg- job, that training program coming it’’? et amendment. But, no, these are from the Government. They may de- Mr. President, I am not certain we amendments to gut the balanced budg- cide it is time to get that advanced de- would be a federal nation today, be- et amendment. gree or college degree and need to ask cause if you reflect on the votes actu- I yield the floor and reserve the re- for a loan from the Government. In ally cast in each of the 13 colonies, you mainder of my time. each of these instances, people who are will find, unfortunately, that 5 of the The PRESIDING OFFICER. The Sen- not paying taxes, working families 13 did not meet the supermajority re- ator from Illinois. who, through no fault of their own, are quirement. Only 8 of the colonies would Mr. DURBIN. Mr. President, could out of work, turn to the Government have met the chairman’s supermajority you please tell me how much time is for a helping hand. requirement. remaining to me? Any economist is going to tell you So, though he believes we can rise to The PRESIDING OFFICER. There your books are not going to be in bal- the occasion in economic recession, are 42 minutes for the Senator from Il- ance that next year. Congress will then history tells us that even in the cre- linois, 38 for the Senator from Utah. have to decide whether in the year 2003, ation of this Republic, a supermajority Mr. DURBIN. Mr. President, I thank in this hypothetical, we will not have a requirement would have complicated my colleague from North Dakota, Sen- balanced budget, because we don’t things, slowed them down. I don’t know ator CONRAD, for supporting my amend- want to relegate millions of unem- if we would be standing today on the ment and joining in the debate. He has ployed Americans to the ash heap of floor of the Senate of the United States raised two very important issues. One economic history. We want to make of America. It is anyone’s guess. But relates to the future of Social Security certain they have the same chance the suggestion that a supermajority re- and its involvement in balancing the other families have had to get back on quirement is something easy to come budget. The other relates directly to their feet, and that is the purpose of by belies history. my amendment, to whether a super- the Durbin amendment. What my amendment says is that a majority vote will be required in the How will we reach that decision? majority is necessary to make this de- House and the Senate in times of a na- Under the amendment to the Constitu- cision. So, if we face a natural disas- tional disaster or a national economic tion being offered by the chairman, the ter—the big one in California, a hurri- emergency for the Congress to decide Senator from Utah, it would take a cane in Florida, a hurricane in North to spend more than we have received in three-fifths vote of the House and the Carolina—or a national recession, that tax revenues that year. Senate, approved by the President in we will come together as a national The Senator from Utah, the chair- order for us to decide, yes, in the year legislature and decide for that given man of the committee, has spoken in 2003, we are going to waive the require- year we will waive the requirement of committee and on the floor. His point ments of a balanced budget in order to a balanced budget because of a national is made and made clearly. He believes get the economy moving again, in economic emergency, a national disas- that Social Security should compete order to get people back to work, not ter. with all the other Federal programs. to risk going more deeply into the re- The chairman suggests people will He believes that it should be there with cession. no special treatment, should not be ex- The chairman stands and says this abuse this. They are going to call ev- cluded, should be brought to the debate supermajority requirement, this 60-per- erything a national economic emer- and treated the same way. I respect his cent requirement, is not unreasonable. gency. I don’t think so. I think history point of view. I disagree with it. Surely, he says, the House and the Sen- tells us over the last 4 years, with the But in order to bring this back to my ate, faced with this economic chal- Clinton administration, with both a amendment, I would like to focus on lenge, will rise to the occasion, cast Democratic Congress and a Republican the debate which started last Thursday partisanship aside, avoid the personal- Congress, there has been a real com- and continues this afternoon. ities, rally around the flag, stand be- mitment to deficit reduction. Consider this possibility. If we are hind the families. I say to the chair- The chairman is standing next to his successful in balancing the budget in man and to others of like mind, history leaning tower of unbalanced budgets fiscal year 2002, as proposed by Presi- suggests it might not be that easy. and suggesting to us that this is going dent Clinton and virtually all of the In the desk of each Senator is a pub- to go on forever. But if the chairman leadership in Congress, we will ap- lication known as the Senate Manual. would look closely over the last 4 plaud, congratulate ourselves and be- It contains a lot of information about years, he will see they are somewhat lieve, I think rightly, that our econ- the rules of the Senate, and it also con- different than the other 24 years, be- omy is in stronger shape. And now let’s tains the Constitution of the United cause we have come to a bipartisan take a hypothetical. States. conclusion that we should and can re- In the next year, 2003, there is a I ask the chairman to consider the duce the deficit in a responsible way. downturn in the American economy. following: When our Founding Fathers President Clinton’s administration, This is not an extraordinary event. In wrote the Constitution, which we are with the cooperation of a Democratic fact, history tells us that once every 5 seeking to amend with this resolution, Congress and a Republican Congress, years we face such a downturn. So our there were 13 colonies organized under have brought 4 straight years of deficit budget is in balance and the next year, the Articles of Confederation. And they reduction. This is the first time that millions of Americans, because of this said that 9 of the 13 colonies would has occurred in this century and far recession, are out of work; men and have to ratify the Constitution for it to into the last century. So it suggests women who have been paying Federal go into effect. Congress has the message and has the taxes, no longer working. Naturally, Think about this: The birth of our goal in mind and is moving toward it in they are not paying the taxes. Nation, the creation of the United the right way. On the other side of the coin, they States of America, and turning to 13 The chairman has said to us many are men and women who need a helping legislatures in 13 colonies, this Con- times, this is something the American hand. They are men and women who stitution was given to them, asking people want, a balanced budget, and he February 10, 1997 CONGRESSIONAL RECORD — SENATE S1171 is right, not just by our empirical evi- 7.7 percent. That would have cost the from job training or job dislocation dence of visiting our States and speak- country over 1 million additional jobs. programs during times of economic ca- ing to our constituents, but also by so- The fundamental problem with the lamities. It will be their parents, those phisticated polling time and again. amendment is that it requires a bal- who have toiled in the factories, served People come forward and say, ‘‘Let’s anced budget even in times of reces- in the Armed Forces, lifted this coun- have a balanced budget.’’ But I say to sion. The depression of the 1930’s was try out of depressions, and been the the chairman, I will also add a couple made far worse because Congress re- backbone of this Nation, whose Social things to that. peatedly cut Federal spending and Security and Medicare checks are put If you would ask them whether they raised taxes trying to keep the budget at risk. want to protect the Social Security in balance. This amendment could eas- I wonder whether the Senator’s argu- trust fund as part of balancing the ily condemn us to repeat that unac- ments reach this issue of unfairness in- budget, they want that in an over- ceptable history. herent to the balanced budget amend- whelming way. Surely, we can’t ignore the views of ment. Because, it seems to me that one If you would ask them whether or not over 1,000 economists who agree that group of Americans, those hard-work- it is right for our Nation to come to this amendment mandates ‘‘perverse ing Americans, have the most to risk. the rescue of families unemployed in actions in the face of recessions.’’ The And those that are the wealthiest indi- the midst of a recession, for the Nation last time we failed to heed the viduals or the most successful corpora- to come together to offer things to warnings of the Nation’s economists, tions have the least to risk. I wonder families to get back on their feet, I at the beginning of the 1980’s, the defi- whether the Senator agrees with that think you will find an overwhelming cit skyrocketed and hundreds of thou- observation. response. Because the bottom line for sands of Americans lost their jobs. Second, if the Senator believes that most American families, whose senses Of course, supporters of the amend- is true, then what does he believe is the are dulled by all this economic theory ment say this will never happen. They position of the organizations that rep- rhetoric, is whether or not they are tell us that if an economic depression resent working families. doing well for themselves. is on the horizon, the proposed con- Where do the workers stand on this? Are people in their households work- stitutional amendment allows Congress Are they for this? Do they think that ing? Do they have a job? Do the kids to waive the balanced budget require- their futures are more secure by put- have a chance for a bright future? Is ment with a three-fifths vote. But it is ting the balanced budget amendment our economy expanding, creating good- reckless for Congress to gamble in this in the Constitution? They say no. paying jobs? I think that really is a way with the economy. What about those groups that have bottom-line question. In election after The Durbin amendment is needed to fought for the rights of children, day in election that is the test we are held to. avert these serious threats to the econ- and day out, year in and year out, what This amendment does not meet this omy and to American families. Under is their position? Do they say yes? test. This amendment, by requiring a the Durbin amendment, a constitu- They say no. supermajority vote, says that this Sen- tional majority could waive the bal- Do those groups that have been fight- ate of the United States and the House anced budget amendment’s require- ing to ensure decent health care for of Representatives will hold itself to ments if there is an economic recession American seniors come to us and say, such a standard as to question whether or serious economic emergency in the ‘‘This balanced budget amendment is or not we can rise to the occasion when country. in the best interest of our seniors,’’ or there is an economic necessity. The amendment protects the country do they say, ‘‘Do not pass this measure, Mr. KENNEDY. Will the Senator during times of military emergency, at least not without the Senator’s yield? and it should also protect families dur- amendment?’’ Mr. DURBIN. I would be happy to ing an economic emergency. I urge my I am just interested if the conclu- yield to the Senator from Massachu- colleagues to support the Durbin sions that I draw from the Senator’s setts. amendment. excellent argument, particularly as it Mr. KENNEDY. Mr. President, I Finally, I want to ask the Senator a relates to the adverse impact economic strongly support the amendment of- question, if I might. downturns would have on hard-working fered by Senator DURBIN to protect jobs I have listened with great interest to Americans, is something that the Sen- for working families. Without it, mil- the Senator’s explanation. I find it ator is very concerned about as well. lions of Americans may well lose their enormously powerful and extremely Mr. DURBIN. I thank my colleague, livelihood if adequate steps are not compelling. After listening to the in- the Senator from Massachusetts. taken to prevent real damage to the terpretation of both the balanced budg- I think his point is well taken. I economy from the proposed constitu- et amendment and the Senator’s anti- might add this. He has specified var- tional amendment. recession amendment, one has to draw ious groups that have come forward Proponents of the balanced budget the conclusion that on the one hand with reservations about this amend- constitutional amendment claim that Americans who have great wealth will ment. He and I both understand that in it will help American families. They not be significantly impacted by the a time of economic turmoil, economic predict dire consequences without a implementation of the balanced budget recession, some of the most vulnerable constitutional requirement to force a amendment during a recession. Americans are not even represented in balanced budget. But, we know better. The very wealthy do not rely on the Washington by a special interest group. President Clinton’s budget gets us to kinds of programs that you have men- They are the working poor, getting up balance by 2002, and American families tioned. So their lives will not be ad- every morning, and going to work, 40 don’t need or want to lock themselves versely affected if this measure is actu- hours a week, struggling to get by, into a budgetary straightjacket. ally put in the Constitution. barely beyond the minimum wage, Secretary of the Treasury Robert On the other hand, as the Senator often husbands and wives, sometimes Rubin and over 1,000 economists have has pointed out, working families, chil- working two jobs, trying to make ends told Congress that the balanced budget dren of working families, and parents meet, trying to keep their families to- constitutional amendment is a mis- of working families have the greatest gether. take. Because the amendment turns off risk under this amendment. If I under- That is what concerns me. They will the economy’s automatic stabilizers, stand the position of the Senator from be the first casualties in a recession. ‘‘it could turn slowdowns into reces- Illinois, it will be the sons and daugh- They will be the ones laid off. They sions, and recessions into more severe ters of working families that will suffer will be the ones who will have to then recessions or even depressions,’’ ac- because Pell grants will be cut. It will make a decision about their lives and cording to Secretary Rubin. be the children in Head Start—children to get back on track. And what we are Without the automatic stabilizers, of working families—that will have saying, I believe the Senator from Mas- the Treasury Department estimates their education put at risk. It will be sachusetts and I agree, is that at var- that the 1990 recession might have led mothers and fathers of working fami- ious points in the modern history of to 9 percent unemployment—instead of lies who will not receive assistance America there have been opportunities S1172 CONGRESSIONAL RECORD — SENATE February 10, 1997 for them created through Government How would one define it? Would it be the United States of America for our programs that have helped. just a general feeling of anxiety about children is not a partisan issue. Oh, certainly they need their own the economy? Would that be an eco- Former Senator Paul Simon remains personal responsibility, their own ini- nomic recession? a very active and vocal proponent of tiative. But the door was there for I might also add, that in difficult the amendment and helped to lead the them to walk through. If that door is economic times you will see areas of fight here on the floor 2 years ago when bolted shut with the supermajority re- the country where certain pockets of it was up on the floor. Perhaps even quirement, these families, the working the country, certain areas of the coun- more recently, the late Senator Paul poor, the groups that the Senator from try there would be an economic down- Tsongas, whom we all knew and re- Massachusetts has outlined, they will turn and other areas there may be an spected, who recently passed away, be the first casualties. That is why I of- economic upswing. So the areas of the stated: ‘‘What you have here is a sad fered the amendment. I thank the Sen- country where there is an economic case of pursuit of self as opposed to ator from Massachusetts for speaking downturn, how do we define where the pursuit of what is in the national inter- on behalf of the amendment. amendment and when the amendment est. The balanced budget amendment is Mr. KENNEDY. I thank the Senator. would kick in? simply a recognition of that human be- As he has pointed out, the economic It is obviously a weakening amend- havior.’’ Paul Tsongas was right. issues and strength of our country is ment. It is interesting, Mr. President, Secretary of Education Richard Riley really the backbone for all of the hopes that for years and years and years we was the Governor of South Carolina. and dreams of working families. His have heard from the critics, we do not He stated: amendment goes right to the core issue need this amendment. We do not need a I have opposed the amendment in the past, thinking it was a ‘political cop-out.’ The def- about what this impact would be at a constitutional amendment to balance icit problem has gotten so bad, that I have time of economic cycles. I think any- the budget. All we have to do is bal- now decided to support it. one that understands the history of the ance it. We have not done it yet. So I That is the issue here. It has gotten economic strengths and weaknesses of am waiting. And those people who say bad. We have not had the political our country would see that we should that we ought to do that, without the courage, collectively, to balance the learn lessons from the historic past. amendment, keep offering amendments budget. You can say all you want, that Unfortunately, this amendment does to weaken what we are trying to do. we do not have to put it in the Con- not benefit from that kind of historical This is a very historic debate that we stitution, but while we say that, the perspective, the underlying amend- are in today. Not only is it historic in debt keeps going up, and it is now $5 ment. The Senator’s amendment cer- the sense that there have been a num- trillion. Where do we stop, $50 trillion? tainly does. I look forward to support- ber of efforts in the past to have a bal- When we get to $10 trillion, we will not ing the Senator’s amendment. I thank anced budget amendment, but it is his- be able to service the debt because a him for bringing this matter to the at- toric in the sense that if we fail, our $10 trillion debt will cost you $1 trillion tention of the Senate today. children are going to pay the con- in interest alone. The entire Federal Mr. DURBIN. I thank the Senator sequences. I think they are going to budget is a little over $1.5 trillion, so and reserve the balance of my time. judge us not in a very kind way if, in two-thirds of the budget will be inter- The PRESIDING OFFICER. The Sen- the future, in the outyears, if they look est if we continue along this line. It ator from Utah has reserved the bal- back upon this time when we had a needs bipartisan support, and I am glad ance of his time. chance to deal with this in the Con- that it has it. I hope it has enough. Mr. HATCH. I would like to recognize stitution and did not do it. The last time the Federal Govern- the distinguished Senator from New I am pleased and proud to be on the ment had a balanced budget was 1969. Hampshire, but first let me take 1 side of Senator HATCH in this debate. I The total debt was $366 billion. Today, minute. think he is on the side of the American it is $5 trillion. In less than 10 or 12 I heard the dialog between the distin- people. Frankly, not only the Amer- years, it will be almost $10 trillion if guished Senator from Massachusetts ican people today, but tomorrow and we continue with the current rate of and the distinguished Senator from Il- for many, many years to come. We spending. linois, and I have to say that I am fully have had a number of efforts, starting Yet, we still have those who come to familiar with all those groups. And in 1935 in the 74th Congress. That was the floor and say we do not need an about 78 percent of the American peo- the first measure designed to require amendment, we do not need to clutter ple—between 68 and 78 percent of the an annually balanced budget, and in- the Constitution. The Founding Fa- American people—have always been for troduced by a Democrat, Senator thers knew what they were doing; they this balanced budget amendment. They Tydings of Maryland. The next year, did not put it in there; we do not need come from all walks of life, from every the first proposed amendment to bal- it; we can balance the budget. When? group. The reason they do is they are ance the budget constitutionally was Each year that the Federal Govern- deathly afraid that if we do not get by Harold Knutson of Minnesota, a Re- ment spends more than it takes in, bil- this spending under control, the very publican, in 1936. It was a bipartisan lions are added to the overwhelming people that my good friends have been idea, and it began as early as 1935. weight of our national debt. talking about are going to be hurt the Since then, we have had some 30 meas- Even if we pass this, by the time we most. There is no question about it. ures that in some form or another have get things in order, we will add hun- To just keep arguing that we can come before this Congress. dreds of billions of dollars to the debt, continue to do business as usual, as has The balanced budget amendment is Mr. President. In fiscal year 1998, we been argued here, that is the biggest not a Republican proposal. It is a bi- will pay approximately $1 billion a joke of all. partisan proposal. It always has been. day—$1 billion a day—in interest on I yield 15 minutes to the distin- Not only have all Senate Republicans the debt. In the fiscal year 1997, the guished Senator from New Hampshire. cosponsored the resolution, but many gross interest we pay to the service of Mr. BOB SMITH. I thank my col- Democrats have, as well—not as many debt will total $360 billion, the second league from Utah for yielding and as we would like, but many have. We largest expenditure in the entire budg- thank him for his strong leadership on hope we will get the other two or three et. It is $100 billion more than we spend this issue which he has done for so that we might need. on defense. Mr. President, $100 billion many years as we wait to see the long Senate Joint Resolution 1 was ap- more than we spend on defense we hoped for amendment finally reach proved by the Judiciary Committee spend to service the debt in 1997. passage. with the support of three Democrats— What could we have done with all the I was somewhat taken by the com- BIDEN, TORRICELLI, and KOHL. In addi- money we have paid to service that ments on the Durbin amendment made tion, six other Democrats, BRYAN, GRA- debt? Now, that is a very interesting by my colleague. This is again an effort HAM, BAUCUS, BREAUX, MOSELEY- topic. We get criticized a lot here in obviously to weaken the amendment. BRAUN, and ROBB, as well as Senator the Senate for fantasizing. Let me fan- It is an interesting question about KOHL. So we have bipartisan support. tasize about what we could do with all what an economic recession would be. This is not a partisan issue. Preserving that money. February 10, 1997 CONGRESSIONAL RECORD — SENATE S1173 I came to Congress in 1985. What if of the Federal budget. That is the good think about it in terms that are per- we had passed a balanced budget news. The bad news is it is continuing haps away from home—this big issue amendment to the Constitution that to expand, that interest is consuming balancing the Federal budget, don’t year and achieved balance in 1990? more and more and more of that pie, spend this or that. Let me give an ex- Imagine what we could have been doing including the entitlement pie, because, ample. In New Hampshire, my State, with that money, which by now would theoretically, if we do not stop it, it the average citizen pays as much as have accumulated to $1.7 trillion. We will consume everything. If you think $38,000 more on a 30-year mortgage for could have built 97 space stations. We of your homes, your businesses, you an $80,000 home as a result of the budg- could have increased funding for the can only go to the bank so many times et being out of balance. A student in EPA 261 times. Imagine the potential and then they put the stop on, the cap New Jersey pays almost $9,000 more to- of crime control programs if the De- on the credit card, the cap on your ward a 10-year loan. In just 1 year, a partment of Justice just received 98 credit, and say, ‘‘Now you have to live car owner in South Dakota could save times more than this year’s level. If we within your means,’’ that is what this $180 on an average auto loan, if we bal- balanced the budget in 1985 and contin- amendment will force this Congress to ance the budget and keep it balanced. ued the current rate of spending, we do. The Concord Coalition estimates that could have done all of those things. If Despite compelling evidence of the the average family’s income is $15,000- you did not like them, fund something need for immediate deficit control, leg- plus a year lower because of the defi- else. islative budget controls have failed to cits of the past 20 years. It impacts ev- What if Congress had balanced the produce a budget surplus since 1969. We eryone—whether you work or don’t, budget in 1970 and kept it balanced? tried it with Gramm–Rudman. It whether you have children or whether That was the year after we started the sounded good. What happened? When you don’t. We can improve wages. We deficit spending. What if we actually we went to the sequester, when the can create jobs. A 2-point cut in inter- had a $5 trillion surplus? We could pre- rubber hit the road and we had to make est rates would not only reduce loan serve both Medicare and the Social Se- the decision, we changed the law. We payments for families, but it would curity Program for our children. Veter- copped out. You cannot change this produce more jobs, perhaps 41⁄2 million ans benefits and services could be in- law. If we pass it into the Constitution, more in 10 years. For businesses, a 2- creased by 116 times. We could provide it is constitutional, you have to do it. point percentage reduction in rates tax refunds instead of tax increases. In- Deficit spending is no mystery, al- would lower investment costs and en- stead of imposing fees to enter our though some would prefer it remain so. hance the incentive to invest. parks, we could increase funding for In fact, on Thursday, the Senator from I don’t want to have to explain to my national parks by 4,000 times. North Dakota displayed a chart titled, children someday, as we look back on So when you hear the people come to ‘‘We Cut the Deficit in Half.’’ While it this debate, why I stood here and mort- the floor and say it does not matter, we is true that the deficit projections are gaged away their future. I am standing do not need to clutter the Constitu- decidedly better than the May 1996 es- on this floor today, proudly in the tion, that is not cluttering the Con- timates, what actually accounts for sense that I support this amendment, stitution. That is a well-needed amend- the rosier outlook? The welfare reform but in a way ashamed that we have to. ment. Had we done this in 1970—true, legislation we passed last year had the A baby born today can expect that over we would not need the amendment. greatest budgetary impact of any piece $187,000 of his or her lifetime income That is why we have the amendment of legislation passed by the 104th Con- will be used just to pay interest on the process, Mr. President. The U.S. Con- gress, according to CBO. This was the debt—$187,000. stitution should be amended only in bill which President Clinton had to be Paul Tsongas, our former colleague, the gravest of times, only when it is dragged kicking and screaming to sign. described Congress’ deficit spending as necessary. How much graver can you And he apologized for signing it, but he ‘‘generationally immoral.’’ He was get than the kind of debt we are pass- signed it. That is the important thing. right. He was right a lot. I wish some of ing on to our children? How much grav- In addition, in his recent budget re- the colleagues on the other side of the er can you get than a $10 to $15 to $20 quest, the President now proposes to aisle would have listened to their trillion debt? That is where we are add $22 billion in new spending to that former colleague. We must look for a headed. welfare bill. Yet, he wants us to trust real long-term solution to address the It has been changed 27 times, this legislative remedies. Legislative rem- retirement of the baby boom genera- Constitution. It affects every single edies don’t work, folks, because of tion and the explosion of entitlement Government activity and all Federal human nature—the temptation to programs that will accompany this spending and touches the life of every spend. shift. We must not push off these disas- man, woman, and child in our Nation, With a balanced budget constitu- ters and leave them to my children and this issue of debt. A constitutional re- tional amendment, we don’t have to your children to solve. In simple terms, quirement makes it impossible for Con- worry about the whims and indul- when we all shuffle off this planet at gress to shirk its duty to make respon- gences of a President, or Congresses, in some time—hopefully, later rather sible fiscal decisions. That is what this years to come. Congress would have to than sooner—you would probably like debate is about: discipline by a con- stick to a strict budget just like Amer- to leave your assets to your children. stitutional requirement. No copout. ican families and businesses. We need Do you sit up at night and dream about You cannot have Senators coming on to pass this amendment. We need to leaving them your debts, your mort- the floor, giving all these excuses, be- pass it now. We should have passed it gage, your car payments? Or would you cause it is in the Constitution. So they years ago. We could have passed it 2 like to leave whatever you were able to will have to do it. We may disagree on years ago. We lost by one vote. All we build up as assets? what we want to cut or what we have are doing, my colleagues, is giving the The PRESIDING OFFICER. The time to do to balance that budget. We may American people a chance to have this of the Senator has expired. disagree on that, and we will have that go to their State legislatures so that Mr. BOB SMITH. May I have 2 more debate, vote, and take our lumps one they, then, can act to either approve or minutes? way or the other, but we have to do it. disapprove what we do. We are giving Mr. HATCH. I yield 2 more minutes We have to do it. That is what we have them the opportunity. to the Senator from New Hampshire. to do now. Congress will have to come Over the last 60 years, total Federal Mr. BOB SMITH. I thank my col- up with cures for the Nation’s financial expenditures have increased by more league. The conclusion is that there is woes, not just Band-Aids, and not just than 800 percent. By 2020, if we do not a light at the end of this tunnel. You words. raise taxes, we can zero out all Federal know what stands in the way of that In a very few years, Mr. President—I spending, except interest on the debt, light, Mr. President? About three am sure Senator HATCH and others and still not balance the budget. That votes—three votes. Maybe two. Senator have said this on the floor—in a very is why we need it now. HATCH is counting the votes. I haven’t few years, interest rates on the debt Now, it’s interesting that when we been counting them all. But it’s two or plus entitlements will equal 100 percent think about balancing the budget, we three votes, two or three U.S. Senators S1174 CONGRESSIONAL RECORD — SENATE February 10, 1997 who are probably on the fence. That is not be quibbling over two votes. This amendments—five versions that pro- the difference. That is how close it is. amendment would leave the floor of tected Social Security, avoided the We lost it by one vote 2 years ago. the Senate and the House with the supermajority gridlock, and addressed Votes do matter. That is the dif- kind of substantial bipartisan majority important issues that protect the ference between trillions in more debt which would say to the legislatures American people particularly in times and mortgaging our future or not. Sen- across America that this amendment is of recession. ator Rudman, my New Hampshire col- a better one, a better version. But you I would also like to make note of an- league, said to me one time, ‘‘There are know what happens in this town, in other element. Some say that this will only two things that can happen if we ‘‘Wonderland, DC.’’ Special interest lead to irresponsible behavior by the don’t stop this insane process. First, groups get dug in. You can’t change a Senate and the House; that, if the Dur- we can continue to deficit spend and word. If you touch a word of it, you are bin amendment is adopted requiring just cause sheer chaos when we can’t betraying all of the trust that has been only a majority vote, the people will pay our bills and go bankrupt. Or, sec- given you. Please, how seldom we rise exploit this amendment. I do not think ond, we can print more money and sit to amend this Constitution. Should we the critics have taken a close look. If around with 200, 300 percent inflation.’’ not do it in a way that is responsible, the critics of this amendment will read We should all think about what that in a way that meets the requirements it carefully, they will see that, in my would do to our daily lives. of our future? amendment, anxiety is not the basis There is no other option if we don’t You know, during the worst days of for waiving the balanced budget. They balance the budget. It is insane. Every our budget deficits, during the Reagan will see that it requires, in fact, spe- American—man, woman, and child—in and Bush administrations, there were cific action by the House and by the this country knows it is insane. They many Members of the House—most are Senate for waiving. know it. You know you would not put not serving now—that I served with, First, there must be an economic re- up with it with your school board, your who used the balanced budget amend- cession, or a serious economic emer- business, or your local government, ment as a figleaf for their fiscal reck- gency in the United States. town government; but you let the Fed- lessness. They would rush down and Second, Congress, must declare that eral Government, the Congress men vote for these unbalanced budgets. there is such a recession, or serious and women spend you into oblivion. They would lard up their districts. economic emergency, by joint resolu- tion. There is a light at the end of the tun- They would vote for big spending here Third, that resolution must be adopt- nel, and I hope that the U.S. Senate and there. And then, when people said, ed by a majority of the whole number and the Senators won’t block that ‘‘Well, how do you explain doing this of each House. light. I hope this month the Senate when it produces such deficits?’’ ‘‘I am Fourth, that resolution must become will show the American people that for a balanced budget amendment, I law, which means it must be signed by they are interested in the future of our want to amend the Constitution, and I the President, or enacted over his veto country and our children. Thank you want to make it against the law for by two-thirds vote of both Houses. very much. people to do what I am doing. That I do not believe that any future Con- Mr. DURBIN. Mr. President, I thank shows you how sincere I am.’’ gress will view this as an escape hatch the Senator for his contribution to this Now we are like generals fighting the to ignore the requirements of a bal- debate. I agree with him that there are last war. That mentality, that lan- anced budget. If they do, it will be at many leaders in both political parties guage, brought to 1997 is what we want their own political peril. who come to this issue with complete to put in and enshrine in this Constitu- I believe that the requirement which sincerity. He has noted my predecessor, tion, saying that the wording and I have in my amendment to the bal- Senator Paul Simon of Illinois, the late terms are inviolate, ignoring the reali- anced budget amendment will require Paul Tsongas of Massachusetts, Warren ties. And, yet, the Treasury Secretary public accountability, a record vote, Rudman, and the list goes on—men and and over 1,000 recognized experts on the and the determination by the House women who have taken the time to economy have come forward and and the Senate that, in fact, we do face analyze this situation and have come warned us. They have warned us to an economic emergency. to the conclusion that a balanced budg- think twice about this. It may have a The chairman has also said we do not et amendment is in the best interest of surface political appeal. But how on need the Durbin amendment; that what this Nation. God’s green Earth is it going to work? we need to do is to run a surplus in our I respect all of those people, but I re- The chairman spoke eloquently in Treasury so we have a so-called rainy spectfully disagree with them when it the debate on Thursday regarding my day fund that we can turn to to take comes to the specific language of this amendment and said, ‘‘The very pur- care of working families who have lost amendment. There is a reason why the pose of this provision of the distin- their jobs. Unfortunately, the lead wit- Secretary of the Treasury, Mr. Rubin, guished Senator from Illinois is to ness called by the chairman of the Ju- after 26 years on Wall Street, came be- make a balanced budget amendment diciary Committee to testify on behalf fore our Judiciary Committee and tes- easier to waive.’’ He went on to say, of the balanced budget amendment, tified that absent an amendment, such ‘‘Instead of trying to find ways to former OMB Director James Miller, as the one I am offering today, this avoid fiscal responsibility, we ought to who is living proof of the redemption of procedure that we are enshrining in the be working toward passing a strong politics, a man who has presided over a Constitution will tie our hands in balanced budget amendment that will series of deficits as OMB Director and times of economic emergency and re- help us to keep out of recessions in the now is totally committed to a balanced cession. It will turn recessions into first place.’’ budget since he no longer holds that deeper recessions or even depressions. I would like to say to the distin- position, came before us and said that, We can’t justify that, in the name of guished chairman of the Senate Judici- if he could change one thing in this clinging to the old school language of ary Committee that if he can help us balanced budget amendment, he would the balanced budget amendment. The craft an amendment that will abolish allow the Federal Government to es- Senator from New Hampshire says we recessions in the American economy, I tablish a rainy day fund, or a stabiliza- may be within one or two votes. will certainly consider it carefully. But tion fund. I say to the Senator from New Hamp- I do not think we gain anything by sug- Mr. Miller knows, I know, and I shire, if we can sit down in a calm, bi- gesting that a balanced budget amend- think most do, the language being of- partisan way and address two aspects ment will put an end to the business fered by the chairman in Senate Joint of this balanced budget amendment, cycle. With or without this amendment Resolution 1 does not allow the cre- the supermajority gridlock when it we will someday face a recession, and ation of a surplus, or this rainy day comes to a national disaster or na- the question is, How will we respond? fund, to be there when our economy is tional economic emergency, and pro- For those who question whether or in need. That, I think, is a serious tection of the Social Security trust not this Senator from Illinois will vote shortcoming. fund, I would daresay to my friend for a balanced budget amendment, I Chairman Greenspan of the Federal from New Hampshire that we would have voted for five balanced budget Reserve Board, a man credited by both February 10, 1997 CONGRESSIONAL RECORD — SENATE S1175 political parties despite controversy of curred, and I am not certain where we the balanced budget amendment will having used monetary policy to sta- would stand today in terms of our eco- somehow inhibit the functioning of the bilize our economy, was testifying be- nomic situation. so-called automatic stabilizers. Mr. fore the Budget Committee when I I reserve the remainder of my time. President, I believe the importance of asked him point blank, ‘‘Are you for a Mr. HATCH addressed the Chair. automatic stabilizers has been over- balanced budget amendment to the The PRESIDING OFFICER. The Sen- stated and, in any case, the balanced Constitution?’’ He said that we should ator from Utah. budget amendment will not inhibit not put ‘‘detailed economic policy’’ Mr. HATCH. Mr. President, what we their functioning. Moreover, the Dur- into the Constitution. I asked him need to do for families is to resist the bin amendment does not respond to the about the automatic stabilizers, the higher interest costs on the mortgages, concerns raised about the automatic Government coming to the rescue of an student loans, consumer purchases, stabilizers. It simply allows Congress economy because of a recession. He auto loans, et cetera. If Congress can to avoid the balanced budget rule by a said, ‘‘It is far better to have a surplus get its fiscal house in order, more jobs lower threshold. or rainy day fund.’’ will be created and those jobs will be Just to be clear on what these sta- I am sorry to tell Chairman Green- more secure. If Congress stops borrow- bilizers are supposed to do, the notion span that the balanced budget amend- ing so much, we will have a more sta- of automatic stabilizers has to do pri- ment before us today does not give us ble economy, which, of course, can help marily with the belief that in an eco- that option. It does not give us that op- us to avoid these economic downturns nomic downturn, there is a decrease in tion and, because it does not give us in the first place. The only way we are tax revenues and a concomitant in- that option, is fatally flawed. going to get there is to quit piling the crease in unemployment compensation Let me speak to the supermajority 29th unbalanced budget and the 30th and other welfare payments. vote again. Not only would a super- and the 31st on top of each other. The claim that the automatic sta- majority vote result in too many of our The fact of the matter is the bal- bilizers have moderated the business predecessors failing to ratify our Con- anced budget amendment is flexible cycle is based on the assumption that stitution but a supermajority vote— enough to respond to most needs—in the relative increases in Government think about this for a moment. Think fact, all needs. Put it that way. But it spending associated with automatic about it in the context of the last 24 is serious enough to stop Congress from stabilizers causes automatic, effective months, the last 24 months when this continuing the pattern of borrowing counter-cyclical fiscal policy. It is ar- Government was in such chaos and year after year which has kept the gued that such increased spending is gridlock that we had Government shut- economy from growing as well as it the key to moderating both the depth downs. Because of the requirement of a could have. and length of recessions and that the supermajority vote? No. Because of the My colleague from Illinois has intro- balanced budget amendment will pre- requirement of a majority vote to ex- duced an amendment that seeks to vent that spending from occurring. tend the debt limit of the United waive the provisions of Senate Joint I believe the characterization of the States. Facing the need to pass a debt Resolution 1 for any fiscal year in effectiveness of the automatic stabiliz- limit bill simply acknowledging our which there is an economic recession ers has been overstated. obligation for debt already incurred, or or serious economic emergency. As When appearing before the Senate about to be incurred, we could not do it such, the Durbin amendment seeks to Budget Committee just last month, by majority vote. Without that debt avoid the three-fifths vote required by CBO Director June O’Neill was asked a limit extension, Federal law required Senate Joint Resolution 1 to waive the question about the relationship be- that the functions of Government stop. balanced budget rule. This three-fifths tween automatic stabilizers and the ap- The Government was shut down not majority was placed in the balanced parent moderation in the business once but twice for a total of 27 days at budget amendment so that a simple cycle over the last half-century. She the cost to taxpayers of over $1.4 bil- majority of the Congress could not run cited better monetary policy and the lion for the failure of Congress to mus- deficits except in important situa- Nation’s move from away an agricul- ter a majority vote. tions—those recognized by a super- tural based economy, with the inherent Now we hear from the proponents of majority of the Members. Efforts such ups and downs that go along with agri- this amendment, ‘‘Trust me. If we get as the Durbin amendment would blow a culture, as factors at least as impor- into trouble, if there is a regional eco- huge hole in the balanced budget tant as automatic stabilizers in mini- nomic recession, if there is a disaster, amendment. mizing recessions. Additionally, the a Midwest flood, or hurricane in Flor- The terms used in the Durbin amend- move to a service economy and better ida, surely this Congress will come to- ment is undefined. The determination inventory management practices have gether and do the responsible thing.’’ of an economic recession or serious reduced the fluctuations associated Well, we saw, unfortunately, in recent economic emergency could easily be with inventory overstocks and the fac- memory when the Congress did not rise manipulated by a spendthrift Congress tory economy. to its responsibility, or rise to the oc- as a way to avoid the discipline of the Further, a financial markets expert casion, and allowed these terrible Gov- balanced budget amendment. Thus, the pointed out to the Judiciary Commit- ernment shutdowns for lack of a major- amendment would create a giant loop- tee that the primary reasons why the ity vote. And now we are putting in the hole that would swallow the balanced business cycle has moderated in recent Constitution of the United States clear budget rule. years are, first, monetary policy, which language to require a supermajority to Remember, also, that if the balanced is controlled by the Federal Reserve respond to a national economic emer- budget amendment is waived for a re- Board; and second, the increasing effi- gency. cession, it is waived for all spending in ciency of private markets, because of The Senator from Idaho, Mr. CRAIG, that year. In other words, this amend- better information and other factors. said on Friday that past Congresses ment would permit deficit spending for These have nothing to do with auto- have passed economic stimulus pack- any number of wasteful projects that matic stabilizers or fiscal policy. ages in times of recession when they are in no way related to the so-called It is relatively well-recognized that were needed with the necessary 60 economic emergency. Just remember the perceived moderation of the busi- votes, including 1993. Unfortunately, President Clinton’s 1993 attempt to ness cycle over recent decades is due to his recollection was not accurate. The push through a multi-billion dollar many factors. For example, a Decem- inability to obtain 60 votes prevented boondoggle under the guise of trying to ber 2, 1996 article in the Washington enactment of antirecession legislation end a recession which had in fact al- Post affirmed, ‘‘The success in finally in 1993, and even the President’s deficit ready ended. In short, Mr. President, if halting the U.S. economic roller-coast- reduction package, which turned out to you take your finger out of the hole in er has been the result of many ele- be a tremendous boost to the economy, the dike, the whole town is going to be ments * * *’’ passed this body only when the Vice flooded. The Post article cited ‘‘new tech- President voted with an ‘‘aye’’ vote. By One of the arguments made in favor nologies, the deregulation of many in- supermajority it never would have oc- of this amendment is that without it, dustries, and the increased S1176 CONGRESSIONAL RECORD — SENATE February 10, 1997 globalization of business and finance,’’ rule better than we can now without it, concerned about when we can spend as some of the most important changes with chronic, structural deficits. more, and more concerned about when that helped stabilize our economy. Even if we drop below an intended we must spend less. Global trade enables us to export what annual rainy day surplus, the balanced Senator DURBIN’s amendment seeks would otherwise be oversupply thus budget amendment has anticipated this to waive the provisions of Senate Joint avoiding a bust cycle. sort of need. A three-fifths vote in Con- Resolution 1 for any fiscal year in Further, that article quoted Herb gress will allow the balanced budget which there is an economic recession Stein, a former chairman of the Coun- rule to be suspended for a year. That or serious economic emergency in the cil of Economic Advisors, who noted way, we have the flexibility to run rea- United States as declared by joint reso- that ‘‘[b]ecause the economy is so big sonable deficits if we need to. The lution. As such, the Durbin amendment and so diversified and so open to the three-fifths requirement makes sure seeks to avoid the three-fifths vote ma- world economy, a shock would have that we do not waive the amendment jority prescribed by Senate Joint Reso- less impact now.’’ Thus, an event that unless it is a true need and not just an lution 1 in avoiding the requirement may have sent the country into a re- attempt to avoid the tough choices. that receipts match outlays for any cession in 1890 would only be a local- Some have suggested that the nec- given fiscal year. This three-fifths ma- ized disturbance today. essary three-fifths will be hard to come jority was placed in the balanced budg- Another major factor in helping to by. The history of the votes in Con- et amendment so that a simple major- tranquilize recessions that the Post gress demonstrate that in actual cir- ity of the Congress could not run defi- recognized is that we are no longer on cumstances of economic need, the Con- cits except in important situations— the gold standard. ‘‘After the United gress has had little difficulty achieving those recognized by a supermajority of States was no longer obligated to de- the vote that would be required under the members. Efforts such as the Dur- fend the price of gold, and the nation’s the balanced budget amendment, de- bin amendment will render Senate deficits in international transactions spite the fact that no such requirement Joint Resolution 1 useless. could be financed easily by that world was in place. The Durbin amendment is wholly un- capital market, the Fed had far more The Congress has voted a number of necessary. A brief analysis of historical ability to set interest rates according times to extend the emergency unem- fact will demonstrate that in cir- to the needs of the domestic economy.’’ ployment compensation program. Dur- cumstances of national disaster or eco- So while these automatic stabilizers ing the past 15 years, according to the nomic downturn, the Congress has had may have had some effect, there are Congressional Research Service, there little difficulty passing remedial legis- clearly many other major factors that is only one instance where the exten- lation with supermajority support. have brought our economy to the level sion of this important program failed The history of votes in this body of consistency we enjoy today. to garner a supermajority of votes in demonstrates that in actual cir- Certainly the automatic stabilizers either Chamber. Indeed, in many cases cumstances of economic assistance for are no justification for balancing the even higher supermajority require- unemployment or disaster relief, the budget only eight times in the last 65 ments would have been fulfilled. In Congress has had little difficulty years. Let’s face it. Our deficits have times of real need, Congress will get a achieving the supermajority vote that not been countercyclical, they have three-fifths vote. been counterproductive. While business Some have also argued that the Dur- would be required under the balanced cycles have come and gone over the bin amendment is needed because Con- budget amendment. The Congressional last four decades, our deficit habit has gress is too slow to respond to reces- Research Service helped me do some not. Our deficits are structural and sions. Well, they are half right. Con- research on voting patterns in this largely permanent, not cyclical. gress is too slow to respond to reces- area. I want to present for you the re- I also want to note that the notion of sions. Almost everyone agrees that sults of my research because I think it a country spending itself out of a reces- when Congress tries to spend the coun- is illustrative. sion is now rejected by many econo- try out of an economic downturn, their Let me summarize the results brief- mists. One commentator has wryly attempt either has little effect or they ly: On the question of responding to stated that the theory of spending and make things worse by spending as the economic recessions, the Congress has borrowing out of a recession ‘‘is the economy is already recovering and voted a number of times to extend the game-plan that propelled Argentina then sowing the seeds of a future reces- emergency unemployment compensa- and Bolivia to economic superpower sion. tion program. During the past 15 years, status in the 1970’s.’’ More recently, But the Durbin amendment does I count only one instance where the ex- Japan has tried to do this and the re- nothing to address this concern. It does tension of this important program sult has been continued recession and not speed up congressional action—I’m failed to garner a supermajority of larger debt. On the other hand, a num- not sure anything can. All it does is votes in either Chamber, based on Con- ber of the world’s up-and-coming coun- change the vote required from three- gressional Research Service data. tries are enjoying booming economies fifths to a majority. And since history Similarly, in the area of disaster re- while keeping their national budget in clearly shows that we get the three- lief, over the past 7 years, I found that balance or even surplus. Perhaps we fifths when we need it, all this amend- in virtually every circumstance, emer- should be more concerned that we do ment would do is make it easier to gency spending bills placed before the not spend ourselves out of prosperity. waive the balanced budget rule when House and Senate passed with super- But even if we assume that auto- we don’t really need it. majorities, on the order required by matic stabilizers are important, Mr. Finally, Mr. President, when he in- the balanced budget amendment, even President, the balanced budget amend- troduced his amendment the Senator though no such requirement was in ment will not impede their use. from Illinois told a story about a friend place. The balanced budget amendment in who needed temporary help from the Let me go into more detail on the un- no way prevents us from running a Government in his transition from one employment compensation votes. H.R. small surplus, which could be used to job to another. There is no doubt that 3167, which became Public Law 103–152, offset the effects of an economic down- this is a meaningful and laudable use of extended the emergency unemploy- turn, thus avoiding a deficit. In fact, a our precious resources. ment compensation program [EUCP] in number of experts the Judiciary Com- But it seems to me that we do all the November 1993. This conference report mittee has heard over the years have working people of America a lot more passed the House with a vote of 320 to suggested we do so. Fred Bergsten, a good if we balance the budget, and thus 105 and passed the Senate, 79 to 20. The noted economist and former Treasury reduce the number of recessions that underlying bill achieved similar ma- Department official, suggests we create they must endure, than if we create a jorities, passing the House 320 to 105, a habit of regularly shooting for a loophole in the balanced budget and the Senate 79 to 20. In March 1993, small surplus, rather than absolute amendment to allow future Congresses another emergency unemployment balance, which will allow us to use fis- to easily increase the already crushing compensation bill passed the Congress cal policy within the balanced budget burden of debt. We ought to be less and became Public Law 103–6. The February 10, 1997 CONGRESSIONAL RECORD — SENATE S1177 supermajority on H.R. 920 in the Sen- propriation for the emergency expenses Mr. DURBIN. Mr. President, I think ate was 66 to 33, and the vote in the of the Los Angeles earthquake, human- the chairman, the Senator from Utah, House was 254 to 161. itarian assistance and peacekeeping ac- concluded that automatic stabilizers In 1992, the House passed the con- tivities, as well as for Midwest flood as- do have some impact. I think that the ference report on H.R. 5260, to extend sistance and highway reconstruction chairman would agree with me that for the EUCP, by a vote of 396 to 23. The from the San Francisco earthquake, a person who has lost his job or a per- Senate acted similarly, passing the passed the House by a vote of 337 to son who has lost her job, the prospect bill, which became Public Law 102–318, 74—not really close, was it, to the 261 of turning to the Government for un- by a vote of 93 to 3. Also in 1992, the required for the three-fifths vote. The employment insurance to continue to Senate passed H.R. 4095 to extend the same measure passed the Senate by a keep your family together not only EUCP by a vote of 94 to 2. The House vote of 85 to 10. stabilizes your situation while you passed the same bill, which became The 1993 fiscal year disaster supple- search for another job but helps to sta- Public Law 102–244, by a vote of 404 to mental appropriations bill, H.R. 2667, bilize the economy. 8. providing nearly $3 billion for emer- I think the Senator from Utah would In 1991, the House passed S. 1722, to gency relief from the widespread flood- agree with me that unemployed work- provide emergency unemployment ing in the Midwest and other natural ers seeking retraining and additional compensation, by a vote of 294 to 127. disasters, passed the House by a vote of education to find a job in fact help to The Senate passed the same bill, which 400 to 27. The Senate adopted it by stabilize our economy. And that is ex- was vetoed by the President, by a vote voice vote. actly the point of this debate. of 69 to 30. Similarly, the House passed In 1992, the disaster relief supple- I would concede every point made by the conference report on this bill by a mental appropriations bill, H.R. 5132, the chairman about all of the other vote of 300 to 118 and the Senate passed passed the Senate by a supermajority stabilizers that have evolved in our the measure 65 to 35. Earlier in 1991, vote of 61 to 36. The bill provided $2 bil- economy if he would concede that the House passed H.R. 3201, to provide lion in new budget authority for fiscal there is still a legitimate role of spe- emergency unemployment compensa- year 1992, including funds for disaster cific programs which step in to help tion, by a vote of 375 to 45. This meas- assistance and loans to respond to the the unemployed family. ure became Public Law 102–107. The Los Angeles riots and the Chicago tun- Let me give you an illustration of Senater passed it by voice vote. Fi- nel collapse and subsequent flooding. this which has been used in this debate nally, H.R. 1281 was passed in March In the House, the same bill passed by a before. This is an illustration of the 1991, providing funding for the Unem- vote of 244 to 162. business cycle in America from 1870 ployment Compensation Administra- Also in 1992, the defense and disaster forward. The spikes on the top of the supplemental appropriations bill, H.R. tion [UCA]. This bill passed the House line are the good news. That is when 5620, providing $10 billion in grants and the economy was expanding, businesses with a vote of 365 to 43. It passed the loans to help victims of Hurricane An- were growing, farmers were doing well, Senate by a vote of 92 to 8. The con- drew, Typhoon Omar and Hurricane and jobs were being created. ference report on this bill, Public Law Iniki, passed the Senate by a vote of 84 But every time we dip below this 102–27, passed with tallies of 340 to 48 to 10, it passed the House by a vote of line, we see unemployment, businesses and 93 to 3, respectively. In 1990, the 297 to 124. Finally, the 1992 supple- going out of business, farmers quitting, House passed H.R. 4404, to provide fund- mental appropriations bill passed the heading to town. And look at these ing for the UCA, by a vote of 362 to 59. Senate with a vote of 75 to 17. This bill spikes in the economy on the negative The conference report passed 308 to 108. provided $8 billion for Operations side leading up until about 1945 or This bill became Public Law 101–302, Desert Shield and Desert Storm as well 1947—much more pronounced, much after passing the Senate by voice vote. as other moneys for communities re- more dramatic, deeper recessions, de- All the way back in 1983, the Senate covering from other natural disasters. pressions, millions of Americans put passed H.R. 1718, to provide funds for The same bill passed the House by a out of work. the Unemployment Trust Fund. The vote of 252 to 162. The conference re- But what happened after the mid- bill, Public Law 98–8, passed the Senate port passed the House by a vote of 303 1940’s? We see the downturns, but they 82 to 15. Finally, the Senate voted in to 114. are barely noticeable in comparison to February 1982 to pass House Joint Res- Last, the 1990 continuing appropria- what occurred before that time. olution 391, to provide funding for the tions bill, House Joint Resolution 423, Automatic stabilizers. The things Employment and Training Administra- provided disaster assistance generally. which the Senator from Utah noted— tion, by a vote of 95 to 0. This bill passed the House by a vote of global economy, monetary policy, so What do these vote tallies indicate? 321 to 99, and passed the Senate by a many other things—but what happens They demonstrate that the Durbin vote of 97 to 1. are the things I have noted as well. amendment is completely unnecessary. During the past 7 years, we have Families out of work had a place to During the past 15 years, my research voted many times on emergency disas- turn. It was no longer survival of the reveals only one instance where a vote ter funding programs. I count only two fittest. If you had personal responsibil- to provide unemployment compensa- situations where a supermajority was ity, if you were held accountable, you tion during a period of economic reces- not reached—this despite the fact that had a means to get back on your feet. sion did not pass by a supermajority. no supermajority was needed. Last Thursday, in this debate I One time in 15 years. That’s remark- The facts are hard to refute. The talked about my friend, Bob Bergen, able. Durbin amendment clearly has little or who lost his job at the factory in Similarly, in the area of disaster re- no factual basis when compared to the Springfield. Bob came by my house lief, Congress has overwhelmingly voting record of the Congress. When yesterday in Springfield, and we were acted by supermajority votes in re- the situation warrants, either because talking about it. I said, ‘‘Bob, remind sponding to crises. of economic recession or natural disas- me. How did you get out of that factory In fiscal year 1995, the House and ter, this body has had little difficulty job?’’ which he had been at for 22 years. Senate voted on H.R. 1944, which pro- achieving a supermajority of votes to They closed down the factory, and he vided $7.2 billion disaster aid, mostly pass needed spending programs. The got into the business of furnaces and to help with recovery efforts in Los An- balanced budget amendment has the air-conditioning. I said, ‘‘What was the geles from the 1994 earthquake. The flexibility necessary to respond to true name of the program?’’ bill passed the Senate with a vote of 90 emergencies. Creating loopholes like ‘‘The JTPA Program. I signed up for to 7—a clear supermajority. In the the Durbin amendment only serve to it, and I went to the community col- House, the bill passed with 276 votes— make deficit-spending as a matter of lege. I took the courses, and when they also a supermajority. course easier. closed that plant, I was ready to do The 1994 fiscal year Disaster Supple- I reserve the remainder of my time something with my life.’’ mental Appropriations bill, H.R. 3759, and yield the floor. JTPA is a Federal Government pro- received similar treatment. That bill, The PRESIDING OFFICER. The Sen- gram. It is one of the automatic sta- to provide nearly $10 billion in new ap- ator from Illinois. bilizers we have used in the past. To S1178 CONGRESSIONAL RECORD — SENATE February 10, 1997 discount that or dismiss it and say that fore us for not including the possibility economic policy. The amendment also under- it has nothing to do with Bob Bergen of accumulating surpluses in a rainy mines the important constitutional principle now in a good business in Springfield, day fund. That is what we do to prepare of majority rule by establishing a three- IL, employing his son, I might add, as for economic downturns in my own fifths vote to allow a budget to go unbal- anced. are so many millions of others, is to ig- State of Vermont. The American public has a right to know nore reality. So I hope we might pay attention to how a balanced budget will be achieved be- Let me address one other point raised the Durbin amendment. I hope we fore a balanced budget amendment is en- by the chairman. might support it. acted. Which important programs—edu- The chairman says that my use of The distinguished senior Senator cation, health care, social security, transpor- the term ‘‘economic recession’’ is just from West Virginia, Senator BYRD, tation, job training, environmental protec- not precise enough. I call the attention challenged the other side to explain the tion, housing—will either be dramatically of the chairman to Senate Joint Reso- language in this proposed constitu- cut or eliminated threatening America’s vital interests? lution 1, to his own language, which al- tional amendment to say how it is We strongly urge you to oppose the con- lows, in section 5, Congress to waive all going to work; what do the words stitutional balanced budget amendment. the provisions of the balanced budget mean; what sections do what? In fact, Sincerely, amendment in times that ‘‘the United nobody has taken up the Byrd chal- AFSCME. States is engaged in military conflict lenge. I urge the proponents to accept ACORN. which causes an imminent and serious the challenge of Senator BYRD, if they Advocates for Youth. military threat to national security.’’ can—I suspect they cannot—and say AIDS Action Council. Alliance to End Childhood Lead Poisoning. What does it mean? Troops in the just what the words mean. Amalgamated Transit Union. field, troops under fire, whether or not If you read the words, they say, American Arts Alliance. we suspect that might occur or it al- ‘‘Total outlays for any fiscal year shall American Association of Children’s Resi- ready has? These sorts of things sug- not exceed total receipts for that fiscal dential Centers. gest that whatever the language of this year.’’ Then they provide for waiver by American Association of Classified School constitutional amendment, our imple- a three-fifths majority —come on, that Employees. menting legislation is going to have to is not going to happen. The rainy day American Association of Retired Persons. be there to make certain that it is ex- fund is out. It would require outlays, American Association of University Pro- fessors. plained in detail. specifically, those saved in the rainy American Federation of Government Em- At this time I yield to the ranking day fund, to be expended in a latter ployees. Democrat, Senator LEAHY. year and thereby exceed the total re- American Federation of School Adminis- Mr. LEAHY. Mr. President, how ceipts for that fiscal year. trators. much time do I have remaining? I ask unanimous consent that a copy American Federation of Teachers. The PRESIDING OFFICER. The Sen- of a letter opposing the so-called bal- American Friends Service Committee. American Jewish Committee. ator from Vermont has 71⁄2 minutes. anced budget amendment for the Coali- Mr. LEAHY. Mr. President, I yield American Jewish Congress. tion for Budget Integrity be printed in American Postal Workers Union. 1 myself 3 ⁄2 minutes. the RECORD. This is a coalition of ap- American Public Health Association. I do support the Durbin amendment. proximately 150 organizations that op- Americans for Democratic Action. I stated earlier that I wish it would not pose amending the U.S. Constitution to Association of Performing Arts Centers. be tabled, that we would have a add a 28th amendment on budgeting. B’nai B’rith. straight up-or-down vote, but I think The organizations range from labor Bazelon Center for Mental Health Law. the American public understands what unions and children’s advocacy groups, Bread for the World. the vote means. Catholic Charities USA. to seniors’ groups, teachers, religious Center for Community Change. I was interested in hearing my friend, and secular charities, environmental Center for Law and Education. the chairman of the Judiciary Commit- groups, nutrition groups, and veterans. Center for Law and Social Policy. tee, the senior Senator from Utah, op- There being no objection, the letter Center for Science in the Public Interest. pose the Durbin amendment last week was ordered to be printed in the Center for the Advancement of Public Pol- by saying the proposed constitutional RECORD, as follows: icy. amendment does not need the flexibil- COALITION FOR BUDGET INTEGRITY, Center on Budget and Policy Priorities. ity of the Durbin amendment in times Washington, DC, February 4, 1997. Center on Disability and Health. Center on Social Welfare Policy and Law. OPPOSE THE BALANCED BUDGET AMENDMENT of economic crisis because we can build Chicago Coalition for the Homeless. up yearly surpluses to handle tough We, the undersigned organizations, strong- Child Welfare League of America. times. The distinguished chairman ly urge you to oppose a balanced budget Children’s Foundation. said: amendment to the United States Constitu- Children’s Defense Fund. tion. The balanced budget amendment in no way Church Women United. The proposed constitutional amendment is prevents us from running a reasonable sur- Citizen Action. not the answer to the nation’s economic plus which could be used to offset the effects Coalition for Low Income Community De- problems. The proposed balanced budget of an economic downturn. This surplus would velopment. amendment is likely to damage the economy allow us to use fiscal policy within the bal- Coalition for New Priorities. more than strengthen it. The amendment anced budget rule better than we can now Coalition of Labor Union Women. would require larger spending cuts or tax in- without it. Coalition on Human Needs. creases in years of slow growth than in years Colorado Rivers Alliance. Not quite so. The constitutional of rapid growth, precisely the opposite of Common Cause. amendment does not have that flexibil- what is needed to stabilize the economy and Communications Workers of America. ity. It is very specific as it is written, avert recessions. The amendment thus risks Community Nutrition Institute. and it prohibits this use of a rainy day making economic recessions more frequent Community Service Society of New York. fund. Indeed, those who support it— and deeper. Consumer Federation of America. proponents’ own witnesses before the A constitutional amendment would also be Council of Graduate Schools. likely to limit public investments which are Council of Jewish Federations. Judiciary Committee over the course critical to long-term economic growth be- Democratic Socialists of America. of the last two Congresses—pointed cause the amendment fails to distinguish Economic Policy Institute. this out and suggested the language be public investments needed for growth from Environmental Action. amended to provide for such a rainy other areas of government spending. The Environmental Justice Working Group. day fund. The distinguished Senator amendment would largely deny the federal Environmental Working Group. from Illinois was present at those hear- government a basic practice that most busi- Families USA. ings this year when they were saying nesses, families, and state and local govern- Family Service America. just that. ments use—borrowing to finance invest- Food Research Action Center. ments with long-term payoffs. Friends Committee on National Legisla- Fred Bergsten in 1995 and James Mil- This amendment has no place in the Con- tion. ler in 1997, the witnesses brought by stitution of the United States. It would inap- Friends of the Earth. the proponents of the constitutional propriately draw the judicial branch of gov- Fund for New Priorities in America. amendment, criticized the language be- ernment into the determination of fiscal and Grassroots Policy Project. February 10, 1997 CONGRESSIONAL RECORD — SENATE S1179 Gray Panthers. United Auto Workers. Mr. LEAHY. I withhold the remain- Hadassah. United Church of Christ, Office for Church der of my time. International Association of Fire Fighters. and Society. International Brotherhood of Boiler- United Food and Commercial Workers Mr. HATCH. I yield 5 minutes to the makers, Iron, Ship Builders, Blacksmiths, Union. distinguished Senator from Idaho. Forgers and Helpers. United Methodist Church, General Board of Mr. LEAHY. I give control of our re- International Brotherhood of Teamsters. Church and Society. maining time to the Senator from Illi- International Federation of Professional United States Student Association. and Technical Engineers. United Steelworkers of America. nois. International Union of Electronic, Elec- United Transportation Union. Mr. CRAIG. Mr. President, let me trical, Salaried, Machine and Furniture Wider Opportunities for Women. first of all react to the Senator from Workers. Wisconsin Assembly of Local Arts Agen- Vermont’s inclusion of Jack Kemp’s re- Laborers’ International Union of North cies. marks of yesterday into the RECORD. America. Women and Poverty Project. Leadership Conference on Civil Rights. Women of Reform Judaism, The Federa- Jack Kemp does not support our bal- League of Women Voters. tion of Temple Sisterhoods. anced budget because he feels it is not Legal Action Center. YWCA of the USA. strong enough in one respect; it does Libraries for the Future. not require the tax limitation that Lutheran Office for Governmental Affairs, Mr. LEAHY. Mr. President, parallel- ing the position of the 1,060 economists Jack Kemp believes is necessary. Over ELCA. the years I have debated this at length McAuley Institute. who banded together to oppose this Mexican American Legal Defense and Edu- constitutional amendment, the 150 or- with Congressman Kemp. He knows cational Fund. ganizations that make up the Coalition that what our amendment does is a Migrant Legal Action Program. for Budget Integrity argue that the substantial movement in the right di- National Association for Visually Handi- proposed amendment is likely to dam- rection. While I would have liked tax capped. limitation over time, we know that is a National Association of Area Agencies on age the economy more than strengthen it. They note that the amendment vote that cannot be won on the floor of Aging. the Senate or the House. That is why National Association of Child Advocates. would require spending cuts or tax in- National Association of Community Health creases at just the wrong times. They we have left tax limitation up to the Centers. are concerned that the constitutional true limiters, and that is the elector- National Association of Letter Carriers. amendment would likely limit public ate, to decide if a tax increase should National Association of Retired Federal investments by failing to distinguish produce a change in the makeup of the Employees. U.S. Congress. So we are not going to National Association of School Psycholo- public investment from Government spending and failing to allow for a cap- put our Government on automatic gists. pilot, as would be the subtle insinu- National Association of Service and Con- ital budget. They correctly observe servation Corps. that the constitutional amendment ation of Senator DURBIN in arguing National Association of Social Workers. would draw the judicial branch into the that, somehow, this amendment is not National Caucus and Center on Black determination of fiscal and economic flexible enough and therefore we need Aged, Inc. policy and undercut the constitutional his majority-vote waiver. National Coalition for the Homeless. Let me talk about putting whims in National Commission for Economic Con- principle of majority rule with super- version and Disarmament. majority three-fifths requirements to the budget process, because I believe National Council of Jewish Women. raise the debt limit and waive the pro- that is exactly what would be done if National Council of Senior Citizens. visions of the amendment. you favor the Durbin amendment. It National Council on Aging. Mr. President, I also want to com- does not require this Senate to make National Council on Family Relations. mend the honesty of Jack Kemp, who tough choices, and it creates almost an National Education Association. appeared yesterday on the NBC News unlimited opportunity for deficit National Family Farm Coalition. spending. The balanced budget amend- National Family Planning and Reproduc- television program, ‘‘Meet The Press.’’ tive Health Association. Jack Kemp was quite honest in his ment as we have proposed it, and as it National Farmers Union. appraisal of the so-called balanced has been introduced on the floor of the National Hispanic Council on Aging. budget amendment to the Constitu- Senate by Senator HATCH, is flexible National Jewish Community Relations Ad- tion. enough. It allows deficit spending if 60 visory Council. Jack Kemp said yesterday on na- percent, or three-fifths of the majority National Low Income Housing Coalition. tional television: of the Congress, vote that way. If there National Minority AIDS Council. is a true long-term emergency, the National Neighborhood Coalition. I have never been enamored with putting a National Organization for Rare Disorders. budget balanced amendment into the Con- votes will be there to respond to it. National Organization for Women Legal stitution. . . . I would not vote for the Sten- Let me cite some examples. The Sen- Defense and Education Fund. holm balanced budget amendment because it ator from Illinois knows these exam- clearly is a trap into which, I think, a future National PTA. ples. He has participated, as have I, in National Puerto Rican Coalition. Congress would end up keeping taxes high or National Rural Housing Coalition. raising taxes in a recession. . . . It’s a recipe a fair number of them. From 1962 to National Senior Citizens Law Center. for a future disaster for this country. the present, there have been 12 eco- National Treasury Employees Union. Jack Kemp said what I believe many nomic stimulus packages passed by National Urban League. Members of Congress privately believe, Congress. All 12 have received three- National Women’s Law Center. fifths votes in the Congress. So, every Natural Resources Defense Council. but are too afraid to say in public. I believe Jack Kemp was right to time there was a true emergency and Neighbor to Neighbor. collectively the Senate or the House NETWORK: A National Catholic Social speak his conscience and I hope more Justice Lobby. Members of Congress will follow his decided it was just that, the three- Older Women’s League. courageous lead. fifths majority written into this bal- OMB Watch. I yield the floor. anced budget amendment was gar- OPERA America. Mr. CRAIG addressed the Chair. nered. In other words, when there is le- Paralyzed Veterans of America. gitimacy, and not just the easy pass go Peace Action. The PRESIDING OFFICER. The Sen- ator from Idaho. that we have had now for decades upon Physicians for Social Responsibility. decades, that has built the stack of un- Public Employees Department, AFL–CIO. Mr. CRAIG. Mr. President, how much Service Employees International Union. time remains on our side? balanced budgets here on this table, The American Association of University The PRESIDING OFFICER. The Sen- but when it was really necessary, the Professors. ator has 11 minutes, 15 seconds. Who record clearly shows that the support The ARC. yields time? of three-fifths of the Congress was The Enterprise Foundation. there. Union of American Hebrew Congregations. Mr. LEAHY. Mr. President, how Unitarian Universalist Service Committee. much time remains to us? Of course, there was one so-called UNITE, Union of Needletrades, Industrial The PRESIDING OFFICER. The Sen- economic stimulus package that did and Textile Employees. ator has 4 minutes remaining. not pass at first. We got involved in a S1180 CONGRESSIONAL RECORD — SENATE February 10, 1997 filibuster in 1993 on a so-called stimu- 2.5-percent drop in the overall interest ers. The balanced budget amendment lus package, but at that time a recov- rates. They would create jobs and a already allows for automatic stabiliz- ery was already underway. Every econ- higher standard of living. ers. Section 6 of the balanced budget omist in the country said, ‘‘We are in a I see that as an economic stimulus. amendment allows for the honest, recovery; why are you pumping more The balanced budget amendment would good-faith use of estimates in legisla- deficit spending into the economy and create economic stimulus. Regularly tion that implements a balanced budg- risking a surge of inflation?’’ And, of balanced budgets would help the econ- et. Read the committee report: If Con- course, we did filibuster, and that defi- omy. And yet we still recognized the gress makes good-faith, reasonable es- cit spending package failed, largely be- need for putting into the amendment timates of receipts and outlays, and cause it was nickel-and-dime kind of some flexibility in the case of a reces- then mid-year changes in the economy stuff, to build a swimming pool here or sion and Congress needing to respond cause a temporary deficit, that would paint a mural there or create some to it. not trigger a three to five vote. Unem- kind of make-work somewhere else. It The Durbin amendment simply guts ployment benefit checks, for example, had nothing to do with job training to the balanced budget amendment. It would still go out. a great extent, or job creation. Yet would let a majority waive the require- The problem is that we now have per- some were pushing it, even when ment for a balanced budget on a whim. manent deficits, in good times as well economists were saying, ‘‘Yes, in fact, It does not require that there be a real as bad. the economy is recovering.’’ recession, merely that Congress declare CONCLUSION But even when that first, large bill one. It would not just allow the We do not need a loophole in the bal- did not pass in 1993, an overwhelming amount of deficit spending supposedly anced budget amendment—like the majority of the Congress still showed necessary or unavoidable because of an Durbin amendment. We need to change compassion for those actually in need; economic emergency—it would allow the bleak status quo. Our $5 trillion we soon passed a stripped-down bill, unlimited deficit spending. debt—growing by more than $8,000 a which extended unemployment bene- If you go back and look at history, second—proves that we have a long- fits. you find that economic growth was term problem. This stack on the Sen- While we do not use the word ‘‘emer- greater, and average unemployment ate floor of the last 28 unbalanced gency’’ in the balanced budget amend- was lower, during those periods in budgets—14 of which promised balance ment, clearly an emergency is what- which budgets were regularly balanced. but did not deliver—demonstrates that ever three-fifths of the Congress term In fact, if Congress had passed the this problem requires a permanent so- it is. That is a reasonable test of what balanced budget amendment the first lution. If we pass the balanced budget is a true emergency. So, those 12 eco- time I voted for it in 1982, the typical amendment, we will create an eco- nomic stimulus packages that I re- family’s income would be $15,500 higher nomic bill of rights for the 21st cen- ferred to since 1962 were deemed by the today. That is not my number, but was tury. Congress to be important enough to estimated by the Concord Coalition. The PRESIDING OFFICER. The Sen- garner the three-fifths vote. Therefore According to the General Accounting ator’s 5 minutes have expired. the other day, several weeks ago, when Office, if we balance the budget and Mr. HATCH. I yield 1 minute. the President said, ‘‘If you had a little keep it balanced, after 20 years, our Mr. CRAIG. Mr. President, let me flexibility in there for a recession,’’ children’s standard of living will be be- draw to a conclusion my debate on this and he was visiting with those of us tween 7 and 36 percent higher. amendment, because I hope that we who were proponents of this amend- Deficits are the problem. The debt is can table this amendment. I see no rea- ment, then he ‘‘would show some kind the threat to the economic security of son to write that kind of language into of interest in it.’’ I said, ‘‘Well, it is our children, our seniors, and those the Constitution. We have given clear- there, Mr. President. You need to rec- who are vulnerable to changes in the ly the kind of flexibility that the Con- ognize that we saw those needs and economy. Former Senator Paul Simon gress has needed in the past to respond. It isn’t by accident that we picked that is why we put inside the amend- brought in liberal economists who told three-fifths. When you go back and ment the three-fifths requirement that us that the debt and deficit are so big, analyze past actions of Congress and would be necessary to deficit spend.’’ deficit spending is now useless as an economic stimulus packages that meet Some have said that recessions are economic stimulus. often regional, that there are economic The evidence does not show that bal- the definition of an emergency or areas within our country that fail to ancing the budget makes recessions what’s needed for recessionary recov- respond to recovery, and that econom- more severe. Investors Business Daily ery, that is exactly what this amend- ics shifts occur unevenly. They say, pointed last week to a 1986 study the ment is designed to respond to. I be- without the Durbin amendment, it National Bureau of Economic Research lieve it does, and I hope that our col- would be hard to provide relief in those that said, when you adjust for the dif- leagues will join with us in tabling this cases. If that is the case, why has there ferent way data were collected before effort. Mr. President, I yield back the re- not been why has there not been a long World War II, prewar and postwar re- mainder of my time. list of regional recession relief bills cessions did not really differ signifi- The PRESIDING OFFICER. Who that have been defeated? Or that have cantly in length and severity. yields time? passed only narrowly? No, the Congress While the balanced budget amend- Mr. DURBIN addressed the Chair. has responded in time of need and that ment already, with its three-fifths vote The PRESIDING OFFICER. The Sen- is why all of these bills have gotten the requirement, anticipates the need to ator from Illinois. three-fifths vote that we thought was a respond to a serious, long-term eco- Mr. DURBIN. Mr. President, I under- necessary safeguard for this amend- nomic problem, the Durbin amendment stand I have 4 minutes remaining; is ment. seems concerned with a rapid response that correct? The Durbin amendment is based on a to short-term swings. But Congress has The PRESIDING OFFICER. That is fundamental mistake. Let me repeat a notoriously bad track record when it correct. that. The Durbin amendment is based comes to short-term responses to the Mr. DURBIN. Thank you, Mr. Presi- on what I believe to be a fundamental economy. dent. I will use this to conclude my re- mistake. Regularly balanced budgets Every economic stimulus or anti-re- marks. do not harm the economy, but saying cession bill since 1949 was passed by I want to first thank my colleague, they do is the mistake he makes. He Congress after the recession was over. the Senator from Utah, for this debate, assumes, as does the Secretary of the But the Durbin amendment still re- for his fairness throughout this debate Treasury, that somehow balanced quires Congress to vote to waive the and the prior debate, though we clearly budgets are dangerous for the econ- balanced budget amendment—meaning disagree on a very important issue. I omy, or could create or worsen a down- it does not allow a prompt response, thank him for the fairness with which turn. And yet economists, liberal and just an easy evasion. he has handled this debate and allowed conservative, argue a that balanced The Durbin amendment has nothing me the opportunity to express my budgets will lead to a sustained 2- to to do with so-called automatic stabiliz- point of view. February 10, 1997 CONGRESSIONAL RECORD — SENATE S1181 I said at the beginning of this debate Mr. HATCH. Mr. President, I will Members of Congress, but don’t you I don’t think there is a more serious only take a few minutes. I want to think it is time to end these unbal- vote that a Member of the House or thank the distinguished Senator from anced budgets? Here are 28 of them, the Senate could make, absent a vote on Illinois for the kind way he has con- last 28 years, and without this amend- whether the United States goes to war, ducted himself on this amendment. He ment, it will go on forever and our chil- than a vote on whether we amend this has a wonderful personality. He did a dren’s future will be gone. Constitution. When you think that on very good job in our committee, and I I yield back the remainder of my only 17 occasions in the 205 years, since think he has done a very good job here time. 1791 have we actually amended this on the floor. Mr. CRAIG addressed the Chair. great document, each of us should In all honesty, his amendment would The PRESIDING OFFICER. The Sen- pause and reflect and make certain drive huge loopholes into the balanced ator from Idaho. that what we bring to the legislatures budget amendment and make it, basi- Mr. CRAIG. Mr. President, I move to of this Nation for consideration is the cally useless, because almost anybody table, and I ask for the yeas and nays. very, very best. could claim almost any type of event The PRESIDING OFFICER. Is there a What we are talking about today, I as an economic emergency. That would sufficient second? think, is a critically important part of trigger his amendment and do away There appears to be a sufficient sec- this debate. It is important because, as with the balanced budget amendment. ond. the Senator from Vermont, who was There is one thing I would like to The yeas and nays were ordered. kind enough to join me in this debate, clarify. My good friend from Vermont The PRESIDING OFFICER. The said, we are talking about the ability talked about Fred Bergsten. Fred question is on agreeing to the motion of the American people through their Bergsten suggested we shoot for a to lay on the table the amendment of- Government to respond to an economic small annual surplus to be used during fered by the Senator from Illinois [Mr. emergency. the course of each fiscal year. Mr. DURBIN]. The yeas and nays have been There are those who would argue we Bergsten is a Keynesian who believes ordered. The clerk will call the roll. need a supermajority, and history tells fiscal policy will work better if the cy- The bill clerk called the roll. us in the last 2 years, the requirement cles are above the zero balance line Mr. NICKLES. I announce that the of a majority vote resulted in gridlock rather than below. The fact the past Senator from Pennsylvania [Mr. and Government shutdown and na- surpluses accumulated in past years SANTORUM] is necessarily absent. tional embarrassment. I worry that at cannot be used without a three-fifths The PRESIDING OFFICER. Are there some future date in the midst of an vote puts a lock on our savings, so such any other Senators in the Chamber de- economic downturn, after this budget savings will not be used willy-nilly. siring to vote? The result was announced—yeas 64, has been pared back dramatically to But the best use of surpluses will be to nays 35, as follows: reach balance, when there are people pay down our debt. If Congress decides and groups in this town, like hungry to use accumulated surpluses, it will be [Rollcall Vote No. 7 Leg.] dogs on one bone, trying their very easier to get a three-fifths vote to use YEAS—64 best to preserve something, requiring a savings than to borrow, and that is the Abraham Faircloth McConnell point I am making. Allard Frist Moseley-Braun supermajority vote to step up and help Ashcroft Gorton Murkowski working families get back on their feet Let me just conclude with the Baucus Graham Nickles could be an invitation to gridlock at a thought that the Durbin amendment is Bennett Gramm Reid time when those families need us the an unnecessary loophole that would, Biden Grams Robb basically, make the balanced budget Bond Grassley Roberts most. Brownback Gregg Roth Mr. President, I close by making a amendment, once a part of the Con- Bryan Hagel Sessions final request to the fairminded, to the stitution, very ineffective. Congress Burns Hatch Shelby judicious chairman of this committee can respond appropriately to real Campbell Helms Smith, Bob Chafee Hollings Smith, Gordon in asking him for one last consider- needs, but we need the increased pro- Coats Hutchinson H. ation, and that is that we have the tections of Senate Joint Resolution 1 Cochran Hutchison Snowe yeas and nays on the merits of this to protect future generations. Collins Inhofe Specter I worry about our children and our Coverdell Jeffords Stevens amendment. I think I know the out- Craig Kempthorne Thomas come, but let us preserve in this debate grandchildren and their children. I D’Amato Kyl Thompson an up-or-down vote on this question. worry about whether people are going DeWine Lott Thurmond Let us give, in the course of this de- to have good jobs in the future. I worry Domenici Lugar Warner about whether it is going to take a Dorgan Mack Wyden bate, to the American people our best Enzi McCain judgment on the merits. bushel barrel of dollars to buy a loaf of NAYS—35 Let us not have this question, I think bread. I worry about whether we are critical question, masked by some pro- going to monetize this debt, as the dis- Akaka Feinstein Leahy Bingaman Ford Levin cedural vote that will suggest that this tinguished liberal Democrat Senator Boxer Glenn Lieberman amendment on its face does not merit from Illinois, Senator DURBIN’s prede- Breaux Harkin Mikulski a yea-and-nay vote in the Senate. I cessor, Paul Simon, has always said Bumpers Inouye Moynihan will happen. If we monetize this debt, Byrd Johnson Murray think it does, and I would gladly give Cleland Kennedy Reed that right to any Senator in their ef- this country, as we know it, will be Conrad Kerrey Rockefeller fort to improve on a modification of a gone, because people will no longer be- Daschle Kerry Sarbanes document which we all value and re- lieve in the credit of the United States. Dodd Kohl Torricelli Durbin Landrieu Wellstone vere, the Constitution of the United If we inflate our economy to pay off Feingold Lautenberg States. our huge national deficits and debt, we NOT VOTING—1 Mr. President, I ask for the yeas and are ultimately going to wind up where nays on my amendment. we will have inflation that would eat Santorum The PRESIDING OFFICER. Is there a every working person’s lunch every The motion to lay on the table the sufficient second? day. amendment (No. 2) was agreed to. There appears to be a sufficient sec- If you really love the poor, if you Mr. HATCH. Mr. President, I move to ond. really love senior citizens, if you really reconsider the vote. The yeas and nays were ordered. love our children and grandchildren, if Mr. LOTT. I move to lay that motion Mr. HATCH addressed the Chair. you really love the future of this coun- on the table. The PRESIDING OFFICER. The Sen- try, then we can’t have loopholes like The motion to lay on the table was ator from Utah. this blown into the balanced budget. agreed to. Mr. HATCH. How much time is re- We have to stand up and vote for a UNANIMOUS CONSENT AGREEMENT—AMENDMENT maining? strong balanced budget amendment. It NO. 3 The PRESIDING OFFICER. The Sen- is difficult, I have to admit. It makes Mr. LOTT. Now, Mr. President, I ask ator has 51⁄2 minutes. life a little more difficult for us as unanimous consent that at 2:15 on S1182 CONGRESSIONAL RECORD — SENATE February 10, 1997 Tuesday, February 11, there be 60 min- We have learned a lot since then, and The Senator is absolutely correct. utes of debate, equally divided, in the Senator SARBANES, with his charts, has With this amendment, we are going to usual form prior to a vote on or in rela- shown us that we learned a lot since be dooming ourselves to going back tion to the Wellstone amendment No. the Great Depression, and that we have and turning economic downturns into 3, and following the expiration or yield- the ability to soften those recessionary recessions and recessions into depres- ing back of the time, the Senate pro- periods. Yet, in this inflexible amend- sions, as the Senator has pointed out. ceed to a vote on or in relation to the ment that is before us, it would take a Mrs. BOXER. Exactly. I would say to Wellstone amendment. supermajority, Mr. President, to act on my friend that you have to learn from The PRESIDING OFFICER. Without behalf of the American people. Now, I history. If we can’t learn from history, objection, it is so ordered. did not come here to this great Senate we are doomed to fail the people. Some ORDER OF PROCEDURE to have my hands tied in the case of a of us have heard about these depres- Mr. LOTT. Mr. President, for the in- recession, a depression, or a natural sions from our parents. Look at the formation of all Senators, there will be disaster. Senator’s chart. We can clearly see no further votes this evening. It is my I want to thank my friend from Illi- what has happened since World War II. understanding that Senator BOXER in- nois for raising that issue as well. He We have spared our people from the tends to make a statement relative to has gone through the Midwest floods, deepest, darkest days of recession and the constitutional amendment. Also, as I have gone through the California depression. the President of the United States will floods, earthquakes, and fires, and By rejecting the amendment offered be visiting with congressional leaders there but for the grace of God goes by the Senator from Illinois, which tomorrow on the Senate side of the every single one of us in this Chamber. would have given this U.S. Senate and Capitol—in fact, in the President’s And if we cannot act as a majority, the House the ability to act without re- Room just off the floor of the Senate without the requirement of a super- quiring a supermajority in times of re- Chamber. Therefore, it is my hope that majority, to meet the needs of the peo- cession, this becomes a very radical when the Senate convenes following ple, then what are we doing here? amendment to the Constitution. By rejecting this amendment of the Does my friend not agree? the weekly policy party luncheons, Mr. SARBANES. I agree absolutely Senator from Illinois, which he was so there will be a short time agreement with that. We at the moment have the eloquent in explaining, I truly believe for debate prior to a vote on or in rela- best unemployment situation in 20 that this amendment, as it stands, is tion to the Wellstone amendment re- years; the best performance on infla- dangerous. It is dangerous for our peo- garding underprivileged youth. Mem- tion in 30 years. We have now brought ple. bers should expect a vote relative to the deficit down as a percent of the Mr. SARBANES. Will the Senator the Wellstone amendment in the 3 gross national product to the best ratio from California yield for a question? o’clock timeframe tomorrow. Also, the in 25 years. We are making progress on Mrs. BOXER. I am delighted to yield Senate could be asked to confirm the all of these fronts. We have the strong- to my friend. nomination of Congressman RICHARD- est economy in the world. Mr. SARBANES. The Senator made SON to be Ambassador to the United People come in with this radical no- Nations. Therefore, a rollcall vote is reference to this earlier, and I think tion of amending the Constitution of expected with respect to that nomina- the very able Senator from California the United States. All we need to do is tion. is on to an extremely important point continue to make the hard decisions I thank my colleagues for their co- here. I want to illustrate it with this that are made with respect to the operation. chart. budget. It is one thing to balance the I yield the floor. The PRESIDING OFFICER. Senators budget. Those are the tough decisions. Mrs. BOXER addressed the Chair. in the rear of the Chamber will cease Those are the ones we ought to make The PRESIDING OFFICER. The Sen- conversations. Take the conversations and not put an amendment into the ator from California is recognized. outside the Chamber. Constitution of the United States Mrs. BOXER. Thank you very much, The Senator from California is recog- which is going to deny us the ability to Mr. President. Before he leaves the nized. deal with economic downturns and re- Mrs. BOXER. Mr. President, what we floor, I would like to personally thank cessions when they occur. The amend- the newly elected Senator from Illi- are talking about here, because we ment they are talking about putting nois, Senator DURBIN, for his leadership have voted down this extremely impor- into the Constitution of the United on this extremely important amend- tant amendment, is, how are we going States does not abolish the business ment that he offered the Senate, which to act in this U.S. Senate to ease the cycle. It does not eliminate economic would have made this balanced budget pain of people during recessions or ups and downs. Yet with this amend- amendment a much more attractive other economic emergencies. People ment, we run the risk of going back to amendment to the people of Illinois, to who are jobless, who have no health in- economic cycles with very deep the people of California, to the people surance or who can’t afford to pay downturns when our people are really of all of our States—to the Nation. their rent? suffering through depression. We have A very interesting poll just came out I am happy to yield to my friend. not had that since World War II. And I in the February 9 edition of The Los Mr. SARBANES. Well, as the Senator for one don’t want to go back to it. Angeles Times, some people, when has noted, as economists across the Mrs. BOXER. I want to thank the asked in the abstract, said they would country have commented, and as the senior Senator from Maryland for his support a balanced budget amendment chart beside me shows, since World leadership on this. I have the honor to the Constitution, under any cir- War II we have been able to ease the and privilege of serving with him on cumstances. However, about 39 percent business cycle because we experience the Banking Committee, where he is of the people polled said they would automatic stabilizers during an eco- the ranking member, and on the Budg- not support the balanced budget nomic downturn. We start running et Committee, where we serve to- amendment if it could mean cuts in deficits because we are not collecting gether. So we have a chance to debate areas that they overwhelmingly ap- taxes and we are paying out unemploy- and discuss these issues. A great privi- prove of, such as Medicare, Social Se- ment. If you try to balance the budget, lege it is always to have the participa- curity, and Medicaid. or if you are required to do so by con- tion of my friend from Maryland be- I learned at a very early age from my stitutional amendment during an eco- cause he brings such insight. parents what it was like to live nomic downturn, you are going to re- I say to my colleague that he and I through a depression. There was no turn our economy to these boom-and- have voted for balanced budgets in the safety net then in the 1930’s, and people bust cycles that we experienced past. That is why this amendment de- were literally committing suicide be- throughout the first part of this cen- bate is really a figleaf. As my friend cause there was no safety net. They tury and we are going to lose the abil- pointed out, it does not do one thing to didn’t know what they were going to do ity to have this kind of movement in balance the budget. for their families, and they were abso- the business cycle, which is much bet- I am going to show some most ex- lutely filled with despair. ter for our people. traordinary newspaper articles which February 10, 1997 CONGRESSIONAL RECORD — SENATE S1183 have appeared as editorials or as op- We have an economy now with 5.4 There is no need to put the Nation in an eds. The writers of those articles call percent unemployment, the best unem- economic straitjacket. Let the President and this balanced budget amendment what ployment in 20 years. We are at less Congress make fiscal policy in response to it is—a technique for people to say, than 3 percent inflation, the best infla- national needs and priorities as the authors of our Constitution wisely provided. ‘‘Oh, I voted to balance the budget,’’ tion performance in 30 years. The defi- even though in many cases these col- cit of 1.4 percent of GDP, the best since Now, Mr. President, I am so honored leagues didn’t vote for the one budget 1973. That is a vertical comparison to be in this Senate representing the in 1993 that my friend from Maryland with our past performance in this largest State in the Union. It truly is and I voted for along with a bare ma- country. an honor. I am humbled by it. I am jority of the Senate which has set this Then we look to see how we are com- humbled by our Constitution. And so I country on a course of 4 years of de- peting with other countries. This chart think we need to be pretty humble clining deficits and has set this coun- shows we have the best performance of when we think of how we are going to try on a course of economic prosperity. any of the G–7 countries. This economy vote on this. I think we have to be We have far to go, but we are moving is working. We ought not now to take humble. I think we have to look at in the right direction. The vote that this, as the Senator has described it, what the experts tell us. I think we mattered, I say to my friend, was the radical step of trying to amend the have to look at the facts as they have vote that we cast, the tough vote—and Constitution of the United States and been laid before us by my friend from some people lost their seats because of perhaps dooming ourselves in some fu- Maryland. Our economy is moving in it—that made the actual changes in ture crisis to be unable to confront the the right direction. budgetary policy which has cut this economic circumstances of the time. Having a balanced budget amend- deficit from $290 billion when George As the Senator has pointed out, that is ment to the Constitution would in fact Bush left office to where it is today at what these over 1,100 economists across put us in a straitjacket, would in fact about $107 billion. That was the tough the country are saying. tie our hands, would in fact make it vote. I thank the Senator. very difficult for us to get out of an This vote is an easy vote. We are just Mrs. BOXER. I thank my friend and economic crisis when we may have to colleague. setting the stage for the States to call temporarily go out of balance while we I think the record is clear. We are conventions in order to ratify the take care of it. making progress, and what we ought to amendment. And even if it is approved be doing now is debating how we make Let me ask a question of my friend by the States, in the end, there is a further progress. Instead we are spend- from Maryland, who is still in the real possibility that there will be a dis- ing many, many hours discussing an Chamber. agreement and the courts will be called amendment to the Constitution which In his State he has been fortunate upon to try to resolve the situation. does not one thing to continue this not to have had the number of natural So it makes no sense. That is why progress. disasters that I and the people of my 1,100 economists condemn the balanced These economists, including 11 Nobel State have had to face. He knows this budget amendment as unsound and un- laureates in economics from Stanford place, however, because he has been necessary. I know that this statement University, the University of California here a long time, and the people of has been quoted time and time again. at Berkeley, New York University, Car- Maryland keep sending him back for a I see that my friend is on the floor negie-Mellon, Yale, and MIT—you can’t reason—because he is wise. So I ask my now with some very important num- have a better group of people who know friend, under this amendment as it is bers. I am happy to yield to him. what they are talking about. Some of proposed—and particularly since this Mr. SARBANES. I want to support what they say is, ‘‘We condemn the Senator DURBIN’s recession amendment the very perceptive statement of the proposed balanced budget amendment was defeated—California was in a hor- distinguished Senator from California to the Federal Constitution. It is un- rible recession, the worst in the coun- about the reduction in the deficit sub- sound and unnecessary.’’ try. We moved from an economy that sequent to the enactment of the 1993 I received a degree in economics was heavily supported by jobs in the budget, which, as the Senator pointed many years ago, and I know that defense sector, to an economy without out, was passed on the tie-breaking economists choose their words care- the great dependence it once had on de- vote of the Vice President. fully because economics is not an exact fense sector jobs, and we had a very In 1992, the deficit was $290 billion. science. As a result, economists try hard time. We made investments that We have brought it down 4 years in a very carefully to measure their tone softened the blow but still it was row. It is now at $107 billion. Four and measure their words. So when you tough. Then we got hit with an unbe- years in a row we have had a steady de- have 1,100 economists signing on to lievable earthquake called the cline in the deficit. We brought it down this, and using the word condemn, this Northridge earthquake. Because the from $290 billion to $107 billion, and, as is serious business. Now, maybe there Federal Government acted swiftly, be- a percent of our gross product, the defi- are colleagues in the Senate who could cause we could act without having to cit has dropped from 4.9 percent in 1992 stand up to some of these people and have a supermajority, we were able to to 1.4 percent in 1996. The last time the tell them they are incorrect, but I have pump $11 billion into the California deficit was this low as a percent of our a hard time believing that. economy to rebuild the infrastructure. gross domestic product was in 1973. Let me sum up what they said. And it We are rebuilding the universities. We This is the best performance in 23 years just parallels what the Senator from are rebuilding hospitals. We are re- in reducing the deficit as a percent of Maryland has shared with us. building people’s lives. our gross domestic product. This is a The amendment is not needed to balance very good record. We are going to con- I say to my friend, I will offer an the budget. The measured deficit has fallen amendment to waive the requirements tinue the progress. We are going to dramatically in recent years from $290 bil- continue to bring the deficit down, lion in ’92 to $107 billion— of a supermajority in case of natural disasters such as earthquakes, fires, both in absolute terms and as a per- They say: floods—where people are homeless and centage of our GDP. The deficit is 1.3 percent of gross domestic Let me show you a chart which com- product, a smaller proportion than that of in trouble. pares what we have succeeded in doing any other major nation. Under the amendment as it stands in this country and what is happening The Senator from Maryland has said now, however, if any State had a disas- in the other major industrial countries. this very same thing. They go on to ter like that which occurred in Califor- This chart compares various nations’ say: nia, with $11 billion of damage and peo- deficit as a share of GDP. The United Congress and the President can reduce the ple hurt and suffering, does my friend States is now at 1.4 percent. Here is deficit to zero, balance the budget or even believe we could get the required Japan, 3.1; Germany 3.35; Canada 4.2; create budget surpluses without a constitu- supermajority to act swiftly? France 5; the United Kingdom 5.1; Italy tional amendment. I have very grave doubts about it, be- 7.2. We have the best performance of These 1,100 economists close by say- cause I have seen us have a hard time any of the major industrial countries. ing: even getting 51 votes. I ask my friend, S1184 CONGRESSIONAL RECORD — SENATE February 10, 1997 would he want to be here representing quired a supermajority—we would have stitutional amendment to require a balanced a State that had a disastrous flood or needed to be out of balance for a short budget by the year 2002 and every year there- earthquake or any other natural disas- period of time because of the unantici- after. What could have more first-glance ap- ter and have this amendment in place pated funds required to respond to the peal? But amending the Constitution, despite the political symbolism, is not the way to go which requires a supermajority? disaster. And I say to my friend that, if about controlling government spending. Mr. SARBANES. The Senator from any State experiences a multibillion On Tuesday, President Clinton voiced his California asks a very appropriate dollar disaster, unless you can come on strongest opposition yet, appropriately char- question. In a sense, she answered it the floor and convince colleagues to acterizing the proposed amendment as a right at the end with the observation cut other programs, you are going to ‘‘straitjacket’’ that pays little regard to the that she herself has, as I have, seen in- be in deep trouble. That is the other vagaries of the economy. For instance, it stances in this Chamber when we were reason why this is a very, very radical would not provide the flexibility needed to deal with recessions . . . scrambling to get a simple majority in amendment. order to provide disaster relief to one I want to say to my friend, I so ap- My friend and I from Maryland, we or another State in the country that preciate his participating in this dis- have gone through this, I think, in a had been devastated by a natural disas- cussion. It means a lot to me that he is detailed way. It says: ter. And many Members said, ‘‘Well, we here. As a matter of fact, it reminds . . . it would not provide the flexibility don’t really want to do that. Yes, it’s a me of one time out in California when needed to deal with recessions, when Federal funding might have to rise as revenues drop. difficult situation, but we don’t want he was at a forum with me, when most The proposal would allow suspension of the to make this response.’’ people had gone home. It was a situa- balanced budget requirement only if three- I have seen the very able Senator tion very similar to tonight. fifths of each House approved. That’s not from California personally work the But I want to say to my friend, as we much of an escape valve, considering how floor of the Senate in order to try to sit on the Budget Committee together, long it takes Congress to act on most get a majority vote in order to respond there is one figure who comes before problems . . . to what her State had been stricken the Budget Committee that my col- We know that. It takes us time to with, and she was successful, I must leagues on the other side of the aisle gear up around here, as the President say. But suppose you had to get a just think is the best. They credit this is going to learn as he enjoys his stay supermajority in order to do it. Past person with everything good about the in the Senate. So, in time of recession, experience does not bear out the as- economy, and his name is Alan Green- we are often behind the curve as it is. sumption that you can just get a super- span. I think Alan Greenspan is doing a We come in the second quarter, after majority willy-nilly. In the past, we good job. I sometimes disagree with the recession. have had to scramble simply to get a him, but overall I think he has done a The amendment, pushed through the Sen- majority. good job. Where is Alan Greenspan on ate Judiciary Committee on Thursday, gen- The amendment contains a provision this constitutional amendment to bal- erally fails to spell out how a balanced budg- that states that you cannot raise the ance the budget? Let me say—I am not et would be achieved. The difficult decisions on what spending to cut or how to raise reve- debt limit unless you have a super- going to read his whole statement, but majority, and obviously unless you can nues are not addressed but simply are left to I think this sums it up: future Congresses—and everyone knows how raise the debt limit and borrow addi- As a consequence, what I am concerned difficult and seemingly endless budget nego- tional funds, you are not going to be about is that it is very difficult to imple- tiations can be in the Capitol ... able to respond to the disaster, and ment technical economic policy through the The article closes by saying: particularly not respond to it imme- Constitution. I don’t like the idea of em- The amendment—which will be put before bodying concrete economic issues in the diately, which is often what is re- the States’ legislatures if it wins approval in Constitution, which is going to have to stay quired. But time and time again in this the House and Senate—has drawn opposition in the Constitution for 50 or 100 years or Chamber I have seen the leadership from a broad spectrum of economists and fis- more. sweating bullets in order to get a sim- cal experts. It should. The amendment is ir- ple majority in order to deal with a So I find it really interesting that on responsible governance, fiscally reckless and debt limit issue. So it just defies past every single economic issue, my col- a false political star. experience for Members to stand here leagues on the other side of the aisle— The Los Angeles Times is not known and say, ‘‘Oh, we will get the super- who all support this amendment; I do for such strong language. It is very majority.’’ As the Senator from Cali- not think there is one of my colleagues measured. The editorials are very fornia has pointed out, it is tough on the other side who is going to vote measured. So let me repeat that: enough to get the majority, the simple the other way—have abandoned Alan The amendment is irresponsible govern- majority. Greenspan’s leadership, where they ance, fiscally reckless, and a false political Mrs. BOXER. I give my friend an ex- have followed him down every other star. ample. The San Francisco earthquake, economic road. Again, I ask my col- The last article which I want to men- Loma Prieta, which was way back, we leagues to be a little humble on this. tion comes from the USA Today, on are still rebuilding from, I say to my We do not have all the answers. None Monday, February 3, 1997. The headline friend. And we had a freeway go down, of us has all the answers. But, cer- reads: just a disaster, and we got the funds to tainly, if you are going to walk away This is cheap political grandstanding. rebuild the freeway. About 2 years ago from someone who you think has been There is an easier way to balance the budget: on the floor of this Senate a Senator right on target, keeping inflation Just do it. said we have to back off this because under control, keeping the economic ‘‘Just do it.’’ It says, ‘‘Balance The we are building it in a different fashion recovery going, and he is telling us not Budget? Yes. But An Amendment? No.’’ and it is costing too much money. to do this, it seems to me fairly arro- So, whether it is our worry about I stood up as one of the two Senators gant to disregard it. being in a straitjacket when there is a from California and explained that if I would like to share with my col- recession or a natural disaster, or we rebuilt it the same way it was prior leagues what I think is a terrific edi- whether it is our worry about the So- to the earthquake, it would fall down torial that appeared in the Los Angeles cial Security trust fund—which abso- again. We had to put a little more into Times. As a matter of fact, it is so good lutely will be hit if an amendment does it to make sure that the structure was I am going to read you most of it. I not carry the day to exempt it—or as safe as possible—to ensure that the honestly think this says it the way it whether it is our worry about Medi- residents traveling on the freeway is. It speaks for me. care—all of these areas are at great would be safe. Balanced Budget Plan: Looks, 10; workabil- risk if we continue with this proposal, Well, I won that vote, but I have to ity, zero. which has been condemned by 1,100 tell you it was close, I say to my This seductive idea won’t stand up under economists. Editorials all over the friend. close inspection. country have pointed out that passing Under this constitutional amend- Here is what it says: a balanced budget amendment to the ment, there is no way I could have No. 1 on the legislative menu of the new Constitution is just not a wise thing to done that because it would have re- 105th Congress is a Republican-backed con- do. February 10, 1997 CONGRESSIONAL RECORD — SENATE S1185 We can and must balance the budget. None of those other entities balance Second, at the same time, automati- I voted for six balanced budgets. I am a capital budget as well. They all pro- cally expenditures increase, because we very proud of that. I am proud to see vide for capital budgets that are fi- pay out unemployment insurance. If the deficit coming down. It is a serious nanced by borrowing. That is what you have been working, you become matter. I hope, however, my colleagues State governments do. They have a re- unemployed, you are entitled to draw will have the courage to walk away quirement to balance the operating unemployment insurance. So those from an idea that seems wonderful on budget, but they then sell bonds. Why payments go up. its face, but if you look behind the do States and municipalities issue The consequence of those two things door, you will see the pitfalls there. bonds? Why is there a municipal bond happening—and there are other trans- I thank you, Mr. President, for your market? Because they borrow in order fer payments also that go up in the kind courtesies. I thank my colleague to fund the capital budget. course of an economic downturn or a from Maryland for participating in this We don’t have a capital budget at the recession—the deficit widens. But that discussion with me. I hope, as we go Federal level, and anyone who is really deficit serves to cushion the economic down the road on this debate, we will serious about trying to write require- downturn, because it helps to sustain have some more colleagues step away ments into the Constitution, which, by purchasing power in the economy that from this at-first-glance politically the way, I think are extremely difficult would otherwise go into decline. Cush- popular idea and realize that it will put to do because you can’t provide for ioning occurs because by providing un- us in an economic straitjacket with no every contingency, but if you had any employment insurance, you help to way to respond to recessions or other degree of seriousness, would first pro- hold the economy up and to check the economic emergencies or crises. So it vide for a capital budget. You would downturn. is putting us into a straitjacket which set capital investments apart and say, Now, that happens automatically. It can only harm the people. ‘‘all right, we recognize we make in- doesn’t require a conscious decision. If To close: ‘‘Balance The Budget? Yes. vestments in the future and we capital- the recession is bad, we often then go But An Amendment? No.’’ ize them, and we borrow to fund the on to make conscious decisions here There is an easier way to balance the capitalization.’’ about ways to try to bring the econ- budget: Just do it. That is what people do when they omy back. But under normal cir- Mr. President, I yield the floor. buy a home. Although it is said that The PRESIDING OFFICER. The Sen- cumstances, this cushioning is suffi- everybody has to balance their budget, ator from Maryland. cient to moderate the economic down- Mr. SARBANES. Mr. President, what people don’t balance their budget every turn. is the parliamentary situation? year. It is wise and prudent financial Because we have followed this policy The PRESIDING OFFICER. We are policy, if your income is adequate to essentially since the end of World War on the Wellstone amendment, No. 3. the task, to borrow in order to buy a II, we have been able to check the Mr. SARBANES. I thank the Chair. home, to borrow in order to buy a car. boom-and-bust cycle of our economy, Mr. President, I commend the very able If individuals had to operate under which we had previously been experi- Senator from California for her very this amendment’s balanced budget re- encing. Of course, that is a very good fine statement. She clearly under- quirement, the vast majority of people thing, because you don’t put your econ- stands the pitfalls that are involved in in this country would not be able to omy and your people through the abso- a balanced budget amendment and, I buy an automobile and they would not lute wringer of a major economic think, has spoken eloquently to the be able to buy a home, because they downturn. issue. She has also spoken with a very couldn’t produce the cash with which The fact of the matter is, as the deep personal knowledge of the situa- to make the full payment in the year economy goes soft, you begin to run tion confronting her and her State they incur the obligation, which is these deficits. If you try to offset the when she has had to deal with these what this amendment is requiring of deficit, either by cutting spending or natural disasters. I simply want to un- the Federal Government. raising taxes or a combination of the derscore, again, for those who say, So that is the first point to make. two, in an economic downturn, you ‘‘well, we will easily get a supermajor- You are talking about trying to bal- would only drive the economy further ity in order to waive the provisions of ance a budget that includes within it down. The economy, the business cycle this amendment in an emergency situ- your capital expenditures, instead of is swinging downwards, and if you ation,’’ that I saw the Senator working setting them aside and funding the cap- compound that swing by a policy of literally day and night just to get a ital expenditures through a capital trying to eliminate the deficits which majority in order to deal with a natu- budget, which is financed by borrowing arise from that downturn, you only ral disaster and, as she pointed out, and which makes prudent economic make the downturn worse, and we have coming up with close votes in order to sense. After all, the highway or the experienced that in our history, during do it. building is going to last you for 20, 30, the Great Depression. She succeeded, which is very much to 40 years, and it makes sense to borrow, This is why these automatic stabiliz- her credit and reflected her very effec- to amortize it over that period of time ers are so important, and this is why, tive advocacy. But had a supermajority and have the use of it right from today in many respects, this amendment is so been required, she would have fallen out into the future. dangerous. short. So I want to thank her for her The second point I want to make This chart beside me measures real very strong statement. about the balanced budget amendment economic growth from 1870 to 1995, and Mr. President, I know it is late into is in the post-World War II period, we it shows the ups and downs in eco- the evening, and I am not going to take have used what are known as auto- nomic growth in our economy, begin- long, but I want to take just a few min- matic fiscal stabilizers in order to ame- ning in 1870 and running through until utes to speak to the issue before us, liorate economic downturns. When the 1995. The essential thing the chart and I hope at a later point to make a economy begins to go soft, the Federal shows is that since World War II, we longer statement. budget automatically shifts toward have essentially been able to avoid First of all, I want to point out, as we deficit, for two reasons: First, people deep economic recessions or, indeed, deal with this amendment to amend are losing jobs, and because they are no depressions. the Constitution to require a balanced longer working, they are not paying One of the reasons—not the only rea- budget, it is very important to under- taxes into the Treasury; therefore, the son, but one of the reasons—we have stand that the budget we are talking revenues into the Government de- been able to do that is because we have about balancing, the U.S. budget, does crease. This happens automatically. We had these automatic economic stabiliz- not have a capital budget to it. Every- don’t take any action around here for ers which have kept the economy from one gets up and says, ‘‘well, the State that to happen. It just occurs. Because coming down into deep negative governments do it, the local govern- people are no longer working, they are growth. Only a couple of times have we ments do it, private individuals do it, no longer earning, and those people, at actually had a downturn that took us corporations do it, why shouldn’t the least, are not paying taxes into the into negative growth. Most of the time Federal Government do it?’’ Treasury. we get movements, they remain in the S1186 CONGRESSIONAL RECORD — SENATE February 10, 1997 positive level, and, as you can see, we er. The prudent thing is to act early In 1992, the deficit, in current dollars, have not in recent history experienced on, because then you do not suffer as was $290 billion. Since then, we brought the kinds of deep moves we experienced much damage because you do not go as the deficit down in each of the succeed- pre-World War II. deep into the decline. ing 4 years. The deficit now is $107 bil- That is why the Secretary of the But this balanced budget amendment lion. And the President has submitted Treasury, Secretary Rubin, in testi- is a virtual guarantee that that kind of a budget plan that will eliminate the mony before the Judiciary Committee early action will not be taken and that deficit by the year 2002. about this amendment to the Constitu- we will always be playing catch up Some have criticisms of that plan. tion, said he was fearful that what it with the economic cycle. Others praise it. I think it is a pretty would do is turn an economic downturn The many distinguished economists good plan but it is not written in stone into a recession and a recession into a who have spoken out, and to whom my and it is up to the Congress to deal depression. very able colleague from California has with it now in consultation with the Amendment supporters say, ‘‘Well, if made reference, have focused, amongst administration. But in any event, there that happens, we’ll get a supermajority other things, on this aspect of the situ- is a plan to bring it down and eliminate around here, we will waive the provi- ation. We ought not to give away light- the deficit by the year 2002. sions of the Constitution, and we will ly the benefits that have come to us by I think the President has pretty good take action.’’ developing effective fiscal policy to credibility in putting forward this plan There are a number of difficulties help restrain the movements of the on the basis of his record. with that response. First of all, the business cycle. We have not eliminated We ran large deficits in the 1980’s and automatic stabilizers work automati- it. I assume my colleagues who are into the early 1990’s. It was not just the cally. No one has to recognize there is pushing this amendment do not for a administration that did that, the Con- an economic downturn. Often, we don’t moment suggest they somehow have gress was complicit in it as well. After see an economic downturn is happening figured out a magical way to eliminate all, you do not get a budget unless we until much later, until it is well into the business cycle. But we have devel- in Congress pass it. Although I do want its cycle. oped policies that have ameliorated the to point out that through those 12 Only a few years ago, Alan Greenspan business cycle. years, in all but 1 year the budget thought the economy was doing well I do not want to go back to these passed by the Congress had a lower def- and said so. Later, it turned out that at deep declines in the economy. We icit figure than the budgets submitted the moment he said that, the economy ought not to be in the situation where, to the Congress by the administration. was already into a downturn, but it as in the 1930’s, we would rue the day In other words, in every year but one wasn’t recognized, it wasn’t seen. that we denied ourselves the capacity the Congress was able to do a tighter Later, when all the figures came in, we to respond to that kind of an emer- budget than what the administration went back and saw that we had already gency so that we actually had to expe- had submitted to the Congress. Had we gone into a downturn. This amendment rience something approximating eco- passed the administration’s submitted is going to cost us these automatic fis- nomic devastation before we were pre- budgets, as proposed to us, the deficits cal stabilizers that operate without the pared to take action. would have been larger, not smaller. need for congressional action, and that Why would you do that? Why would We did not increase the deficits. We in cushion a recession that we might not you want to do that? Is the economy fact lowered the deficits. even know to exist. not working well? Let us look at that But now in the last 4 years we have Second, we have a lot of arguments issue for just a moment. made this very impressive progress and around here about whether we have a The unemployment rate today is 5.4 we are on the path to a balanced budg- downturn, how serious a downturn is, percent. It has been down in the low et. The way you make this progress is how you have to respond to it. range of 5 percent now for many you make decisions on the budget each Franklin Raines, the Director of months. It is a very good performance. year. None of this progress was made OMB pointed out the other day before The last time we had a performance because there was an amendment in the Budget Committee that a lot of our anything like that over a sustained pe- the Constitution. And if you put an difficulties are regional depressions, riod of time was 20 years ago. amendment in the Constitution, the not national depressions. Much of the What about the inflation rate? The progress still will not be made. country might be doing all right, but a inflation rate is under 3 percent. It has The progress can only be made when region of the country may be in severe been there now for the last 4 or 5 you vote the budgets, when you make trouble and needs help in order to ad- years—about or under 3 percent. The the spending and the tax decisions that dress the situation in which to find it- last time we had a performance on the are contained within the budget, the self. inflation front that was that good was consequences of which then give you Of course, then it is going to be ex- 30 years ago. your deficits or your balance. That is tremely difficult to get a supermajor- So we are doing very well on unem- when you make the decisions. And we ity because most communities will not ployment and inflation. have been making hard decisions, par- be experiencing a recession or down- We have created 11.5 million jobs ticularly the 1993 economic plan, which turn and their representatives will not over the last 4 years. Other countries passed this body on the tiebreaking want to waive this provision. envy us in terms of what we are doing. vote of the Vice President. I can remember during the adminis- But, amendment proponents say, we A lot of people criticized that plan. tration of President Bush when we still have a problem with the deficit? People said ‘‘Oh, this is going to have tried to act on extending the unem- What about the deficit? Let us take a devastating consequences on the econ- ployment insurance. It took us look at the deficit. omy.’’ It was a combination of spend- months, months, months, and months Are we making any progress on re- ing cuts and some tax changes. But before we were able to do it. And all ducing the deficit? Can someone con- what it produced was a reduced deficit the time the economic downturn was tend that we are not making any and an economy that has worked ex- getting worse. As a consequence, all progress on the deficit-reduction front ceedingly well over the last 4 years, an the time we were falling further and and, therefore, we need a constitu- economy that other countries look at further behind the curve. tional amendment, as risky and as rad- with a great deal of envy. The fact of the matter is, is that the ical as it might be, in order somehow, These are the absolute figures on re- earlier you can act, and particularly if some way to compel some kind of ac- ducing the deficit. Let us look at the you can act automatically, through tion? We should note, however, that measure of the deficit as a percent of stabilizers, the quicker you can check the amendment does not curb the defi- the gross national product, which is a the downturn. If the downturn gains cit at all? You are still going to have very important measure. It enables us momentum, begins to build up steam to make the budget decisions with re- to compare with our own performance in that direction, the amount of correc- spect to the budget—your spending and over time and with other countries. Be- tive action that has to be taken in tax decisions with respect to the budg- cause as you strengthen your economy, order to turn it around is much great- et. Have we been doing that already? you can bring your deficit down and it February 10, 1997 CONGRESSIONAL RECORD — SENATE S1187 becomes a smaller percentage of the dom, 5.1 percent. Italy is 7.2 percent. If of the House of Representatives, which GDP and becomes easier to handle. It you make the comparisons, if you do a would be 218 today, and it is certainly is like an individual’s situation. If he vertical comparison over our history, not three-fifths of the whole number of has more income, he is better able to we have the best performance now, def- the House. These are the two super- handle the deficit. If his economic icit as a share of GDP, since 1973. That majorities required in this resolution. strength grows more rapidly than the is how we stack up in terms of our past Now, there you were with a crisis sit- deficit he is trying to handle, then he record. If you do a horizontal compari- uation which certainly, looking back gets stronger and more able to pay off son with other countries around the at it historically, you would have said, the debt. world, this is how we stack up. Any ‘‘Well, obviously, those Members of Let us look at that. This is what has way you look at that, that is a pretty Congress will recognize what the coun- happened. In 1992, the deficit was 4.9 good performance. try is confronting and vote to carry percent of GDP. That is not a good fig- Now, let me finally address one other this forward.’’ They barely did it. They ure. I am prepared to state that right point about this amendment. I want to cast a vote that would not have worked at the outset. The European Commu- address this assumption here that you under the supermajority requirements nity now, which is trying to move to- can simply get these supermajorities contained in Senate Joint Resolution 1. ward monetary union, has established almost by the wave of the hand if you I think those who say of course we some benchmarks which it is pressing have any kind of serious problem con- will achieve supermajorities are being the 15 members of Europe to abide by fronting you. Now there are two kinds much too sanguine. The amendment in order to achieve the monetary of supermajorities required in this pro- says that the debt limit shall not be in- union. And one of them is that deficit, posed resolution, Senate Joint Resolu- creased without three-fifths of the as a percent of GDP, be under 3 per- tion 1—either a majority of the total whole number. We can hardly put to- cent—under 3 percent. That is the membership of the body or three-fifths gether simple majorities in Democratic benchmark they have set out. of the total membership of the body, or Republican administrations to In 1992 we were at 4.9 percent. As this what they call the whole number of the achieve this goal. I have voted in this chart beside me shows, we brought House. Now, what the ‘‘majority of the body to lift the debt ceiling in Repub- down our deficit as a percentage of whole’’ requirement means is in the lican administrations at the request of GDP to 4.1 percent in 1993, 3.1 percent Senate you would have to have 51 Republican Presidents and Republican in 1994, 2.3 percent in 1995, and 1.4 per- votes—although there is some argu- Secretaries of the Treasury because I cent in 1996. That is the best perform- ment, legally, about the role of the felt obviously we had to do that. We ance since 1973, 23 years ago. It is a bet- Vice President’s vote in this process, could not put the credit of the United ter performance than all but 3 of the 15 an interesting debate that shows you States at risk. But those votes have members of the European Union, three the complexity of this proposal and its been exceedingly close and they have of the smaller countries—Luxembourg, potential for complications. That ques- not come anywhere near meeting the Denmark, and Ireland. Our projections tion has never been resolved. Then supermajority requirements contained out into the future are very positive; there is the three-fifths supermajority in this Senate Joint Resolution 1. No according to these projections, we will requirement, which of course in this wonder the Secretary of the Treasury do even better than 1.4 percent in the body would be 60 votes. has voiced his apprehension that we future. I want to make historical reference might risk a default on the debt and So we are making very significant to one critical vote in the House, which hurt the creditworthiness of the United progress toward a balanced budget. We in a historical sense we can look at and States through the passage of this really are on the right track. The real say, ‘‘Well, that was a critical vote in amendment to the Constitution. place we ought to be focusing on is on the history of this country. That was Mr. President, I urge my colleagues the budget process and the decisions really a national crisis, and clearly to think long and hard about this that will be made with respect to Members should have recognized it and amendment. It is a very radical pro- spending programs, tax programs, tax should have acted accordingly. That is posal. It has a lot of surface appeal, as subsidies, tax expenditure issues, and the kind of situation which, if it arises my colleague from California pointed so forth. again, we certainly would be able to out when she quoted the editorial in Further, our performance of 1.4 per- get these supermajorities provided for the Los Angeles Times. The easy vote cent deficit as a percent of GDP is bet- in this Senate Joint Resolution 1.’’ In is obviously to be for it, as most people ter than any of the G7 countries, the 1940 the U.S. Congress, on the urgings upon hearing it say it is a good idea. major industrial countries in the of President Roosevelt, provided for a You really have to go into it and exam- world. draft for 1 year, because President Roo- ine it very carefully and appreciate the I was at a Joint Economic Commit- sevelt saw the war clouds that were real way you bring the deficit down is tee hearing this afternoon where Chair- gathering in Europe and felt the United to make the budget decisions, not to man Stiglitz of the Council of Eco- States needed to undertake prepara- amend the Constitution of the United nomic Advisers was presenting the eco- tion for what might be coming. A year States. nomic report of the President. He later, of course the issue arose, since it I yield the floor and I suggest the ab- talked about how nice it was now to go was only for a year, about extending sence of a quorum. to international meetings with the per- the draft. We are now talking about The PRESIDING OFFICER. The formance of our economy and be able the fall of 1941, only shortly before clerk will call the roll. to hold out as an example to other Pearl Harbor. The President asked the The bill clerk proceeded to call the countries what we are doing. Congress to extend the draft so that we roll. Look at this chart beside, which could continue this program of mili- Mr. NICKLES. Mr. President, I ask compares the deficit as a share of GDP tary preparedness because the war unanimous consent that the order for for each of the G7 nations. Here is the clouds were even darker and more omi- the quorum call be rescinded. United States, down to 1.4 percent. We nous. The PRESIDING OFFICER. Without The issue was so close in the House of have a game plan now, by the year 2002 objection, it is so ordered. to close that out completely. Now, I Representatives that Speaker Rayburn, know we will have arguments here exercising a very rare prerogative of f about the game plan, but I think it is the Speaker, took the floor of the credible. It could be changed, it could House at the close of the debate to urge MORNING BUSINESS be different. I think it is credible. I extension of the draft. The vote on that Mr. NICKLES. Mr. President, I ask think it represents a bona fide effort to issue in the House was 203 to 202, so unanimous consent that there now be a close this out. under the Constitution it carried. You period for the transaction of morning Look at this comparison: Here is had a quorum present, had a majority business with Senators permitted to Japan with 3.1 percent deficit, Ger- of those voting, carrying it 203 to 202. speak for up to 5 minutes each. many, 3.5 percent; Canada, 4.2 percent; Mr. President, 203 is—and was not The PRESIDING OFFICER. Without France, 5.0 percent; the United King- then—a majority of the whole number objection, it is so ordered. S1188 CONGRESSIONAL RECORD — SENATE February 10, 1997 REPORT CONCERNING THE NA- States that transferred them to the cause the Regulations already prohib- TIONAL EMERGENCY WITH United Nations, as funds are received ited such transactions, with minor ex- IRAQ—MESSAGE FROM THE from future sales of Iraqi oil authorized ceptions for transactions such as dona- PRESIDENT—PM 11 by the U.N. Security Council. No Mem- tions of humanitarian aid, no sub- The PRESIDING OFFICER laid be- ber State is required to fund more than stantive change to the prohibitions of fore the Senate the following message half of the total transfers or contribu- the Regulations was necessary. This from the President of the United tions to the escrow account. amendment also notes the criminal States, together with an accompanying This report discusses only matters penalties that may be imposed for vio- concerning the national emergency lations of the Antiterrorism Act and report; which was referred to the Com- with respect to Iraq that was declared implementing regulations. A copy of mittee on Banking, Housing, and in Executive Order 12722 and matters the amendment is attached. Urban Affairs. relating to Executive Orders 12724 and The Regulations were amended on To the Congress of the United States 12817 (the ‘‘Executive Orders’’). The re- October 21, 1996 (61 Fed. Reg. 54936, Oc- I hereby report to the Congress on port covers events from August 2, 1996 tober 23, 1996), to implement section 4 the developments since my last report through February 1, 1997. of the Federal Civil Penalties Inflation of August 14, 1996, concerning the na- 1. In April 1995, the U.N. Security Adjustment Act of 1990, as amended by tional emergency with respect to Iraq Council adopted UNSCR 986 authoriz- the Debt Collection Improvement Act that was declared in Executive Order ing Iraq to export up to $1 billion in pe- of 1996, by adjusting for inflation the 12722 of August 2, 1990. This report is troleum and petroleum products per amount of the civil monetary penalties submitted pursuant to section 401(c) of quarter for 6 months under U.N. super- that may be assessed under the Regula- the National Emergencies Act, 50 vision in order to finance the purchase tions. The Regulations, as amended, in- U.S.C. 1641(c), and section 204(c) of the of food, medicine, and other humani- crease the maximum civil monetary International Emergency Economic tarian supplies. This arrangement may penalty provided by law from $250,000 Powers Act, 50 U.S.C. 1703(c). be renewed by the Security Council for to $275,000 per violation. Executive Order 12722 ordered the im- additional 6-month periods. UNSCR 986 The amended Regulations also reflect mediate blocking of all property and includes arrangements to ensure equi- an amendment to 18 U.S.C. 1001 con- interests in property of the Govern- table distribution of humanitarian tained in section 330016(1)(L) of Public ment of Iraq (including the Central goods purchased with UNSCR 986 oil Law 103–322; 108 Stat. 2147. The amend- Bank of Iraq) then or thereafter lo- revenues to all the people of Iraq. The ment notes the availability of higher cated in the United States or within resolution also provides for the pay- criminal fines pursuant to the formulas the possession or control of a United ment of compensation to victims of set forth in 18 U.S.C. 3571. A copy of the States person. That order also prohib- Iraqi aggression and for the funding of amendment is attached. ited the importation into the United other U.N. activities with respect to The Regulations were amended on States of goods and services of Iraqi or- Iraq. On May 20, 1996, a memorandum December 10, 1996, to provide a state- igin, as well as the exportation of of understanding was concluded be- ment of licensing policy regarding spe- cific licensing of United States persons goods, services, and technology from tween the Secretariat of the United seeking to purchase Iraqi-origin petro- the United States to Iraq. The order Nations and the Government of Iraq leum and petroleum products from Iraq prohibited travel-related transactions agreeing on terms for implementing (61 Fed. Reg. 65312, December 11, 1996). to or from Iraq and the performance of UNSCR 986. On August 8, 1996, the Statements of licensing policy were any contract in support of any indus- UNSC committee established pursuant also provided regarding sales of essen- trial, commercial, or governmental to UNSCR 661 (‘‘the 661 Committee’’) tial parts and equipment for the project in Iraq. United States persons adopted procedures to be employed by Kirkuk-Yumurtalik pipeline system, were also prohibited from granting or the 661 Committee in implementation and sales of humanitarian goods to extending credit or loans to the Gov- of UNSCR 986. On December 9, 1996, the Iraq, pursuant to United Nations ap- ernment of Iraq. Secretary General released the report proval. A general license was also The foregoing prohibitions (as well as requested by paragraph 13 of UNSCR added to authorize dealings in Iraqi-or- the blocking of Government of Iraq 986, making UNSCR 986 effective as of igin petroleum and petroleum products property) were continued and aug- 12:01 a.m. December 10. that have been exported from Iraq with 2. During the reporting period, there mented on August 9, 1990, by Executive United Nations and United States Gov- have been three amendments to the Order 12724, which was issued in order ernment approval. The rule also added Iraqi Sanctions Regulations, 31 C.F.R. to align the sanctions imposed by the definitions and made technical amend- Part 575 (the ‘‘Regulations’’), adminis- United States with United Nations Se- ments. A copy of the amendment is at- curity Council Resolution (UNSCR) 661 tered by the Office of Foreign Assets tached. of August 6, 1990. Control (OFAC) of the Department of All executory contracts must contain Executive Order 12817 was issued on the Treasury. The Regulations were terms requiring that all proceeds of oil October 21, 1992, to implement in the amended on August 22, 1996, to add the purchases from the Government of United States measures adopted in Antiterrorism and Effective Death Iraq, including the State Oil Marketing UNSCR 778 of October 2, 1992. UNSCR Penalty Act of 1996 (Public Law 104–132; Organization must be placed in the 778 requires U.N. Member States to 110 Stat. 1214–1319 (the ‘‘Antiterrorism U.N. escrow account at Banque transfer to a U.N. escrow account any Act’’)) as an authority for the Regula- Nationale de Paris, New York (the ‘‘986 funds (up to $200 million apiece) rep- tions (61. Fed. Reg. 43460, August 23, Escrow Account’’), and all Iraqi pay- resenting Iraqi oil sale proceeds paid 1996). Section 321 of the Antiterrorism ments for authorized sales of pipeline by purchasers after the imposition of Act (18 U.S.C. 2332d), which I signed parts and equipment, humanitarian U.N. sanctions on Iraq, to finance into law on April 24, 1996, makes it a goods, and incidental transaction costs Iraq’s obligations for U.N. activities criminal offense for United States per- borne by Iraq will, upon approval by with respect to Iraq, such as expenses sons, except as provided in regulations the UNSC committee established pur- to verify Iraqi weapons destruction, issued by the Secretary of the Treasury suant to the 661 Committee, be paid or and to provide humanitarian assistance in consultation with the Secretary of payable out of the 986 Escrow Account. in Iraq on a nonpartisan basis. A por- State, to engage in financial trans- 3. Investigations of possible viola- tion of the escrowed funds also finances actions with the governments of coun- tions of the Iraqi sanctions continue to the activities of the U.N. Compensation tries designated under section 6(j) of be pursued and appropriate enforce- Commission in Geneva, which handles the Export Administration Act (50 ment actions taken. Several cases from claims from victims of the Iraqi inva- U.S.C. App. 2405) as supporting inter- prior reporting periods are continuing sion and occupation of Kuwait. Member national terrorism. United States per- and recent additional allegations have States also may make voluntary con- sons who engage in such transactions been referred by OFAC to the U.S. Cus- tributions to the account. The funds are subject to criminal fines under toms Service for investigation. Several placed in the escrow account are to be title 18, United States Code, imprison- OFAC civil penalty proceedings are returned, with interest, to the Member ment for up to 10 years, or both. Be- pending. Investigation also continues February 10, 1997 CONGRESSIONAL RECORD — SENATE S1189 into the roles played by various indi- Iraq’s illegal invasion and occupation THE ECONOMIC REPORT OF THE viduals and firms outside Iraq in the of Kuwait, a clear act of brutal aggres- PRESIDENT—MESSAGE FROM Iraqi government procurement net- sion. The United States, together with THE PRESIDENT—PM 12 work. These investigations may lead to the international community, is main- The PRESIDING OFFICER laid be- additions to OFAC’s listing of individ- taining economic sanctions against fore the Senate the following message uals and organizations determined to Iraq because the Iraqi regime has failed from the President of the United be Specially Designated Nationals to comply fully with United Nations States, together with an accompanying (SDNs) of the Government of Iraq. Security Council resolutions. Security report; which was referred to the Joint Since my last report, three civil Council resolutions on Iraq call for the Economic Committee. monetary penalties totaling $102,250 elimination of Iraqi weapons of mass To the Congress of the United States: have been collected from one financial destruction, Iraqi recognition of Ku- Four years ago, we began a journey institution and two individuals for vio- wait and the inviolability of the Iraq- to change the course of the American lation of the prohibitions against Kuwait boundary, the release of Ku- economy. We wanted this country to go transactions with Iraq. Additional ad- waiti and other third-country nation- into the 21st century as a Nation in ministrative procedures have been ini- als, compensation for victims of Iraqi which every American who was willing tiated and others await commence- aggression, long-term monitoring of to work for it could have a chance—not ment. weapons of mass destruction capabili- 4. Pursuant to Executive Order 12817 a guarantee, but a real chance—at the ties, the return of Kuwaiti assets sto- implementing UNSCR 778, on October American dream. We have worked hard len during Iraq’s illegal occupation of 26, 1992, OFAC directed the Federal Re- to achieve that goal, and today our Kuwait, renunciation of terrorism, an serve Bank of New York to establish a economy is stronger than it has been in end to internal Iraqi repression of its blocked account for receipt of certain decades. own civilian population, and the facili- post-August 6, 1990, Iraqi oil sales pro- tation of access of international relief THE ECONOMIC RECORD ceeds, and to hold, invest, and transfer organizations to all those in need in all The challenge we faced in January these funds as required by the Order. parts of Iraq. Six years after the inva- 1993 was to put the economy on a new On December 13, 1996, OFAC directed sion, a pattern of defiance persists: a course of fiscal responsibility while the Federal Reserve Bank of New York refusal to account for missing Kuwaiti continuing to invest in our future. In to transfer the interest accrued on the detainees; failure to return Kuwaiti the last 4 years, the unemployment blocked account to the U.N. escrow ac- property worth millions of dollars, in- rate has come down by nearly a third: count established pursuant to UNSCR cluding military equipment that was from 7.5 percent to 5.4 percent. The 778, to match contributions in excess of used by Iraq in its movement of troops economy has created 11.2 million new $30 million by other countries. jobs, and over two-thirds of recent em- 5. The Office of Foreign Assets Con- to the Kuwaiti border in October 1994; sponsorship of assassinations in Leb- ployment growth has been in industry/ trol has issued a total of 653 specific li- occupation groups paying above-me- censes regarding transactions pertain- anon and in northern Iraq; incomplete declarations to weapons inspectors and dian wages. Over the past 4 years infla- ing to Iraq or Iraqi assets since August tion has averaged 2.8 percent, lower 1990. Licenses have been issued for refusal of unimpeded access; and ongo- ing widespread human rights viola- than in any Administration since John transactions such as the filing of legal F. Kennedy was President. The com- actions against Iraqi governmental en- tions. As a result, the U.N. sanctions remain in place; the United States will bination of unemployment and infla- tities, legal representation of Iraq, and tion is the lowest it has been in three the exportation to Iraq of donated med- continue to enforce those sanctions under domestic authority. decades. And business investment has icine, medical supplies, and food in- grown more than 11 percent per year— The Baghdad government continues tended for humanitarian relief pur- its fastest pace since the early 1960s. poses, the execution of powers of attor- to violate basic human rights of its As the economy has grown, the fruits ney relating to the administration of own citizens through systematic re- of that growth are being shared more personal assets and decedents’ estates pression of minorities and denial of hu- equitably among all Americans. Be- in Iraq and the protection of manitarian assistance. The Govern- tween 1993 and 1995 the poverty rate preexistent intellectual property rights ment of Iraq has repeatedly said it will fell from 15.1 percent to 13.8 percent— in Iraq. Since my last report, 23 spe- not be bound by UNSCR 688. The Iraqi the largest 2-year drop in over 20 years. cific licenses have been issued. military routinely harasses residents 6. The expenses incurred by the Fed- Poverty rates among the elderly and of the north, and has attempted to ‘‘Ar- among African-Americans are at the eral Government in the 6-month period abize’’ the Kurdish, Turcomen, and As- from August 2, 1996, through February lowest level since these data were first syrian areas in the north. Iraq has not 1, 1997, that are directly attributable to collected in 1959. And real median fam- relented in its artillery attacks against the exercise of powers and authorities ily income has risen by $1,600—the civilian population centers in the conferred by the declaration of a na- largest growth rate since the Adminis- tional emergency with respect to Iraq south, or in its burning and draining tration of President Johnson. are reported to be about $1 million, operations in the southern marshes, THE ECONOMIC AGENDA most of which represents wage and sal- which have forced thousands to flee to Our comprehensive economic agenda ary costs for Federal personnel. Per- neighboring states. has helped put America’s economy sonnel costs were largely centered in The policies and actions of the Sad- back on the right track. This agenda the Department of the Treasury (par- dam Hussein regime continue to pose includes: ticularly in the Office of Foreign As- an unusual and extraordinary threat to Historic Deficit Reduction. Since the sets Control, the U.S. Customs Service, the national security and foreign pol- 1992 fiscal year, the Federal budget def- the Office of the Under Secretary for icy of the United States, as well as to icit has been cut by 63 percent—from Enforcement, and the Office of the regional peace and security. The U.N. $290 billion to $107 billion in fiscal 1996. General Counsel), the Department of resolutions affirm that the Security As a percentage of the Nation’s gross State (particularly the Bureau of Eco- Council must be assured of Iraq’s domestic product, the deficit has fallen over the same period from 4.7 percent nomic and Business Affairs, the Bureau peaceful intentions in judging its com- to 1.4 percent, and it is now the lowest of Near Eastern Affairs, the Bureau of pliance with sanctions. Because of it has been in more than 20 years. In International Organization Affairs, the Iraq’s failure to comply fully with Bureau of Political-Military Affairs, 1992 the budget deficit for all levels of these resolutions, the United States the U.S. Mission to the United Nations, government was larger in relation to will continue to apply economic sanc- and the Office of the Legal Adviser), our economy than those of Japan and tions to deter it from threatening and the Department of Transportation Germany were to theirs. Now the defi- peace and stability in the region. (particularly the U.S. Coast Guard). cit is smaller by that same measure 7. The United States imposed eco- WILLIAM J. CLINTON. than in any other major industrialized nomic sanctions on Iraq in response to THE WHITE HOUSE, February 10, 1997. economy. And this Administration has S1190 CONGRESSIONAL RECORD — SENATE February 10, 1997 proposed a plan that balances the budg- new global economy of the 21st cen- EC–1028. A communication from the Assist- et by 2002, while protecting critical in- tury. We have worked to restore fiscal ant to the Board of Governors of the Federal vestments in America’s future. discipline in our government, to ex- Reserve System, transmitting, pursuant to Investments in Education and Tech- law, a rule with respect to Regulation H re- pand opportunities for education and ceived on February 7, 1997; to the Committee nology. Deficit reduction remains a pri- training for our children and workers, on Banking, Housing, and Urban Affairs. ority, but it is not an end in itself. Bal- to reform welfare and encourage work, EC–1029. A communication from the Direc- ancing the budget by cutting invest- and to expand the frontiers of free tor of the Office of Regulations Management, ments in education, or by failing to trade. But there is more work to be Department of Veterans Affairs, transmit- give adequate support to science and done. We must continue to provide our ting, pursuant to law, a rule entitled ‘‘Loan technology, could actually slow eco- citizens with the tools to make the Guaranty: Flood Insurance Requirements’’ nomic growth. To succeed in the new (RIN2900–AH63) received on February 4, 1997; most of their own lives so that the to the Committee on Banking, Housing, and global economy, our children must re- American dream is within the reach of Urban Affairs. ceive a world-class education. Every every American. EC–1030. A communication from the Chair- child in America should be able to read WILLIAM J. CLINTON. man of the Board of the National Credit by the age of 8, log onto the Internet THE WHITE HOUSE, February 10, 1997. Union Administration, transmitting, pursu- by the age of 12, and receive at least 14 f ant to law, the report on establishing and ad- years of quality education: 2 years of justing schedules of compensation; to the college should become as universal as MEASURE PLACED ON THE Committee on Banking, Housing, and Urban CALENDAR Affairs. high school is today. And we must EC–1031. A communication from the Sec- make sure that every child who wants The following measure was placed on retary of the Treasury, transmitting, pursu- to go to college has the resources to do the calendar: ant to law, the annual report of the Commu- so. S.J. Res. 14. Joint resolution affirming cer- nity Development Financial Institutions Expanding Markets. We have aggres- tain findings of the President of the United Fund for fiscal year 1996; to the Committee sively sought to expand exports and States with regard to programs concerning on Banking, Housing, and Urban Affairs. EC–1032. A communication from the Assist- open markets abroad. In the past 4 international family planning. f ant Secretary for Export Administration, years we have achieved two major Department of Commerce, transmitting, pur- trade agreements: the North American EXECUTIVE AND OTHER suant to law, a rule entitled ‘‘Revisions to Free Trade Agreement and the Uru- COMMUNICATIONS the Export Administration Regulations’’ guay Round accord of the General (RIN 0694–AB52) received on February 7, 1997; The following communications were Agreement on Tariffs and Trade, which to the Committee on Banking, Housing, and laid before the Senate, together with established the World Trade Organiza- Urban Affairs. accompanying papers, reports, and doc- EC–1033. A communication from the Acting tion. Members of the Asia-Pacific Eco- uments, which were referred as indi- General Counsel of the Department of Hous- nomic Cooperation forum and the pro- cated: ing and Urban Development, transmitting, posed Free Trade Area of the Americas pursuant to law, two rules including a rule EC–1021. A communication from the Con- have committed to establishing free entitled ‘‘Public Housing Management As- gressional Review Coordinator, Animal and sessment’’ (FR 3447, 4162) received on Janu- trade among themselves by 2020 and Plant Health Inspection Service, Department 2005, respectively. And we have opened ary 31, 1997; to the Committee on Banking, of Agriculture, transmitting, pursuant to Housing, and Urban Affairs. new markets abroad by signing more law, a rule entitled ‘‘Change in Disease Sta- EC–1034. A communication from the Acting than 200 other important trade agree- tus of Great Britain Because of Exotic New- General Counsel of the Department of Hous- ments. As a result, U.S. exports have castle Disease’’ received on February 4, 1997; ing and Urban Development, transmitting, bombed, which means higher wages for to the Committee on Agriculture, Nutrition, pursuant to law, a rule entitled ‘‘Sale of American workers in export indus- and Forestry. HUD-Held Single Family Mortgages’’ (FR EC–1022. A communication from the Con- 33814) received on February 7, 1997; to the tries—often 13 to 16 percent higher gressional Review Coordinator, Animal and than the rest of the workforce. Committee on Banking, Housing, and Urban Plant Health Inspection Service, Department Affairs. Reforming Government. The strength of Agriculture, transmitting, pursuant to EC–1035. A communication from the Assist- of the American economy lies in the law, a rule entitled ‘‘Importation of Fresh ant Secretary of Commerce for Export Ad- energy, creativity, and determination Hass Avocado Fruit Grown in Michoacan, ministration, transmitting, pursuant to law, of our citizens. Over the past 4 years Mexico’’ received on February 6, 1997; to the a rule relative to the Commerce Control List we have worked hard to create an envi- Committee on Agriculture, Nutrition, and (RIN 0694–AB24), received on February 7, ronment in which business can flour- Forestry. 1997; to the Committee on Banking, Housing, EC–1023. A communication from the Con- and Urban Affairs. ish. And as the private sector has ex- gressional Review Coordinator, Animal and panded, the Federal Government has EC–1036. A communication from the Gen- Plant Health Inspection Service, Department eral Counsel, Department of Transportation, improved its efficiency and cost-effec- of Agriculture, transmitting, pursuant to transmitting, pursuant to law, the report of tiveness. We have energetically re- law, a rule entitled ‘‘Ports Designated for a rule relative to pilotage rate increase (RIN formed regulations in key sectors of the Exportation of Animals’’ received on 2135–AA08), received on February 6, 1997; to the economy, including telecommuni- February 10, 1997; to the Committee on Agri- the Committee on Commerce, Science, and cations, electricity, and banking, as culture, Nutrition, and Forestry. Transportation. well as environmental regulation. And EC–1024. A communication from the Ad- EC–1037. A communication from the Gen- ministrator, Farm Service Agency, Depart- we have reduced the size of the Federal eral Counsel, Department of Transportation, ment of Agriculture, transmitting, pursuant transmitting, pursuant to law, the report of Government as a percentage of the to law, a rule entitled ‘‘Tobacco-Tobacco nine rules including one rule relative to workforce to the smallest it has been Loan Program, Importer Assessments’’ Class E airspace (RIN 2120–AA64, AA66), re- since the 1930s. (RIN0560–AD93) received on February 5, 1997; ceived on February 6, 1997; to the Committee CONTINUING TO CREATE AN ECONOMY FOR THE to the Committee on Agriculture, Nutrition, on Commerce, Science, and Transportation. 21ST CENTURY and Forestry. EC–1038. A communication from the Man- America’s workers are back at work EC–1025. A communication from the Sec- aging Director of the Federal Communica- and our factories are humming. Once retary of Defense, transmitting, a report of tions Commission, transmitting, pursuant to retirements; to the Committee on Armed again, America leads the world in auto- law, the report of a rule relative to NII De- Services. vices, received on February 3, 1997; to the mobile manufacturing. Our high-tech- EC–1026. A communication from the Presi- Committee on Commerce, Science, and nology industries are the most com- dent and Chairman of the Export-Import Transportation. petitive in the world. Poverty is down Bank, transmitting, pursuant to law, a state- EC–1039. A communication from the Man- and real wages are at last beginning to ment regarding transactions involving ex- aging Director of the Federal Communica- rise. And we have laid the foundations ports to Algeria; to the Committee on Bank- tions Commission, transmitting, pursuant to for future long-term economic growth ing, Housing, and Urban Affairs. law, the report of a rule relative to micro- EC–1027. A communication from the Presi- by reducing the deficit and investing in wave antennas, received on February 4, 1997; dent and Chairman of the Export-Import to the Committee on Commerce, Science, education. Bank, transmitting, pursuant to law, a state- and Transportation. During the past 4 years, we have ment regarding transactions involving ex- EC–1040. A communication from the Man- worked to prepare all Americans for ports to Egypt; to the Committee on Bank- aging Director of the Federal Communica- the challenges and opportunities of the ing, Housing, and Urban Affairs. tions Commission, transmitting, pursuant to February 10, 1997 CONGRESSIONAL RECORD — SENATE S1191 law, the report of a rule relative to local ex- Services Act of 1997 today to ensure without having to worry about how change carriers, received on February 6, 1997; that Medicare beneficiaries are covered transport for this care will be paid for. to the Committee on Commerce, Science, for necessary transport for emergency The Ambulance Services Act of 1997 and Transportation. EC–1041. A communication from the Man- treatment. will go a long way toward this goal. aging Director of the Federal Communica- I am deeply concerned that Medicare Mr. President, I ask unanimous con- tions Commission, transmitting, pursuant to beneficiaries in rural areas have a dif- sent that the text of the bill be printed law, the report of a rule relative to FM ficult time gaining access to emer- in the RECORD. broadcast stations, received on February 7, gency care, and there are relatively few There being no objection, the bill was 1997; to the Committee on Commerce, hospitals in these areas, and patients ordered to be printed in the RECORD, as Science, and Transportation. EC–1042. A communication from the Man- must often travel a great distance to follows: aging Director of the Federal Communica- reach them. The Medicare ambulance S. 292 tions Commission, transmitting, pursuant to transport reimbursement regulations Be it enacted by the Senate and House of Rep- law, the report of a rule relative to maxi- have not kept pace with changes in the resentatives of the United States of America in mum license terms, received on February 7, health care system that have occurred Congress assembled, 1997; to the Committee on Commerce, as a result of efforts to improve care SECTION 1. SHORT TITLE. Science, and Transportation. while decreasing the cost of care. This Act may be cited as the ‘‘Ambulance EC–1043. A communication from the Man- Services Act of 1997’’. aging Director of the Federal Communica- In many locales, clinics and ambula- tory surgery centers staffed by physi- SEC. 2. MEDICARE COVERAGE OF CERTAIN AM- tions Commission, transmitting, pursuant to BULANCE SERVICES. law, the report of a rule relative to FM cians have developed the ability to pro- (a) COVERAGE.—Section 1861(s)(7) of the So- broadcast stations, received on February 7, vide routine emergency care. The local cial Security Act (42 U.S.C. 1395x(s)(7)) is 1997; to the Committee on Commerce, physicians are often available at the amended by striking ‘‘regulations;’’ and in- Science, and Transportation. clinic, which has facilities and capabil- serting ‘‘regulations, except that such regu- EC–1044. A communication from the Sec- retary of the Federal Trade Commission, ity for emergency treatment. In fact, lations shall not fail to treat ambulance transmitting, pursuant to law, the report of patients who are transported to the services as medical and other health services a rule relative to appliance labeling, received hospital emergency department during solely because, in the case of an emergency, on February 6, 1997; to the Committee on the day wait longer to see a physician the individual is transported to a clinic or to Commerce, Science, and Transportation. an ambulatory surgical center;’’. than those at the clinic, as the physi- (b) EFFECTIVE DATE.—The amendment f cian must travel from the clinic to the made by subsection (a) shall apply to items INTRODUCTION OF BILLS AND hospital in order to see the patient. and services provided on or after the date of JOINT RESOLUTIONS It is often necessary for seniors who enactment of this Act.∑ are experiencing a medical emergency The following bills and joint resolu- to be transported via an ambulance. By Mr. HATCH (for himself and tions were introduced, read the first Under current regulation, seniors who Mr. BAUCUS): and second time by unanimous con- require ambulance transport to an S. 293. A bill to amend the Internal sent, and referred as indicated: emergency care facility must be taken Revenue Code of 1986 to make perma- By Mr. WELLSTONE: to a hospital. Therefore, the senior is nent the credit for clinical testing ex- S. 292. A bill to amend title XVIII of the left with a difficult choice: be trans- penses for certain drugs for rare dis- Social Security Act to provide for coverage eases or conditions; to the Committee of certain ambulance services; to the Com- ported to the hospital facility, which mittee on Finance. may take longer and is likely to in- on Finance. By Mr. HATCH (for himself and Mr. volve a longer waiting time for emer- THE ORPHAN DRUG ACT OF 1997 BAUCUS): gency care, or be transported to a local Mr. HATCH. Mr. President, today I S. 293. A bill to amend the Internal Reve- facility that provides emergency care am introducing the Orphan Drug Act of nue Code of 1986 to make permanent the 1997, legislation to extend permanently credit for clinical testing expenses for cer- to other citizens, and pay for the am- tain drugs for rare diseases or conditions; to bulance transport out of pocket. Nei- the orphan drug tax credit. I am the Committee on Finance. ther of these is an optimal choice. pleased that my good friend and col- By Mrs. HUTCHISON (for herself, Mr. As the reimbursement policy stands league from Montana, Senator BAUCUS, LOTT, Mr. THURMOND, Mr. SESSIONS, now, patients are required to use a is joining me. Similar legislation was Mr. HAGEL, Mr. SHELBY, Mr. GRAMM, more expensive facility when it may introduced in the House last year by and Mr. NICKLES): not be necessary. It would seem that Representatives NANCY JOHNSON and S. 294. A bill to amend chapter 51 of title allowing reimbursement for transport ROBERT MATSUI. I am confident that 18, United States Code, to establish Federal penalties for the killing or attempted killing to nonhospital facilities that provide they will once again introduce legisla- of a law enforcement officer of the District emergency care could result in fiscal tion this year to make the credit per- of Columbia, and for other purposes; to the savings in that the cost of ambulance manent. Committee on Governmental Affairs. transport combined with a clinic visit Mr. President, this credit encourages By Mr. JEFFORDS (for himself, Mr. bill would be less than that of ambu- private firms to develop treatments for COATS, Mr. GREGG, Mr. FRIST, Mr. lance transport and a hospital emer- rare diseases. As many of my col- DEWINE, Mr. ENZI, Mr. HUTCHINSON, gency department bill. In addition, it leagues know, we extended this medi- Ms. COLLINS, Mr. WARNER, Mr. cal research tax credit last year, but, it MCCONNELL, Mr. ASHCROFT, Mr. GOR- would allow our senior citizens to have TON, Mr. GRASSLEY, Mr. NICKLES, Mr. a health care benefit that is available will expire on May 31 of this year. MACK, and Mr. SHELBY): to other members of the community. Since the 1983 enactment of the or- S. 295. A bill to amend the National Labor Concerns that might arise about the phan drug tax credit we have seen very Relations Act to allow labor management medical necessity of transporting cer- encouraging progress in developing new cooperative efforts that improve economic tain patients to a hospital emergency drugs to alleviate suffering from a competitiveness in the United States to con- department can and should continue to number of so-called orphan diseases, tinue to thrive, and for other purposes; to the Committee on Labor and Human Re- be addressed by local and regional those diseases that afflict a relatively sources. emergency medical service systems, small number of people. Because the f based on levels of care that are avail- process of research, development, and able in the area. These systems set approval for new pharmaceuticals is so STATEMENTS ON INTRODUCED standards and protocols for emergency costly—running into hundreds of mil- BILLS AND JOINT RESOLUTIONS medical service providers and work lions of dollars—the small market for a By Mr. WELLSTONE: with the health care community in de- drug discourages drug companies from S. 292. A bill to amend title XVIII of veloping protocols for transport and undertaking it. the Social Security Act to provide for patient care. Mr. President, the incentive provided coverage of certain ambulance serv- Mr. President, I remain concerned by this credit gives hope to individuals ices; to the Committee on Finance. about providing all of our citizens with who suffer from such rare but devastat- THE AMBULANCE SERVICES ACT OF 1997 an adequate level of health care. Our ing conditions as Tourette’s syndrome. ∑ Mr. WELLSTONE. Mr. President, I seniors need to be able to avail them- Huntington’s disease, and neuro- am pleased to introduce the Ambulance selves of expeditious emergency care, fibromatosis, to name a few. Many S1192 CONGRESSIONAL RECORD — SENATE February 10, 1997 drugs designated as orphan drugs have dent, this should not happen, not when protect him, then I do not know what a much small potential market than so many are suffering from these rare we can do to help the crime rate in the even the 200,000 patients referred to in diseases, and we have an effective cred- District. the definition in this credit—some- it available that has proven its bene- I hope very much that the Mayor of times they are for conditions that af- fits. the District and Congresswoman NOR- fect as few as 1,000 persons in the Unit- The following national groups offi- TON will be helpful on this. I have not ed States. This means that without cially endorse the Orphan Drug Act of yet been able to talk to them though I some incentive there is simply no pos- 1997: National Organization for Rare have put in a call. But the bottom line sibility for a firm to profit from its de- Disorders [NORD], National Multiple is we are trying to make the Capital cisions to develop drugs that treat Sclerosis Society, Tourette Syndrome City good for the people who live here these diseases. Association, United Parkinson Founda- but also good for any American or any Fortunately, the orphan perception tion, American Autoimmune Related foreign visitor, so they can come and has been changing over the years that Disease Association, Leukemia Society see the most beautiful symbol of Amer- this research credit has been in effect. of American, Cystinosis Foundation, ica possible. And that is not the case In fact, Mr. President, pharmaceutical New England Biomedical Research Co- today. companies have made great strides in alition, Biotechnology Industry Orga- So we are asking for the death pen- discovering treatments for these or- nization, and the Epilepsy Foundation. alty for the murder of a police officer phan diseases. While only seven orphan I urge my Senate colleagues to join in the District of Columbia, the same drugs were approved by the FDA in the us in sponsoring this bipartisan legisla- protection that a member of the Cap- decade before the credit’s initial pas- tion. Mr. President, I ask unanimous itol Police now has and that police in sage, over 100 have been approved since consent that the text of this bill be 38 States now have. I think this is one and approximately 600 are now in de- printed in the RECORD. There being no objection, the bill was way to say that if you are going to velopment. commit a heinous crime like this, you Last year, I mentioned the first-ever ordered to be printed in the RECORD, as are going to face the ultimate of pen- treatment for Gaucher disease, a de- follows: alties. bilitating and sometimes fatal genetic S. 293 disorder. This disease afflicts fewer Be it enacted by the Senate and House of Rep- I want Officer Gibson and his family than 5,000 people worldwide, yet the resentatives of the United States of America in to know that we appreciate that he company who discovered the treatment Congress assembled, gave his life in the line of duty. I want expended its time and money to search SECTION 1. CREDIT FOR CERTAIN CLINICAL them to know that in the future, in his TESTING EXPENSES MADE PERMA- for a treatment precisely because of memory, we are going to not only give NENT. the highest penalty to someone who the orphan drug credit’s incentives. (a) IN GENERAL.—Section 45C of the Inter- There are other examples as well. nal Revenue Code of 1986 (relating to clinical would kill one of his comrades, but we Mr. President, this credit’s effective- testing expenses for certain drugs for rare will also give restitution to the family ness has been tested for the past 14 diseases or conditions) is amended by strik- that is suffering from the loss of their years, and it has passed with flying col- ing subsection (e). breadwinner, their father, their hus- (b) EFFECTIVE DATE.—The amendment band. ors. Few provisions of the tax code can made by this section shall apply to amounts claim to have clearly reduced human paid or incurred after May 31, 1997. So I will introduce this bill today. I suffering and to have expanded our hope that we can get immediate action store of medical knowledge. This credit By Mrs. HUTCHISON (for herself, on it because it is time for us to say has done both. Mr. LOTT, Mr. THURMOND, Mr. that the District of Columbia is going By helping small, entrepreneurial HAGEL, Mr. NICKLES, Mr. SHEL- to be the model Capital City. I know firms to take advantage of the orphan BY, Mr. GRAMM, and Mr. SES- all of us, on a bipartisan basis, want to drug credit, we can make it even more SIONS): make that happen. We want to come effective. Before last year, the tax S. 294. A bill to amend chapter 51 of together to make this city work. After credit only served as an incentive for title 18, United States Code, to estab- all, it is the beacon to the world for companies that earn a current-year- lish Federal penalties for the killing or what is good about America. It is time profit. If the credit could not be used attempted killing of a law enforcement that the Capital City met that test. immediately, it was lost forever. For officer of the District of Columbia, and So in memory of Officer Gibson, I large, profitable drug companies, this for other purposes; to the Committee hope we will pass this bill. I hope we was rarely a problem. on Governmental Affairs. will do everything possible to get the However, for many small, start-up THE OFFICER BRIAN GIBSON DISTRICT OF crime rate in our Capital City down so pharmaceutical companies, this cur- COLUMBIA POLICE PROTECTION ACT that visitors from all over America will rent-year restriction made the credit of Mrs. HUTCHISON. Madam President, want to come and see this beautiful little or no use. These firms typically I appreciate this opportunity. I came city that is our Capital. lose money in the early years since to the floor because I want to intro- they put all available funding into re- duce a bill today that I think is very By Mr. JEFFORDS (for himself, search. They only expect to see profits important. It is the Officer Brian Gib- Mr. COATS, Mr. GREGG, Mr. many years into the future. son District of Columbia Police Protec- FRIST, Mr. DEWINE, Mr. ENZI, In order to improve the credit’s use- tion Act. I send this bill to the desk Mr. HUTCHINSON, Ms. COLLINS, fulness, we modified the credit in legis- and ask for its appropriate referral. Mr. WARNER, Mr. MCCONNELL, lation last year to allow firms to carry The PRESIDING OFFICER. The bill Mr. ASHCROFT, Mr. GORTON, Mr. the credit back 3 years and carry it for- will be received and appropriately re- GRASSLEY, Mr. NICKLES, Mr. ward 15 years. This will give small, ferred. MACK, and Mr. SHELBY): growing companies an incentive to find Mrs. HUTCHISON. Thank you, S. 295. A bill to amend the National ways to treat these rare diseases that Madam President. I am introducing Labor Relations Act to allow labor cause so many to suffer. I have been this bill today on behalf of myself, Sen- management cooperative efforts that impressed by the strides being made in ator LOTT, Senator THURMOND and Sen- improve economic competitiveness in the biomedical field, including growing ator SESSIONS, because I think that the United States to continue to firms in my home State of Utah. today when we are laying to rest a per- In the course of research, scientists son who has given his life for the public thrive, and for other purposes; to the often stumble upon treatments that protection, Officer Gibson, in the Dis- Committee on Labor and Human Re- could, if developed, improve the lives of trict of Columbia, who was brutally sources. victims of rare diseases. However, be- murdered in his squad car. A person THE TEAMWORK FOR EMPLOYEES AND cause of the high cost of drug experi- went up to his car, stuck a gun in his MANAGERS ACT OF 1997 ments and the enormous expense in- face and shot it. Mr. JEFFORDS. Mr. President, today volved in gaining FDA approval, many If we cannot protect that man and I am introducing, together with a num- researchers reluctantly set these prom- make sure that he has every possible ber of my colleagues, the Teamwork ising drug innovations aside. Mr. Presi- ounce of support that we can give to for Employees and Managers Act of February 10, 1997 CONGRESSIONAL RECORD — SENATE S1193 1997. This bill is identical to the TEAM teams into competition and forbid the American workers are nonunion work- Act approved by the Senate last year. coaches to talk to the players. What ers. This bill responds to a series of deci- nonsense that would be. The National Labor Relations Act sions by the National Labor Relations It is fundamental recognition of the governs election of unions and collec- Board which have cast doubt on the le- fact that the people on the court will tive bargaining. Section 8(a)(2) was gality of many forms of workplace co- have a different perspective than the passed in 1935 to prohibit the establish- operation. Specifically, the Board held people off the court. The people on the ment of sham company unions, a tactic in the Electromation case that certain field will have an awareness of how commonly used by employers to defeat employer-employee committees vio- things are going that is special, dif- union organizing. These organizations lated the National Labor Relations ferent, unique, and of value. pretended to engage in collective bar- Act’s prohibition against employer-as- The same is true in industry. No gaining, but followed management’s sisted labor organizations. matter how hard a compassionate man- dictates and typically were run by offi- This ruling has had a chilling effect ager tried to observe the process from cers handpicked by management. Com- on some 30,000 companies that have outside, no matter how well the engi- panies then pretended to enter into col- employee involvement programs. The neer from the design room tries to lective-bargaining agreements with TEAM Act amends Federal labor law to structure the environment for produc- these sham organizations so that when allow voluntary workplace cooperation tivity, the person who actually is on a union attempted to organize the to continue. The legislation allows em- the floor is going to have the ability to workers, the companies could hide be- ployers and employees to meet to- say, ‘‘This doesn’t work here. It may hind the exclusive representation and gether to address issues of mutual in- look good in theory, but it doesn’t contract bar tenets of the law. terest, including issues related to qual- work in practice.’’ Vigorous enforcement of section ity, productivity, and efficiency as long I think that is what the TEAM Act is 8(a)(2) resulted in the demise of the as the committees or other joint pro- all about. It is about understanding company unions by the early 1950’s. grams do not engage in collective bar- and recognizing the tremendous re- While sham unions should continue to gaining. source that workers are, that they can be prohibited under our labor laws— This last point is important. The bill be to the competitive position of this and would remain so under the TEAM does not allow employers to establish country by outproducing, outworking, Act—the broad prohibition that re- company unions or sham unions that outthinking, outsmarting, and out- mains in effect today prevents the undermined independent collective bar- cooperating workers anyplace else in types of legitimate cooperative work- gaining back in the 1930’s. Under the the world. ing relationships that encourage work- TEAM Act, workers retain the right, as Most Americans would believe, and it er participation and decisionmaking. well they should, to choose an inde- is because we are commonsense people, Let me give you an example. When I pendent union to engage in collective that it is OK for employees and em- was Governor of the State of Missouri, bargaining. ployers to talk. If you would have lis- I had the opportunity to work with More importantly, the TEAM Act tened to the debate in this Chamber, companies. Like I do today, I would go gives workers the opportunity for you would have heard from those on and work on the assembly line. I would greater input and involvement in the the other side of the aisle, ‘‘Why, it’s go and work with people to learn about workplace. Not only does this allow all right, it’s all OK, it’s perfectly legal their jobs and talk to them about their workers to improve and expand their right now. We don’t need this.’’ concerns. skills, but workplace cooperation also When opponents of the TEAM Act One of the companies that was increases our productivity and com- say it is perfectly legal now, we do not hauled into the justice system of the petitive edge in the global market- need this law, it confounds me. Let me Labor Department for cooperating with place. read from a list of things that have its employees was a company called This bill received bipartisan support been ruled inappropriate for nonunion EFCO Corp. It was a small company in in the last Congress, and I am con- employers to talk to their nonunion Missouri, having approximately 60 jobs. fident it will again this year. This bill employees on, so the American people Now it has over 1,000 jobs. Much of its is not about labor versus management. have an understanding of what the law capacity was to increase its on-time It’s about clarifying the law so that is and whether it needs to be changed. deliveries, which went from the low workers and management can work to- If you discuss the extension of the seventies up into the high nineties, and gether to their mutual benefit and to employees’ lunch breaks by 15 minutes, which allowed workers to start work- the benefit of our economy as a whole. that is illegal, from the case of ing 4 days a week instead of 5 days a I look forward to working with Mem- Sertafilm and Atlas Microfilming; the week, get their 40 hours in 4 days and bers on both sides of the aisle so that length of the workday, to discuss how have long weekends, spend more time the TEAM Act becomes law in the very long each workday is going to be, that with their kids, accommodate the de- near future. is illegal, from Weston & Booker Co. A mands of their families. It all came Mr. ASHCROFT. Mr. President, decrease in rest breaks from 15 to 10 from these programs. today I rise in support of my colleague minutes, that is illegal to talk about What was most distressing was that from Vermont in his introduction of with workers. What paid holidays you when EFCO wanted to be involved, it the Team Work for Employees And have—the Singer Manufacturing case was said to have dominated its discus- Management Act. I thank the Senator held that was illegal to talk about. The sion groups or teams because they pro- from Vermont for his leadership in extension of store hours during wheat vided employees with pencils and pens helping American workers develop the harvest season—the Dillon’s company and allowed them to have access to the capacity to be competitive, to be pro- case said you cannot talk with workers financial records of the company. That ductive, and to maintain our standard about that to get their input. was what the NLRB said was a viola- of excellence throughout the world. Workers know what kind of break tion. The Team Act, which passed both the they need. Workers know what kind of You would say this company is bend- Senate and the House during the 104th workday they would like to work. I ing over backward. It opens up the Congress, but was vetoed by President know of one plant in my home State books to the workers and says: How Clinton, is vital to the survivability where workers decided they wanted to can we do better for and how can we, as and strength of our Nation’s economy. work 4 days of 10 hours a day instead of a team, do better, how can we as a Our Nation’s strength is a result of 5 days of 8 hours a day and have 3-day company have the kind of performance recognizing the importance of the weekends every week. Why would Gov- and productivity that will recommend human resource in the equation. You ernment stand between workers and us to the world? And indeed they are simply cannot be competitive without manufacturers, between managers and now a world-class company. But be- tapping every part of the resource that employees or their associates to say cause they provided the pens and pen- you have. When we think of the NCAA you cannot discuss those things, and cils and they allowed the workers to basketball tournament next month, it yet that is what the law is for 8 out of have access to the company’s financial is unthinkable that we would send 9 American workers, because 8 out of 9 records, the NLRB filed charges S1194 CONGRESSIONAL RECORD — SENATE February 10, 1997 against the company. This is not the out of 9 workers in America that are in certain service in the U.S. merchant kind of thing that recommends Amer- unions? Why not extend this benefit to marine during World War II. ica for leadership. It is the kind of all workers in America saying that it S. 104 thing that takes correction. is entirely appropriate for nonunion At the request of Mr. MURKOWSKI, the Opponents say if you talk about workers, as well as union workers, to name of the Senator from Missouri those things, the workers will think be involved in collaborating and co- [Mr. ASHCROFT] was added as a cospon- you have union when you don’t. It will operating, in providing their good judg- sor of S. 104, a bill to amend the Nu- be a sham union. Frankly, I do not un- ment of how best to improve the situa- clear Waste Policy Act of 1982. derestimate the American worker that tion for workers and to improve the S. 124 severely. productivity and profitability of the At the request of Mr. GRAMM, the Over the Christmas break I went to business? name of the Senator from Montana and worked in about five or six places No. I do not think we would send our [Mr. BURNS] was added as a cosponsor in Missouri, actually on the job side- teams to the NCAA tournament forbid- of S. 124, a bill to invest in the future by-side with people. I never met a sin- ding the players to talk to the coaches. of the United States by doubling the gle worker who did not know whether We have too much sense to do that. No, amount authorized for basic science he or she was in a union. They know. I do not think that union companies and medical research. Workers know whether union dues are are going to stop having team discus- S. 139 being deducted. The know whether sions between employees and the com- At the request of Mr. FAIRCLOTH, the they are in a separate organization. It pany owners and managers. They have name of the Senator from Nebraska is not hard. This is not above the ca- too much sense to do that. And, no, I [Mr. HAGEL] was added as a cosponsor pacity of the American worker. The do not think that this Government of S. 139, a bill to amend titles II and idea somehow that if we allow man- should stand between the owners of XVIII of the Social Security Act to agers to talk to employees, employees corporations and their managers and prohibit the use of social security and will be tricked into thinking they have the employees who work hard and want medicare trust funds for certain ex- a union when they do not have a union to succeed and want to be productive penditures relating to union represent- is ludicrous. It underestimates the in- and keep them from talking to each atives at the Social Security Adminis- telligence of the American work force. other, because I believe the American tration and the Department of Health A second objective from the other people have too much sense to do that. and Human Services. side is, ‘‘Well, maybe if we allow people I urge my colleagues to extend this to talk, they will be just talking to benefit which now inures to the benefit S. 183 certain employees who only have lim- of 1 out of 9 workers in America to the At the request of Mr. DODD, the name ited views, and they will not reflect the rest of the working population. Let us of the Senator from Iowa [Mr. HARKIN] views of employees generally.’’ There give everyone an opportunity to con- was added as a cosponsor of S. 183, a is a safeguard. If there is an unfair sys- tribute to a winning effort, to succeed. bill to amend the Family and Medical tem established where workers and em- That will maintain America’s position Leave Act of 1993 to apply the act to a ployers are communicating with each as the most productive and most prof- greater percentage of the U.S. other and it is working against the in- itable and most rewarding place, not workforce, and for other purposes. terests of the workers, it is easy. Work- just for companies, but for citizens, not S. 207 ers have every right to unionize. They just for institutions, but for individ- At the request of Mr. MCCAIN, the can form a labor union. They can peti- uals. It is, in fact, a reason that Amer- name of the Senator from New Hamp- tion for a labor union. They can ask ica continues to draw people from shire [Mr. SMITH] was added as a co- that unions come in if they think it is around the globe. It is the fact that we sponsor of S. 207, a bill to review, re- unfair. have recognized the worth and value of form, and terminate unnecessary and There is a structural guarantee of individuals. And for us to deny their inequitable Federal subsidies. competition. If nonunion systems are value in a commercial setting would be S. 219 not working well for employees, if a substantial error which we must not At the request of Mr. DASCHLE, the these things are likely to be so dis- make. name of the Senator from Nebraska torted or so unfair, nothing in this law, f [Mr. KERREY] was added as a cosponsor nothing in this proposal, in any way of S. 219, a bill to amend the Trade Act derogates, undermines, erodes, or oth- ADDITIONAL COSPONSORS of 1974 to establish procedures for iden- erwise lessens the right of a worker to S. 13 tifying countries that deny market ac- petition for an election to organize or At the request of Mr. DASCHLE, the cess for value-added agricultural prod- unionize a plant. name of the Senator from Nevada [Mr. ucts of the United States. There are about 30,000 employers that REID] was added as a cosponsor of S. 13, S. 220 would like to have such employee-in- a bill to provide access to health insur- At the request of Mr. DASCHLE, the volvement programs. Why is it they ance coverage for uninsured children name of the Senator from Nebraska would like to have such programs? Be- and pregnant women. [Mr. KERREY] was added as a cosponsor cause they have seen that when we S 20 of S. 220, a bill to require the U.S. work together we succeed. Strange to . Trade Representative to determine me, that is basically a quote from At the request of Mr. DASCHLE, the whether the European Union has failed President Clinton’s 1996 State of the name of the Senator from Arkansas to implement satisfactorily its obliga- Union Address. He said, and I agree, [Mr. BUMPERS] was added as a cospon- tions under certain trade agreements ‘‘When companies and workers work as sor of S. 20, a bill to amend the Inter- relating to U.S. meat and pork export- a team, they do better, and so does nal Revenue Code of 1986 to increase ing facilities, and for other purposes. America.’’ the rate and spread the benefits of eco- The real truth of the matter is under- nomic growth, and for other purposes. S. 228 stood in the hearts and minds of every- S. 61 At the request of Mr. MCCAIN, the one who has every worked on a team, At the request of Mr. LOTT, the name of the Senator from Nebraska knowing that when you work together, names of the Senator from Minnesota [Mr. HAGEL] was added as a cosponsor you do better than when you work at [Mr. WELLSTONE], the Senator from of S. 228, a bill to amend title 31, Unit- odds with each other. California [Mrs. FEINSTEIN], the Sen- ed States Code, to provide for continu- The ability of union workers to col- ator from New Hampshire [Mr. GREGG], ing appropriations in the absence of laborate with employers is well and the Senator from Nebraska [Mr. regular appropriations. ensconced. It is fought for by the HAGEL] were added as cosponsors of S. S. 239 unions and protected by the employers, 61, a bill to amend title 46, United At the request of Mr. DASCHLE, the recognized as a great benefit. But why States Code, to extend eligibility for names of the Senator from Virginia should we limit that great benefit to 11 veterans’ burial benefits, funeral bene- [Mr. ROBB], the Senator from Montana or 12 percent of our society, to the 1 fits, and related benefits for veterans of [Mr. BURNS], the Senator from New February 10, 1997 CONGRESSIONAL RECORD — SENATE S1195

Mexico [Mr. BINGAMAN], and the Sen- of the Senate and the public that a Committee members at least three days in ator from Kansas [Mr. ROBERTS] were hearing of the Subcommittee on Em- advance of such meetings, excluding Satur- added as cosponsors of S. 239, a bill to ployment and Training, Senate Com- days, Sundays, and legal holidays in which amend the Internal Revenue Code of mittee on Labor and Human Resources, the Senate is not in session. In the event that unforeseen requirements or Committee 1986 relating to the treatment of live- will be held on Thursday, February 13, business prevent a three-day notice of either stock sold on account of weather-relat- 1997, 2 p.m., in SD–430 of the Senate the meeting or agenda, the Committee staff ed conditions. Dirksen Building. The subject of the shall communicate such notice and agenda, S. 246 hearing is S. 4, the Family Friendly or any revisions to the agenda, as soon as At the request of Mr. GREGG, the Workplace Act. For further informa- practicable by telephone or otherwise to name of the Senator from Mississippi tion, please call the committee, 202/224– members or appropriate staff assistants in 5375. their offices. [Mr. COCHRAN] was added as a cospon- D. Open business meetings. Meetings for sor of S. 246, a bill to amend title XVIII COMMITTEE ON SMALL BUSINESS the transaction of Committee or Sub- of the Social Security Act to provide Mr. BOND. Mr. President, I wish to committee business shall be conducted in greater flexibility and choice under the announce that the Committee on Small open session, except that a meeting or series medicare program. Business will hold a hearing on Feb- of meetings on the same subject for a period of no more than fourteen calendar days may S. 261 ruary 26, 1997, entitled ‘‘The Presi- dent’s Fiscal Year 1998 Budget Request be closed to the public on a motion made and At the request of Mr. DOMENICI, the seconded to go into closed session to discuss names of the Senator from Nebraska for the United States Small Business only whether the matters enumerated in [Mr. HAGEL] and the Senator from Vir- Administration.’’ The hearing will clauses (1) through (6) below would require ginia [Mr. ROBB] were added as cospon- begin at 9:30 a.m. in room 428A of the the meeting to be closed, followed imme- sors of S. 261, a bill to provide for a bi- Russell Senate Office Building. diately by a record vote in open session by a ennial budget process and a biennial For further information, please con- majority of the Committee or Subcommittee appropriations process and to enhance tact Louis Taylor at 224–5175. members when it is determined that the matters to be discussed or the testimony to f oversight and the performance of the be taken at such meeting or meetings— Federal Government. ADDITIONAL STATEMENTS (1) will disclose matters necessary to be S. 263 kept secret in the interests of national de- At the request of Mr. MCCONNELL, fense or the confidential conduct of foreign the name of the Senator from South relations of the United States; RULES OF PROCEDURE OF THE (2) will relate solely to matters of Commit- Dakota [Mr. DASCHLE] was added as a COMMITTEE ON GOVERNMENTAL tee or Subcommittee staff personnel or in- cosponsor of S. 263, A bill to prohibit AFFAIRS ternal staff management or procedure; the import, export, sale, purchase, pos- (3) will tend to charge an individual with session, transportation, acquisition, ∑ Mr. THOMPSON. Mr. President, I crime or misconduct, to disgrace or injure and receipt of bear viscera or products herewith submit a copy of Rules of the professional standing of an individual, or that contain or claim to contain bear Procedure adopted by the Committee otherwise expose an individual to public con- viscera, and for other purposes. on Governmental Affairs pursuant to tempt or obloquy or will represent a clearly rule XXVI, section 2, Standing Rules of unwarranted invasion of the privacy of an in- S. 269 the Senate, and ask that they be print- dividual; At the request of Mr. ABRAHAM, the (4) will disclose the identity of an informer ed in the RECORD at this point. or law enforcement agent or will disclose names of the Senator from Nebraska The Rules of Procedure follow: [Mr. HAGEL] and the Senator from any information relating to the investiga- RULES OF PROCEDURE OF THE COMMITTEE ON North Carolina [Mr. FAIRCLOTH] were tion or prosecution of a criminal offense that GOVERNMENTAL AFFAIRS added as cosponsors of S. 269, a bill to is required to be kept secret in the interests of effective law enforcement; provide that the Secretary of the Sen- (Pursuant to Rule XXVI, Sec. 2, Standing Rules of the Senate) (5) will disclose information relating to the ate and the Clerk of the House of Rep- trade secrets of financial or commercial in- RULE 1. MEETINGS AND MEETING PROCEDURES resentatives shall include an estimate formation pertaining specifically to a given OTHER THAN HEARINGS of Federal retirement benefits for each person if— Member of Congress in their semi- A. Meeting dates. The Committee shall (A) an Act of Congress requires the infor- hold its regular meetings on the first Thurs- annual reports, and for other purposes. mation to be kept confidential by Govern- day of each month, when the Congress is in ment officers and employees; or f session, or at such other times as the chair- (B) the information has been obtained by man shall determine. Additional meetings the Government on a confidential basis, AMENDMENTS SUBMITTED may be called by the chairman as he deems other than through an application by such necessary to expedite Committee business. person for a specific Government financial or (Rule XXVI, Sec. 3, Standing Rules of the other benefit, and is required to be kept se- THE BALANCED BUDGET Senate.) cret in order to prevent undue injury to the CONSTITUTIONAL AMENDMENT B. Calling special Committee meetings. If competitive position of such person; or at least three members of the Committee de- (6) may divulge matters required to be sire the chairman to call a special meeting, kept confidential under other provisions of WELLSTONE AMENDMENT NO. 3 they may file in the offices of the Committee law or Government regulations. (Rule XXVI, a written request therefor, addressed to the Sec. 5(b), Standing Rules of the Senate.) Mr. WELLSTONE proposed an chairman. Immediately thereafter, the clerk Notwithstanding the foregoing, whenever amendment to the joint resolution of the Committee shall notify the chairman disorder arises during a Committee or Sub- (S.J. Res. 1) proposing an amendment of such request. If, within three calendar committee meeting that is open to the pub- to the Constitution of the United days after the filing of such request, the lic, or any demonstration of approval or dis- States to require a balanced budget; as chairman fails to call the requested special approval is indulged in by any person in at- meeting, which is to be held within seven tendance at any such meeting, it shall be the follows: calendar days after the filing of such re- duty of the chairman to enforce order on his Redesignate section 8 as section 9 and after quest, a majority of the Committee members own initiative and without any point of section 7 add the following: may file in the offices of the Committee order being made by a member of the Com- ‘‘SECTION 8. It is the policy of the United their written notice that a special Commit- mittee or Subcommittee; provided, further, States that, in achieving a balanced budget, tee meeting will be held, specifying the date that when the chairman finds it necessary to Federal outlays must not be reduced in a and hour thereof, and the Committee shall maintain order, he shall have the power to manner that disproportionately affects out- meet on that date and hour. Immediately clear the room, and the Committee or Sub- lays for education, nutrition, and health pro- upon the filing of such notice, the Commit- committee may act in closed session for so grams for poor children.’’ tee clerk shall notify all Committee mem- long as there is doubt of the assurance of f bers that such special meeting will be held order. (Rule XXVI, Sec.5(d), Standing Rules and inform them of its date and hour. (Rule of the Senate.) NOTICES OF HEARINGS XXVI, Sec. 3, Standing Rules of the Senate.) E. Prior notice of first degree amendments. C. Meeting notices and agenda. Written no- It shall not be in order for the Committee, or SUBCOMMITTEE ON EMPLOYMENT AND TRAINING tices of Committee meetings, accompanied a Subcommittee thereof, to consider any Mr. JEFFORDS. Mr. President, I by an agenda, enumerating the items of busi- amendment in the first degree proposed to would like to announce for information ness to be considered, shall be sent to all any measure under consideration by the S1196 CONGRESSIONAL RECORD — SENATE February 10, 1997 Committee or Subcommittee unless a writ- quested that he be so recorded. All proxies make public announcement of the date, time ten copy of such amendment has been deliv- shall be filed with the chief clerk of the and subject matter of any hearing to be con- ered to each member of the Committee or Committee or Subcommittee thereof, as the ducted on any measure or matter at least Subcommittee, as the case may be, and to case may be. All proxies shall be in writing one week in advance of such hearing, unless the office of the Committee or Subcommit- and shall contain sufficient reference to the the Committee, or Subcommittee, deter- tee, at least 24 hours before the meeting of pending matter as is necessary to identify it mines that there is good cause to begin such the Committee or Subcommittee at which and to inform the Committee or Subcommit- hearing at an earlier date. (Rule XXVI, Sec. the amendment is to be proposed. This sub- tee as to how the member establishes his 4(a), Standing Rules of the Senate.) section may be waived by a majority of the vote to be recorded thereon. (Rule XXVI, B. Open hearings. Each hearing conducted members present. This subsection shall Sec. 7(a)(3) and 7(c)(1), Standing Rules of the by the Committee, or any Subcommittee apply only when at least 72 hours written no- Senate.) thereof, shall be open to the public, except tice of a session to mark-up a measure is D. Announcement of vote. (1) Whenever the that a hearing or series of hearings on the provided to the Committee or Subcommit- Committee by rollcall vote reports any same subject for a period of no more than tee. measure or matter, the report of the Com- fourteen calendar days may be closed to the mittee upon such a measure or matter shall F. Meeting transcript. The Committee or public on a motion made and seconded to go include a tabulation of the votes cast in Subcommittee shall prepare and keep a com- into closed session to discuss only whether favor of and the votes cast in opposition to plete transcript or electronic recording ade- the matters enumerated in clauses (1) such measure or matter by each member of quate to fully record the proceeding of each through (6) below would require the hearing the Committee. (Rule XXVI, Sec. 7(c), Stand- meeting whether or not such meeting or any ing Rules of the Senate.) to be closed, followed immediately by a part thereof is closed to the public, unless a (2) Whenever the Committee by rollcall record vote in open session by a majority of majority of the Committee or Subcommittee vote acts upon any measure or amendment the Committee or Subcommittee members members vote to forgo such a record. (Rule thereto, other than reporting a measure or when it is determined that the matters to be XXVI, Sec.5(e), Standing Rules of the Sen- matter, the results thereof shall be an- discussed or the testimony to be taken at ate.) nounced in the Committee report on that such hearing or hearings— RULE 2. QUORUMS measure unless previously announced by the (1) will disclose matters necessary to be A. Reporting measures and matters. A ma- Committee, and such announcement shall in- kept secret in the interests of national de- jority of the members of the Committee clude a tabulation of the votes cast in favor fense or the confidential conduct of foreign shall constitute a quorum for reporting to of and the votes cast in opposition to each relations of the United States; the Senate any measures, matters or rec- such measure and amendment thereto by (2) will relate solely to matters of Commit- ommendations. (Rule XXVI, Sec.7(a)(1), each member of the Committee who was tee or Subcommittee staff personnel or in- Standing Rules of the Senate.) present at the meeting. (Rule XXVI, Sec. ternal staff management or procedure; B. Transaction of routine business. Five 7(b), Standing Rules of the Senate.) (3) will tend to charge an individual with members of the Committee shall constitute (3) In any case in which a rollcall vote is crime or misconduct, to disgrace or injure a quorum for the transaction of routine busi- announced, the tabulation of votes shall the professional standing of an individual, or ness, provided that one member of the mi- state separately the proxy vote recorded in otherwise expose an individual to public con- nority is present. favor of and in opposition to that measure, tempt or obloquy or will represent a clearly For the purpose of this paragraph, the amendment thereto, or matter. (Rule XXVI, unwarranted invasion of the privacy of an in- term ‘‘routine business’’ includes the con- Sec. 7(b) and (c), Standing Rules of the Sen- dividual; vening of a meeting and the consideration of ate.) (4) will disclose the identity of an informer E. Polling. (1) The Committee, or any Sub- any business of the Committee other than or law enforcement agent or will disclose committee thereof, may poll (a) internal reporting to the Senate any measures, mat- any information relating to the investiga- Committee or Subcommittee matters includ- ters or recommendations. (Rule XXVI, tion or prosecution of a criminal offense that ing the Committee’s or Subcommittee’s is required to be kept secret in the interests Sec.7(a)(1), Standing Rules of the Senate.) staff, records and budget; (b) steps in an in- C. Taking testimony. One member of the of effective law enforcement; vestigation, including issuance of subpoenas, Committee shall constitute a quorum for applications for immunity orders, and re- (5) will disclose information relating to the taking sworn or unsworn testimony. (Rule quests for documents from agencies; and (c) trade secrets of financial or commercial in- XXVI, Sec.7(a)(2) and 7(c)(2), Standing Rules other Committee or Subcommittee business formation pertaining specifically to a given of the Senate.) other than a vote on reporting to the Senate person if— D. Subcommittee quorums. Subject to the any measures, matters or recommendations (A) an Act of Congress requires the infor- provisions of sections 7(a) (1) and (2) of Rule or a vote on closing a meeting or hearing to mation to be kept confidential by Govern- XXVI of the Standing Rules of the Senate, the public. ment officers and employees; or the Subcommittees of this Committee are (2) Only the chairman, or a Committee (B) the information has been obtained by authorized to establish their own quorums member or staff officer designated by him, the Government on a confidential basis, for the transaction of business and the tak- may undertake any poll of the members of other than through an application by such ing of sworn testimony. the Committee. If any member requests, any person for a specific Government financial or E. Proxies prohibited in establishment of matter to be polled shall be held for meeting other benefit, and is required to be kept se- quorum. Proxies shall not be considered for rather than being polled. The chief clerk of cret in order to prevent undue injury to the the establishment of a quorum. the Committee shall keep a record of polls; if competitive position of such person; or RULE 3. VOTING a majority of the members of the Committee (6) may divulge matters required to be A. Quorum required. Subject to the provi- determine that the polled matter is in one of kept confidential under other provisions of sions of subsection (E), no vote may be taken the areas enumerated in subsection (D) of law or Government regulations. (Rule XXVI, by the Committee, or any Subcommittee Rule 1, the record of the poll shall be con- Sec. 5(b), Standing Rules of the Senate.) thereof, on any measure or matter unless a fidential. Any Committee member may move Notwithstanding the foregoing, whenever quorum, as prescribed in the preceding sec- at the Committee meeting following the poll disorder arises during a Committee or Sub- tion, is actually present. for a vote on the polled decision, such mo- committee meeting that is open to the pub- B. Reporting measures and matters. No tion and vote to be subject to the provisions lic, or any demonstration of approval or dis- measure, matter or recommendation shall be of subsection (D) of Rule 1, where applicable. approval is indulged in by any person in at- reported from the Committee unless a ma- RULE 4. CHAIRMANSHIP OF MEETINGS AND tendance at any such meeting, it shall be the jority of the Committee members are actu- HEARINGS duty of the chairman to enforce order on his ally present, and the vote of the Committee The chairman shall preside at all Commit- own initiative and without any point of to report a measure or matter shall require tee meetings and hearings except that he order being made by a member of the Com- the concurrence of a majority of those mem- shall designate a temporary chairman to act mittee or Subcommittee; provided, further, bers who are actually present at the time the in his place if he is unable to be present at that when the chairman finds it necessary to vote is taken. (Rule XXVI, Sec. 7(a) (1) and a scheduled meeting or hearing. If the chair- maintain order, he shall have the power to (3), Standing Rules of the Senate.) man (or his designee) is absent ten minutes clear the room, and the Committee or Sub- C. Proxy voting. Proxy voting shall be al- after the scheduled time set for a meeting or committee may act in closed session for so lowed on all measures and matters before the hearing, the ranking majority member long as there is doubt of the assurance of Committee, or any Subcommittee thereof, present shall preside until the chairman’s ar- order. (Rule XXVI, Sec.5(d), Standing Rules except that, when the Committee, or any rival. If there is no member of the majority of the Senate.) Subcommittee thereof, is voting to report a present, the ranking minority member C. Full Committee subpoenas. The chair- measure or matter, proxy votes shall be al- present, with the prior approval of the chair- man, with the approval of the ranking mi- lowed solely for the purposes of recording a man, may open and conduct the meeting or nority member of the Committee, is author- member’s position on the pending question. hearing until such time as a member of the ized to subpoena the attendance of witnesses Proxy voting shall be allowed only if the ab- majority arrives. or the production of memoranda, documents, sent Committee or Subcommittee member RULE 5. HEARINGS AND HEARINGS PROCEDURES records, or any other materials at a hearing has been informed of the matter on which he A. Announcement of hearings. The Com- or deposition, provided that the chairman is being recorded and has affirmatively re- mittee, or any Subcommittee thereof, shall may subpoena attendance or production February 10, 1997 CONGRESSIONAL RECORD — SENATE S1197 without the approval of the ranking minor- tion of other witnesses called by the Com- copy, the staff shall note that fact on the ity member where the chairman or a staff of- mittee, which questions shall be considered transcript. The individual administering the ficer designated by him has not received no- for use by the Committee. oath shall certify on the transcript that the tification from the ranking minority mem- G. Radio, television, and photography. The witness was duly sworn in his presence, the ber or a staff officer designated by him of Committee, or any Subcommittee thereof, transcriber shall certify that the transcript disapproval of the subpoena within 72 hours, may permit the proceedings of hearings is a true record of the testimony, and the excluding Saturdays and Sundays, of being which are open to the public to be photo- transcript shall then be filed with the notified of the subpoena. If a subpoena is dis- graphed and broadcast by radio, television or chief clerk of the Committee. The approved by the ranking minority member both, subject to such conditions as the Com- chairman or a staff officer designated as provided in this subsection, the subpoena mittee, or Subcommittee, may impose. (Rule may be authorized by vote of the members of XXVI, Sec.5(c), Standing Rules of the Sen- by him may stipulate with the witness the Committee. When the Committee or ate.) to changes in the procedure; deviations chairman authorizes subpoenas, subpoenas H. Advance statements of witnesses. A wit- from this procedure which do not sub- may be issued upon the signature of the ness appearing before the Committee, or any stantially impair the reliability of the chairman or any other member of the Com- Subcommittee thereof, shall provide 100 cop- record shall not relieve the witness mittee designated by the chairman. ies of a written statement and an executive from his or her obligation to testify D. Witness counsel. Counsel retained by summary or synopsis of his proposed testi- truthfully. any witness and accompanying such witness mony at least 48 hours prior to his appear- shall be permitted to be present during the ance. This requirement may be waived by RULE 6. COMMITTEE REPORTING PROCEDURES testimony of such witness at any public or the chairman and the ranking minority A. Timely filing. When the Committee has executive hearing or deposition to advise member following their determination that ordered a measure or matter reported, fol- such witness while he or she is testifying, of there is good cause for failure of compliance. lowing final action the report thereon shall his or her legal rights; provided, however, (Rule XXVI, Sec.4(b), Standing Rules of the be filed in the Senate at the earliest prac- that in the case of any witness who is an offi- Senate.) ticable time. (Rule XXVI, Sec.10(b), Standing cer or employee of the government, or of a I. Minority witnesses. In any hearings con- Rules of the Senate.) corporation or association, the Committee ducted by the Committee, or any Sub- B. Supplemental, minority, and additional chairman may rule that representation by committee thereof, the minority members of views. A member of the Committee who counsel from the government, corporation, the Committee or Subcommittee shall be en- gives notice of his intention to file supple- or association or by counsel representing titled, upon request to the chairman by a mental, minority or additional views at the other witnesses, creates a conflict of inter- majority of the minority members, to call time of final Committee approval of a meas- est, and that the witness may only be rep- witnesses of their selection during at least ure or matter, shall be entitled to not less resented during interrogation by staff or one day of such hearings. (Rule XXVI, than three calendar days in which to file during testimony before the Committee by Sec.4(d), Standing Rules of the Senate.) such views, in writing, with the chief clerk personal counsel not from the government, J. Full Committee depositions. Depositions of the Committee. Such views shall then be corporation, or association or by personal may be taken prior to or after a hearing as included in the Committee report and print- counsel not representing other witnesses. provided in this subsection. ed in the same volume, as a part thereof, and This subsection shall not be construed to ex- (1) Notices for the taking of depositions their inclusion shall be noted on the cover of cuse a witness from testifying in the event shall be authorized and issued by the chair- the report. In the absence of timely notice, his counsel is ejected for conducting himself man, with the approval of the ranking mi- the Committee report may be filed and in such manner so as to prevent, impede, dis- nority member of the Committee, provided printed immediately without such views. rupt, obstruct or interfere with the orderly that the chairman may initiate depositions (Rule XXVI, Sec. 10(c), Standing Rules of the administration of the hearings; nor shall this without the approval of the ranking minor- Senate.) subsection be construed as authorizing coun- ity member where the chairman or a staff of- C. Notice by Subcommittee chairmen. The sel to coach the witness or answer for the ficer designated by him has not received no- chairman of each Subcommittee shall notify witness. The failure of any witness to secure tification from the ranking minority mem- the chairman in writing whenever any meas- counsel shall not excuse such witness from ber or a staff officer designated by him of ure has been ordered reported by such Sub- complying with a subpoena or deposition no- disapproval of the deposition within 72 committee and is ready for consideration by tice. hours, excluding Saturdays and Sundays, of the full Committee. E. Witness transcripts. An accurate elec- being notified of the deposition notice. If a D. Draft reports of Subcommittees. All tronic or stenographic record shall be kept of deposition notice is disapproved by the rank- draft reports prepared by Subcommittees of the testimony of all witnesses in executive ing minority member as provided in this sub- this Committee on any measure or matter and public hearings. The record of his or her section, the deposition notice may be au- referred to it by the chairman, shall be in testimony whether in public or executive thorized by a vote of the members of the the form, style, and arrangement required to session shall be made available for inspec- Committee. Committee deposition notices conform to the applicable provisions of the tion by the witness or his or her counsel shall specify a time and place for examina- Standing Rules of the Senate, and shall be in under Committee supervision; a copy of any tion, and the name of the Committee mem- accordance with the established practices testimony given in public session or that ber or members or staff officer or officers followed by the Committee. Upon completion part of the testimony given by the witness in who will take the deposition. Unless other- of such draft reports, copies thereof shall be executive session and subsequently quoted or wise specified, the deposition shall be in pri- filed with the chief clerk of the Committee made part of the record in a public session vate. The Committee shall not initiate pro- at the earliest practicable time. shall be provided to any witness at his or her cedures leading to criminal or civil enforce- E. Impact statements in reports. All Com- expense if he or she so requests. Upon in- ment proceedings for a witness’ failure to ap- mittee reports, accompanying a bill or joint specting his or her transcript, within a time pear or produce unless the deposition notice resolution of a public character reported by limit set by the chief clerk of the Commit- was accompanied by a Committee subpoena. the Committee, shall contain (1) an esti- tee, a witness may request changes in the (2) Witnesses may be accompanied at a mate, made by the Committee, of the costs transcript to correct errors of transcription deposition by counsel to advise them of their which would be incurred in carrying out the and grammatical errors; the chairman or a legal rights, subject to the provisions of Rule legislation for the then current fiscal year staff officer designated by him shall rule on 5D. and for each of the next five years thereafter such requests. (3) Oaths at depositions may be adminis- (or for the authorized duration of the pro- F. Impugned persons. Any person whose tered by an individual authorized by local posed legislation, if less than five years); and name is mentioned or is specifically identi- law to administer oaths. Questions shall be (2) a comparison of such cost estimates with fied, and who believes that evidence pre- propounded orally by Committee member or any made by a Federal agency; or (3) in lieu sented, or comment made by a member of members or staff. If a witness objects to a of such estimate or comparison, or both, a the Committee or staff officer, at a public question and refuses to testify, the objection statement of the reasons for failure by the hearing or at a closed hearing concerning shall be noted for the record and the Com- Committee to comply with these require- which there have been public reports, tends mittee member or members or staff may pro- ments as impracticable, in the event of in- to impugn his or her character or adversely ceed with the remainder of the deposition. ability to comply therewith. (Rule XXVI, affect his or her reputation may: (4) The Committee shall see that the testi- Sec.11(a), Standing Rules of the Senate.) (a) file a sworn statement of facts relevant mony is transcribed or electronically re- Each such report shall also contain an to the evidence or comment, which state- corded (which may include audio or audio/ evaluation, made by the Committee, of the ment shall be considered for placement in video recordings). If it is transcribed, the regulatory impact which would be incurred the hearing record by the Committee; transcript shall be made available for inspec- in carrying out the bill or joint resolution. (b) request the opportunity to appear per- tion by the witness or his or her counsel The evaluation shall include (a) an estimate sonally before the Committee to testify in under Committee supervision. The witness of the numbers of individuals and businesses his or her own behalf, which request shall be shall sign a copy of the transcript and may who would be regulated and a determination considered by the Committee; and request changes to it, which shall be handled of the groups and classes of such individuals (c) submit questions in writing which he or in accordance with the procedure set forth in and businesses, (b) a determination of the she requests be used for the cross-examina- subsection (E). If the witness fails to sign a economic impact of such regulation on the S1198 CONGRESSIONAL RECORD — SENATE February 10, 1997 individuals, consumers, and businesses af- quest shall be submitted on the budget form qualifications for the office to which he or fected, (c) a determination of the impact on prescribed by the Committee on Rules and she is nominated. the personal privacy of the individuals af- Administration, and shall be accompanied by For the purpose of assisting the Committee fected, and (d) a determination of the a written justification addressed to the in the conduct of this inquiry, a majority in- amount of paperwork that will result from chairman of the Committee, which shall in- vestigator or investigators shall be des- the regulations to be promulgated pursuant clude (1) a statement of the Subcommittee’s ignated by the chairman and a minority in- to the bill or joint resolution, which deter- area of activities, (2) its accomplishments vestigator or investigators shall be des- mination may include, but need not be lim- during the preceding Congress detailed year ignated by the ranking minority member. ited to, estimates of the amount of time and by year, and (3) a table showing a compari- The chairman, ranking minority member, financial costs required of affected parties, son between (a) the funds authorized for ex- other members of the Committee and des- showing whether the effects of the bill or penditure during the preceding Congress de- ignated investigators shall have access to all joint resolution could be substantial, as well tailed year by year, (b) the funds actually ex- investigative reports on nominees prepared as reasonable estimates of the recordkeeping pended during that Congress detailed year by by any Federal agency, except that only the requirements that may be associated with year, (c) the amount requested for each year chairman, the ranking minority member, or the bill or joint resolution. Or, in lieu of the of the Congress, and (d) the number of pro- other members of the Committee, upon re- forgoing evaluation, the report shall include fessional and clerical staff members and con- quest, shall have access to the report of the a statement of the reasons for failure by the sultants employed by the Subcommittee dur- Federal Bureau of Investigation. The Com- Committee to comply with these require- ing the preceding Congress detailed year by mittee may request the assistance of the ments as impracticable, in the event of in- year and the number of such personnel re- General Accounting Office and any other ability to comply therewith. (Rule XXVI, quested for each year of the Congress. The such expert opinion as may be necessary in Sec.11(b), Standing Rules of the Senate.) chairman may request additional reports conducting its review of information pro- from the Subcommittees regarding their ac- vided by nominees. RULE 7. SUBCOMMITTEES AND SUBCOMMITTEE D. Report on the Nominee. After a review of tivities and budgets at any time during a PROCEDURES all information pertinent to the nomination, Congress. (Rule XXVI, Sec. 9, Standing Rules A. Regularly established Subcommittees. a confidential report on the nominee shall be of the Senate.) The Committee shall have three regularly made by the designated investigators to the established Subcommittees. The Subcommit- RULE 8. CONFIRMATION STANDARDS AND chairman and the ranking minority member tees are as follows: PROCEDURES and, upon request, to any other member of Permanent Subcommittee on Investiga- A. Standards. In considering a nomination, the Committee. The report shall summarize tions. the Committee shall inquire into the nomi- the steps taken by the Committee during its Oversight of Government Management, Re- nee’s experience, qualifications, suitability, investigation of the nominee and identify structuring and the District of Columbia. and integrity to serve in the position to any unresolved or questionable matters that International Security, Proliferation and which he or she has been nominated. The have been raised during the course of the in- Federal Services. Committee shall recommend confirmation, quiry. B. Ad hoc Subcommittees. Following con- upon finding that the nominee has the nec- E. Hearings. The Committee shall conduct sultation with the ranking minority mem- essary integrity and is affirmatively quali- a public hearing during which the nominee ber, the chairman shall, from time to time, fied by reason of training, education, or ex- shall be called to testify under oath on all establish such ad hoc Subcommittees as he perience to carry out the functions of the of- matters relating to his or her suitability for deems necessary to expedite Committee fice to which he or she was nominated. office, including the policies and programs business. B. Information Concerning the Nominee. which he or she will pursue while in that po- C. Subcommittee membership. Following Each nominee shall submit the following in- sition. No hearing shall be held until at least consultation with the majority members, formation to the Committee: 72 hours after the following events have oc- and the ranking minority member of the (1) A detailed biographical resume which curred: the nominee has responded to pre- Committee, the chairman shall announce se- contains information relating to education, hearing questions submitted by the Commit- lections for membership on the Subcommit- employment and achievements; tee; and the report required by subsection tees referred to in paragraphs A and B, (2) Financial information, including a fi- (D) has been made to the chairman and rank- above. nancial statement which lists assets and li- ing minority member, and is available to D. Subcommittee meetings and hearings. abilities of the nominee and tax returns for other members of the Committee, upon re- Each Subcommittee of this Committee is au- the 3 years preceding the time of his or her quest. thorized to establish meeting dates and nomination, and copies of other relevant F. Action on confirmation. A mark-up on a adopt rules not inconsistent with the rules of documents requested by the Committee, nomination shall not occur on the same day the Committee except as provided in Rules such as a proposed blind trust agreement, that the hearing on the nominee is held. In 2(D) and 7(E). necessary for the Committee’s consideration; order to assist the Committee in reaching a E. Subcommittee subpoenas. Each Sub- and, recommendation on confirmation, the staff committee is authorized to adopt rules con- (3) Copies of other relevant documents the may make an oral presentation to the Com- cerning subpoenas which need not be consist- Committee may request, such as responses mittee at the mark-up, factually summariz- ent with the rules of the Committee; pro- to questions concerning the policies and pro- ing the nominee’s background and the steps vided, however, that in the event the Sub- grams the nominee intends to pursue upon taken during the pre-hearing inquiry. committee authorizes the issuance of a sub- taking office. G. Application. The procedures contained in At the request of the chairman or the poena pursuant to its own rules, a written subsections (C), (D), (E), and (F) of this rule ranking minority member, a nominee shall notice of intent to issue the subpoena shall shall apply to persons nominated by the be required to submit a certified financial be provided to the chairman and ranking mi- President to positions requiring their full- statement compiled by an independent audi- nority member of the Committee, or staff of- time service. At the discretion of the chair- tor. ficers designated by them, by the Sub- man and ranking minority member, those Information received pursuant to this sub- procedures may apply to persons nominated committee chairman or a staff officer des- section shall be made available for public in- ignated by him immediately upon such au- by the President to serve on a part-time spection; provided, however, that tax returns basis. thorization, and no subpoena shall issue for shall, after review by persons designated in RULE 9. PERSONNEL ACTIONS AFFECTING at least 48 hours, excluding Saturdays and subsection (C) of this rule, be placed under COMMITTEE STAFF Sundays, from delivery to the appropriate of- seal to ensure confidentiality. fices, unless the chairman and ranking mi- C. Procedures for Committee inquiry. The In accordance with Rule XLII of the Stand- nority member waive the 48 hour waiting pe- Committee shall conduct an inquiry into the ing Rules of the Senate and the Congres- riod or unless the Subcommittee chairman experience, qualifications, suitability, and sional Accountability Act of 1995 (P.L. 104–1), certifies in writing to the chairman and integrity of nominees, and shall give particu- all personnel actions affecting the staff of ranking minority member that, in his opin- lar attention to the following matters: the Committee shall be made free from any ion, it is necessary to issue a subpoena im- (1) A review of the biographical informa- discrimination based on race, color, religion, mediately. tion provided by the nominee, including, but sex, national origin, age, state of physical F. Subcommittee budgets. Each Sub- not limited to, any professional activities re- handicap, or disability. committee of this Committee, which re- lated to the duties of the office to which he f quires authorization for the expenditure of or she is nominated; funds for the conduct of inquiries and inves- (2) A review of the financial information BERNICE SCOTT: CHAMPION OF tigations, shall file with the chief clerk of provided by the nominee, including tax re- THE PEOPLE the Committee, not later than January 10 of turns for the three years preceding the time ∑ Mr. HOLLINGS. Mr. President, Ber- the first year of each new Congress, its re- of his or her nomination; nice Scott, of the Richland County quest for funds for the two (2) 12-month peri- (3) A review of any actions, taken or pro- ods beginning on March 1 and extending posed by the nominee, to remedy conflicts of Council, is a philanthropist in the tru- through and including the last day of Feb- interest; and est sense of the word. ruary of the two following years, which (4) A review of any personal or legal mat- Bernice is generous with heart, time, years comprise that Congress. Each such re- ter which may bear upon the nominee’s talent, and money and employs these February 10, 1997 CONGRESSIONAL RECORD — SENATE S1199 resources on behalf of the community nal organs of the bear which are re- If somebody kills a bear in the state of and in particular for those less fortu- ferred to as bear viscera. Washington all they have to do is get it to nate. Her largess is well known and This bill is made necessary because Idaho. Technically * * *, it’s against the law of the booming illegal trade in bear but all it does is make it more difficult to more than one child remembers her for prove that the bear was taken in Washington the gift of shoes or school supplies that viscera. At least 18 Asian countries are and traded illegally in interstate commerce. made it possible to attend school. Each known to participate in the illegal That’s where the Lacey Act has problems. winter she hosts a dinner for senior trade in bear parts. Bear viscera are The Bear Protection Act will estab- citizens in need and every spring, in also illegally sold and traded in large lish national guidelines for trade in her mother’s memory, she throws a urban areas in the United States such bear parts, but it will not weaken any banquet for the entire community. as San Francisco, Seattle, Portland, existing State laws that have been in- Bernice’s efforts on behalf of individ- and New York City. These cities serve stituted to deal with this issue. My bill uals and the community at large is leg- as primary ports for export shipments will also instruct the Secretary of the endary. Always one to go the extra of these goods. Interior and the U.S. Trade Represent- mile, Bernice has driven to Washington Bear parts, such as gall bladders, are ative to establish a dialog with the ap- and slept in her car in the battle for a used in traditional Asian medicine to propriate countries to coordinate ef- sewer for a small community. She has treat everything from diabetes to heart forts aimed at curtailing the inter- led countless countywide efforts to im- disease. Due to the increasing demand national bear trade. prove roads, storm water drainage, for bear viscera, the population of Mr. President, this measure is craft- sewer, and water conditions. Her con- Asian black bears has been totally an- ed narrowly enough to deal with the stituents have full faith in her ability nihilated over the last few years. This poaching of the American black bear to make things happen. Whether saving has led poachers to turn to American for profit, while still ensuring the the Lower Richland Rural Health Cen- bears to fill the increasing demand. I, rights of American sportsmen. I urge ter, improving recreation facilities for for one, will not stand by and allow our my colleagues to join me in support of children, or turning out the vote with own bear populations to be decimated this much-needed legislation. Mr. her ‘‘Wrecking Crew’’, Bernice Scott is by poachers. President, I ask that the full text of always sure to be in the thick of Mr. President, it is estimated that the bill be printed in the CONGRES- things. Kentucky has only 50 to 100 black bears SIONAL RECORD. Bernice grew up the 7th of 11 children remaining in the wild. Black bears The text of the bill follows: on a family farm. She is married to once roamed free across the Appalach- S. 263 Deacon Thomas Gilmore and is the ian Mountains, through the rolling Be it enacted by the Senate and House of Rep- mother of two children and three hills of the bluegrass, all the way to resentatives of the United States of America in grandchildren. First elected to county the Mississippi River. Although we Congress assembled, cannot restore the numbers we once SECTION 1. SHORT TITLE. council in September 1988, Bernice This Act may be cited as the ‘‘Bear Protec- Scott is the first African-American to had, we can ensure that the remaining tion Act’’. chair Richland County Council. In ad- bears are not sold for profit to the SEC. 2. FINDINGS. dition to her duties on county council, highest bidder. Congress finds that— she has held the positions of assistant Poaching has become an astound- (1) there are 8 extant species of bear: Asian to the court administrator, county om- ingly profitable enterprise. It is esti- black bear, brown bear, polar bear, American budsman, records clerk in the county mated that over 40,000 bears are black bear, spectacled bear, giant panda, sun poached in the United States every bear, and sloth bear; treasurer’s office, tax collector and as- (2) the Asian black bear populations have sistant to the clerk of council for Rich- year. That equals the number that are been decimated in recent years by illegal land County. She is a member and a taken by legal hunting. trade to supply the growing demand for deaconess of Mount Nebo Baptist Mr. President, the main reason be- medicines and cosmetics containing valuable Church in Gasden, SC. hind these astounding numbers is bear viscera; A short list of her civic activities in- greed. In South Korea, bear gall blad- (3) without immediate action to end United clude: member of the Central Midlands ders are worth their weight in gold, States involvement in the lucrative black and an average bear gall bladder can market trade in bear viscera, American bear Regional Planning Council, the HOME populations may suffer the same devastating Committee, vice-chair of the Transpor- bring as high as $10,000 on the black losses as Asian bear populations; tation Committee, member of the market. (4) increasingly, undercover operations Richland County Administration and Currently, U.S. law enforcement offi- have discovered that poachers are establish- Finance Committee, member of the cials have little power to address the ing extensive smuggling networks to ille- Soil and Water Conservation Board, poaching of bears and the sale of their gally commercialize American bears; (5) because it is practically impossible to and chairperson of the board of direc- parts in an effective manner. The Unit- ed States Fish and Wildlife Service has distinguish the viscera of CITES Appendix I tors for Richland Community Health bears from the viscera of other bear species, Care Association. neither the manpower nor the budget there is an urgent need to eliminate the Bernice Scott is the embodiment of to test all bear parts sold legally in the trade in the viscera of all bear species; public service at its very best.∑ United States. Without extensive test- (6) as a party to CITES, a world leader in f ing, law enforcement officials cannot wildlife conservation, and a larger market determine if gall bladders or other for and supplier of bear viscera and products, BEAR PROTECTION ACT parts have come from threatened or en- the United States shares responsibility for supporting and implementing measures to Mr. MCCONNELL. Mr. President, on dangered species. This problem perpet- stop the illegal trade in CITES Appendix I February 5, I introduced the Bear Pro- uates the poaching of endangered or Asian black bears and CITES Appendix II tection Act, S. 263. This measure is threatened bears. American black bears; aimed at controlling poaching of bears The Lacey Act currently regulates (7) inconsistency in State prohibition of such as the American black bear which the interstate commerce of wildlife commercialization of bear gall and inad- is found in Kentucky. It addresses sev- possessed or transported in violation of equate Federal regulation of such commer- eral enforcement and jurisdictional State law. Inconsistencies in State law, cialization make law enforcement difficult; and loopholes that are caused by a patch- however, make convictions under this (8) individual States, which have the right work of State laws. The current incon- statute difficult. Under the current to set, maintain, and enforce quotas for the sistencies enable a wildly profitable legal situation, it is impossible to de- legal hunting of black bears, will be assisted underground black market for bear termine whether a gall bladder being in their management efforts by the enact- parts to flourish in the United States. sold in Idaho comes from a legally ment of a Federal law banning the import of, Mr. President, my bill would in no taken local bear or an endangered Lou- export of, and interstate commerce in bear way affect legal hunting of bears. Hun- isiana black bear without expensive viscera. SEC. 3. PURPOSE. ters would still be allowed to keep tro- testing. U.S. Fish and Wildlife Special The purpose of this Act is to ensure the phies and furs of bears killed during Agent Corky Roberts illustrates this long-term viability of the world’s 8 bear spe- legal hunts. This measure would only point in a recent Humane Society pub- cies and specifically to perpetuate healthy prohibit the sale or barter of the inter- lication, populations of American bears. S1200 CONGRESSIONAL RECORD — SENATE February 10, 1997 SEC. 4. STATEMENT OF POLICY. mentor on the workings of this impor- This bill will shine some sunlight on It is the policy of the United States that tant subcommittee. He led us through the congressional pension system. It effective long-term conservation of the the complex and confusing maze of will be another step toward restoring world’s bear species, including North Amer- numbers, agencies, and appropriations the confidence and trust of the Amer- ican bears, depends in part on the prohibi- tion of the lucrative trade in bear viscera. politics. Proctor was invaluable. ican people in our National Legislature My State of Washington is a major SEC. 5. DEFINITIONS. and in our system of self-government.∑ In this Act: beneficiary of public investments co- f ordinated under the jurisdiction of the (1) BEAR VISCERA.—The term ‘‘bear TRIBUTE TO GABRIEL LEWIS viscera’’ means the body fluids or internal Energy and Water Development Sub- organs (including the gallbladder) of a spe- committee, such as the Hanford Res- GALINDO cies of bear. ervation, the Bonneville Power Admin- ∑ Mr. DODD. Mr. President, I rise (2) CITES.—The term ‘‘CITES’’ means the istration, and numerous ports and wa- today to pay tribute to a true Panama- Convention on International Trade in Endan- terways. These entities and projects nian statesman, a renowned diplomat, gered Species of Wild Fauna and Flora, done are sometimes controversial, often and a good friend of the United at Washington on March 3, 1973 (27 UST 1087; complex, and usually expensive. Proc- TIAS 8249). States—Gabriel Lewis Galindo. (3) OTHER TERMS.—The terms ‘‘import’’, tor knew what could be accomplished Gabriel Lewis was considered his na- ‘‘person’’, ‘‘State’’, and ‘‘transport’’ have the and what was doomed to failure. He tion’s leading expert on foreign affairs. meanings provided in section 2 of the Lacey had an answer to every question. And, over the past 20 years he was an Act Amendments of 1981 (16 U.S.C. 3371). Of course, that ability to divine the influential figure in nearly all the SEC. 6. PROHIBITED ACTS. realm of the possible was both a source major issues that dominated United A person who— of joy and frustration. When the an- States-Panamanian relations. (1) imports into the United States, or ex- swer to a request was ‘‘yes,’’ I knew my As Panama’s Ambassador to the ports from the United States, bear viscera or request was a done deal and I could United States in the late 1970’s, he products that contain or claim to contain count on the funding or report lan- played an integral role in helping to bear viscera; or guage. When the answer was ‘‘no,’’ con- negotiate the Panama Canal treaties, (2) sells, barters, offers to sell or barter, vincing Proctor about the error of his purchases, possesses with intent to sell or which will transfer control of the wa- barter, transports, acquires, or receives in views was, shall we say, a daunting terway to Panama in the year 2000. In interstate or foreign commerce, bear viscera task. But he never let me down. If the end, Gabriel Lewis’s abundant per- or products that contain or claim to contain something could not be done the way I sonal charm and charisma were a guid- bear viscera; had originally envisioned it, he would ing force behind not only the resolu- shall be subject to section 7(a). explain why it would not, and suggest tion of those negotiations, but Senate SEC. 7. PENALTIES AND ENFORCEMENT. alternative ways to arrive at a similar approval of the treaties. (a) IN GENERAL.—A person who engages in outcome. Gabriel Lewis was also a persistent conduct described in section 6 shall be sub- Mr. President, I wish Proctor the and powerful voice for democracy in ject to the penalties and sanctions provided best as he starts a new career as a part- Panama. He became an outspoken and in sections 4 and 5 of the Lacey Act Amend- ner with his former boss and one of the forceful opponent of the regime of Gen. ments of 1981 (16 U.S.C. 3373 and 3374). most effective Senators I have had the (b) ENFORCEMENT.— Manuel Noriega seeking exile in the pleasure to serve with, former Senator United States after being charged with (1) IN GENERAL.—This Act shall be enforced J. Bennett Johnston. I will sorely miss in the manner provided in subsections (a), treason in his native country. (b), and (c) of section 6 of the Lacey Act Proctor’s guidance and expertise, but Here in the United States, he contin- Amendments of 1981 (16 U.S.C. 3375). know he is ready for a change and new ued his tireless struggles on behalf of (2) USE OF PENALTY AMOUNTS FOR REWARDS challenges. Panamanian democracy, mobilizing Congratulations, Proctor, on your AND INCIDENTAL EXPENSES.—Amounts re- support against the Noriega regime and ceived as penalties, fines, or forfeiture of more than three decades of service to leading efforts to increase United property under subsection (a) shall be used the greatest deliberative body on in accordance with section 6(d) of the Lacey Earth. And thank you for your guid- States economic pressure on Panama. After the overthrow of Noriega, Ga- Act Amendments of 1981 (16 U.S.C. 3375(d)). ance to first term Senators like me.∑ briel Lewis continued his commitment SEC. 8. DISCUSSIONS CONCERNING TRADE PRAC- f TICES. to public service and the Panamanian (a) IN GENERAL.—The Secretary of the In- CONGRESSIONAL PENSION people by becoming Panama’s Foreign terior and the United States Trade Rep- DISCLOSURE ACT Minister in 1994. Almost immediately, resentative shall— he was working to improve United (1) discuss issues involving trade in bear ∑ Mr. HAGEL. Mr. President, today I viscera with the appropriate representatives join as a cosponsor of the Congres- States-Panamanian relations. Soon of such countries trading with the United sional Pension Disclosure Act of 1997. I after taking office, he recommended States as are determined jointly by the Sec- commend Senator ABRAHAM for his that the newly elected President of retary of the Interior and the Secretary of leadership in drafting this important Panama, Ernesto Balladares, take in Commerce to be the leading importers, ex- legislation. up to 10,000 Cuban refugees helping to porters, or consumers of bear viscera; and This bill will require that detailed in- defuse a growing crisis in the Carib- (2) attempt to establish coordinated efforts formation about the pension of every bean. with the countries to protect bears. Member of Congress be published twice Often in this body we honor great (b) REPORT.—Not later than 5 years after the date of enactment of this Act, the Sec- a year as a part of a report on Congress Americans who are a tribute to their retary of the Interior shall submit to Con- that already is required by law. Under community and their Nation. But we gress a report describing the progress of ef- our proposal, each report would show must also take the time to pay homage forts to end illegal trade in bear viscera.∑ how much a Member has contributed to to those, who from abroad, are the em- f his pension, how much he would re- bodiment of the values and precepts we ceive if he retired, and any other infor- hold dear as Americans. Gabriel Lewis IN APPRECIATION OF PROCTOR mation needed to enable the public to Galindo was just such a man and he JONES compute the Federal retirement bene- will be sorely missed both in his native ∑ Mrs. MURRAY. Mr. President, on fits of each Member of Congress. Panama and by those who knew and re- January 31 Proctor Jones spent his last I strongly support this step because spected him here in the United States. day of service in the UU.S. Senate. I the people have a right to know fully My thoughts and prayers go out to join many of my colleagues in thank- and completely how their Congress his wife Nita, his 6 children, and his 21 ing him publicly for his work. works and how the congressional pen- grandchildren.∑ Proctor Jones has been an incredible sion system works. There should be f asset to the Senate and to me. When I nothing hidden here. Nothing should be became a member of the Appropria- difficult for the people to determine. ESTATE TAX REFORM tions Subcommittee on Energy and No calculations of congressional pen- ∑ Mr. ABRAHAM. Mr. President, ear- Water Development in January, 1992, sions or other benefits should be lier this year, I joined Senator KYL and Proctor became my and my staff’s murky or confusing. others in introducing legislation which February 10, 1997 CONGRESSIONAL RECORD — SENATE S1201 would eliminate the Federal estate tax. my hope we can act in this Congress so the order of the Senate of January 24, In terms of helping families, encourag- it will not afflict yet another genera- 1901, that on Monday, February 24, 1997, ing economic growth, and simple tax tion of Americans.∑ immediately following the prayer and fairness, eliminating the estate tax is f the disposition of the Journal, the tra- one of the most meaningful steps Con- ditional reading of Washington’s Fare- APPOINTMENT BY THE PRESIDENT gress can take, and I intend to work well Address take place and that the PRO TEMPORE with Members from both parties to Chair be authorized to appoint a Sen- move this legislation through Congress The PRESIDING OFFICER. The ator to perform that task. and on to the President’s desk. Chair, on behalf of the President pro The PRESIDING OFFICER. Without Mr. President, the estate tax was tempore, and upon the recommenda- objection, it is so ordered. first instituted in 1916 as a means of tion of the majority leader, pursuant raising revenue and redistributing to Public Law 102–138, appoints the f wealth. It has largely failed on both ac- Senator from Alaska [Mr. STEVENS] as counts. On the other hand, it has had a chairman of the Senate delegation to ORDERS FOR TUESDAY, severe and adverse impact upon mil- the British-American Interparliamen- FEBRUARY 11, 1997 lions of families, it has destroyed innu- tary Group during the 105th Congress. Mr. NICKLES. Mr. President, I ask merable family owned businesses, and f unanimous consent that when the Sen- it has created perverse incentives that APPOINTMENTS BY THE VICE ate completes its business today it encourage parents to spend their sav- PRESIDENT stand in adjournment until the hour of ings now, rather than pass them on to 2:15 p.m. on Tuesday, February 11. I their children later. As the National The PRESIDING OFFICER. The further ask that immediately following Commission on Economic Growth Chair, on behalf of the Vice President, the prayer the routine requests noted in its report: in accordance with 22 U.S.C. 1928a– through the morning hour be granted It makes little sense and is patently unfair 1928d, as amended, appoints the Sen- and the Senate then proceed to the to impose extra taxes on people who choose ator from Delaware [Mr. ROTH] as consideration of Senate Joint Resolu- to pass their assets on to their children and chairman of the Senate delegation to tion 1, and under a previous consent grandchildren instead of spending them lav- the North Atlantic Assembly during there will be 1 hour for debate prior to ishly on themselves. Families faced with the 105th Congress. these confiscatory taxes often find them- a vote in relation to the Wellstone The Chair, on behalf of the Vice amendment regarding underprivileged selves forced to sell off farms or businesses, President, pursuant to 22 U.S.C. 276d– destroying jobs in the process. children. 276g, as amended, appoints the Senator I believe the Kemp Commission was The PRESIDING OFFICER. Without from Alaska [Mr. MURKOWSKI] as chair- objection, it is so ordered. exactly right. The estate tax is simply man of the Senate delegation to the devastating to entrepreneurs and farm- Canada-United States Interparliamen- f ers. By forcing the sale of many busi- tary Group during the 105th Congress. nesses, the tax causes untold hardship The Chair, on behalf of the Vice PROGRAM and turmoil in families already dealing President, pursuant to 22 U.S.C. 276h– Mr. NICKLES. For the information of with the loss of a loved one. It has been 276k, as amended, appoints the Senator all Senators, the Senate will continue estimated that 70 percent of all busi- from Texas [Mrs. HUTCHISON] as chair- the debate on the balanced budget nesses never make it past the first gen- man of the Senate delegation to the amendment on Tuesday. Under the pre- eration, while 90 percent do not make Mexico-United States Interparliamen- vious order, the Senate will resume de- it past the second generation. I believe tary Group during the 105th Congress. bate on the Wellstone amendment at the estate tax is responsible for much f of this failure. 2:15 p.m. with a vote occurring on or in Worse, this destruction of businesses AMENDMENT OF THE JOURNAL— relation to that amendment at approxi- and loss of jobs cannot be justified for INDEFINITE POSTPONEMENT OF mately 3:15 p.m. on Tuesday. Senators, budget reasons. The estate tax raises H.R. 4278 therefore, can expect the next rollcall little money for the Federal Govern- Mr. NICKLES. Mr. President, I ask vote on Tuesday, February 11, at ap- ment. Historically, the estate tax unanimous consent that the Journal of proximately 3:15 p.m. raises less than 2 percent of total Fed- the Senate of September 30, 1996 be Also it is my hope we will be able to eral revenues. According to many ob- amended to reflect the indefinite post- confirm the nomination of Congress- servers, this amount is less than the ponement of H.R. 4278. man Richardson to be U.N. Ambassador cost the estate tax imposes to both The PRESIDING OFFICER. Without shortly after the nomination is re- government and the economy. objection, it is so ordered. ported out of the Foreign Relations In conclusion, Mr. President, let me f Committee. say that the estate tax is simply un- fair. It tells every American that no ORDER FOR STAR PRINT—S. 24 f matter how hard you work or how Mr. NICKLES. I ask unanimous con- ADJOURNMENT UNTIL 2:15 P.M. wisely you manage your affairs, in the sent that Senate bill 24 be star printed TOMORROW end the Federal Government is going with the changes that are at the desk. to step in and take it away. The estate The PRESIDING OFFICER. Without Mr. NICKLES. Mr. President, if there tax is double and, in some cases triple objection, it is so ordered. is no further business to come before taxation, it punishes hard work and f the Senate, I now ask unanimous con- wealth creation, and it fails to raise sent the Senate stand in adjournment the kind of revenue that could possibly READING OF WASHINGTON’S under the previous order. justify the damage it causes. It has FAREWELL ADDRESS There being no objection, the Senate, been destroying businesses and ruining Mr. NICKLES. Mr. President, I ask at 7:19 p.m., adjourned until Tuesday, lives for four generations now, and it is unanimous consent, notwithstanding February 11, 1997, at 2:15 p.m. February 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E191 EXTENSIONS OF REMARKS

IN SUPPORT OF THE BALANCED vention requires the approval of both House of April 1915 during the first year of World War BUDGET AMENDMENT Congress, officials of the administration I. It is long past time to do something about briefed me and members of my subcommittee such weapons. on its provisions and the legislation necessary I am not a dove. As a young naval officer HON. BOB RILEY in 1945, I supported the use of nuclear weap- to implement that agreement. ons against Japan. As chief of naval oper- OF ALABAMA This is truly an agreement with broad bipar- IN THE HOUSE OF REPRESENTATIVES ations two decades ago, I pressed for sub- tisan consensus. International negotiations stantially higher military spending than the Monday, February 10, 1997 were begun on this agreement during the nation’s political leadership was willing to Mr. RILEY. Mr. Speaker, I rise today in sup- Reagan administration. The complex negotia- grant. After retiring from the Navy, I helped port of the Balanced Budget Amendment. tions were continued and then completed dur- lead the opposition to the SALT II treaty be- ing the Bush administration. It was the Clinton cause I was convinced it would give the So- For too many years Congress has made viet Union a strategic advantage. broken promises and halfhearted attempts to administration which conducted the final re- view of the agreement and then submitted the Now the Senate is considering whether to balance the Federal budget. With a national approve the Chemical Weapons Convention. debt in excess of $5 trillion, we cannot wait completed agreement to the Senate for ratifi- This is a worldwide treaty, negotiated by the another day. cation, and completed final drafting of the im- Reagan administration and signed by the I am committed to enacting a Balanced plementing legislation which it then submitted Bush administration. It bans the develop- Budget Amendment for the sake of our chil- to the House and Senate for adoption. ment, production, possession, transfer and Mr. Speaker, the convention and the imple- dren and their future. use of chemical weapons. Senate opposition menting legislation have been before the Con- to ratification is led by some with whom I My message is simple, the Federal Govern- gress now for almost 4 years. The time has often agree. But in this case, I believe they ment must learn to exercise the same fiscal come for ratification of the agreement and the do a grave disservice to America’s men and restraints that families and businesses operate adoption of legislation to implement it. It is im- women in uniform. under each and every day. To a Third World leader indifferent to the portant, Mr. Speaker, that we move to com- Mr. Speaker, the Balanced Budget Amend- health of his own troops and seeking to plete this important international convention. ment is the only way to guarantee that the cause large-scale pain and death for its own The international agreement and the imple- Federal deficit will continue on a downward sake, chemical weapons have a certain at- menting legislation were worked out with the path to zero. traction. They don’t require the advanced strong support and in close consultation with technology needed to build nuclear weapons. The real victor in the balanced budget de- chemical manufacturers in the United States. Nor do they require the educated populace bate is the American family. A balanced budg- The industry understands that it has a very needed to create a modern conventional et would result in an enormous savings for strong interest in the adoption of the conven- military. But they cannot give an inferior working Americans. tion and the implementing legislation. force a war-winning capability. In the Per- A balanced budget is not about numbers, its Mr. Speaker, I urge our colleagues in the sian Gulf war, the threat of our uncompro- about people and families. Most importantly, mising retaliation with conventional weap- other body to act responsibly, to move quickly ons deterred Saddam Hussein from using his its about our moral obligation to stop robbing and decisively to ratify this important agree- future generations of the opportunities and chemical arsenal against us. ment, and I urge my colleagues in this House Next time, our adversary may be more ber- prosperity they deserve. to move quickly to adopt the implementing leg- serk than Saddam, and deterrence may fail. It is irresponsible for us to keep passing our islation. The requisite number of countries If that happens, our retaliation will be deci- burdens onto our children. The time has come have already ratified the Chemical Weapons sive, devastating—and no help to the young for Congress to represent the will of the peo- ConventionÐit will go into effect with or with- American men and women coming home ple and take responsibility for balancing our out the participation of the United States in dead or bearing grievous chemical injuries. What will help is a treaty removing huge Federal budget. April of this years. As President Clinton said in I urge my colleagues to support enactment quantities of chemical weapons that could his excellent State of the Union Address ear- otherwise be used against us. of the Balanced Budget Amendment. lier this week, it is essential that the United Militarily, this treaty will make us strong- f States ratify this agreement before it goes into er. During the Bush administration, our na- effect so that we will be full and active partici- tion’s military and political leadership de- THE PRESIDENT IS CORRECT—NOW pants in establishing the international system cided to retire our chemical weapons. This IS THE TIME TO APPROVE THE that will be responsible for enforcing the con- wise move was not made because of treaties. CHEMICAL WEAPONS CONVEN- vention. Rather, it was based on the fact that chemi- TION It is unfortunate when politics gets in the cal weapons are not useful for us. Politically and diplomatically, the barriers way of good policy, and I fear that this may be against their use by a First World country HON. TOM LANTOS happening in the other body. There is broad are massive. Militarily, they are risky and OF CALIFORNIA bipartisan support and broad expert agree- unpredictable to use, difficult and dangerous IN THE HOUSE OF REPRESENTATIVES ment upon the merits of this agreement. In to store. They serve no purpose that can’t be this regard, I call to the attention of my col- met by our overwhelming conventional Monday, February 10, 1997 leagues an opinion article on the Chemical forces. Mr. LANTOS. Mr. Speaker, for at least two Weapons Convention that appeared in the So the United States has no deployed decades, Republican and Democratic adminis- Washington Post, January 6, 1997 by retired chemical weapons today and will have none trations have worked to develop an inter- Adm. Elmo Zumwalt, Jr., the former Chief of in the future. But the same is not true of our national convention that will ban the produc- potential adversaries. More than a score of Naval Operations, 1970±74. Mr. Speaker I ask nations now seeks or possesses chemical tion of chemical weapons and establish an that Admiral Zumwalt's article be placed in the weapons. Some are rogue states with which international control regime to make it more RECORD, and I urge my colleagues to give it we may some day clash. difficult to produce these horrible weapons of careful and thoughtful attention. Admiral This treaty is entirely about eliminating mass destruction. Zumwalt, who has always had the security in- other people’s weapons—weapons that may Shortly after I became the chairman of the terests of the United States as the highest pri- some day be used against Americans. For the Subcommittee on International security, Inter- ority, makes an exceptionally strong case for American military, U.S. ratification of the national Organizations and Human Rights of quick approval of the convention. Chemical Weapons Convention is high gain and low or no pain. In that light, I find it as- the House Committee on Foreign Affairs in [From the Washington Post, Jan. 6, 1997] tonishing that any American opposes ratifi- early 1993, President Clinton and Secretary of A NEEDLESS RISK FOR U.S. TROOPS cation. State Christopher submitted the Chemical (By E.R. Zumwalt, Jr.) Opponents argue that the treaty isn’t per- Weapons Convention to the Senate for ratifi- It has been more than 80 years since poison fect: Verification isn’t absolute, forms must cation. Since legislation to implement the con- gas was first used in modern warfare—in be filled out, not every nation will join at

∑ 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. E192 CONGRESSIONAL RECORD — Extensions of Remarks February 10, 1997 first and so forth. This is unpersuasive. Colombia. The helicopters were provided to RECOGNIZING HOLMES REGIONAL Nothing in the real world is perfect. If the the police only after endless prodding and re- MEDICAL CENTER AS RECIPIENT U.S. Navy had refused to buy any weapon un- quests by myself and Representative DAN OF 1997 NOVA AWARD less it worked perfectly every time, we would have bought nothing and now would be dis- BURTON. We have long been concerned that armed. The question is not how this treaty the administration was neglecting our allies HON. DAVE WELDON compares with perfection. The question is like the DANTI in the war on drugs in Colom- OF FLORIDA not how this treaty compares with perfec- bia. IN THE HOUSE OF REPRESENTATIVES tion. The question is how U.S. ratification I was extremely proud to have one of these Monday, February 10, 1997 compares with its absence. helicopters named Big Ben by the Colombian If we refuse to ratify, some governments police. I am sure Mr. BURTON is also equally Mr. WELDON of Florida. Mr. Speaker, I rise will use our refusal as an excuse to keep today to recognize Holmes Regional Medical their chemical weapons. Worldwide avail- as proud of the chopper named Dangerous ability of chemical weapons will be higher, Dan by the Colombian National Police for his Center which recently received the American and we will know less about other countries’ efforts in helping the DANTI take the law en- Hospital Association's prestigious NOVA chemical activities. The diplomatic credibil- forcement fight to the drug traffickers at its award on January 27, 1997. Holmes Regional ity of our threat of retaliation against any- very source, before this scourge hits our Medical Center is very deserving of this great one who uses chemical weapons on our streets and helps destroy our youth and com- honor for its strong commitment to providing troops will be undermined by our lack of munities. quality health care to needy residents in ‘‘clean hands.’’ At the bottom line, our fail- Brevard County, FL. Through its HOPE pro- ure to ratify will substantially increase the These courageous police officers who dealt a severe blow to the drug trade in that raid not gram, Holmes serves the needy in our com- risk of a chemical attack against American munity whose medical needs might otherwise service personnel. long ago in southeast Colombia, and their If such attack occurs, the news reports of many other operations and eradication efforts, go untreated. HOPE serves as a model pro- its victims in our military hospitals will of are constantly under fire from better armed gram for hospitals across the United States. Holmes is one of only five recipients across course produce rapid ratification of the trea- traffickers on these missions. They have lost ty and rapid replacement of senators who en- the United States and the only recipient from 3,500 police officers in the last 10 years in our abled the horror by opposing ratification. the State of Florida that received this year's common struggle against drugs and the drug But for the victims, it will be too late. NOVA award. Those who have dedicated trade. Every man and woman who puts on a U.S. themselves to ensuring HOPE's success de- military uniform faces possible injury or We must continue our efforts to support death in the national interest. They don’t serve this honor for their commitment to in- these dedicated, courageous police officers creasing community health, expanding serv- complain; risk is part of their job descrip- with our helicopters, miniguns, spare parts and tion. But it is also part of the job description ices, managing limited resources, and building of every U.S. senator to see that this risk other necessary equipment to do the job. To- community trust among the residents of not be increased unnecessarily. gether, we must rid both of our nations of Brevard County, FL. f those who would traffick in illicit drugs, which HOPE's medical expertise and compas- poison not only our youth, but our democratic sionate care are commendable. Their concern MAKING PROGRESS ON THE WAR institutions and very way of life. for and commitment to the welfare of the most ON DRUGS ABROAD needy in our community is apparent in their f focus on health, outreach, prevention, and education. This is especially evident in HON. BENJAMIN A. GILMAN GUATEMALA PEACE OF NEW YORK HOPE's practice of providing free medical IN THE HOUSE OF REPRESENTATIVES treatment to those without health insurance, Monday, February 10, 1997 HON. ELTON GALLEGLY Medicare, or other health care coverage. In addition to serving more than 5,000 adults a OF CALIFORNIA Mr. GILMAN. Mr. Speaker, late last month, year, HOPE meets the needs of over 500 chil- the dedicated and courageous Colombian Na- IN THE HOUSE OF REPRESENTATIVES dren on a daily basis. This is highly commend- tional Police elite antidrug unit DANTI raided a Monday, February 10, 1997 able and should be an example to all. major cocaine processing laboratory in south- As a physician who has treated some of east Colombia. They made a startling find on Mr. GALLEGLY. Mr. Speaker, today I am in- these same patient needs in our community, I that raid by uncovering a cocaine processing troducing legislation which congratulates the know HOPE's unique approach in bringing laboratory capable of producing more than 1 government and people of Guatemala for the various community agencies together to estab- ton a day of deadly cocaine. Not many years extraordinary peace accords signed recently lish a multi-agency program for children with ago, we used to talk in terms of kilos of co- between the Government and the Unidad disabilities has had a powerful impact on our caine seized, now we are talking in terms of Revolucionaria National Guatemala [URNG]. community. The program teaches and encour- tons per day. The drug threat grows more se- With the signing of the accords on Decem- ages intervention, and provides support to par- rious and challenging for all of us, both here ber 29, 1996, 36 years of civil strife ended and ents with children with disabilities by providing and abroad. Guatemala embarked on a new era of rec- them with expert knowledge and services from Nearly 8 tons of cocaine already processed onciliation, reconstruction, democratization, community specialists. This is just one exam- and ready to be shipped to our streets and and economic development. ple of how HOPE is serving our community. communities was also seized that day. The The peace process, which culminated in the HOPE's commitment to serving and provid- destruction of the lab was a major blow to the ing quality, low-cost, compassionate care to drug cartels and their narco guerrilla allies in accords, was a comprehensive effort involving all sectors of the country. The development of the needy is inspiring. We, in Brevard County, Colombia. Now, fewer American kids will be are grateful for the way in which Holmes Re- exposed to these drugs, due to high prices the actual agreements took 11 years of tough negotiation and include some far reaching re- gional Medical Center's HOPE program has and less available cocaine from this police ac- served the people of our county. HOPE has tion in southeast Colombia last month. We all forms of the political, economic, social, and ju- dicial system in Guatemala. brought true hope to many of our friends and owe them a debt of gratitude. neighbors. Lasting peace in Guatemala is not only ben- On January 31, 1997, the Miami Herald re- f ported the commanding Colombian National eficial to the people of that nation, but it is in Police General's account of this impressive the best interest of all of the nations of the COMMEMORATING THE 50TH WED- and historymaking major counternarcotics raid hemisphere, including the United States. DING ANNIVERSARY OF MR. AND that, ``Police swooping into the complex My resolution congratulates the government MRS. ROBERT KELLY aboard six helicopters and an aircraft over- of President Alvaro Arzu for his efforts in ne- heard drug traffickers frantically calling via gotiating a final end to the hostilities. It recog- HON. GLENN POSHARD two-way radios for leftist guerrillas to shoot nizes the commitment of the UNRG to end the OF ILLINOIS down the mosquitos.'' warfare and to resolve their differences within IN THE HOUSE OF REPRESENTATIVES Those mosquitos the guerrillas wanted shot the political arena. And, it commends all of the down were excess U.S. Army Huey heli- people of Guatemala for their strong commit- Monday, February 10, 1997 copters, several of which had recently been ment to democratic principles and social jus- Mr. POSHARD. Mr. Speaker, I rise today to delivered by the United States Government to tice for all. honor a truly remarkable accomplishment. On February 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E193 January 29 Robert and Mildred Kelly cele- ment. In May 1995, Dow Corning reversed its Sixth, prohibits the donation of blood and or- brated their golden wedding anniversary. It is position and filed bankruptcy under chapter 11 gans by individuals with breast implants. with great respect and admiration that I offer of the U.S. Bankruptcy Code. As with any faulty product that threatens the them my congratulations on reaching this glo- Dow Chemical, the parent company of Dow health or safety of consumers, the manufac- rious milestone. Corning, may be held directly liable for breast turer should issue a recall of the product. The It seems that Robert and Mildred under- implant claims under a recent ruling by a Fed- fact is, per woman, the cost of explanation stand devotion to one another, as well as, to eral district court. In May 1995, Dow Chemical provided for under H.R. 366 is generally far family, friends and community. They are a filed a cross-claim against Dow Corning. One less than the settlement award. If you support shining example of all that is good in life. For week later Dow CorningÐwhich is 50 percent a fair and equitable solution for your constitu- 55 years, Robert worked as a union carpenter owned by Dow Chemical and has interlocking ents, without bankrupting the manufacturers, I boards of directors with Dow ChemicalÐfiled and is highly respected in his field. Mildred, urge you to cosponsor H.R. 366. Mimi to those close to her, is truly an angel. for bankruptcy. Dow Chemical then claimed One is always delighted to see the two of that, under an April 19, 1995 Supreme Court f them on one's doorstep, know that Mimi is de- ruling, all litigation against them should be put livering one of her special homemade angel- on hold because of their cross-claim. I find it MUSIC TO LIVE BY food cakes with her buttercream frosting and hard to believe that Dow Chemical, as the par- other homemade goodies. Their thoughtful ent company of Dow Corning, was not aware acts of kindness are unlimited and they are al- of Dow Corning's pending bankruptcy filing HON. DENNIS J. KUCINICH when they filed their cross-claim. ways at the side of a family member, friend or OF OHIO neighbor in need of assistance. I believe that there is strong evidence that I recall the day I met these fine folks. I was Dow Chemical and Dow Corning colluded to IN THE HOUSE OF REPRESENTATIVES manipulate the legal system to avoid the bulk at a local shopping center where I had just Thursday, February 6, 1997 purchased a large item. I was in the parking of their liability in the $4.2 billion settlement. In lot struggling with the item as I was trying to addition, there is documented evidence that Mr. KUCINICH. Mr. Speaker, I rise to honor fit it into the trunk of my car. Robert and Mil- Dow Chemical suppressed information they Frankie Yankovic, America's Polka King, the dred noticed my situation and offered to help. had in their possession from as early as the Elvis of ethnic musical expression, ambas- Robert and Mildred graciously loaded the item 1940's that silicone posed significant health sador of the great American melting pot, pro- into their trunk and followed me to my home, hazards to humans. Despite knowledge of this lific composer, band leader, performer, and some 15 miles out of their way. With smiles information, Dow Chemical and its subsidiary, Clevelander. Dow Corning, sold hundreds of thousands of on their faces they said they were glad to be Frankie Yankovic was born to Slovene im- able to help me out. This gesture of kindness silicone breast implants to women. On October 10, 1995, the $4.23 billion glob- migrants in 1915. In their hardscrabble work- is just one example of what makes this couple al breast implant settlement collapsed, closing ing lives, music expressed their hope and joy. so very special. the door on 440,000 women who desperately Frankie began by playing accompaniment to Mr. Speaker, Robert and Mildred Kelly's need medical treatment. Of those 440,000 the boarders in his family home. dedicated service to each other, to their fam- women who qualified for funding under the He was an obvious talent and was instantly ily, and to their fellow citizens has set a tre- settlement, an estimated 75 percent of the loved by all who heard his music. At age 23, mendous example for the Nation. I wish them women still have ruptured or leaking implants Frankie had his first band and his first hit many more happy years of marriage and it is in their bodies with no financial means to pay album. He began a lifetime of touring. Fre- my great pleasure to represent them in the for surgical explanation. While a few women quently, he made 300 appearances per year. U.S. Congress. will be fortunate enough to win exorbitant law Over the years, his bands have played in f suits, as evidenced by the recent $10 billion every major concert hall in America. BREAST IMPLANT Nevada case, this practice will eventually Frankie Yankovic heralded many polka ACCOUNTABILITY ACT bankrupt the manufacturers, leaving hundreds tunes known widely to American listeners. In of thousands of women with no recourse. 1948, Frankie recorded ``Just Because'' with HON. JAMES A. TRAFICANT, JR. As a result, I have introduced H.R. 366, the Columbia records. The tune was a break- Breast Implant Accountability Act, to provide a through release, attracting both a polka and OF OHIO fair solution for all parties involved, and I invite IN THE HOUSE OF REPRESENTATIVES popular music audience. ``Just Because'' sold you to join me by cosponsoring the legislation. 1 million copies. In 1949, Frankie released the Monday, February 10, 1997 The Breast Implant Accountability Act does ``Blue Skirt Waltz,'' which attained the coveted the following: Mr. TRAFICANT. Mr. Speaker, in April gold status even more quickly. First, requires silicone breast implant manu- 1994, an immense multibillion dollar class ac- facturers to notify breast implant recipients Frankie was also a great mentor. He discov- tion suit was filed against the silicone breast that funds will be provided for the surgical re- ered and cultivated the talent of the famous implant manufacturers, possibly the largest in moval of breast implants which were im- virtuoso, Joey Miskulin. American history. Since the 1980s, about planted before January 1, 1994. Patient par- Frankie received many honors in his life- 400,000 cases have been filed in Federal ticipation is completely voluntary; explanation time. He was inducted into the International court against 40 makers of breast implants will be performed only at the request of the in- Polka Association Polka Hall of Fame as well and their components. Thousands of cases dividual. as the Cleveland Style Polka Hall of Fame. In have been filed in State courts as well. Second, allows the notice recipient to select 1986, Frankie received the first Grammy A $4.2 billion compensation fund was estab- the physician and hospital or surgery center awarded for polka music. lished by Dow Corning, Baxter Healthcare for the explanation procedure. The provision Beyond being the consummate performer, Corp., Bristol Myers, and several other cor- would prevent manufacturers from forcing Frankie was also a lifetime union member of porations. The settlement distributes com- women to travel great distances or to one Local 4, American Federation of Musicians, pensation money to several designated funds: central location for the explanation. A general compensation program, a medical Third, ensures that the explanted breast im- and a patriot. Married and the father of two, diagnostic fund to pay unreimbursed costs of plants become the property of the individual he nevertheless voluntarily enlisted in the U.S. exams for women with implants, and an expla- from which it was removed. The implant shall infantry in World War II and fought at the Bat- nation fund to cover unreimbursed costs asso- be given to the individual in an appropriate tle of the Bulge. There, under extreme weath- ciated with removal of implants. There is also condition. er conditions, Frankie contracted gangrene in a rupture fund to compensate women whose Fourth, requires further research on the his limbs. Against the advice of doctors, implants have broken as well as a fund to physiological, neurological, and immunological Frankie resisted amputation. With a great deal cover administration and attorney's fees. effects of silicone on the human body. Individ- of courage and persistence, Frankie brought At the time the settlement was negotiated, uals in the class action suit shall be included his fingers and hands back to life. How fortu- Dow Corning denied rumors of a bankruptcy in the research, should they volunteer. nate we all are. filing. The women coplaintiffs agreed to by- Fifth, requires all future implant candidates I commend Frankie Yankovic for his skill, pass the court system and entered into the to be informed of the health risks of implants his energy, and his ability to make people settlement in good faith, under the impression and to sign a consent form stating that she happy through the sounds and rhythms of that Dow Corning would fully honor the agree- has read and understands the risks involved. polka. E194 CONGRESSIONAL RECORD — Extensions of Remarks February 10, 1997 A SALUTE TO JAMES W. est of their patients. When Mr. McKinney trag- the drug could lose the privilege of writing GALLAGHER ically died in 1987, depriving this Congress of prescriptions, be excluded from Medicare and one of its most valuable Members, the bill Medicaid reimbursement, and even be pros- ecuted for a federal crime. General Barry R. HON. CURT WELDON lapsed. A few years ago, at the urging of McCaffrey, director of the Office of National OF PENNSYLVANIA some people interested in this subject, I re- Drug Control Policy, reiterated his agency’s IN THE HOUSE OF REPRESENTATIVES introduced the bill, essentially the legislation position that marijuana is a dangerous drug which Mr. McKinney had initiated. While no and implied that voters in Arizona and Cali- Monday, February 10, 1997 action was taken on that bill in the previous fornia had been duped into voting for these Mr. WELDON of Pennsylvania. Mr. Speaker, Congress, and while some of the prior co- propositions. He indicated that it is always possible to study the effects of any drug, in- I rise today to pay tribute to an outstanding sponsors had in the interim changed their cluding marijuana, but that the use of mari- American, James W. Gallagher. A resident of mind on the billÐfor example, Mr. GINGRICH of juana by seriously ill patients would require, Newtown Square, PA, I am proud to call this GeorgiaÐI will be reintroducing the bill this at the least, scientifically valid research. fine man a resident of the Seventh Congres- year. In the interim, voters in the States of Ari- I believe that a federal policy that pro- sional District. zona and California have given their endorse- hibits physicians from alleviating suffering A tireless servant of his local community ment by solid majorities to this principle. I by prescribing marijuana for seriously ill pa- tients is misguided, heavy-handed, and inhu- and the entire Nation, Jim served his country hope we will in this Congress seriously debate mane. Marijuana may have long-term ad- as a U.S. marine in World War II. Beyond his this issue. I have been disappointed by the verse effects and its use may presage serious military service, Jim continued his service to failure of the Clinton administration to be more addictions, but neither long-term side effects the public. He has been an active member of forthcoming, but I have been encouraged by nor addiction is a relevant issue in such pa- the American Legion for over two decades, the increasing interest in debating this subject tients. It is also hypocritical to forbid physi- serving in numerous local and State leader- seriously among many members in the medi- cians to prescribe marijuana while permit- ship posts. cal profession. ting them to use morphine and meperidine to relieve extreme dyspnea and pain. With both And each Christmas, Jim led a local Toys Recently, one of the leading outlets for in- these drugs the difference between the dose for Tots effort for the Marine Corps. This im- formed opinion about medicine, the New Eng- that relieves symptoms and the dose that portant program provides both the toys and land Journal of Medicine, carried an editorial hastens death is very narrow; by contrast, the means for the area's poor to give their by Dr. Jerome P. Kassirer, editor of the Jour- there is no risk of death from smoking mari- children a more joyous holiday season. For nal, on this subject. His titleÐFederal Foolish- juana. To demand evidence of therapeutic ef- these and other charitable works, Jim is well- ness and MarijuanaÐaccurately sums up his ficacy is equally hypocritical. The noxious known and respected throughout the commu- point of view. sensations that patients experience are ex- tremely difficult to quantity in controlled nity. Dr. Kassirer says in this editorial that he be- experiments. What really counts for a ther- I rise today to mark a special moment in lieves ``that a federal policy that prohibits phy- apy with this kind of safety margin is wheth- Jim's life, a passing of the torch, if you will. sicians from alleviating suffering by prescribing er a seriously ill patient feels relief as a re- This past Christmas Day, on the 220th Anni- marijuana for seriously ill patients is mis- sult of the intervention, not whether a con- versary of George Washington's crossing of guided, heavy handed and inhumane.'' I trolled trail ‘‘proves’’ its efficacy. the Delaware River during the American Revo- should note that it is now in direct conflict with Paradoxically, dronabinol, a drug that con- lution, Jim portrayed General Washington his the wishes of the people of Arizona and Cali- tains one of the active ingredients in mari- juana (tetra-hydrocannabinol), has been 12th and final year in Pennsylvania's annual fornia as expressed in referenda. Indeed, I available by prescription for more than a reenactment of the famous crossing. await the support for my bill that I assume will decade. But it is difficult to titrate the More than 9,000 individuals were on hand be forthcoming from my conservative col- therapeutic dose of this drug, and it is not as Jim surveyed his troops for his final time, leagues who are great supporters of States widely prescribed. By contrast, smoking reciting ``These are the times that try men's rights, and who in particular believe that when marijuana produces a rapid increase in the souls'' from Thomas Paine's ``The Crisis,'' a the public has expressed its view in referenda, blood level of the active ingredients and is work credited with boosting the morale and Federal officials should acknowledge the valid- thus more likely to be therapeutic. Needless to say, new drugs such as those that inhibit courage of General Washington's small army. ity of that point of view. the nausea associated with chemotherapy And, quite fittingly, Jim delivered Washington's Mr. Speaker, in the hope that we may again may well be more beneficial than smoking farewell address upon his retirement from the be able to change your mind so that you go marijuana, but their comparative efficacy Army, saying to his troops ``I now take my back to your position of the 1980's in support has never been studied. leave of you.'' of this proposition, and in the interest of fur- Whatever their reasons, federal officials Jim will be remembered for years to come thering debate on this matter, I ask that the are out of step with the public. Dozens of for his memorable portrayal of George Wash- thoughtful editorial by Dr. Kassirer be printed states have passed laws that ease restric- tions on the prescribing of marijuana by ington, not just in the annual reenactment of here. physicians, and polls consistently show that the Delaware River crossing, but also in pa- [From the New England Journal of Medicine the public favors the use of marijuana for rades and even in our Nation's Capitol Build- Jan. 30, 1997] such purposes. [1] Federal authorities should ing. FEDERAL FOOLISHNESS AND MARIJUANA rescind their prohibition of the medicinal But even more importantly, Jim will be re- (By Jerome P. Kassirer, M.D.) use of marijuana for seriously ill patients membered for embodying the ideals of George and allow physicians to decide which pa- The advanced stages of many illnesses and tients to treat. The government should Washington through his dedication and service their treatments are often accompanied by to the country and the entire community. His change marijuana’s status from that of a intractable nausea, vomiting, or pain. Thou- Schedule 1 drug (considered to be potentially work and effort will not be forgotten. sands of patients with cancer, AIDS, and addictive and with no current medical use) Mr. Speaker, I ask my colleagues to join me other diseases report they have obtained to that of a Schedule 2 drug (potentially ad- in honoring James Gallagher, a true American. striking relief from these devastating symp- dictive but with some accepted medical use) f toms by smoking marijuana. (1) The allevi- and regulate it accordingly. To ensure its ation of distress can be striking that some proper distribution and use, the government NEW ENGLAND JOURNAL OF MEDI- patients and their families have been willing could declare itself the only agency sanc- CINE SUPPORTS MEDICINAL USE to risk a jail term to obtain or grow the tioned to provide the marijuana. I believe OF MARIJUANA marijuana. that such a change in policy would have no Despite the desperation of these patients, adverse effects. The argument that it would within weeks after voters in Arizona and be a signal to the young that ‘‘marijuana is HON. BARNEY FRANK California approved propositions allowing OK’’ is, I believe, specious. OF MASSACHUSETTS physicians in their states to prescribe mari- This proposal is not new. In 1986, after juana for medical indications, federal offi- IN THE HOUSE OF REPRESENTATIVES years of legal wrangling, the Drug Enforce- cials, including the President, the secretary ment Administration (DEA) held extensive Monday, February 10, 1997 of Health and Human Services, and the at- hearings on the transfer of marijuana to Mr. FRANK of Massachusetts. Mr. Speaker, torney general sprang into action. At a news Schedule 2. In 1988, the DEA’s own adminis- conference, Secretary Donna E. Shalala gave when I came to Congress in the early 1980's, trative-law judge concluded, ‘‘It would be un- an organ recital of the parts of the body that reasonable, arbitrary, and capricious for our late colleague Stewart McKinney of Con- she asserted could be harmed by marijuana DEA to continue to stand between those suf- necticut was the sponsor of a bill to allow doc- and warned of the evils of its spreading use. ferers and the benefits of this substance in tors to prescribe marijuana for medical pur- Attorney General Janet Reno announced light of the evidence in this record.’’[1] None- poses when they found this to be in the inter- that physicians in any state who prescribed theless, the DEA overruled the judge’s order February 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E195 to transfer marijuana to Schedule 2, and in Other employees and customers overheard THE RETIREMENT OF REAR ADM. 1992 it issued a final rejection of all requests our conversation and joined in. ‘‘Rev. LUTHER F. SCHRIEFER, USN for reclassification.[2] Packnett? He married me,’’ one man called Some physicians will have the courage to out. challenge the continued proscription of ‘‘He baptized me,’’ yelled another. HON. THOMAS E. PETRI marijuana for the sick. Eventually, their ac- Bobo couldn’t say enough about him.‘‘He OF WISCONSIN tions will force the courts to adjudicate be- helped my granddaughter,’’ she said. ‘‘He IN THE HOUSE OF REPRESENTATIVES tween the rights of those at death’s door and carried her to church every Sunday, and he Monday, February 10, 1997 the absolute power of bureaucrats whose de- had her involved in everything.’’ cisions are based more on reflexive ideology Packnett loved young people. ‘‘He’d always Mr. PETRI. Mr. Speaker, it has come to my and political correctness than on compas- make sure the youth could take part in the attention that Rear Adm. Luther F. Schriefer, sion. National Baptist Convention every year,’’ U.S. Navy, retired on February 1, 1997, after REFERENCES Tyler said. nearly 37 years of honorable and distin- 1. Young FL. Opinion and recommended ‘‘That’s right,’’ added Bobo, ‘‘my grand- guished service. ruling, marijuana rescheduling petition. De- daughter got to go places she never could Rear Admiral Schriefer served as the Divi- partment of Justice, Drug Enforcement Ad- have gone.’’ ‘‘San Francisco, Washington, D.C., At- sion Director for the Navy's Environmental ministration, Docket 86–22. Washington, Protection, Safety and Occupational Health Di- D.C.: Drug Enforcement Administration, lanta, wherever the convention was held, he September 6, 1988. always made sure that young people could vision since November 1994. As the Navy's 2. Department of Justice, Drug Enforce- go,’’ Tyler said. ‘‘And then he made sure that senior environmentalist, he was responsible ment Administration, Marijuana scheduling they weren’t just running around when they for several key initiatives that have enabled petition: denial of petition: remand. (Docket got to those cities. They always had some the Navy to operate in harmony with the natu- No. 86–22.) Fed Regist 1992;5759:10489–508. kind of class; and they went to places like ral environment by achieving safe and envi- Copyright 1997, Massachusetts Medical So- churches and historical sites.’’ ronmentally sound ships, aircraft, and installa- ciety. Some spoke of programs he had set up tions. He has testified before congressional f through the church, including one that pro- vided clothes and lunch for the homeless committees to ensure that members and their TRIBUTE TO REV. RONALD every Tuesday, and a ‘‘Rites of Passage’’ Af- staffs understand the Navy's impact on the en- PACKNETT rican heritage program. Others talked about vironment, as well as the effects of environ- the hours he spent visiting sick church mem- mental laws and regulations on the operations bers at hospitals and in their homes. of our Nation's Navy. HON. WILLIAM (BILL) CLAY In there’s one thing a journalist learns Prior to his assignment as the senior envi- OF MISSOURI early, it’s that there are phonies and there ronmentalist, he was the Director, Inter-Amer- IN THE HOUSE OF REPRESENTATIVES are real articles. ican Region, International Security Affairs, Of- Packnett was the real article. Monday, February 10, 1997 While he often rubbed shoulders with may- fice of the Secretary of Defense. He was the Mr. CLAY. Mr. Speaker, I stand today to ors and congressmen and powerful people, he director of the Caribbean task force during the pay tribute to my constituent and friend, Rev- was clearly as much at ease with average 1994 Haitian and Cuban crises. Prior to his erend Ronald Packnett, who died on Decem- people and willing to help anyone. Like the assignment for the Secretary of Defense, he ber 17, 1996. day the restaurant was shorthanded. was the Commander at the Naval Base in San Packnett took off his coat, went to the Rev. Packnett was an extraordinary commu- Diego. kitchen and cheerfully pitched in to wash Rear Admiral Schriefer was assigned to nu- nity leader. He was a vital pillar of the St. dishes. Louis community. He pastored a prominent merous other commands over the course of At 5 feet, 6 inches, Packnett wasn’t tall in his distinguished career, including Com- spiritual institution, Central Baptist Church in stature. But he was tall in the minds of those St. Louis, that has a progressive and active whose lives he touched. And he wasn’t afraid mander, Anti-Submarine Warfare Wing, U.S. congregation. Under Rev. Packnett's leader- to speak out, even when he knew he’d be Pacific Fleet at Naval Air Station North Island ship they become important activists in causes sharply criticized. and Director Tactical Air, Surface, Electronic that affected the broader community. Packnett took a great deal of heat last Warfare Research and Development (OP± I want to share with our colleagues an edi- year from some blacks when he endorsed 982). He was selected for two commands at Francis Slay, who is white for president of sea: the amphibious assault ship USS Belleau torial that tells of the many lives Rev. Ronald the city’s Board of Aldermen over his black Packnett touched both as a spiritual leader Wood (LHA 3) and the amphibious cargo ship opponent, Alderman Velma Jean Bailey. The USS Mobile (LKA 115). He also held three air and friend of the community. This enlightening criticism didn’t bother him. ‘‘What’s right is story entitled, ``Packnett Touched Many Lives, right,’’ he said then. commands: the Air Anti-Submarine Wing 1 at Stood Up For Important Causes'' was written Others didn’t care for him four years ago Cecil Field, FL, Carrier Wing 3 onboard the by Gregory Freeman and appeared in the St. when he made a stink after taking his two USS Saratoga (CV±60) and Air Squadron VS± Louis Post-Dispatch on December 20, 1996. children to Union Station to see Santa and 22 aboard the aircraft carrier USS Intrepid (CV discovering that they had no black Santas. [From the St. Louis (MO) Post Dispatch, 11). He served his country as an officer at the He called the company that supplies Santa Dec. 20, 1996] VRC±50 Detachment at Danang Air Base, Re- to malls nationwide and learned the com- public of South Vietnam, and VS±28 on board PACKNETT TOUCHED MANY LIVES, STOOD UP pany had supplied no black Santas here. FOR IMPORTANT CAUSES the USS Independence (CV±61). He faxed letters to marketing directors at Rear Admiral Schriefer has enjoyed several (By Gregory Freeman) seven malls and a department store on behalf proud moments in his service to our country, There’s A void today at Del Monico’s of the St. Louis Clergy Coalition, a group of Diner. The Rev. Ronald Packnett, pastor of black ministers that represents various de- including several exhilarating moments as a Central Baptist Church, was a fixture at the nominations. The letter said, in effect, we junior officer flying for our Navy resolving tech- restaurant. He could be found at the res- spend money in your stores and we want a nical challenges associated with his aircraft's taurant at Delmar Boulevard and Euclid Av- black Santa. Two of the malls told him they performance. He retires as the Navy's ``Gray enue almost every morning, chowing down would hire a black Santa right away. Eagle,'' a term reserved for the senior aviator on one of their hearty pancakes-and-sausage Last year, a day before the Million Man in the Navy. breakfasts. And he had a passion for Del March, Packnett led more than 100 people in Rear Admiral Schriefer is a native of Osh- prayer at Central Baptist Church before they Monico’s fried chicken legs. kosh, WI. He graduated from the U.S. Naval Packnett, who died Tuesday at 45 after a headed off to the event in Washington. After long illness, called restaurant matriarch Eva praying, he led the audience in song, delight- Academy in 1960 and was designated a naval Bodo his mother away from home. His moth- ing the crowd when he changed the words to aviator in October 1961. He studied naval er lives in Chicago. a spiritual from ‘‘Ain’t gonna let nobody communications management at the U.S. The Rev. Gary Tyler was busy working at turn me ’round’’ to ‘‘Ain’t gonna let Newt Naval Postgraduate School in Monterey, CA. Del Monico’s on Tuesday when he learned of Gingrich turn us ’round’’. He also attended the Naval War College in Packnett’s death. He said Packnett was his The members of his church remember him Newport, RI, and graduated in June 1971. He mentor. ‘‘I was an associate pastor at Great- best for his work at Central Baptist. ‘‘He was was awarded a master of science degree in always helping people, doing for people, er Paradise.’’ Tyler said, ‘‘Rev. Packnett international affairs from George Washington heard me preach and invited me to his teaching people right from wrong,’’ Bobo church to speak. Before I knew it, I was said. University. He is married to the former Sandra speaking there all the time.’’ ‘‘We’ll not get any more pastors like that,’’ N. Swanson of Detroit, MI. The Schriefers Packnett got Tyler, 31, the training he Bobo said adding, ‘‘If they do, it’ll probably have four children: Kim, Scott, Michael, and needed, and installed him at Central Baptist. be long after I’m not around anymore.’’ Kelly. E196 CONGRESSIONAL RECORD — Extensions of Remarks February 10, 1997 Mr. Speaker, I take this opportunity to pay the reformulated gasoline now consumed in time in order to keep them running efficiently, tribute to a superb naval officer, an outstand- the State. Recent studies have shown that the so too do our environmental strategies. ing gentleman, and a real leader, Rear Adm. expanded use of reformulated gasoline in Cali- [From the San Diego Union-Tribune, Jan. 16, Lou Schriefer. fornia has resulted in measurable and continu- 1997] f ing decreases in emissions and air pollution in NEW GASOLINE FORMULA IS FUELING AIR-POL- that region. I would like to include with this LUTION DECLINE—IT DRAMATICALLY CUTS H.R. 630—CLEANER-BURNING FUEL statement a recent article from the January SMOGGY DAY NUMBERS MEANS CLEANER AIR FOR CALI- 16, 1997 San Diego Union Tribune which (By Steve La Rue) FORNIA elaborates further on these air quality improve- San Diego County had fewer smoggy days ments. in 1996 than in any year since health stand- HON. BRIAN P. BILBRAY However, the overlapping applicability of the ards were set and air-pollution measurement began. Most of the credit is being given to a OF CALIFORNIA Federal and State reformulated gasoline regu- new blend of gasoline. IN THE HOUSE OF REPRESENTATIVES lations has reduced the ability to take advan- The air was unhealthy to breathe by state tage of the flexibility and public health benefits Monday, February 10, 1997 standards on 51 days last year at one or more provided by the more stringent California pro- of the county’s nine monitoring stations—a Mr. BILBRAY. Mr. Speaker, the quality of gram. Compliance with the Federal standard is sharp drop from the 96 smoggy days in 1995, the air we breathe is of great concern to all of still required, despite the fact that the Califor- 139 days in 1990, and the 151 smoggy days in us. Young and old, rich and poor, liberal or nia standard has been demonstrated to 1978, the year the California Clean Air Act conservative, we are all vulnerable to poor air achieve equal or superior air quality benefits. applied the state standards. quality. While we have seen great strides in H.R. 630 will streamline this unwieldy process, The pollutant involved is ozone, a color- less, odorless gas that can sting the throat the last decade in terms of improved air qual- and build upon the existing Clean Air Act to ity, it is incumbent upon us to work to ensure and eyes. It also can reduce lung capacity permit the more stringent California regula- temporarily or permanently, depending on that sound science lies at the foundation of tions to apply in lieu of the Federal standards, the exposure. any modifications or improvements to existing only if they will achieve equivalent or greater ‘‘We have had a dramatic reduction in the law. By the same token, when opportunities emission reductions. The EPA has already number of days over (health) standards, and exist to actually improve the service provided provided this determination in the form of a there was no dramatic meteorological dif- by our environmental and public health strate- final rulemaking for California reformulated ference in the two years,’’ said Richard Sommerville, county air pollution control gies, we have not only the right, but also the gasoline, which was published in the Federal responsibility to implement them, based on officer. Register on February 16, 1994. In that rule, ‘‘That implies that the big change that did that same common denominator of sound EPA drew the following conclusions: First, that occur was due to the introduction of refor- science. VOC and toxic emission reductions resulting mulated gasoline.’’ Such an opportunity now exists in California, from the California Phase II standards would County air quality violated federal health which has long been at the forefront of our na- be equal to or more stringent than the Federal standards, which are about 25 percent less tional efforts to improve air quality and reduce reformulated gasoline standards; second, that stringent than the state’s, only twice last ambient pollution levels. As a former member the content standards for oxygen and benzene year. That is the fewest federal violations of the California Air Resources Board [ARB], I since air quality monitoring began here in under the California Phase II standards would 1955, county officials said. am very proud of California's historic role in in practice be equivalent to the Federal con- By comparison, smog made the air this regard. I am pleased to be able to intro- tent standards; and third, that the California unhealthy to breathe on 12 days in 1995 under duce bipartisan legislation, H.R. 630, which Air Resources Board's compliance and en- the federal standard, 39 days in 1990 and 90 will further enhance the air quality of my State forcement program is sufficiently rigorous. days in 1978. It was also the first year on by building upon the progressive work already Additionally, the California standards have record that all of the county’s federal viola- done by the State of California, under the di- been approved by the EPA as part of Califor- tions were caused by smog migrating south rection of the Clean Air Act. nia's State Implementation Plan [SIP], and from Los Angeles and Orange counties. The Clean Air Act Amendments of 1990 di- The state’s refiners and service stations thus are federally enforceable. started selling the cleaner-burning fuel early rected the Environmental Protection Agency H.R. 630 has been carefully written to apply last spring to meet state specifications for a [EPA] to adopt a Federal reformulated gaso- exclusively to the State of California. As pre- fuel that produced fewer hydrocarbon and ni- line program for urban areas with the most se- scribed by section 211(c)(4)(6) of the Clean trogen emissions. Southern California’s rious smog problems. The 1990 amendments Air Act, a State which has received a waiver sunny summer and fall skies cook those required that Federal reformulated gasoline under section 209(b)(1) may ``at any time pre- emissions into a stew of pollutants, mostly contain various specified properties, and es- scribe and enforce, for the purpose of motor ozone. tablished limitations on the level of flexibility vehicle emission control, a control or prohibi- Scientists say this lower-level ozone pollu- that EPA could build into the program. Federal tion never rises 18 miles or higher to merge tion respecting any fuel or fuel additive.'' In with the ragged atmospheric ozone layer reformulated gasoline regulations were pro- order to receive a 209(b)(1) waiver, a State that shields the earth from ultra-violet radi- mulgated in early 1994, and became applica- must have adopted emissions standards for ation. ble in December of that year. In California, the new motor vehicles prior to March 30, 1996. Air quality also made dramatic gains last Federal regulations now apply in the greater Because California is the only State which has year in the South Coast Air Quality Manage- Los Angeles, San Diego, and Sacramento re- qualified for a waiver under section 209(b)(1), ment District, which includes Los Angeles gions. H.R. 630 is therefore applicable only to Cali- and Orange counties and parts of Riverside At the same time, the California Air Re- and San Bernardino counties. forniaÐno other State is eligible. As of the end of October, the end of the sources Board [CARB] was developing a com- This bipartisan bill is supported by the Cali- smog season, there had been seven Stage 1 prehensive clean fuels program. These regula- fornia Air Resources Board, and I am grateful smog alerts in the district, compared with 14 tions, which were adopted in 1991 and be- for the continued dialog and input I have re- in 1995, 23 in 1994, and 40 in 1992. came applicable in the spring of 1996, estab- ceived from colleagues, the State, industry, Such alerts are called when ozone levels lished the most stringent and comprehensive and several public health organizations, which are twice the federal health maximum. Dur- gasoline standards in the world. It includes has helped to further focus and clarify the in- ing the alerts, the public is advised to reduce specifications for eight different properties tent of the legislation. I believe that H.R. 630, strenuous activity. The last Stage 1 alert in San Diego County occurred in 1991. which affect emissions of toxic air pollutants while narrowly targeted, will help to further ac- Peak ozone levels during smog sieges in and ozone forming compounds. The State reg- complish the broader goals of the Clean Air 1996 were calculated to be 10 to 11 percent ulations also contain a predictive model which Act that we all share, which are to provide the less severe than expected in the San Fran- is based on analysis of a large number of ve- cleanest and healthiest air possible for the cisco Bay Area and the Sacramento area, hicle emission test studies. Refiners have the American people. I further believe that this bill said state Air Resources Board spokesman option of using this predictive model to can provide an example of how we ought to Allan Hirsch. produce reformulated gasoline, subject to an interpret and manage our environmental and ‘‘Much of the state showed improvements alternative set of specifications, that has been public health laws, so that they can be made in air quality in 1996, and cleaner burning gasoline was the main clean air measure shown by the model to achieve equivalent or more effective in terms of product, by being that was introduced last year, so we think it greater reductions in emissions than result kept as dynamic and flexible as possible in had a significant effect,’’ he said. from use of the Federal RFG. This model is terms of process. Just as the vehicles which ‘‘We are very confident that the same being utilized in California to produce much of we all drive need to be fine-tuned from time to thing occurred in San Diego County, too.’’ February 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E197 Jan Cortez, program director for the San LEGISLATION TO MOVE THE 4.3- last year we experienced a frustrating and Diego-Imperial County branch of the Amer- CENT GAS TAX INTO THE HIGH- costly detour on Interstate 90 after the bridge ican Lung Association, voiced concern that WAY TRUST FUND over the Grand River shifted about 2 inches. the drop in ozone pollution may cause people Fortunately, workers from the Ohio Depart- to overlook the danger of ultra-fine particu- HON. STEVE C. LaTOURETTE ment of Transportation worked tirelessly to re- late matter—from diesel exhaust and various OF OHIO pair what could have been a perilous situation, types of combustion—that the federal Envi- and tried to minimize the inconvenience to IN THE HOUSE OF REPRESENTATIVES ronmental Protection Agency is seeking to motorists. regulate. Monday, February 10, 1997 It seems to me that If Government has a ‘‘The report doesn’t even mention particu- Mr. LaTOURETTE. Mr. Speaker, today I am function it should be to make sure our Nation's late air pollution, so it is giving the public reintroducing legislation to move the 4.3-cent roads and bridges are as safe as humanly only part of the picture,’’ she said. The pub- gas tax from the general fund to the highway possible. When you put your children in your lic is still breathing particulate pollution, trust fund. car, you need to be assured that the bridge she said, and it contributes to asthma at- The 4.3-cent gas tax, which was enacted in you travel over won't crumble, drop a few tacks and increased visits to the hospital.’’ 1993, currently pumps an estimated $6 billion inches or collapse. The smog decline has not come without a annually into the general fund. This is wrong, Under my new bill, the 4.3-cent gas tax price. The estimated $4 billion cost to retool plain and simple. Motorists should benefit from would be transferred from the general fund to refineries was considered an important fac- a fee which they alone must pay. the highway trust fund. As a result, $6 billion tor in the steep rise in gasoline prices last While no none enjoys paying gas taxes, a year would be freed up for infrastructure im- spring and early summer. many studies have shown that Americans are provements, and 20 percent of those funds Many motorists still wonder how much the much more willing to pay gas taxes if they are would be earmarked for mass transit projects. less-volatile fuel has reduced their gas mile- used only to make our country's roads and This will come as welcome news for our cities age, although state spokesmen estimate the bridges safer. This, unfortunately, has not that are struggling to meet the increasing de- penalty at 1 to 3 percent. Averaging three- been the case with the most recent 4.3-cent mand for mass transit. Also, under this pro- year periods, which minimizes the influence increase. Last Congress, when many had posal we will not have to search for a way to of weather, the number of days of ozone pol- talked about repealing the 4.3, I studied the offset the $6 billion a year in lost revenues. lution in San Diego County under the state various ways to use the funds generated by We will simply be transferring funds from one standard declined 55 percent between 1979– the gas tax, trying to come up with a common- account to another, meaning it will be budget 1981 and 1994–1996. sense, useful proposal. neutral. My legislation will not add one dime to the Ohio is not alone when it comes to needing deficit, and instead will force the Federal Gov- road, bridge and infrastructure improvements. ernment to be honest with taxpayers and use Studies show that we should be spending $60 the gas tax for needed infrastructure improve- billion per year on our highways but are only ments. spending $6 billion. This is a national problem, For example, a recent study found that and one that could be greatly eased if we sim- bridges throughout the State are badly deterio- ply leveled with the taxpayers and used the rating and in need of repair. At the local level, gas tax for the purpose it was intended. E198 CONGRESSIONAL RECORD — Extensions of Remarks February 10, 1997 SENATE COMMITTEE MEETINGS for the Department of Defense and the the Intermodal Surface Transportation future years defense program. Efficiency Act. Title IV of Senate Resolution 4, SH–216 SD–406 agreed to by the Senate on February 4, Labor and Human Resources 1977, calls for establishment of a sys- FEBRUARY 13 Business meeting, to consider pending tem for a computerized schedule of all 8:00 a.m. calendar business. meetings and hearings of Senate com- Foreign Relations SD–430 mittees, subcommittees, joint commit- To hold hearings on the nomination of Small Business tees, and committees of conference. Pete Peterson, of Florida, to be Ambas- To hold hearings on the President’s This title requires all such committees sador to the Socialist Republic of Viet- budget request for fiscal year 1998 for to notify the Office of the Senate Daily nam. the Small Business Administration. SD–419 SR–428A Digest—designated by the Rules Com- 9:00 a.m. mittee—of the time, place, and purpose Agriculture, Nutrition, and Forestry FEBRUARY 27 of the meetings, when scheduled, and To resume hearings on proposals to re- 9:30 a.m. any cancellations or changes in the form the Commodity Exchange Act. Labor and Human Resources meetings as they occur. SR–332 To hold hearings on proposed legislation As an additional procedure along 10:00 a.m. authorizing funds for programs of the with the computerization of this infor- Budget Higher Education Act. To hold hearings on biennial budgeting SD–430 mation, the Office of the Senate Daily and appropriations. 10:00 a.m. Digest will prepare this information for SD–608 Armed Services printing in the Extensions of Remarks Finance To hold hearings concerning the Depart- section of the CONGRESSIONAL RECORD To hold hearings on the Administration’s ment of Defense actions pertaining to on Monday and Wednesday of each budget for fiscal year 1998, focusing on Medicare, Medicaid and welfare propos- Persian Gulf illnesses. week. SD–106 Meetings scheduled for Tuesday, Feb- als. SD–215 Commerce, Science, and Transportation ruary 11, 1997, may be found in the 1:45 p.m. To hold hearings to examine violence in Daily Digest of today’s RECORD. Governmental Affairs television programming. Business meeting, to consider pending SR–253 MEETINGS SCHEDULED calendar business. SD–342 MARCH 5 FEBRUARY 12 2:00 p.m. 9:00 a.m. 9:30 a.m. Environment and Public Works Agriculture, Nutrition, and Forestry Energy and Natural Resources Transportation and Infrastructure Sub- To hold hearings to examine the Depart- Business meeting, to mark up S. 104, to committee ment of Agriculture’s business plan To hold hearings on the implementation amend the Nuclear WastePolicy Act of and reorganization management pro- of the Intermodal Surface Transpor- 1982, and to consider the nomination of posals. tation Efficiency Act and transpor- Federico Pena, of Colorado, to be Sec- SR–332 tation trends, infrastructure funding retary of Energy, and to consider other requirements, and transportation’s im- pending calendar business. MARCH 6 pact on the economy. SD–366 9:30 a.m. SD–406 Environment and Public Works Veterans’ Affairs Governmental Affairs To hold hearings on the ozone and partic- To hold joint hearings with the House To hold hearings on S. 207, to review, re- ulate matter standards proposed by the Committee on Veterans’ Affairs on the form, and terminate unnecessary and Environmental Protection Agency. legislative recommendations of the inequitable Federal subsidies. SD–406 Paralyzed Veterans of America, the SD–342 Governmental Affairs Jewish War Veterans, the Retired Offi- Labor and Human Resources International Security, Proliferation and cers Association, the Association of the Employment and Training Subcommittee Federal Services Subcommittee U.S. Army, the Non-Commissioned Of- To resume hearings to examine proposals To hold hearings on the future of nuclear ficers Association, the Military Order to reform the Fair Labor Standards deterrence. of the Purple Heart, and the Blinded Act, focusing on S. 4, to provide to pri- SD–342 Veterans Association. vate sector employees the same oppor- Labor and Human Resources 345 Cannon Building tunities for time-and-a-half compen- To hold hearings on the implementation satory time off, biweekly work pro- of the Teamwork for Employees and MARCH 11 grams, and flexible credit hour pro- Managers Act (TEAM). grams as Federal employees currently 9:00 a.m. SD–430 enjoy to help balance the demands and Agriculture, Nutrition, and Forestry Rules and Administration needs of work and family, to clarify the To hold hearings on proposed legislation Business meeting, to mark up proposed provisions relating to exemptions of authorizing funds for agricultural re- legislation authorizing biennial ex- certain professionals from the mini- search. penditures by standing, select, and spe- mum wage and overtime requirements SR–332 cial committees of the Senate, and to of the Fair Labor Standards Act of consider other pending legislative and 1938. MARCH 12 administrative business. SD–430 9:30 a.m. SR–301 Commerce, Science, and Transportation Small Business FEBRUARY 25 To hold hearings to examine universal To hold hearings on the nomination of telephone service. Aida Alvarez, of New York, to be Ad- 9:00 a.m. SR–253 ministrator of the Small Business Ad- Agriculture, Nutrition, and Forestry ministration. To hold hearings to examine the impact MARCH 13 SR–428A of estate taxes on farmers. 10:00 a.m. SR–332 9:00 a.m. Budget Agriculture, Nutrition, and Forestry To hold hearings on issues relating to FEBRUARY 26 To resume hearings on proposed legisla- public investment. 9:00 a.m. tion authorizing funds for agricultural SD–608 Agriculture, Nutrition, and Forestry research. Finance To hold hearings to examine the impact SR–332 To hold hearings on the Administration’s of capital gains taxes on farmers. budget and revenue proposals for fiscal SR–332 MARCH 18 year 1998. 9:30 a.m. 9:00 a.m. SD–215 Environment and Public Works Agriculture, Nutrition, and Forestry 2:45 p.m. Transportation and Infrastructure Sub- To resume hearings on proposed legisla- Armed Services committee tion authorizing funds for agricultural To hold hearings on proposed legislation To resume hearings on proposed legisla- research. authorizing funds for fiscal year 1998 tion authorizing funds for programs of SR–332 February 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E199 MARCH 19 MARCH 20 CANCELLATIONS 9:30 a.m. 9:00 a.m. Veterans’ Affairs Agriculture, Nutrition, and Forestry FEBRUARY 12 To resume hearings on proposed legisla- To hold joint hearings with the House 10:00 a.m. tion authorizing funds for agricultural Committee on Veterans’ Affairs on the Commerce, Science, and Transportation legislative recommendations of the research. SR–332 Consumer Affairs, Foreign Commerce, and Disabled American Veterans. Tourism Subcommittee 345 Cannon Building 9:30 a.m. Veterans’ Affairs To hold hearings on product liability re- To hold joint hearings with the House form issues, focusing on the success of Committee on Veterans’ Affairs on the the General Aviation Revitalization legislative recommendations of Act of 1994 (P.L. 103-298). AMVETS, the American Ex-Prisoners SR–253 of War, the Veterans of World War I, and the Vietnam Veterans of America. 345 Cannon Building Monday, February 10, 1997 Daily Digest Senate 22 U.S.C. 276d–276g, as amended, appointed Sen- Chamber Action ator Murkowski as Chairman of the Senate Delega- Routine Proceedings, pages S1145–S1201 tion to the Canada-U.S. Interparliamentary Group Measures Introduced: Four bills were introduced, during the 105th Congress. Page S1201 as follows: S. 292–295. Pages S1191±94 Mexico-U.S. Interparliamentary Group: The Balanced Budget Constitutional Amendment: Chair, on behalf of the Vice President, pursuant to Senate continued consideration of S.J. Res. 1, pro- 22 U.S.C. 276h–276k, as amended, appointed Sen- posing an amendment to the Constitution of the ator Hutchison as Chairman of the Senate Delegation United States to require a balanced budget, taking to the Mexico-U.S. Interparliamentary Group during action on the following amendments proposed there- the 105th Congress. Page S1201 to: Pages S1152±87 Washington’s Farewell Address: A unanimous- Rejected: consent agreement was reached providing for the Durbin Amendment No. 2, to allow for the waiv- reading of Washington’s Farewell Address on Mon- er of the article in the event of an economic reces- day, February 24, 1997. Page S1201 sion or serious economic emergency with a majority Messages From the President: Senate received the in both houses of Congress. (By 64 yeas to 35 nays following messages from the President of the United (Vote No. 7), Senate tabled the amendment.) States: Pages S1152±56, S1166±81 Transmitting a report concerning the national Pending: emergency with respect to Iraq; referred to the Com- Wellstone Amendment No. 3, to state the policy mittee on Banking, Housing, and Urban Affairs. of the United States that, in achieving a balanced (PM–11). Pages S1188±89 budget, Federal outlays should not be reduced in a Transmitting the economic report of the Presi- manner that disproportionately affects outlays for dent; to the Joint Economic Committee. (PM–12). education, nutrition, and health programs for poor Pages S1189±90 children. Pages S1156±66, S1181±87 A unanimous-consent-time agreement was reached Messages From the President: Pages S1188±89 providing for the further consideration of the pend- Measures Placed on Calendar: Page S1190 ing amendment on Tuesday, February 11, 1997, Communications: Pages S1190±91 with a vote to occur thereon. Page S1201 Statements on Introduced Bills: Pages S1191±94 Appointments: Additional Cosponsors: Pages S1194±95 British-American Interparliamentary Group: Amendments Submitted: Page S1195 The Chair, on behalf of the President pro tempore, and upon the recommendation of the Majority Lead- Notices of Hearings: Page S1195 er, pursuant to Public Law 102–138, appointed Sen- Additional Statements: Pages S1195±S1201 ator Stevens as Chairman of the Senate Delegation to Record Votes: One record vote was taken today. the British-American Interparliamentary Group dur- (Total—7) Page S1181 ing the 105th Congress. Page S1201 Adjournment: Senate convened at 12 Noon, and North Atlantic Assembly: The Chair, on behalf of adjourned at 7:19 p.m., until 2:15 p.m., on Tuesday, the Vice President, in accordance with 22 U.S.C. February 11, 1997. (For Senate’s program, see the re- 1928a–1928d, as amended, appointed Senator Roth marks of the Acting Majority Leader in today’s as Chairman of the Senate Delegation to the North Record on page S1201.) Atlantic Assembly during the 105th Congress. Page S1201 Committee Meetings Canada-U.S. Interparliamentary Group: The Chair, on behalf of the Vice President, pursuant to No committee meetings were held.

D97 D98 CONGRESSIONAL RECORD — DAILY DIGEST February 10, 1997 House of Representatives Messages from the President: Read the following Chamber Action messages from the President: Bills Introduced: 11 public bills, H.R. 655–665; Economic Report of the President: Message wherein he and 5 resolutions, H.J. Res. 46–47, H. Con. Res. transmitted his economic report together with the 17, and H. Res. 44–45, were introduced. Page H407 1997 annual report of the Council of Economic Ad- Reports Filed: No reports were filed today. visors—referred to the Joint Economic Committee and ordered printed (H. Doc. 105–2); and Speaker Pro Tempore: Read a letter from the Pages H396±97 Speaker wherein he designated Representative Col- National Emergency re Iraq: Message wherein he lins to act as Speaker pro tempore for today. transmitted his report concerning the national emer- Page H395 gency with respect to Iraq—referred to the Commit- Committee Resignation: Read a letter from Rep- tee on International Relations and ordered printed resentative Hunter wherein he resigned from the (H. Doc. 105–41). Pages H397±98 Committee on Veterans’ Affairs. Page H395 Quorum Calls—Votes: No quorum calls or votes Committee on Ways and Means Recommenda- developed during the proceedings of the House tions for Designations Required by Law for the today. 105th Congress: Read a letter from Chairman Ar- Adjournment: Met at 2 p.m. and adjourned at 3:01 cher wherein he reported that the Committee des- p.m. ignated Representatives Archer, Crane, Thomas, Rangel, and Stark to serve on the Joint Committee on Taxation for the 105th Congress; and that the Committee Meetings Committee recommended the following members to No Committee meetings were held. serve as official advisors for international conference meetings and negotiating sessions on trade agree- Joint Meetings ments: Representatives Archer, Crane, Thomas, Ran- PRESIDENT’S ECONOMIC REPORT gel, and Matsui. Page H395 Subsequently, pursuant to the Trade Act of 1974 Joint Economic Committee: Committee held hearings to and the recommendation of the Chairman of the examine the United States economic situation, focus- Committee on Ways and Means, the Chair an- ing on the 1997 Economic Report of the President, nounced the Speaker’s selection of the following receiving testimony from Joseph E. Stiglitz, Chair- members to be accredited by the President as Offi- man, Council of Economic Advisers. cial Advisors to the United States Delegations to Hearings will continue on Wednesday, February international conferences, meetings, and negotiation 26. sessions relating to trade agreements during the First f Session of the 105th Congress: Representatives Ar- cher, Crane, Thomas, Rangel, and Matsui. COMMITTEE MEETINGS FOR TUESDAY, FEBRUARY 11, 1997 Pages H395±96 Permanent Select Committee on Intelligence: (Committee meetings are open unless otherwise indicated) The Chair announced the Speaker’s appointment of Senate the following members to the Permanent Select Committee on Intelligence: Representatives Young Committee on Agriculture, Nutrition, and Forestry, to hold of Florida, Lewis of California, Shuster, McCollum, hearings on proposals to reform the Commodity Exchange Castle, Boehlert, Bass, Gibbons, Dicks, Dixon, Act, 9 a.m., SR–332. Committee on Armed Services, to hold a closed briefing on Skaggs, Pelosi, and Harman. Page H396 the situation in Bosnia and the status of U.S. military Committee Election: The House agreed to H. Res. forces participating in the Stabilization Force (SFOR), 10 44, electing Representative Berman to the Commit- a.m., SR–222. tee on Standards of Official Conduct. Page H396 Committee on Finance, to hold hearings on the final re- port of the Advisory Commission to Study the Consumer Clerk Designation: Read a letter from the Clerk Price Index, 10 a.m., SD–215. wherein she designates Ms. Julie Perrier, to sign pa- Committee on Foreign Relations, Business meeting, to con- pers and do all other acts under the name of the sider the nomination of Bill Richardson, of New Mexico, Clerk of the House of Representatives in the Clerk’s to be the Representative of the United States to the Unit- temporary absence or disability. Page H396 ed Nations with the rank and status of Ambassador, and February 10, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D99 the Representative of the United States in the Security Learning, hearing on Reform of the Major Federal Job Council of the United Nations, time to be announced, Training Programs, 9:30 a.m., 2175 Rayburn. S–116 (Capitol). Committee on House Oversight, to consider pending busi- Committee on Labor and Human Resources, to hold over- ness, 2 p.m., l310 Longworth. sight hearings on the implementation of the Health In- Committee on International Relations, to consider an over- surance Portability and Accountability Act (P.L. sight plan for the l05th Congress, 9:45 a.m., and to hold 104–191), 9:30 a.m., SD–430. a hearing on the Administration’s International Affairs Committee on Veterans’ Affairs, to hold joint hearings Budget Request for fiscal year 1998, 10 a.m., 2172 Ray- with the House Committee on Veterans’ Affairs on the burn. legislative recommendations of the Veterans of Foreign Committee on the Judiciary, Subcommittee on Immigra- Wars, 9:30 a.m., 345 Cannon Building. tion and Claims, oversight hearing regarding Title III of NOTICE the Illegal Immigration Reform and Immigrant Respon- sibility Act of 1996, 2 p.m., 2237 Rayburn. For a listing of Senate Committee Meetings sched- Committee on National Security, Subcommittee on Mili- uled ahead, see pages E198–99 in today’s Record. tary Personnel, hearing on the status of the investigation House into Persian Gulf War illnesses, 9:30 a.m., 2118 Ray- burn. Committee on Appropriations, Subcommittee on Labor, Committee on Rules: to consider the following: H.J. Res. Health and Human Services, and Education, on Secretary 2, proposing an amendment to the Constitution of the of Health and Human Services, 10 a.m., on Health Care United States with respect to the number of terms of of- Financing Administration and on the Agency for Health fice of Members of the Senate and the House of Rep- Care Policy and Research, 2 p.m., 2358 Rayburn. resentatives; H.R. 581, Family Planning Facilitation and Subcommittee on Legislative, on the CBO, the U.S. Abortion Funding Restriction Act of 1997; adopting Capitol Police and the Office of Compliance, 9:30 a.m., oversight plan for the 105th Congress; and other Com- and on the Joint Committee on Printing, the GPO and mittee business, 1:30 p.m., H–313 Capitol. the GAO, 1 p.m., H–144 Capitol. Committee on Science, Subcommittee on Technology, Committee on Banking and Financial Services, Subcommit- briefing on Secure Communications, 10 a.m., 2318 Ray- tee on Financial Institutions and Consumer Credit, hear- burn. ing on Financial Services Modernization legislation in- Committee on Veterans’ Affairs, hearing to review the cluding H.R. 268, Depository Institution Affiliation and findings and recommendations of the Presidential Advi- Thrift Charter Conversion Act, 10:30 a.m., 2128 Ray- sory Commission on Gulf War Veterans’ illnesses, 1 p.m., burn. 334 Cannon. Committee on the Budget, hearing on the Administration’s Committee on Ways and Means, hearing on the Adminis- Budget for Fiscal Year 1998, 1 p.m., 210 Cannon. tration’s fiscal year 1998 Budget, 1 p.m., 1100 Long- Committee on Commerce, Subcommittee on Energy and Power, oversight hearing on the Department of Energy’s worth. proposed budget for fiscal year 1998, 9:30 a.m., 2123 Joint Meetings Rayburn. Subcommittee on Telecommunications, Trade, and Consumer Joint Hearing: Senate Committee on Veterans’ Affairs, Protection, hearing and mark up of the Armored Car Reci- to hold joint hearings with the House Committee on procity Amendments of 1997, 4:30 a.m., 2322 Rayburn. Veterans’ Affairs on the legislative recommendations of Committee on Education and the Workforce, Subcommittee the Veterans of Foreign Wars, 9:30 a.m., 345 Cannon on Postsecondary Education, Training and Life-Long Building. D100 CONGRESSIONAL RECORD — DAILY DIGEST February 10, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2:15 p.m., Tuesday, February 11 12:30 p.m., Tuesday, February 11

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: No recorded votes are expected. ation of S.J. Res. 1, Balanced Budget Constitutional Amendment. Senate may also consider the nomination of Bill Rich- ardson, to be U.S. Ambassador to the United Nations.

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E192 Riley, Bob, Ala., E191 Kucinich, Dennis J., Ohio, E193 Traficant, James A., Jr., Ohio, E193 Bilbray, Brian P., Calif., E196 Lantos, Tom, Calif., E191 Weldon, Curt, Pa., E194 Clay, William (Bill), Mo., E195 LaTourette, Steve C., Ohio, E197 Weldon, Dave, Fla., E192 Frank, Barney, Mass., E194 Petri, Thomas E., Wisc., E195 Gallegly, Elton, Calif., E192 Poshard, Glenn, Ill., E192

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