Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, FIRST SESSION

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, THURSDAY, FEBRUARY 27, 1997 No. 23 House of Representatives The House met at 9 a.m. H.R. 499. An act to designate the facility of There was no objection. the United States Postal Service under con- The Chaplain, Rev. James David f Ford, D.D., offered the following pray- struction at 7411 Barlite Boulevard in San Antonio, Texas, as the ‘‘Frank M. Tejeda ANNOUNCEMENT BY THE SPEAKER er: Post Office Building’’. We pray, gracious God, that our ears The message also announced that the The SPEAKER. The Chair desires to would be open to hear Your word, that Senate had passed a bill of the follow- make an announcement. our hearts would reflect the warmth of ing title, in which the concurrence of After consultation with the majority Your spirit and that our hands would the House is requested: and minority leaders, and with their be ready to do the works of justice and S. 305. An act to authorize the President to consent and approval, the Chair an- mercy. May we not, O God, become so award a gold medal on behalf of the Congress nounces that during the joint meeting busy with our own goals that we miss to Francis Albert ‘‘Frank’’ Sinatra in rec- to hear an address by his Excellency the wonder and beauty and truth and ognition of his outstanding and enduring Eduardo Frei, only the doors imme- glory of our common responsibility to contributions through his entertainment ca- diately opposite the Speaker and those use Your gifts for justice in our land reer and humanitarian activities, and for on his right and left will be open. and freedom in our world. Bless, O God, other purposes. No one will be allowed on the floor of all those who labor for these good f the House who does not have the privi- works, that the bounty of Your word SENATE BILL REFERRED lege of the floor of the House. may be known by all. Amen. A bill of the Senate of the following Due to the large attendance which is f title was taken from the Speaker’s anticipated, the Chair feels that the rule regarding the privilege of the floor THE JOURNAL table and, under the rule, referred as follows: must be strictly adhered to. The SPEAKER. The Chair has exam- S. 305. An act to authorize the President to Children of Members will not be per- ined the Journal of the last day’s pro- award a gold medal on behalf of the Congress mitted on the floor, and the coopera- ceedings and announces to the House to Francis Albert ‘‘Frank’’ Sinatra in rection of all Members is requested. his approval thereof. ognition of his outstanding and enduring f Pursuant to clause 1, rule I, the Jour- contributions through his entertainment canal stands approved. reer and humanitarian activities, and for RECESS other purposes; to the Committee on Bank- Mr. FROST. Mr. Speaker, pursuant The SPEAKER. Pursuant to the to clause 1, rule I, I demand a vote on ing and Financial Services. f order of the House of Thursday, Feb- agreeing to the Speaker’s approval of ruary 13, 1997, the House will stand in the Journal. REMOVAL OF NAMES OF MEM- recess subject to the call of the Chair. The SPEAKER. The question is on BERS AS COSPONSORS OF H.R. Accordingly (at 9 o’clock and 3 min- the Chair’s approval of the Journal. 539 AND H.R. 615 utes a.m.), the House stood in recess The question was taken; and the Mr. MCDERMOTT. Mr. Speaker, I ask subject to the call of the Chair. Speaker announced that the ayes ap- unanimous consent to delete the fol- f peared to have it. lowing cosponsors from H.R. 539: Rep- Mr. FROST. Mr. Speaker, I object to resentatives TOWNS, MARTINEZ, FORD, b 0950 the vote on the ground that a quorum and ACKERMAN. They were mistakenly JOINT MEETING OF THE HOUSE is not present and make the point of added as cosponsors to H.R. 539 instead order that a quorum is not present. AND SENATE TO HEAR AN AD- of H.R. 615. DRESS BY HIS EXCELLENCY, The SPEAKER. Pursuant to clause 5, Mr. Speaker, I would also like to re- rule I, further proceedings on this ques- EDUARDO FREI, PRESIDENT OF quest unanimous consent to delete the THE REPUBLIC OF CHILE tion are postponed. following cosponsor from H.R. 615: Rep- f resentative ENGLISH of Pennsylvania. The Speaker of the House presided. He was mistakenly added as a cospon- The Assistant to the Sergeant at MESSAGE FROM THE SENATE sor to H.R. 615 instead of H.R. 539. Arms, Ms. Pamela Kidd, announced the A message from the Senate by Mr. Corrected cosponsor lists have been President pro tempore and Members of Lundregan, one of its clerks, an- submitted. the U.S. Senate who entered the Hall of nounced that the Senate had passed The SPEAKER. Is there objection to the House of Representatives, the without amendment a bill of the House the request of the gentleman from President pro tempore of the Senate of the following title: Washington? taking the chair at the right of the

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.

H671 H672 CONGRESSIONAL RECORD — HOUSE February 27, 1997 Speaker, and the Members of the Sen- [Applause, the Members rising.] dogmatism. Today we seek our own ate the seats reserved for them. f path to a development that is balanced, The SPEAKER. The Chair appoints independent and creative. We do not ADDRESS BY HIS EXCELLENCY, as members of the committee on the believe in fixed models or miracles but EDUARDO FREI, PRESIDENT OF part of the House to escort His Excel- in creativity and in the courage to THE REPUBLIC OF CHILE lency, Eduardo Frei, the President of make changes. the Republic of Chile, into the Cham- (The following address was delivered We have not attempted everything at ber: in Spanish, with a simultaneous trans- once. We know that great initiatives The gentleman from Texas [Mr. lation in English.) have been defeated by asking for too ARMEY]; President FREI. Mr. President, hon- much too soon. We want sustained, le- The gentleman from Texas [Mr. orable Senators, honorable Members of gitimate progress, even if the pace is DELAY]; the House of Representatives, officials slow. We know there is much to be The gentleman from Ohio [Mr. of the United States Government, offi- done to make our democracy strong BOEHNER]; cials and members of my country’s del- and resilient, but we want to move for- The gentleman from California [Mr. egation: ward surely and safely. COX]; I thank you for inviting me to speak We have learned to be patient. Chile The gentleman from New York [Mr. here. It is an honor for me and for the does not begin anew with each election. GILMAN]; people of Chile to address you in this Rather, we build on our creativity and The gentleman from California [Mr. Chamber which has stood for more our work. We are well aware that we GALLEGLY]; than 200 years as an uninterrupted have a unique historic opportunity to The gentleman from Missouri [Mr. symbol of freedom. achieve full development in a free mar- I am deeply moved, not only because GEPHARDT]; ket of political freedom. We value our this House served as forum for Thomas The gentleman from Michigan [Mr. achievements, but we give equal atten- Jefferson, James Madison and Abra- BONIOR]; tion to the challenges ahead of us. ham Lincoln, but also because it recog- The gentlewoman from Connecticut Neither have we sought an easy bo- nized the independence of Chile in the [Mrs. KENNELLY]; nanza. Instead we have chosen sus- The gentleman from Maryland [Mr. year 1810. It also gave strong support to tained growth. We have not promoted HOYER]; the people of Chile in their struggle to ephemeral advances but those based on The gentleman from Indiana [Mr. restore democracy when it had been the work and real effort of the people HAMILTON]; and crushed, and to demand the observance The gentleman from New Jersey [Mr. of human rights when they were vio- of Chile. We have not relied on miracles, but, rather, in hard, unflagging MENENDEZ]. lated. The PRESIDENT pro tempore. The Don Quixote de la Mancha, address- work. President pro tempore of the Senate, at ing his inseparable companion, de- Today we have a stable economy that the direction of that body, appoints the clared: ‘‘Freedom, Sancho, is one of the benefits the people: 14 years of sus- following Senators as a committee on most precious gifts heaven bestows on tained growth at a rate that has aver- the part of the Senate to escort His Ex- man—all the treasure of the earth and aged 7 percent annually over the last cellency, Eduardo Frei, the President of the oceans cannot equal it. For our decade; a rise in real annual wages of of the Republic of Chile, into the House freedom, as for our honor, we can and over 4 percent; our per capita income Chamber: must risk our lives.’’ doubled in a decade; savings rates close The Senator from Oklahoma [Mr. I am grateful for the example this to 25 percent; 5 consecutive years of fiscal surplus. We hold international re- NICKLES]; Nation has given the world in its un- The Senator from Florida [Mr. wavering commitment to freedom. Few serves sufficient to sustain a year of MACK]; people know as you do the high and ex- imports of goods and services. Produc- The Senator from Georgia [Mr. acting price that must be paid to safe- tivity has grown almost 5 percent an- COVERDELL]; guard that precious value. nually in the last 6 years. Our unem- The Senator from Indiana [Mr. I want to share with you why we ployment rate is close to 6 percent. LUGAR]; Chileans are ever more satisfied with We have resisted the temptation of The Senator from Connecticut [Mr. the dividends of freedom, why we do easy promises. Our message has been DODD]; not want to look back, why we wish to frank and society has responded with The Senator from Iowa [Mr. HARKIN]; have a part in the new history, the his- discipline. Even while many of soci- and tory mankind is now beginning to ety’s pressing needs remain The Senator from Florida [Mr. GRA- write. unsatisfied, the conduct of our people HAM]. Chile is a small country with an un- has been exemplary. The Assistant to the Sergeant at breakable will to be. Our recent history We seek today to resolve the age-old Arms announced the Vice Dean of the shows that clearly. dilemmas of the State and the market, Diplomatic Corps. Not long ago we seemed to be shat- the private and public sectors. Both The Vice Dean of the Diplomatic tered by countless hatreds. But today seek to be more effective and to offer Corps, His Excellency Dr. Joseph Edsel we have built consensus and under- services of higher quality in their re- Edmunds, Ambassador of Saint Lucia, standing. The strength of peace has tri- spective capacities. entered the Hall of the House of Rep- umphed over violence. We are seeking Our people want no more paternal- resentatives and took the seat reserved to understand and practice politics as ism. They are ready to forge their own for him. the art of building and agreeing, not of destiny. They want the tools for At 10 o’clock and 5 minutes a.m., the destroying or paralyzing. progress. That is why my government Assistant to the Sergeant at Arms an- We have suffered setbacks, but today has assigned education its highest pri- nounced the President of the Republic we consolidate our advances. Rec- ority. We want all elementary and high of Chile, His Excellency, Eduardo Frei. onciliation among us has taken root schools to have a full school day. We The President of the Republic of because we have reclaimed our freedom are devoting greater resources to de- Chile, escorted by the committee of to look to the future. We have known velop a high quality teaching corps and Senators and Representatives, entered the generous pardon of those whose modern educational institutions so the Hall of the House of Representa- most sacred rights have been trampled. that every region of the country can tives, and stood at the Clerk’s desk. We have recognized our common herit- have centers of excellence in public [Applause, the Members rising.] age. We move forward knowing that education. We want total investment The SPEAKER. Members of the Con- today we enjoy the fruits of the energy in education to grow from 4.5 percent gress, it is my great privilege and I and work of many generations of Chil- of GNP to 7 percent within a period of deem it a high honor and personal eans, not just those of any specific gov- no more than 8 years. pleasure to present to you His Excel- ernment. The State is also making a direct ef- lency, Eduardo Frei, President of the In politics and in economics we have fort to help the poorest, earmarking 70 Republic of Chile. experienced extremes, rigidities and percent of government expenditures for February 27, 1997 CONGRESSIONAL RECORD — HOUSE H673 social spending. One million six hun- country at the southern edge of the longstanding and honorable tradition dred thousand Chileans, or 11 percent world that seeks to participate ac- of honest public service in our country, of the population, men of flesh and tively in this new era opening up to especially in a time of economic blood, have moved out of poverty over mankind. growth. We are updating our national the past 6 years. The struggle for human dignity in legislation and have participated ac- We are undertaking a profound mod- this century has had millions of anony- tively in measures our region is devel- ernization of the management of public mous heroes and victims. We do not oping, such as the Inter-American Con- services to increase the quality and want this universal suffering to have vention on Corruption and others. coverage of services to the people. We been in vain. Perseverance in the pro- Chile wants clear and transparent poli- are carrying out the most far-reaching motion of democracy and human rights tics and business. reform in this century of the adminis- throughout the world is the most fit- We step into the new century with tration of justice to make it more acting tribute we can give those who suf- the knowledge that the universal habi- cessible, flexible and equitable. fered totalitarian barbarity and geno- tat of humanity is fragile. When forests In the health field there are two sys- cide. disappear, the destiny of nature and tems, one public, the other private. We Chile will persevere in that path. our own are one and the same. We have have created a system of private health Last year it promoted a wide-ranging an inescapable responsibility. Future care with standards comparable to debate on democratic governance that generations have a right to material those of the most developed countries. culminated in the Declaration of Vina progress, but they have a right also to Some 30 percent of our population par- del Mar, signed by presidents and heads a healthy environment. Chile is taking ticipates in that system. More Chileans of state of Ibero-America. That un- appropriate measures. We have re- will join that as the country continues doubtedly constitutes a landmark in newed and updated our legislation so to grow. At the same time we are the increasing efforts to consolidate that all planned production is subject working on a complete overhaul of our democracy throughout Latin America to environment standards. We have public health system. We are making it and the Caribbean. Chile wants the launched a massive plan to clean up more efficient, broadening coverage torch of liberty to shine in every cor- urban pollution and to set aside almost and improving quality. We have under- ner of the globe. 19 percent of our territory as state-pro- taken a massive investment in health We are actively committed to world tected forest. Chile is going to cooper- infrastructure and introduced reforms peace. That was our objective when we ate responsibly in caring for our plan- in management methods and decision were elected to temporarily chair in et. making, improving the quality of care. the United Nations. That was our role We have a commitment to free trade. International health care indexes show as guarantor in the conflict between These are not mere words. It is entirely that we are on the right track. Peru and Ecuador, and that is why we consistent with our development strat- In the area of social security we have participate actively in United Nations egy and opening our economy in the established a system, and I know that peace operations. Today we are in the generation and exploitation of new this is a principal concern to many Middle East, Iraq and Kashmir. We will competitive advantages and in our Members of this Congress, that has soon be sending police forces to Bosnia. entry into numerous new markets. grown strongly over time. In the early We also encourage peace through mu- Twenty years ago Chile exported to 1980’s Chile replaced its pay-as-you-go tual confidence-building measures and 50 countries. Today it is 152. Where be- system with a private plan based on in- by signing international agreements to fore we had 200 exporters, now we have dividual contributions. Pension funds prohibit chemical, biological and mass 6,000. Before we exported 500 products. are administered by private institu- destruction weapons, as well as to pro- Today, 4000. Seventy percent of our tions chosen by individual workers on hibit nuclear testing and to create GDP is linked to foreign trade. the basis of their profitability and the denuclearized zones. Chile wants peace We have diversified that trade. Of our security they provide for individual to be proclaimed decisively on the total trade, Asia, including Japan, rep- savings. The amount deposited today threshold of the coming century. resents 24 percent; North America, 22 equals 40 percent of GNP and is diversi- The promises of peace, liberty and percent; Latin America, 23 percent; and fied in the broad investment portfolio. cooperation of this new era must be en- Western Europe the remainder. Profits have averaged 12.2 percent an- sured. Today neither Hitler nor Stalin Our Congress voted unanimously in nually since its inception. threaten us. A threat comes from the favor of the Uruguay Round agreement To modernize our productive infra- drug traffickers who sap the energies of of the GATT and for joining the World structure we are opening up the way to our youth and enrich themselves by Trade Organization. With that political private investment in the construction poisoning our people. We are threat- mandate, we have developed our policy of highways and modernization of rail- ened, too, by terrorism that acts in the of open regionalism, including nearly roads, airports and ports. We work to- dark, without compassion, without rea- 30 bilateral agreements for economic gether in those areas so that our infra- son, against the innocent, acting in the cooperation. With most of the coun- structure can match our growth and name of politics, religion or race, leav- tries in Latin America and the regional extensions of our economic frontiers. ing frequently a wake of impotent grief bloc we have signed free trade agree- Any objective, impartial observer around the world. ments. Negotiations to establish a free must recognize the energy and dyna- In our country and beyond we have trade agreement with Mercosur, were mism that runs through Chile. People engaged in the decided battle against successfully concluded in June, 1996. of Chile have left despair behind. We those scourges. Therefore, in compli- Today that regional bloc is the third are worked hard for our progress and to ance with our own legislation, we are largest economic bloc in the world and solve our problems and broaden our ho- establishing procedures for judicial and the one that offers the best prospects rizons. police cooperation and coordination in for growth. Chile has also seen a sig- With peace at home we can take a addition to broadening bilateral and nificant increase in Chilean foreign in- new look at the world. To this Con- multilateral conventions on this sub- vestment. In 1996 alone, Chile invested gress, I bring the voice of a people who ject. Chile wants to cooperate actively over $6.3 billion abroad in our neigh- want to participate in mankind’s new to make our world a safe place. boring countries. hopes. We believe also that the democracy In April of 1996 we concluded a new We have suffered the great dilemmas is illuminated when honesty and trans- economic framework agreement with of mankind. For decades we have paid parency characterize public office and the European Union, signed in Florence with our own flesh for the polarization political activity. Those displaced by at the European summit of heads of of the cold war. We are aware that we democracy hope corruption will weak- state in Florence. Another important have left the culture of conflict and di- en faith in democracy. Let us not allow milestone in our economic progress vision behind. A new world based on co- economic power to buy political power was our joining APEC, the Asia Pacific operation and freedom lies within our or the latter to establish questionable Economic Cooperation forum in late grasp. Chile wishes to leave behind its relationships with economic power. We 1994. We have signed a free trade agree- traditional isolation. We are a small are alert to the need to safeguard the ment with Canada based on the NAFTA H674 CONGRESSIONAL RECORD — HOUSE February 27, 1997 rules in November 1996. Next month we sure that the new history we write to- Let me finally on this very privileged will open conversations with Mexico to gether is one of cooperation, creativ- occasion share a personal thought with review the free trade agreement curity, change for the good. We know that you. When my father held the same of- rently in effect. globalization is not guided by compas- fice that I hold today, so many of the When we speak of free trade, we sion or solidarity. We know it has two United States and the Americas shared speak from experience and with ideas faces, one desirable and the other is a great dream of the future. It was the and practice. We speak from a country not. It is our responsibility and our Alliance for Progress. The world has that changes daily, and it is becoming task to make it right, to make it just, changed dramatically since that time. a platform for trade, a gateway to and not to blame it for our ills. What has not changed is the need to Latin America, where a significant Economic and political change is again have an American dream for the trade flow is just beginning. never easy. The temptation of short- coming century. The dreams of individ- In that context our trade negotia- term profit can turn significant num- ual nations may change in the details, tions with the United States are of bers of businesses and workers into en- but what is truly important is that you great interest to us, and we believe emies of the future. Some politicians and we share the ethical and moral that they should advance to higher lev- and voters resist any change that underpinnings of such a dream. els. As an individual country the Unit- crosses their interests. However, we I have said repeatedly that Chile has ed States has some 20 percent of our know that change is not possible with- an historic opportunity. Many times in foreign trade, is our principle trading out new actors emerging, without a our history we have stood at the partner. In the last 2 years alone that new distribution of political and eco- threshold of development and we have trade has grown by over 50 percent. The nomic power. It is for that reason that squandered those opportunities as we we aspire to strong democracies and United States enjoys a favorable trade did late in the last century. That is our economies with opportunities for ev- balance of $1.5 billion with Chile. responsibility today as political lead- eryone. Investors are our chief foreign part- ers, to move forward with the people of ners, with 45 percent of total foreign In March next year, our country will hold the Second Summit of the Ameri- Chile, to make progress with our hemi- investment in Chile. We are particu- sphere, to make that dream a reality, larly proud of the joint enterprises un- cas. Before long, the population of the Americas will exceed 1 billion. Our to be capable of building in Latin dertaken by American and Chilean America a solid democracy, over- firms in our country as well as in other combined revenues will be more than $13 trillion. Let us turn the page on our coming poverty, opening our markets Latin American countries, and even in fears, our wars, and our distrust. Let us to the rest of the world. the United States itself. If we have strength, courage, and po- Because of this promise and relation- leave the days of threats and sanctions behind us. Frank and open dialogue is litical resolve, we can build that ship we accepted with enthusiasm the dream, we can achieve that dream, and invitation in December 1994, at the the instrument of international democracy. The principles and values we that is the task before us, and I call conclusion of the Miami summit, the share must be our only parameters. upon the people in the United States invitation from three NAFTA partners. It is crucial for us to write a new and the Congress to work with us to- Before this Congress, let me reaffirm page in the history of the Americas. It ward that dream. Thank you. our interest in those negotiations. We is a page of confidence in the future, a [Applause, the Members rising.] consider complete trade liberalization page of mutual understanding, a page At 10 o’clock and 40 minutes a.m., between Chile and the United States a of free trade, a page free of hunger, a the President of the Republic of Chile, natural step as well as an encouraging page of democracy, a page from Bolivar accompanied by the committee of es- signal in the task of achieving free and Jefferson. cort, retired from the Hall of the House trade in the Americas, a process in In concluding, I wish to say that of Representatives. which both our countries are engaged. throughout our shared history, many, The Assistant to the Sergeant at In recent years we have witnessed a many Latin American presidents have Arms escorted the invited guests from unique historical process. An unprece- come to this country. Traditionally, the Chamber in the following order: dented number of countries sought to the success or failure of those missions The Vice Dean of the Diplomatic establish democratic regimes and eco- has been measured in concrete assist- Corps. nomic integration with free trade as ance and contributions that each presi- f the common denominator. dent has garnered from this country. Chile embraces this course and works With great ease, on behalf of my coun- JOINT MEETING DISSOLVED to promote it actively. We hope it will try, I wish to say to you today we have The SPEAKER. The purpose of the not be as difficult to initiate free trade not come here to ask for anything. On joint meeting having been completed, talks as it was so often to initiate the contrary, we come to extend to you the Chair declares the joint meeting of peace talks during this century. Delays an invitation to invite you to a shared the two Houses now dissolved. today could mean the weakening of undertaking. Accordingly, at 10 o’clock and 42 many democracies, resurgence of Let us travel together down a path minutes a.m., the joint meeting of the closed markets and the consolidation that includes, but is not the only, clas- two Houses was dissolved. of hunger and migrations in many cor- sic form of economic cooperation. Let The Members of the Senate retired to ners of the world. us together build a vision of the future their Chamber. Honorable Members of Congress, my for this hemisphere, a political, social, ANNOUNCEMENT BY THE SPEAKER presence here symbolizes a new era in scientific, cultural future based in our The SPEAKER. The House will con- friendship with the people of the Unit- roots and our history. ed States. We wish to leave fears and Over the last few days I have heard tinue in recess until the hour of 11:45 distrust behind. We know that we live with pride and gratification of the a.m. in a precious time, an opportunity we praise of the progress that Chile has f must not squander, a time between two made in recent years. It is true that we AFTER RECESS historical processes. We are neither an have come far. It is the truth of the economic nor military power, but we work of generation upon generation of The recess having expired, the House want to be a part of the history that is Chileans. But we know in our hearts was called to order by the Speaker pro unfolding. Allies in the solution of the that the principal obstacle and chal- tempore [Mr. BARRETT of Nebraska] at most pressing problems that confront lenge to us must be to overcome ex- 11 o’clock and 45 minutes a.m. us all, partners in furthering freedoms, treme poverty, and there is no more f brothers in the promotion of peace and valuable legacy that we can leave to democracy. future generations than to eradicate MESSAGE FROM THE PRESIDENT We do not wish simply to move from this ill that besets so many of the peo- A message in writing from the Presi- a world of ideological confrontation to ple of Latin America; to speak to those dent of the United States was commu- one of economic competition. We do who have suffered from hunger of de- nicated to the House by Mr. Sherman not want a soulless world. We must be mocracy have nothing. Williams, one of his secretaries. February 27, 1997 CONGRESSIONAL RECORD — HOUSE H675 THE JOURNAL McHugh Price (NC) Snyder REMOVAL OF NAME OF MEMBER McInnis Quinn Solomon AS COSPONSOR OF H.R. 636 The SPEAKER pro tempore. Pursu- McIntosh Radanovich Souder ant to clause 5 of rule I, the pending McIntyre Rahall Spence Mr. FOX of Pennsylvania. Mr. Speak- McKeon Riggs Spratt er, I ask unanimous consent to have business is the question of the Speak- Meehan Riley Stabenow er’s approval of the Journal. Meek Rivers Stearns the gentleman from Indiana [Mr. BUR- The question is on the Speaker’s ap- Metcalf Roemer Strickland TON] removed from the list of cospon- Mica Rogan Stump sors of H.R. 636, which I authored. proval of the Journal of the last day’s Millender- Rogers Stupak proceedings. McDonald Rohrabacher Sununu The SPEAKER pro tempore (Mr. The question was taken; and the Miller (CA) Rothman Tanner BARRETT of Nebraska). Is there objec- Speaker pro tempore announced that Miller (FL) Roukema Tauscher tion to the request of the gentleman Minge Roybal-Allard Tauzin from Pennsylvania? the ayes appeared to have it. Mink Royce Taylor (NC) Mr. FROST. Mr. Speaker, I object to Mollohan Ryun Thomas There was no objection. the vote on the ground that a quorum Moran (KS) Salmon Thornberry f Moran (VA) Sanchez Thune is not present and make the point of Morella Sandlin Thurman RESIGNATION AS MEMBER OF order that a quorum is not present. Murtha Sanford Tierney COMMITTEE ON BANKING AND The SPEAKER pro tempore. Evi- Myrick Sawyer Torres FINANCIAL SERVICES dently a quorum is not present. Neal Saxton Towns Nethercutt Scarborough Traficant The SPEAKER pro tempore laid be- The Sergeant at Arms will notify ab- Neumann Schaefer, Dan Turner fore the House the following resigna- sent Members. Ney Schaffer, Bob Upton tion as a member of the Committee on The vote was taken by electronic de- Northup Schumer Vento Norwood Scott Walsh Banking and Financial Services: vice, and there were—yeas 332, nays 38, Olver Sensenbrenner Wamp CONGRESS OF THE UNITED STATES, answered ‘‘present’’ 2, not voting 60, as Ortiz Serrano Watkins HOUSE OF REPRESENTATIVES, follows: Owens Sessions Watt (NC) Oxley Shadegg Watts (OK) Washington, DC, February 26, 1997. [Roll No. 28] Packard Shaw Waxman Hon. NEWT GINGRICH, YEAS—332 Pallone Shays Weldon (FL) U.S. Capitol, Washington, DC. Pappas Sherman Weldon (PA) DEAR MR. SPEAKER: Thank you for the Aderholt Cunningham Hilleary Pastor Shimkus Wexler Allen Davis (VA) Hinojosa oppotunity to serve on the Transportation Paul Shuster White and Infrastructure Committee. It is my in- Armey DeGette Hobson Paxon Sisisky Whitfield Bachus Delahunt Hoekstra Pease Skaggs Wise tention to respectfully request a leave of ab- Baesler DeLauro Holden Pelosi Skeen Wolf sence from the Banking and Financial Insti- Baker DeLay Hooley Peterson (MN) Skelton Woolsey tutions Committee so I may be able to con- Baldacci Diaz-Balart Horn Petri Slaughter Wynn centrate my District’s interests on both Ballenger Dickey Hostettler Pickering Smith (NJ) Yates Transportation and National Security. Barcia Dicks Houghton Pitts Smith (TX) Young (AK) Barr Dingell Hoyer Thank you for your assistance. Pomeroy Smith, Adam Young (FL) Sincerely, Barrett (NE) Dixon Hunter Porter Smith, Linda Barrett (WI) Doggett Hutchinson Poshard Snowbarger J.C. WATTS, JR., Bartlett Dooley Hyde Member of Congress. Barton Dreier Jackson (IL) NAYS—38 The SPEAKER pro tempore. Without Bass Duncan Jackson-Lee Abercrombie Gutknecht Pickett objection, the resignation is accepted. Bateman Dunn (TX) Bonior Hefley Pombo Becerra Edwards Jefferson Brown (CA) Hinchey Ramstad There was no objection. Bentsen Ehlers Jenkins Clyburn Hulshof Rush f Bereuter Ehrlich John Costello Johnson, E. B. Sabo Berman Emerson Johnson (CT) DeFazio Kucinich Stenholm APPOINTMENT OF MEMBERS TO Berry Eshoo Johnson (WI) English Lewis (GA) Taylor (MS) THE JOINT ECONOMIC COMMITTEE Bilbray Etheridge Johnson, Sam Ensign Maloney (NY) Thompson Bilirakis Evans Jones Fazio Menendez Visclosky The SPEAKER pro tempore. Without Bishop Everett Kanjorski Filner Nussle Waters Blagojevich Ewing Kasich objection, and pursuant to the provi- Foglietta Oberstar Weller sions of 15 U.S.C. 1024(a), the Chair an- Bliley Farr Kelly Gephardt Parker Wicker Blumenauer Fawell Kennedy (MA) Green Pascrell nounces the Speaker’s appointment of Blunt Flake Kennedy (RI) the following Members of the House to Boehlert Foley Kennelly ANSWERED ‘‘PRESENT’’—2 Boehner Ford Kildee the Joint Economic Committee: Obey Regula Bonilla Fowler Kilpatrick Messrs. MANZULLO of Illinois, SAN- Borski Fox Kim NOT VOTING—60 FORD of South Carolina, THORNBERRY of Boswell Frank (MA) Kind (WI) Ackerman Doyle Moakley Texas, DOOLITTLE of California and Boucher Franks (NJ) King (NY) Andrews Engel Molinari Boyd Frelinghuysen Kingston MCCRERY of Louisiana. Archer Fattah Nadler Brady Frost Klug Bono Forbes Payne f Brown (FL) Furse Knollenberg Brown (OH) Hefner Peterson (PA) Bunning Gallegly Kolbe CONTINUATION OF NATIONAL Bryant Hilliard Portman Burr Ganske Lampson Calvert Inglis Pryce (OH) EMERGENCY WITH RESPECT TO Burton Gejdenson Lantos Carson Istook Rangel Buyer Gekas Largent THE GOVERNMENT OF CUBA— Clay Kaptur Reyes Callahan Gibbons LaTourette MESSAGE FROM THE PRESIDENT Combest Kleczka Ros-Lehtinen Camp Gilchrest Lazio Condit Klink Sanders OF THE UNITED STATES (H. DOC. Campbell Gillmor Leach Cox LaFalce Schiff 105–48) Canady Gilman Levin Coyne LaHood Smith (MI) Cannon Gonzalez Lewis (CA) Danner Latham Smith (OR) The SPEAKER pro tempore laid be- Capps Goode Lewis (KY) Davis (FL) Linder Stark fore the House the following message Cardin Goodlatte Livingston Davis (IL) Lipinski Stokes Castle Goodling LoBiondo from the President of the United Deal Lucas Talent Chabot Gordon Lofgren States; which was read and, together Dellums Martinez Tiahrt Chambliss Goss Lowey Deutsch McKinney Velazquez with the accompanying papers, without Chenoweth Graham Luther Doolittle McNulty Weygand Christensen Granger Maloney (CT) objection, referred to the Committee Clayton Greenwood Manton b 1207 on International Relations and ordered Clement Gutierrez Manzullo to be printed. Coble Hall (OH) Markey So the Journal was approved. Coburn Hall (TX) Mascara The result of the vote was announced To the Congress of the United States: Collins Hamilton Matsui as above recorded. Section 202(d) of the National Emer- Conyers Hansen McCarthy (MO) Cook Harman McCarthy (NY) f gencies Act (50 U.S.C. 1622(d)) provides Cooksey Hastert McCollum for the automatic termination of a na- Cramer Hastings (FL) McCrery PERSONAL EXPLANATION tional emergency unless, prior to the Crane Hastings (WA) McDade Mr. ENGEL. Mr. Speaker, I announce that I anniversary date of its declaration, the Crapo Hayworth McDermott Cubin Herger McGovern was necessarily absent from rollcall vote 28. President publishes in the Federal Reg- Cummings Hill McHale On that vote, I would have voted ``aye.'' ister and transmits to the Congress a H676 CONGRESSIONAL RECORD — HOUSE February 27, 1997 notice stating that the emergency is to b 1215 Uniform Relocation Act so that it continue in effect beyond the anniver- HEALTH INSURANCE FOR abides by and enforces the immigration sary date. In accordance with this pro- CHILDREN law as we have passed. I urge my col- vision, I have sent the enclosed notice, leagues to support it. stating that the emergency declared (Ms. DEGETTE asked and was given Mr. Speaker, I rise today to discuss an with respect to the Government of permission to address the House for 1 issue which has raised both the anger of my Cuba’s destruction of two unarmed minute and to revise and extend her re- constituents and now the eyebrows of many of U.S.-registered civilian aircraft in marks.) my colleagues who thought that we had finally Ms. DEGETTE. Mr. Speaker, I rise international airspace north of Cuba on put an end to handing out benefits to illegal today to address a topic that is close to February 24, 1996, is to continue in ef- aliens with last year's immigration and welfare all of our hearts, children’s health. fect beyond the March 1, 1997, to the reform bills. I am talking about an illegal immi- Like many of my colleagues, I am Federal Register for publication. grant who hit the jackpot at the U.S. Treasury. blessed with two healthy children, but The San Diego Union Tribune reported on WILLIAM J. CLINTON. 10 million parents in this country have THE WHITE HOUSE, February 27, 1997. February 12, 1997, that an undocumented little or no access to health care for woman residing in my hometown of Ocean- f their children. And, worse, more and side, CA, received $12,000 in taxpayer funds PRINTING OF PROCEEDINGS HAD more of these uninsured children are to move out of her apartment complex to DURING RECESS being exposed to environmental haz- make way for a HUD project, Department of ards that render horrible illnesses with Mr. SCARBOROUGH. Mr. Speaker, I Housing and Urban Development project. no cure. ask unanimous consent that the pro- The crazy thing is, HUD knew she was un- As Congress works to improve health ceedings had during the recess be print- documented, not to mention unemployed, and coverage for children, I urge them to that is why she received so much. Other resi- ed in the RECORD. promote policies that promote health dents of the complex were moved to section The SPEAKER pro tempore. Is there care for children, especially remedi- 8 public housing without compensation. Be- objection to the request of the gen- ation of environmental hazards. Today, cause illegal immigrants are prohibited from tleman from Florida? children live in an environment that is living in section 8 housing, HUD went ahead There was no objection. vastly different from those of past gen- and gave her $12,000 in relocation assistance. f erations. While all children are exposed How could this happen? Apparently, HUD ANNOUNCEMENT BY THE SPEAKER to environmental health hazards, chil- claimed it was just following the Uniform Relo- PRO TEMPORE dren living in poverty are at a dis- cation Act, which mandates that residents displaced by a Federal project who do not re- The SPEAKER pro tempore. The proportionate risk. Survey after survey shows that toxic ceive alternate housing, such as section 8, Chair will now entertain 1-minute re- waste dumps, lead paint and high pol- must be financially compensatedÐwithout requests. lution are most often located in or near gard to immigration status. f low-income neighborhoods. With lim- Legal residents in my district displaced by NEWLY PROPOSED EPA STAND- ited access to health care, children ex- this same project will receive a subsidy of ARDS REGARDING PARTICULATE posed to environmental hazards face about $400 for their section 8 housing. But an MATTER AND OZONE multiple risks of illness, including illegal alien gets $12,000? Mr. Speaker, that is asthma and lead poisoning. not only crazy, it is unbelievable. And since (Mr. NEY asked and was given per- every Federal agency must comply with the mission to address the House for 1 Mr. Speaker, I urge this Congress to address in a serious way health care for Uniform Relocation Act, who knows how often minute and to revise and extend his re- this happens? Clearly, Mr. Speaker, this not marks.) children. f only defies common sense, this is a cash re- Mr. NEY. Mr. Speaker, our Governor ward for beating the system. today came out with a bipartisan dele- ILLEGAL IMMIGRANT HITS I should also mention that the Immigration gation from Ohio and met with Mem- JACKPOT and Nationalization Service has yet to take the bers on both sides of the aisle on an im- (Mr. PACKARD asked and was given appropriate steps to deport this person. They portant issue, and that is the ozone and permission to address the House for 1 know her name, her previous address, and EPA regulations. minute and to revise and extend his re- they need to go no further than HUD to find On February 6, George Wolff, chair- marks.) out where she is now. man of the EPA’s own Clean Air Sci- Mr. PACKARD. Mr. Speaker, I rise to Yesterday, I introduced legislation to close entific Advisory Committee, testified discuss an issue which has raised both this loophole by amending the Uniform Relo- the proposed standards were based on a the anger of my constituents and now cation Act so that it abides by and enforces policy judgment by Carol Browner, the the eyebrows of many of my colleagues the immigration laws of this Nation. HUD may director of the U.S. EPA, and not on who thought that we had finally put an have found the door open just enough to award this woman $12,000, but I intend to sound evidence. end to the handing out of benefits to il- slam that door shut, for good. What do we find out today? The L.A. legal aliens with last year’s immigra- Times story. And in that story it says I urge the support of all of my colleagues for tion and welfare reform bills. this legislation. Simply put, it's the right thing that the White House complained, in a I am talking about an illegal immi- to do. Continuing such an absurd policy is un- draft report made available Wednes- grant who hit the jackpot of the U.S. acceptable. day, that a major air pollution pro- Treasury. The San Diego Union re- f posal put forward by the EPA was not ported that an undocumented woman fully considered and based on what residing in my hometown received CHILDREN AND HEALTH some scientists consider inadequate re- $12,000 in taxpayer funds to move out of INSURANCE search. her apartment complex to make way (Ms. DELAURO asked and was given What does the EPA say? If unfor a HUD project. Legal residents in permission to address the House for 1 changed, the report could be very dam- that same project received displace- minute and to revise and extend her re- aging. Of course it could be damaging, ment costs of $400, but the illegal alien marks.) because this is a hallucination by the gets $12,000. Ms. DELAURO. Mr. Speaker, over Director of the EPA of what our stand- Mr. Speaker, this is not only crazy; it 70,000 children in my home State of ards could be. It will put us out of is unbelievable and since every Federal Connecticut woke up this morning work. It will put us out of work in the agency must comply with the Uniform without any health insurance, and to- Midwest of this country. Relocation Act, who knows how often night their parents will lie awake, wor- This is not based on scientific fact. this is happening. Clearly, Mr. Speak- rying, knowing that they are one phone Information has been withheld from er, it not only defies common sense, call, one accident away from medical the committee. Chairman BLILEY re- this is a cash reward for beating the and potentially financial ruin. quested additional information. system. As we come together from both sides Take the trigger off the gun, Director Yesterday I introduced legislation to of the aisle to work on areas of com- Browner. We want our jobs. close this loophole by amending the mon ground, surely we can agree that February 27, 1997 CONGRESSIONAL RECORD — HOUSE H677 providing health care for our children this story to the widest audience posit, the current situation is unconscion- must be a top priority. Yesterday the sible is what happened the other night. able; 10 million uninsured children Democratic leaders asked the majority Those of us with compassion and feel- have to rely on emergency room treat- leadership to move the expansion of ing understood that history cannot be ment instead of their family doctor for health care coverage for children to the repeated. Only by retelling the story treatment; 90 percent of these unin- top of their legislative agenda. There can we prevent millions of innocent sured children have parents who work, are 10 million reasons why we must do victims from losing their lives again. but their employers do not provide this, for the 10 million children in this The story of man’s inhumanity to man health coverage for their children. country living without health insur- should have been the focus, not some- Mr. Speaker, I think about the par- ance. one’s prurient interest in this great ents who lay awake each night wonder- If there is one thing the American film. ing what they will do if their kids get people are counting on us to do, it is to Mr. Speaker, some apologies come sick. Caring for your children is per- make the world a better place for their too late and are disingenuous in light haps the most basic human instinct families, and we cannot have healthy of what was said. I think we need to and, as things stand now, millions of families without healthy kids. We need understand where these insensitive hard-working parents are having trou- to make health care work for all of comments come from, just as we under- ble providing health coverage for their America’s children. We must take this stand where the comments came from children. issue, make it a top priority, in this yesterday about the Branch Davidians We can help. Soon I will cosponsor a new session of the Congress. and David Koresh were innocent vic- plan that requires insurance companies f tims. They were not. They raped young to provide kids-only health plans with women. tax credits to help families pay the pre- BALANCED BUDGET AMENDMENT Mr. Speaker, I hope this pattern does miums. I believe this is something APPEARS DOOMED not continue. I think this House needs Members from both sides of the aisle (Ms. DUNN asked and was given per- to get on with the right kind of busi- can agree on. It is not a new program. mission to address the House for 1 ness, the people’s business. It is a program to help our children. minute and to revise and extend her re- f f marks.) THE BALANCED BUDGET AMEND- SUPPORT H.R. 636 TO PROHIBIT Ms. DUNN. Mr. Speaker, by any MENT AND POTOMAC FEVER CERTAIN EXECUTIVE BRANCH measure of public opinion the balanced FUNDRAISING budget amendment is one of the most (Mr. WHITE asked and was given per- popular political issues in America mission to address the House for 1 (Mr. FOX of Pennsylvania asked and today. But sadly, because some politi- minute.) was given permission to address the cians believe that it is perfectly ac- Mr. WHITE. Mr. Speaker, it looks as House for 1 minute and to revise and ceptable to say one thing at home and though the balanced budget amend- extend his remarks.) do another in Washington, DC, we have ment once again is going to fall victim Mr. FOX of Pennsylvania. Mr. Speak- a situation where the will of the Amer- to the disease that we see way too er, I rise to alert my colleagues to the ican people will be thwarted once much of here in Washington, DC, a dis- importance of H.R. 636. This legisla- again. This is the kind of thing the ease that you might call Potomac tion, which is bipartisan, would pro- American people have come to loathe fever. How do you know if you have Po- hibit from this moment forward, once about Washington, DC. This is why tomac fever? adopted, the fundraising at the White they threw out the last majority in Well, if you have wobbly knees or are House, the Vice President’s residence 1994, because they were tired of seeing weak or of faint heart, you might have or any of the retreats that are in the politicians say one thing and do an- Potomac fever. If you have a sudden executive branch. other. urge to break a campaign promise, We need this to restore confidence Mr. Speaker, it is a very sad day then you definitely have Potomac fever with the public when it comes to cam- today. The balanced budget amend- because that is what we see all too paign fundraising and as well this area ment has wide bipartisan support in much of here today. of executive fundraising. We already this body and in the Nation as a whole. This disease is not restricted to a have restrictions here in the House and But as long as the American people particular party or a particular issue, Senate on any fundraising in the Cap- keep sending Representatives and Sen- and the effects are devastating not itol. The same should apply at the ators to Congress who do still believe only on a politician’s career, that is White House. in honor, who do still believe in trust OK, but also on the sort of legislation We passed last year the gift ban. We and who do still believe in telling the that we can enact in this House. passed last year lobby disclosure re- Mr. Speaker, unfortunately with the truth, we will eventually have a bal- form. Now we need to have campaign balanced budget amendment, the les- anced budget amendment. finance reform. And H.R. 636 will be a son is very clear. The American people great part of campaign finance reform f support this amendment, our country by making it off limits to sell any part ‘‘SCHINDLER’S LIST’’ needs this amendment so we can get of the White House for fundraising, soft our budget in order. But because of Po- money or any other kind of political (Ms. JACKSON-LEE of Texas asked tomac fever, it looks like we are not fundraising. I appreciate the support of and was given permission to address going to get it again this year. That is my colleagues and look forward to its the House for 1 minute and to revise a shame, Mr. Speaker. I hope we can do passage. and extend her remarks.) it again next year. f Ms. JACKSON-LEE of Texas. Mr. f Speaker, I rise today to talk about HEALTH INSURANCE FOR some of the inappropriate actions of KIDS HEALTH CARE CHILDREN some Members of this House. I cannot (Ms. HOOLEY of Oregon asked and (Mr. BLAGOJEVICH asked and was begin to fathom why someone watching was given permission to address the given permission to address the House the Academy Award winning House for 1 minute.) for 1 minute.) ‘‘Schindler’s List’’ on television the Ms. HOOLEY of Oregon. Mr. Speaker, Mr. BLAGOJEVICH. Mr. Speaker, as other night would choose to focus their we have an opportunity to help the 10- a new father I can think of nothing attention on the harsh language or the million-plus children in the United more important than the health of our images depicted in the film rather than States who do not have health insur- children. It is immoral that 10 million the horrifying message of that film. ance. Together we can help families children in this Nation do not have the Yes; an apology was given, a little help themselves by providing parents comfort and protection of health insur- late I might add, for the Holocaust is with a tax credit that will enable them ance. one of mankind’s worst moments in to purchase health insurance for their In my State of Illinois, there are al- history and the importance of telling children. When you really think about most a half million children without H678 CONGRESSIONAL RECORD — HOUSE February 27, 1997 health insurance. Many of their par- trust of the American people in this in- PASS THE BALANCED BUDGET ents cannot afford to send them to doc- stitution, those are the priorities both AMENDMENT tors or dentists for regular checkups. parties should share. (Mr. KINGSTON asked and was given In fact, doctors never see half of unin- f permission to address the House for 1 sured children with asthma or one- minute and to revise and extend his re- third of those with persistent ear infec- marks.) tions. PASS BALANCED BUDGET Mr. KINGSTON. Mr. Speaker, as a fa- The answer is clear. Congress should AMENDMENT FOR OUR CHILDREN ther of four children I certainly share encourage the creation of affordable (Mr. SCARBOROUGH asked and was the concern that so many people have kids-only insurance plans. Right now given permission to address the House expressed about our children. That is the United States is the only major infor 1 minute.) why I am hoping that many Members dustrialized Nation whose children do Mr. SCARBOROUGH. Mr. Speaker, I on that side will join us in the passage not have a guarantee of health insur- love children. I have two children my- of a balanced budget amendment. ance. With 10 million of our children self, and I enjoy listening to politicians As we know, yesterday, because of endangered without insurance, think try to use children for their own politi- the New Jersey Senator, the balanced about it; 10 million American children cal gain, especially when it smacks of budget appears to be dead in the U.S. have no health insurance. What does it hypocrisy. Some politicians in Wash- Senate. But, as my colleagues know, if say about us if we fail to act? ington love children so much that they we are going to balance the budget we f go to them first when they want to have to have that constraint. It is the A LEGACY OF DEFENSE CUTS steal their money. This country is in same constraint my colleagues and I debt to the tune of $5.5 trillion and have in our households; it is the con- (Mr. HUNTER asked and was given guess who Senator KERREY’s commis- straints that parents have when they permission to address the House for 1 sion, a Democrat, said was going to be are saying no to their children who minute and to revise and extend his re- paying for that $5 trillion? want more of this and more of that. marks.) Mr. Speaker, the gentleman from Mr. HUNTER. Mr. Speaker, the b 1230 Florida [Mr. SCARBOROUGH] mentioned President’s defense budget is now in, earlier that if we continue on the path Senator KERREY’s commission says and he continues to slash national se- we are on, our children will have a tax curity. He has cut the Army from 18 di- by the year 2020, because of the $5.5 trillion deficit, our children will pay 89 rate of 89 percent just to maintain the visions, that is what we had during present level of goods and services in Desert Storm, to 10 divisions. Cut it al- percent of every dollar they earn to taxes to the Federal Government. America. most in half. He has cut our air power While I know there are Members of Now if these people really love chil- from 24 fighter airwings to only 13. He the House who want a brand new enti- dren, they can pass a balanced budget has cut air power almost in half. He tlement program, I think it is very im- amendment, get rid of Potomac fever; has cut our Navy from 546 ships, that is portant that we look at what are we stop promising one thing at home, what we had during Desert Storm, to going to do for tomorrow’s children. If coming up to Washington DC, doing only 346 ships. we want to help the children of tomor- something else, and start allowing our Mr. Speaker, this President wants a row, we should not enslave them with children to have the same American legacy, but if we endorse his budget on an 80- or 90-percent tax burden. Reach dream that each one of us was able to national security, his legacy will be out to them and let them share in the enjoy. that he is the President that left us un- American dream so that they can go Mr. Speaker, we need to pass it now. prepared for war. out and help another generation. f f f EXPANDING HEALTH INSURANCE INVESTING IN THE HEALTH OF FOR AMERICAN CHILDREN CHILDREN’S HEALTH CARE OUR CHILDREN (Mr. LAMPSON asked and was given (Mr. ALLEN asked and was given (Mrs. CLAYTON asked and was given permission to address the House for 1 permission to address the House for 1 permission to address the House for 1 minute.) minute and to revise and extend his re- minute and to revise and extend her re- Mr. LAMPSON. Mr. Speaker, as a fa- marks.) marks.) ther and also a Member of this body, I Mr. ALLEN. Mr. Speaker, I rise to Mrs. CLAYTON. Mr. Speaker, I want rise to add my voice to those leaders of support the Democratic leadership’s to also challenge my colleagues to my party who yesterday called upon proposal to add children’s health care begin to think that we as a Nation the majority to work in this session to- to the priorities we address this ses- have an opportunity to say that our ward expanding health insurance for sion. Today more than 10 million children indeed are important, not only American children. When we know that American children have no health in- as we want to use them to talk about 10 million American children have no surance coverage. the balanced budget or use them to health coverage, I wonder why the ma- Mr. Speaker, on Tuesday the New talk about education. But when it is jority leadership of this body needs to York Times reported that over the past said, really when one thinks of how a be asked to make this pressing need for 5 years the number of children without society reacts, it is how it takes care of American families a priority. insurance has risen twice as fast as the its children. Surely, surely, the health Mr. Speaker, our economy is chang- number of adults. Most of these are the of our young people is equally as im- ing and unfortunately too many new children of working families earning portant as the opportunity for them to jobs do not offer health insurance for between $15,000 and $45,000 per year. In pay taxes. workers’ families and workers’ chil- my State the Maine Health Care Com- Their health indeed may mean that dren. Ninety percent of these uninsured mission estimated that in 1996 36,000 we may pay less taxes if we invest children’s parents work. I was proud to Maine children had no health insurance early. Recent reports have indicated participate in the introduction of the coverage, and 91 percent of Maine’s un- that if we take care of our children families first agenda last year when I insured children live in families with early in their life, not only their car- was a candidate for this office. That at least one working parent. pentry skills but their health skills agenda addresses the real needs of our Ten million American children rely- and education skills are better. And, families and if made into law would ing on emergency room treatment in- therefore, if we invest in our children make health coverage available to stead of a family physician is wrong we have an opportunity not to have those families. Those are the priorities and expensive. We can and must do bet- such severe health costs later in life. of the people of the Ninth District of ter. This Congress should encourage So investing in our children is not a Texas and that they elected me to fight kids-only insurance policies and ex- Democratic issue, it is not a Repub- for. It may not be popular inside the pand basic Medicaid coverage to unin- lican; it should be an American issue beltway but if we want to rebuild the sured children. because we care about our children. February 27, 1997 CONGRESSIONAL RECORD — HOUSE H679 Mr. Speaker, I hope the 105th Con- about a whole lot of other things, but ment, I felt that this occasion war- gress will seriously consider what we there are ways to do this. This Con- ranted special recognition. can do to make sure the lives of our gress needs to make sure that the 40,000 Shepherd College is located in children are more healthy than they children in West Virginia and the mil- Shepherdstown, WV, on the banks of are now. lions of others across this country and the Potomac River. It is the oldest f their working parents get their due, town in my State and its history runs and that is health insurance. deep. Shepherdstown has watched its SOLVE THE HEALTH INSURANCE young men march off to participate in CRISIS f each war in this country, beginning (Mr. MILLER of California asked and ADJOURNMENT TO MONDAY, with the Revolutionary War. It wit- was given permission to address the MARCH 3, 1997 nessed James Rumsey’s demonstration House for 1 minute and to revise and Mr. ROGAN. Mr. Speaker, I ask of the steamboat two decades before extend his remarks.) unanimous consent that when the Robert Fulton. Shepherdstown also Mr. MILLER of California. Mr. House adjourns today, it adjourn to served as witness to the bloodiest day Speaker, like so many of my other col- meet at 2 p.m. on Monday next. of the Civil War, the Battle of Antie- leagues, I am deeply distressed that we The SPEAKER pro tempore (Mr. tam, which was fought less than 5 continue to live in a country as BARRETT of Nebraska). Is there objec- miles away. wealthy as the United States of Amer- Shepherdstown has indeed experi- ica and we continue to have 10 million tion to the request of the gentleman from California? enced a lot in our Nation’s history, but of our children without health cov- perhaps its proudest accomplishment erage, 1 in 7 children in this Nation There was no objection. f has been the founding of Shepherd Col- with no health insurance. Tragically, 9 lege. Shepherd College was established out of 10 of these children live in fami- HOUR OF MEETING ON TUESDAY, in 1871, when the county seat of Jeffer- lies with working parents, but they MARCH 4, 1997 son County was moved from earn too little to provide health insur- Shepherdstown back to Charles Town. ance, not only for themselves but in Mr. ROGAN. Mr. Speaker, I ask unanimous consent that when the The people in and around many instances for their children. Shepherdstown decided to use the va- There was a time 10 years ago when House adjourns on Monday, March 3, cated courthouse for a private college. children were covered by employers, 1997, it adjourn to meet at 12:30 p.m. on A year later, in 1872, the West Virginia when children were the responsibility Tuesday, March 4, 1997, for morning Legislature passed an act establishing of families working. But today as we hour debate. a school for the training of teachers in see a downsizing of jobs, a downsizing The SPEAKER pro tempore. Is there Shepherd College. of benefits, a downsizing of hours, em- objection to the request of the gen- One hundred and twenty-five years ployers are walking away from families tleman from California? ago Shepherd College consisted of 1 in terms of health insurance, and they There was no objection. building and 20 students. Today its are certainly walking away from the f campus entails over 20 buildings and children in those families that need approximately 4,000 students. The cam- health insurance. Since we debated DISPENSING WITH CALENDAR pus has grown from one single lot in health insurance issues, a million more WEDNESDAY BUSINESS ON children in this country are without WEDNESDAY NEXT 1871 to over 161 acres of land today. As the college has grown, so has its that health insurance. Mr. ROGAN. Mr. Speaker, I ask importance, not only to West Virginia Mr. Speaker, we did not solve the unanimous consent that the business health insurance crisis in this country but to our Nation as well. Shepherd in order under the Calendar Wednesday College alumni live in all 50 States of by failing to deal with it. We owe the rule be dispensed with on Wednesday children of America a much better due. our country. next. I am proud to represent such a fine f The SPEAKER pro tempore. Is there institution in this congressional dis- BIPARTISAN CONSENSUS ON objection to the request of the gen- trict. Over the years I have had an op- HEALTH CARE FOR CHILDREN IS tleman from California? portunity to work with both Shepherd NEEDED There was no objection. College, its administration and its stu- (Mr. WISE asked and was given per- f dents, and I have always been impressed with the level of dedication mission to address the House for 1 SPECIAL ORDERS minute and to revise and extend his re- they all feel to this school. I wish marks.) The SPEAKER pro tempore. Under Shepherd College, its president, David Mr. WISE. Mr. Speaker, I too today the Speaker’s announced policy of Jan- Dunlop, its alumni, its faculty and rise to urge this Congress to take ac- uary 7, 1997, and under a previous order staff, and certainly its students, every tion to make sure that the 10 million of the House, the following Members possible success in the future, and con- children in this country who are not will be recognized for 5 minutes each. gratulate them as they celebrate their covered by some form of health insur- f 125th anniversary. ance get covered. Surely this is some- Mr. Speaker, I also wish to speak CELEBRATING THE 125TH ANNI- thing on a bipartisan basis Republicans briefly today on the matter of the Air VERSARY OF SHEPHERD COL- and Democrats alike can reach consen- Force expanding its overflights into LEGE sus and agreement on. West Virginia and parts of Virginia. Because many of the cases in West The SPEAKER pro tempore. Under a And indeed it has been good to work Virginia, for instance, where the Gen- previous order of the House, the gen- with Congressman GOODLATTE of Vir- eral Accounting Office listed 40,000 un- tleman from West Virginia [Mr. WISE] ginia, Congressman RAHALL, and the insured children, quite frankly I think is recognized for 5 minutes. Senators from each of our States as we it is more than that, but in many cases Mr. WISE. Mr. Speaker, I am going have dealt with the Air Force in trying these are the children of parents who to speak on two topics today. First, to get them to review and reconsider play by the rules. They get up every Mr. Speaker, I rise today to wish a their proposal to greatly expand their morning, they drive to work, they get happy anniversary to Shepherd College number of training flights in the mili- their kids off to school, they pay their in Shepherdstown, WV, just about an tary operational area to include east- taxes, they obey the laws. They do ev- hour and 15 minutes drive from here. ern West Virginia and parts of Vir- erything right, and yet the thing that Today Shepherd College celebrated its ginia. grips their gut the most is that they do 125th anniversary with the ringing of The fact of the matter is that in a not have their children covered with the town bells that occurred at noon meeting just last week the Air Force health insurance. today. This is going to kick off a year conceded that they had not done the Mr. Speaker, that is something this of celebration. Although I cannot be at proper environmental assessment. Congress can rectify. We can argue the school today to share in this mo- They conceded that they had not taken H680 CONGRESSIONAL RECORD — HOUSE February 27, 1997 public opinion into proper review, and sponsible that in good conscience I when Mr. PAUL responded to my re- that they would now do the proper en- simply cannot remain silent. sponse yesterday in the Houston vironmental assessment. In his statement on C–SPAN’s Wash- Chronicle he accused me of McCarthy- Many of us have great reservations ington Journal yesterday Mr. PAUL ism. Mr. Speaker, I hardly believe that about the economic and environmental said this: saying that arson, rape, and murder is impact of increasing from 66 flights a I fear and there are a lot of people in this a crime in this country is anything year to over 2,200 training flights, some country who fear they may be bombed by the close to McCarthyism. He went on to only 300 feet above the mountainous Federal Government at another Waco. I defend his contention that the terrain, the impact that this would mean, these people committed no crimes. Davidians had committed no crimes. have on our very prosperous poultry in- Mr. Speaker, it is astounding to me I would challenge the gentleman dustry and livestock industry. There that a member of this Federal Govern- from Texas [Mr. PAUL], to meet with are additional impacts, as well. ment, a Member of this Congress, me in the well of this House during spe- The Air Force also has conceded that would say publicly that he fears being cial orders and let us debate this. I be- it did not do a good enough job in com- bombed by the Federal Government. lieve good people of good will, both Re- municating with the public, and indeed My fear is that kind of statement made publicans and Democrats alike, who it did not, and that they will be, short- by a public official of this Congress look at the statements of the gen- ly, announcing meetings to occur in simply expands the hysterical paranoia tleman from Texas will see that they Pendleton County and presumably in of those around this country who were irresponsible and dangerous to Virginia, as well. Indeed, I will be might be hiding in their closets think- have been made by a public Member of meeting today with representatives of ing that the Federal Government is this House. the Air Force to press this case. somehow going to bomb them in the f The reality is, the best proposal sanctity of their private homes. SALUTE TO THE BIG 10 CHAMPION would be one in which they either re- I think that is sheer lunacy, at best. MINNESOTA GOLDEN GOPHERS visit the whole idea completely, or ac- At worst, it could create and engender tually reject it and consider expanding the kind of hatred toward our Federal The SPEAKER pro tempore. Under a the training flights they are doing in Government that leads to tragedies previous order of the House, the gen- the existing training area where it has such as that we all sadly witnessed in tleman from Minnesota Mr. RAMSTAD] long been conducted. Oklahoma City. is recognized for 5 minutes. Second, as the Member of Congress Mr. RAMSTAD. Mr. Speaker, it has b 1245 who represents Waco and the Waco been a long, hard winter in Minnesota, So for these reasons, I hope that the area, and as someone who watched and with record cold temperatures and Air Force will continue to look at this, followed very carefully the proceedings snowdrifts so high they obscured barns to reevaluate. Certainly we have and the tragedy of the Branch Davidian and houses. But last night, the Univer- pushed off any effective date signifi- compound, I must say that I am as- sity of Minnesota men’s basketball cantly. It does call for a fair environ- tounded that the gentleman from team warmed the heart of every Min- mental assessment. It does call for pub- Texas [Mr. PAUL], a Member of this nesotan as the Golden Gophers won lic opinion and public comment. Most House, would say, despite all of the their first Big 10 Conference Champion- importantly, it calls for a complete re- facts on the table, would suggest that ship since 1982. view and reconsideration of what I con- the Branch Davidians and David Minnesota, hats off to thee. sider to be an ill-founded proposal, and Koresh committed no crimes. Today, we salute Coach Clem I will work to see if we can get the Air At best, that is flat wrong and denies Haskins and his 1997 championship Force to agree with that opinion. the fact and reality. At worst, it is a team as well as the assistant coaches, f misrepresentation intentionally of managers, training trainers, and the what was done there. best fans anywhere in the Nation. We The SPEAKER pro tempore (Mr. Let me say what the facts were. The are Big 10 Champions and proud of it. BARRETT of Nebraska). Under a pre- facts were that David Koresh raped a Mr. Speaker, last fall none of the ex- vious order of the House, the gen- 10-year-old girl. We heard that dra- perts picked our Golden Gophers to win tleman from Virginia [Mr. Wolf] is rec- matic testimony of that girl, now 14, the title, but they persevered. They ognized for 5 minutes. just a few months ago in the Halls of won the close games. They personified Mr. WOLF addressed the House. His this House. teamwork. They fought back. They remarks will appear hereafter in the Fact: The Federal officials who went stuck to the game plan. They listened Extensions of Remarks.] into that compound found 48 illegal to their coach, Clem Haskins. f machine guns and illegal hand gre- One night this week, Coach Haskins nades. told the story on the local television TAKING ISSUE WITH COMMENTS I would suggest to the gentleman news of running into a woman in his MADE BY FELLOW MEMBER OF from Texas [Mr. PAUL] that the posses- neighborhood grocery store. This CONGRESS sion of 48 illegal machine guns and ille- woman was accompanied by her young The SPEAKER pro tempore. Under a gal hand grenades, I would suggest son in a wheelchair. Clem could hardly previous order of the House, the gen- rape, arson, and murder are a crime in speak as he recounted that woman’s tleman from Texas [Mr. EDWARDS] is the book of every American family, if words to him in that grocery store: recognized for 5 minutes. it is not a crime in the book of the gen- ‘‘Your basketball team has totally cap- Mr. EDWARDS. Mr. Speaker, in my 5 tleman from Texas. tured my son’s attention,’’ she said. years at this House I have very rarely I think these statements, Mr. Speak- ‘‘The Gophers have inspired my son to come to the well of this great body to er, deserve a response to the people of walk one day.’’ criticize the comments of one of my Waco, to the people of Mr. PAUL’s dis- Fighting back tears, Coach Haskins colleagues. I have great respect for the trict, and to the people of this country. told the reporter: ‘‘That’s really what bipartisan and diverse views of all I would like to hear him explain his the world is all about, if you can give Members of this House, and their right comments that he lives in fear of the people some hope.’’ to express the views and concerns and Federal Government bombing him, and Coach Haskins, you and your team ideas of the people they represent in I would like to hear him explain how, have given us hope, and a whole lot their respective districts. despite all of the clear facts, the facts more. But once in a while, a Member of this that the Branch Davidians lit the fires Under Clem Haskins’ guiding hand, House makes a comment that is so ir- that killed, tragically, those children this marvelous mix of young men has responsible and so outrageous that I near Waco, I would like to hear him ex- rewritten University of Minnesota bas- simply cannot remain silent. Yesterday plain away those facts. ketball history: one of my colleagues from Texas, the Instead of saying, perhaps I made a The first Big 10 title in 15 years, only gentleman from Texas, [Mr. PAUL] misstatement, or I apologize for what I the third conference championship in made a statement that I feel is so irre- said, or I did not intend to say that, the past 60 years;. February 27, 1997 CONGRESSIONAL RECORD — HOUSE H681 A school record for the number of INTRUDER DAY Particularly if one Member is going victories in a single season, 25 wins, The SPEAKER pro tempore. Under a to use the name of another Member, it with three regular season games and previous order of the House, the gen- is usually comity on the floor of the the NCAA tournament remaining. tleman from Virginia [Mr. PICKETT] is House to at least inform that Member The school’s highest national rank- recognized for 5 minutes. that you are going to talk about him ing ever, No. 2 in both major polls. Mr. PICKETT. Mr. Speaker, tomor- on the floor of the House, and give that The best road record in memory. row the Navy honors the retirement of Member the opportunity to respond to Undefeated at home, in the ‘‘Barn’’, an old friend, the A–6 Intruder. Attack what is going on. our beloved Williams Arena. Squadron 196 and Attack Squadron 75 I feel that what is going on between the two gentlemen from Texas is unfor- And, if justice prevails, a No. 1 seed will stand down the final two Intruder squadrons in simultaneous ceremonies tunate. I would hope that particularly in the NCAA tournament. on the eve of trying to bring comity to Coach Haskins, now in his 11th sea- at Whidbey Island, WA, and Virginia Beach, VA, respectively. the House and the Members going to son at Minnesota, has mentored hun- Hershey, PA so we can bring a little bit dreds of true champions. Not all of As the backbone of carrier attack aviation for the past 36 years, the A–6E better discourse to the floor of the them have won Big 10 titles, to be sure, House, getting to know each other, but they have been winners in the Intruder stood ready to deliver its for- midable payload in any weather, day or that we would find it within the cour- classroom and they have been winners tesy afforded to each Member to at in our community. night. The A–6 put teeth in the term ‘‘carrier forward presence.’’ It saw least talk to the Member. Coach Haskins, who served as assist- combat in Vietnam, Lebanon, Libya, in b 1300 ant coach of the 1996 men’s Olympic the waters of the Arabian Gulf, and basketball team, has assembled a very Now, I do not know, all I have seen is over the shores of Kuwait and Iraq. It special group of young men in this the reports in the press on this inci- delivered iron bombs, laser-guided championship season. They all deserve dent. But I would just hope, I see the bombs, and every air-to-ground missile a tribute for the way they came to- gentleman from Texas is on the floor available in the Navy inventory for the gether to surprise the experts and win now. I appreciate him coming down to past three decades. the Big 10 title. the floor of the House because I did in- The Intruder was never the prettiest form him that I was about to talk All Big 10 guard Bobby Jackson, who plane on the flight deck, but it was al- ranks among the big 10 leaders in about him. I just ask the gentleman ways the hardest working. The pilots from Texas to realize the tradition of steals, assists, scoring, free-throw per- and bombardier/navigators who flew centage, field-goal percentage and re- the House and the courtesy of the the Intruder affectionately referred to House, to extend the courtesy to a bounding. its Grumman ironworks origin. Some Minnesota’s other guard, Eric Harris, Member, let him know that you are swore the aircraft was made of solid going to talk about him before you are the defensive specialist and most im- steel. Whether the shells and missiles proved player on offense, to be sure; going to come down to the floor. it faced flew from Hanoi or Baghdad, Mr. EDWARDS. Mr. Speaker, will the Eric provided the steady leadership many an A–6 returned to the carrier gentleman yield? only a 3-year starter can. full of holes, but ready to see combat Mr. DELAY. I yield to the gentleman Minnesota’s own Sam Jacobson, a soon after a few steel patch jobs. from Texas. constituent of mine, one of the great We also honor the thousands of In- Mr. EDWARDS. Mr. Speaker, I appre- natural talents, with the long, arching truder maintainers, both past and ciate the gentleman’s suggestion. I outside shots which broke open so present, who kept this 18-ton bombing think the distinguished whip, for whom many close games. And John Thomas, machine flying day and night, at sea I have great respect, knows that in my another native Minnesotan, of the in- and ashore. Foreign terms such as fly- history in the House, I have not been side force, whose key rebounds and by-wire and heads-up display never the type of Member that has gone out clutch free-throws also won so many passed the lips of these hardworking and taken gratuitous partisan shots. I nail-biters this season. men and women. Metal, pulleys, oil, am one who will attend the bipartisan The other big man in the middle, and hydraulic fluid kept this archetype retreat and am encouraging other Courtney James, a major factor in this of attack airborne. Members to do that. I want to bring ci- glorious title run, with his strong re- Finally, let us remember the In- vility to this House. But I must in all bounding and scoring in the paint when truder crews who never returned. In honesty say to my friend from Texas we needed it the most. service to our Nation, they paid the ul- that, as the Representative that cov- But perhaps the team’s greatest timate price flying this machine that ered or represented the people of the asset, Mr. Speaker, is its bench, the they loved. We miss them still, and will Waco area to whom the Branch players who accept their backup roles never forget them. From this day on, Davidian tragedy is a very deep and and come through in the clutch: Quin- the Navy must continue to carry on personal issue, I simply could not sit cy Lewis, with his amazing shooting the spirit of Intruder attack. Whenever back and quietly accept the statement touch; Trevor Winter of Slayton, MN, the Navy rolls in hot, a bit of Intruder that was made yesterday. And I found with his rebound and baseline jumper; history rolls in with it. out about and saw the tape last night, sophomore Charles Thomas, a south- f the statement of the gentleman from paw whose specialty is the 3-point Texas [Mr. PAUL], lives in fear that the bomb, and who always comes through EXERCISING COMITY ON THE Federal Government is going to bomb when we need it the most; Miles FLOOR OF THE HOUSE them similar to Waco and that these Tarver, another sophomore whose leap- The SPEAKER pro tempore. Under a people committed no crime. I would ing ability ruled the boards when the previous order of the House, the gen- welcome the opportunity to talk to Mr. other players’ legs had tired; freshman tleman from Texas [Mr. DELAY] is rec- PAUL and encourage a public debate on guard Russ Archambault, who provided ognized for 5 minutes. that. fans with many thrills with his speed, Mr. DELAY. Mr. Speaker, I am a lit- Mr. DELAY. Mr. Speaker, I would ball handling, and his slashing style on tle out of breath because I had to run just ask the gentleman, did the gen- the court; also Jason and Jermaine down to the floor. I witnessed, as I was tleman call Mr. PAUL to ask him about Stanford and Aaron Stauber, who work watching my television, what was the context with which that statement so hard every day. going on on the floor, a very unfortu- was made? Or did the gentleman just Yes, Coach Haskins, you and your nate situation, and had I been here I go out and make statements based team have put Golden Gopher basket- would have probably attempted to take upon what he saw in the press? Or did ball back on the map. Congratulations, down the words of the gentleman from the gentleman from Texas see the pro- Minnesota, on winning the Big 10 Texas [Mr. EDWARDS]. He was attack- gram on which the words were spoken Championship, and best of everything ing another gentleman from Texas. I by Mr. PAUL? The reason I am close to the rest of the way. Go, Gophers. think it is really unfortunate. the Chamber is we were having lunch, H682 CONGRESSIONAL RECORD — HOUSE February 27, 1997 and Mr. PAUL was very disturbed that me from the minority communities in supporting H.R. 811, the Patent the gentleman from Texas had made over the years and have expressed to Term Restoration Act, and opposing these kinds of comments. He left the me that law enforcement is attacking the Steal American Technologies Act, lunch to go call the gentleman from them in a different way than they H.R. 400. Texas so that you get together and would be attacking people in the ma- Mr. Speaker, I believe when the talk this out. As we were leaving the jority Caucasian community. I have to American people understand this move lunch room, we found that the gen- admit some of the times I have dis- by the multinational corporations to tleman was down in the well of the missed some of those criticisms. But I diminish our patent rights in order to House attacking one of his colleagues will have to admit also that there are create a global marketplace, the people from Texas. some things that have happened in re- will rise up. They will call their Con- Mr. EDWARDS. Mr. Speaker, if the cent years that have sort of given me a gressman and they will call their Sen- gentleman from Texas is watching different point of view to take some of ator to ensure that, if you want a glob- now, I would welcome him to come to those charges a little more credibly al market, do not do it by diminishing the floor of this House. I will be glad to and to listen to them and to think the guaranteed rights we have had stay here. maybe there is something to these since the founding of our Nation and I think this is an issue that should criticisms. that has ensured us to be the techno- receive a public debate. I think the So let us hope that in things as vola- logical leader of the world. public has a right to know why he fears tile as this, where life and death mat- This is a big fight. It is the little guy the Government is going to bomb him ters are being discussed, we do main- versus the big guy. But also when we and why he thinks David Koresh and tain a civility. have a debate like this, it is important his Branch Davidians committed no One major issue that is going to be for us to sit down here and slug it out crimes. He may be offended by what I happening here in Congress and we are on the issues. In this particular case, said in response to his comments. I am involved in right now deals with the should we have a guaranteed patent more offended by what he said. I think patent issue. I am fighting a major term, H.R. 400, the Steal American rape, arson, and murder are very seri- fight along with 50 other Members of Technologies Act, says no. Should we ous crimes. I did see the program be- the House who have cosponsored my have the right of confidentiality so fore I made the comments. bill to maintain a guaranteed patent when a man submits a patent, whether Mr. DELAY. Reclaiming my time, term for the American people and to it is confidential, H.R. 400 says no, they Mr. Speaker, the gentleman is a friend ensure that our patent rights are not are going to publish it for the whole of mine. I think it is unfortunate that diminished in order to create some world to see. we are even having this conversation. global trading system. Some people Should we have a strong working Because at least the Texas delegation want to create a global trading system patent office as part of our Govern- has always been able to speak to each at the expense of the rights of the ment, which H.R. 400 would other privately. And if they could not American people because they think corporatize. resolve their differences, they always, everybody is going to be better off be- Defeat the Steal American Tech- they could take the opportunity of cause of it. That is their point of view. nologies Act, H.R. 400. Support H.R. going to the press very seldom. In fact, The American people better under- 811, the Patent Term Restoration Act. I do not even remember in the 12 years stand that we have got these globalists f I have been in the House that a Mem- who are trying to eliminate the right, BALANCING THE FEDERAL ber from Texas attacked another Mem- certain patent rights that the Amer- BUDGET ber from Texas from the well of the ican people have enjoyed since the House. I appreciate the time. founding of our country. H.R. 400 is a The SPEAKER pro tempore (Mr. COL- f bill that is coming through Congress LINS). Under a previous order of the right now, I call the Steal American House, the gentleman from California PATENT TERM RESTORATION ACT Technologies Act, which greatly dimin- [Mr. ROGAN] is recognized for 5 min- The SPEAKER pro tempore. Under a ishes the patent rights of the American utes. previous order of the House, the gen- people and thus in the long run will Mr. ROGAN. Mr. Speaker, I rise tleman from California [Mr. make America technologically inferior, today in support of both the balanced ROHRABACHER] is recognized for 5 min- undercut our prosperity, and our na- budget and the balanced budget amend- utes. tional security. ment. It is important to distinguish be- Mr. ROHRABACHER. Mr. Speaker, Our technological superiority is what tween those two subjects because often just to add a little bit or shed a little has made us a prosperous and secure in our debates in the House, we confuse bit of light on this, we have a wide di- country. I am asking my colleagues to the two. versity of opinion here in the House of join me in cosponsoring H.R. 811, which We really are talking about two indi- Representatives just like in the United is my bill to restore the patent rights vidual issues. First, are we going to States of America. We have a wide di- of the American people, and to oppose have a balanced budget? Second, are we versity of opinion. That is one of the H.R. 400, the Steal American Tech- going to write in the Constitution the great strengths of the United States of nologies Act, which, among other obligation of the Federal Government America. things, get this, H.R. 400 does this: to do what virtually every State in this I see my friend, the gentleman from mandates that every patent applica- country has to do, and certainly every New York [Mr. SERRANO], over there. tion, whether it has been issued or not, family in this country must do? We have a lot of disagreements, but we will be published for the entire world I was touched a few minutes ago by know that we can respect each other’s to see after 18 months. the litany of speeches from my col- opinion even though we have some That means every copycat, every one leagues on both sides when the subject mighty differences of opinions. I hap- of America’s competitors and adversar- of children was brought up. As the fa- pen to agree, interestingly enough, I ies will have every one of our secrets, ther of two 4-year-old twins who are happen to agree that some of the all the details. They will probably be sitting at a television set not too far things that happened in Waco, TX, and into production of our new technology from this Chamber listening to their some of the actions taken by the FBI ideas even before the patent is issued father’s maiden speech on the floor of have been very questionable and indeed to our own inventors. This is lunacy. this House, I certainly am very proud would make honest people worry some Yes, some people have a right to the to be a dad, and am moved as a policy- about what is going on in the FBI. Ex- other opinion because maybe it is a maker to do what is good for my chil- pressing that should be no reason, and good thing in order to create a global dren and the children of our country. for other people to sort of think that market, but they are trying to create a But as proud as I am to have my 4- that is sort of an oddball opinion. That global market over the well-being and year-olds able to watch me as a Mem- is not an oddball opinion at all. prosperity of the American people and ber of the House address this body I think we can respect each other, for diminishing the rights of the American today, I take no pride in the fact that I know that some people have come to people. I ask my colleagues to join me on the day they were born 4 years ago, February 27, 1997 CONGRESSIONAL RECORD — HOUSE H683 they inherited almost $175,000 in taxes we need to place that obligation in the Con- Democrats immediately set about to that they will have to pay over their stitution. This is why I rise in support of these build on the momentum the passage of lifetime as their portion of the na- two worthy measures, and urge my colleagues the Kennedy-Kassebaum bill created by tional debt. This is because we have to join me in supporting them. pushing for legislation that would failed as a nation to balance our budg- f make health care available to every et. child in this country. Children born today and children b 1315 There are now about 10 million unin- born tomorrow will have an even high- REPORT ISSUED ON ARTS AND HU- sured children in the United States. To er amount of debt that we will impose MANITIES IN THE UNITED combat this problem, Democrats incor- upon them if we fail in our obligation STATES porated a children’s-only health care as policymakers. plan into their family-first agenda. The What is the effect of this great debt The SPEAKER pro tempore (Mr. COL- plan was not only developed because that we keep accumulating year after LINS). Under a previous order of the Democrats believe our children deserve year? The effect is that more and more House, the gentleman from California better health care, it was developed be- of our tax dollars that could be going [Mr. CAPPS] is recognized for 5 minutes. cause of the recognition that today it for important services such as public Mr. CAPPS. Mr. Speaker, our former is increasingly harder for even those safety, hospitals, infrastructure, Medi- colleague, Dr. John Brademas, has is- parents with jobs to secure health in- care, Social Security, and some of the sued a report on the condition of the surance for themselves let alone for key programs that we support on a bi- arts and the humanities in this coun- their children. partisan basis, will be drained. A great- try. I want to thank Dr. Brademas and Unfortunately, we have not made any er percentage of what we send to Wash- the committee and the support they progress on this issue because the Re- ington is going to go to pay the inter- have received from President and Mrs. publican majority has refused to allow est on the debt rather than to serve the Clinton for this very thoughtful, excel- our plans to move forward. We are 2 people that we have been elected to lent report. months now, 2 months, into the 105th represent. Truly, the strength of our country is Congress, and the Republicans who are I heard a number of speakers a few dependent on the way we engage edu- the majority do not have anything of minutes ago in this body talk about cation and the way we give responsible major importance for the Congress to the fact that our national debt today is cultivation and stewardship to the arts consider. Unlike Democrats and the over $5 trillion. I suspect there are very and the humanities. I urge that this re- President, they do not have a plan to few Members of this body who know port be taken seriously and that Con- ensure that all children have access to how many zeros go after the ‘‘5’’ to gress give proper support to two super- health care nor do they appear to have make so great a number. But here is a lative agencies, the National Endow- any intention of letting our plan move very cogent example: If a person ment for the Arts and the National En- forward. opened a business on the day that dowment for the Humanities. The American people sent us here to develop legislative solutions to societal Christ was born almost 2,000 years ago; I think that our vitality as a Demo- problems, such as providing health care and if their business skills were so ter- cratic society, as a learning society, is to uninsured children. Every day we rible that on that first day they lost $1 dependent upon the respect we exhibit waste is a day another sick child goes million; and if every day thereafter for our cultural arts, our literature, without health insurance and we can- they lost $1 million to the present day, our historic records and the other prod- not continue to let this happen for we would not even hit 1 trillion dollars. ucts of the creative spirit. I commend moral as well as financial reasons. Yet we as a nation are now laboring Dr. Brademas and the committee for this report and I urge my colleagues in A couple of days ago I brought the under almost $5.5 trillion worth of House’s attention to a report that was debt. What does that mean in real the House of Representatives to support its recommendations. issued by the New York City public ad- terms? It means that every single day vocate, Mark Green. It basically talked f that the sun rises on this building, the about the growing number of New American taxpayers are forced to pay HEALTH INSURANCE FOR Yorkers who are living without health $750 million in interest on this bur- AMERICA’S CHILDREN insurance. geoning debt. I know today that I am joined here The SPEAKER pro tempore. Under One of the bipartisan things we have on the floor with one of my colleagues the Speaker’s announced policy of Jan- been able to agree on is that we will from New York, Mr. SERRANO. The re- uary 7, 1997, the gentleman from New balance the budget by the year 2002. If port, as the New York Times put it, Jersey [Mr. PALLONE] is recognized for we pass a balanced budget in this Con- quote, is filled with disturbing infor- 60 minutes as the designee of the mi- gress, we will not have a balanced mation that has implications for the nority leader. budget in 1997. We will not have one for entire country. 5 more years. Mr. PALLONE. Mr. Speaker, over the We are going to be talking with my As of today, America has not had a last couple of years congressional colleagues from New York and from balanced budget in 28 years. Now we Democrats have been focusing their at- Texas about this report this afternoon. are talking about having our first bal- tention on addressing some of the most And although it does deal with New anced budget after 33 years. important health care challenges fac- York City, I need to stress that the What would it take for us as a nation ing this country. Last year Congress phenomena and the conclusions and to pay off this debt? We would not only took a small but important step in the findings that it comes to really apply have to have a balanced budget, we right direction when it passed the Ken- all over this country, to every State would have to balance it to the point nedy-Kassebaum health insurance re- and every city. where we had a $200 billion surplus. Not form bill. Because of that bill, citizens With respect to children, the report for 1 year, not for 2 years, but for al- who change jobs will continue to re- found that between 1990 and 1995, the most 30 years. ceive health coverage, insurance com- proportion of uninsured children in We have not balanced the budget in panies may no longer deny individuals New York City rose 6 percent. In 1990, almost 30 years. We would have to not health coverage when they switch jobs 14 percent of children had no health in- only balance it, but have a huge sur- due to preexisting medical conditions. surance. By 1995, that figure was 20 per- plus every year for 30 years to pay Although congressional Democrats cent. One out of every five kids in the down this debt. And I use that example were happy to see Republicans join us largest city in the country has no just to accentuate how much we owe as in passing this important piece of leg- health insurance. a nation and how we cannot continue islation, we did emphasize at the time Overall, the report found that the to allow this debt to cripple our chil- of the bill’s passage that we believed number of uninsured children under dren’s and our grandchildren’s future. much more needed to be done. And as a age 18 in New York City rose from We owe it to future generations to be re- result of this belief and as a result of 277,500 in 1990 to 323,800 in 1995, a one- sponsible. We need to pass a balanced Fed- the GOP’s refusal to consider any other sixth increase, more than twice the in- eral budget. To insure it remains in balance, health issue other than portability, crease in the adult population. H684 CONGRESSIONAL RECORD — HOUSE February 27, 1997 The trend is particularly distressing dren are at the mercy of their society. tion our elected officials make public when it is recognized that not only was We are in this society what we do for statements, we seem these days to Medicaid expanded during the same pe- children. That is who we are. We are want to attack people from certain riod to include more children, but that people who either take care or do not communities. As I said before, one of New York State has an insurance pro- take care of children. And we have a the communities we attack is the poor. gram for children as well. Its own in- report that says that there are that This one should be an easy one. This surance program. And despite that, the many children throughout the Nation, one should be one that no one should number of uninsured children contin- 10 million American children according be politically uptight about. ued to increase. to the chart that is next to the gen- I do not know a community in this This report underscores the need to tleman from New Jersey, 10 million country that would be upset if Con- expand, not decrease, the accessibility American children. gress tomorrow did something about of health care to children. In short, it Now, what is interesting about that insuring children. If a community got underscores what congressional Demo- statement is it does not say 10 million upset, then there should be a study crats have been saying since last year: children throughout the world. That is about what is wrong with that commu- that portability is good but it is not bad enough. It does not say, which nity. There cannot be an American enough. We need to build upon the Ken- would be also very bad, 10 million chil- family who would want for a neighbor’s nedy-Kassebaum amendment by adding dren in the Third World countries, the child anything less than the basic a children’s-only health program. underdeveloped countries, 10 million health care needs that they would want Before we can do that, I have to children in one country, it says 10 mil- for their own family. stress we must convince the Repub- lion American children. And yet, as the So I would hope that today’s special licans to let us move forward. Yester- gentleman states, we cannot get our order begins to put forth the notion day, Democratic leaders DICK GEP- colleagues on the other side to move on that there are some things that we do HARDT and TOM DASCHLE sent a letter the issue of full coverage for all chil- because they sound good politically, to the Republican leaders NEWT GING- dren. and there is opposition we take on is- RICH and TRENT LOTT once again asking Now, this problem not only affects sues because it is a good political them to join the Democrats on making children, it affects the whole family. stance. But this is good for our coun- progress on this issue. We hear a lot these days about family try, this is good for humanity, this is I think the New York City public ad- values, about how families should do good for children; and we should attack vocate’s report illustrates just how im- for themselves. Well, there are some this problem soon and attack it like we portant it is to begin the process of things that families cannot do for have attacked no other problem. passing a children’s-only health bill. themselves. No family, except for Mr. PALLONE. Mr. Speaker, I want to thank the gentleman and I particu- Considering nothing, which is what we maybe one-half of 1 percent in this Na- larly appreciate when he began and are doing here every day, day after tion, can pay the amount of money it talked about this notion that I think day, and adjourning, in this case today takes to go into a hospital or to get we do hear down here from time to at 12 noon, especially with the problem health care. That is why we have insur- time, that somehow it is your own growing, as plans to confront it sit on ance companies. And that is why we fault. In other words, the reason why the shelves collecting dust, I believe, is have insurance plans, and that is why irresponsible and inhumane. you do not have health insurance or we have government subsidized plans. I hope the Republicans accept our in- the reason why your children do not is When we have 10 million children, vitation to move forward and deem the because it is your own fault and you and that many children, a figure that issue of providing health care to our have not done something about it. continues to go up in New York City children worthy of congressional atten- I think this New York City report by and other places throughout the Na- tion. I do not think it is too much to the public advocate really belies that, tion, that are not insured, we have a ask and I, for one, and I know my col- because it points out that the over- serious problem that affects the whole leagues will continue to be here every whelming majority of the uninsured, family. day over the next few months until we not only children but adults, everyone, Picture, if you will, the next study, see the majority take some action on are working people. And that, in fact, which should be of all the children that this issue. many of them are, or a significant per- Mr. Speaker, at this time I want to are not insured; how many, because of centage, are actually working in large yield to my colleague from New York, related issues to not being insured, corporations. miss X amount of days from school? Mr. SERRANO. So these are people that are working. Mr. SERRANO. First, Mr. Speaker, I How many of those children are attend- These are people, in some cases, that want to thank the gentleman for puting school in physical conditions that are working more than one, two, or ting together this special order today they should not be in? What is that even three jobs, and yet their employer to discuss such an important issue. doing to their ability to learn; to read does not provide the health insurance I must say, as the gentleman has well and write, to do their work? What ef- and they do not have the option be- pointed out, this is a very disturbing fect does that have on the family; the cause they cannot afford the health in- situation, disturbing because on this tension in a family? How many fami- surances. floor we take great pride, and we lies have to worry about money in this Quickly, and I am quoting from the should, on a daily basis, in the fact we country and that strains their relation- summary of this New York City report, live in the country we do live in. With ship at home? How many have to deal it says the majority of uninsured New that, we understand that there are with problems of drug addiction and Yorkers work. One-half of New York some problems we have yet to solve, that strains the relationship at home? City’s uninsured residents between the but there are some basic problems that Perhaps one of the studies should be ages of 18 and 64, because, of course, I think we should have solved a long how many of the families that are not after 65 you have Medicare, they had time ago, and for some reason we con- insured, how many of the families who full-time jobs in 1995. And among unin- tinue to have these problems. have children that are not insured have sured 35 to 53 years old, 62.8 percent Lately, these problems have been this extra added strain on their rela- were employed full time. compounded by the fact that there is a tionships in the home? And so to speak Interestingly enough, again the unin- feeling that somehow if you are not about family values, and to allow 10 sured are employed in both large and getting certain care in this country it million children to be uninsured, is small companies. While nearly 30 per- is your own fault; that you somehow really something that is hard to fully cent of New York City’s uninsured created this problem on your own. understand. workers were employed in companies After all, what we have been hearing One last point before I turn the with 10 workers or less in 1995, a large lately is if you are poor, it is because microphone back to the gentleman percentage, 22 percent, had jobs with somehow you do not get off the chair from New Jersey. companies with a thousand or more and do something about your problem. Mr. Speaker, every time that we employees. Well, now we are talking about chil- speak in these Chambers, and on so So the bottom line is what is happen- dren specifically in this report. Chil- many talk shows throughout this Na- ing not only in New York but across February 27, 1997 CONGRESSIONAL RECORD — HOUSE H685 the country is that more and more peo- our American children, we do not have benefits. Fewer than one-half of New ple, even if they work for large cor- to point to the east coast, we do not York City residents now have private porations, they simply have taken have to point to the west, we can point health insurance, and most uninsured away health insurance and they are to the United States of America. You families in New York make between not providing it to their employees. So can find uninsured children throughout $15,000 and $45,000 a year. this is something that is happening the United States. This is a global When I was in local government, one across the board for working people problem, as the gentleman from New of the things that saddened me was our primarily. So that whole notion about York [Mr. SERRANO] has said, but it is inability to serve our children. This it is your own fault is just not the case. certainly a national crisis when 10 mil- number in Texas would be higher if I I want to yield now, Mr. Speaker, to lion children are not insured. And you gave you the numbers of those who the gentlewoman from Texas, who I can look at Oregon and Montana, you were not covered by Medicaid and also know is very concerned about chil- can look in Louisiana or Alabama, Mis- those who could not get the basic, what dren’s issues in general. sissippi. In Texas alone, 1,352,894 chil- we call well care coverage. What does b 1330 dren are uninsured. These children are that mean? Most of us recognize that a child does not date or time his or her Ms. JACKSON-LEE of Texas. Mr. under the age of 18. And so we really have a key respon- illness. So they could be 51⁄2 or 6 years Speaker, I thank my colleague from sibility to move forward. Sixty percent old, you can be sure you will be taking New Jersey and I appreciate his leader- of the insured children have a parent them to the doctor. ship. I am delighted to join my friend Well, we were faced in local govern- the gentleman from New York [Mr. working full time. More than 90 percent of uninsured children live in fami- ment with eliminating what we call SERRANO], speaking about some ex- lies without working parents. Let me well care coverage for our children, tremely important issues, because I meaning that children who were de- think the value of our special order and correct that. Sixty percent of the uninsured children have parents that are pendent on Government assistance this discussion is to indicate how far could not see the doctor past age 5. We reaching this problem is. We are talk- working. This is truly a responsibility that I think must be heard throughout had no money to give anyone so that ing about New Jersey and New York, these children could go and have regu- and I am 3,000 miles away in Texas and these Chambers. The gentleman from New Jersey [Mr. lar appointments beyond the age of 5. have discovered that this problem is We call that well care treatment for extremely prevalent in the South and PALLONE] and I were talking today about the responsibilities we have to our children, preventative health care. in the West. I want Americans to understand that But we need to put a face on this our constituents. We were discussing legislation that we were drafting on be- when we uninsure 10 million children, question, so that we can say to those of what that means is that we open our- us who have the responsibility to ad- half of our constituents. I think it is important that as the agenda moves selves up to epidemics, we open our- dress the 10 million children that are selves up to a contagious outbreak, we uninsured, we must put a face on this through term limits, I do not know how many citizens are concerned about open ourselves up to not being able to issue and we must frankly say to those prevent children from having the dis- who would stall this very important that, some other issues that seem like they are not having the success of eases that would interfere with their issue, you can run but you cannot hide. education and their quality of life. being placed on the agenda of the floor And I say that because there is a face So I would simply say that we have a of the House, would it not be very sim- to this. challenge today. We have an adminis- Angela Pollatos of Washington ple to immediately begin hearings, im- tration proposal that proposes $3 bil- Heights in northern Manhattan is typi- mediately begin putting on the floor of lion a year to provide health insurance cal of those who have lost insurance in the House the legislation that is so im- coverage, but it covers only 5 million the last 5 years. She was cited along portant to be able to stem the tide of children. We want to move forward on with this New York City report. Her this tragedy? Ten million uninsured that. But I want us to recognize that husband is a painter who made $30,000 children. we have 5 million children left that we Let me also emphasize something last year. This is a working family. His must address as well. company, however, does not offer that I think might have been high- I certainly will be supporting and health coverage. How many Americans lighted earlier by the speakers. His- working with the proposals that have can tell us that same story time after panic children comprise a dispropor- been offered that cover 5 million chil- time after time? Are they taxpayers? tionate share of uninsured children. dren, to work to ensure that 13-year- Yes. Are they homeowners or renters? Over 25 percent of Hispanic children olds, 250,000 of them eligible for Medic- Yes. Are they paying their bills? Yes. are uninsured, along with 15 percent of aid for the first time, are covered. But do they have health coverage? No. African-American children and 11 per- We want to bring down teenage preg- Three years ago when Mrs. Pollatos cent of white children. nancy, I think that is extremely impor- was working the family bought private I say that not to separate us but to tant. We want to extend health insur- insurance through a Government sub- bring us together, to realize that for ance coverage for 6 months to unem- sidized program. Remember, now, some folk who may have been thinking ployed parents, and we also want to bought, was not given. But the pre- it is not me, I do not have to worry make sure that we find all the children miums are rising quickly and when she about it, this attacks all of our chil- that are not on Medicaid, to make sure stopped working after the birth of a dren. We do not have the numbers for that that occurs. son, the family could no longer afford the emerging and growing Asian popu- I simply want to say to the gen- the program. Now, someone is probably lation, but certainly we realize that tleman from New Jersey [Mr. saying, ‘‘They didn’t budget, they that is growing as well. PALLONE], in terms of the importance didn’t put their moneys together.’’ Twenty-four percent of New Yorkers of this issue, that the question of tim- I want you to be able to understand. have no health insurance, up from 20.9 ing is important. Every day that we They tried buying insurance but were percent 5 years ago. The proportion of waste, this map will never change. This discouraged; $500 a month was the New York City’s children who are unin- map continues to reinforce the lack of cheapest insurance. This is a young sured rose to almost 20 percent in 1995, insurance, the lack of accessibility of family that is trying to survive on up from 14 percent in 1990. medical care for our children. Let me $30,000 a year, living in, I know what It is important, as I said, to note that simply raise a question with you. my colleague might say, certainly in a we have real problems in the South and As we fought so hard last year to State that has certainly increasing the West, but this report out of New stop the drastic and draconian cuts of costs and responsibilities, but these are York was very eye opening. It is impor- Social Security, or SSI, I am facing working people and you can see that tant to note that about 22 percent of right now in my district numbers of and they could not afford $500 per the uninsured work for companies with single parents whose children received month, and I think that is important. more than 1,000 employees, contradict- SSI for a number of disabilities. They When we begin to look at the insuring the conventional wisdom that large could have been autistic, they had ail- ance, or the uninsurance if you will, of companies usually offer comprehensive ments that categorized them as being H686 CONGRESSIONAL RECORD — HOUSE February 27, 1997 mentally challenged. Those children So clearly we are not getting the is not even reported. In other words, right now do not have services. Unin- message out, and we need to. We need the figures that our colleague from sured children likewise face not having to make our colleagues on the other Texas is looking at on that map have the appropriate counseling services, side understand that this is a most im- to be based on some reporting that was not dealing with some of the mental portant priority but we are not there actually done, and I would suspect that illnesses that face our children, that yet. there are a lot of people, legal or other- could be treated to give them a better I yield to the gentleman from New wise, people that were born in the quality of life. York. United States, who simply do not even My question to you is how much Mr. SERRANO. Mr. Speaker, I thank get reported, so I suspect that the fig- more do we have to document? How the gentleman. One of the interesting ures are much larger and there is no many of us will have to continue to things about this whole issue is that as question that they are growing. confront these tragedies in our commu- my colleagues know, in many instances Mr. SERRANO. The gentleman is ab- nity? How many of the members of the on these kind of issues the leadership solutely right. I happen to know for a New York community, this family that comes from the White House, sort of fact in my district that the poorer the I have just mentioned, Pollatos, who emanates from the White House, and person, the less likely they are to get did not have the dollars to pay $500 a Congress reacts to it. In the past the counted in the Census. The Census does month, will have to continue in order White House did not speak, prior White not speak about anything other than for us to be able to come to a biparti- Houses did not speak the issue of counting people who live within this san approach, and I would like it to be health care coverage. country. bipartisan, dealing with the 10 million This White House did, and it was ridi- b uninsured children of working families, culed for a plan that some people did 1345 poor families, that do not have the not agree with. But the intent, rather So if that is true and we know that is ability to access health care? than negotiating the plan, the intent a fact, then the gentleman is right. The My question to you is, where are we was to stop the whole notion of cov- numbers there, the 10 million stagger- going, and how many times will we erage, universal coverage for everyone. ing number, could be higher. Because if have to rise to the floor, how many And so now we find out that because of a significant number of those folks fall numbers and statistics will we have to that lack of action and the inability to within the poor category, and as the give? I see my good friend from New follow up on the family values agenda, gentlewoman from Texas well pointed York who is certainly aware of these which also should deal with this issue, out, it covers all people throughout the problems, how much longer will we you find, for instance, that the number society, people who are working, people have to tolerate this condition for our keeps growing. A few years ago the who are laid off for a while, but the children? number we threw around was 34 to 36 ones at the lower rung of the ladder Mr. PALLONE. Let me say, and I million Americans were not covered. would not go out and report, there may think that basically our colleague from be no way to find out, and that number New York has addressed this, that I The figure being dealt with now is 40 may continue to increase in a country think the problem with the other side million Americans. I would also like to ask the gen- where this should not be happening. of the aisle, the Republicans, is that tleman from New Jersey to tell me if I Before I yield, I just would like they are following this philosophy that am wrong on this issue, because he has maybe to take this time to ask some- somehow it is the people’s fault, it is been excellent on the issue of finding a thing that may sound a little dramatic, their own fault. If you are faced with these over- fair immigration reform program in but there are millions of American whelming statistics that show you not this country, and coming from New families who tonight will come home only that there are 10 million Amer- Jersey and coming from New York and and there will either be a spouse there ican children that have no health in- from Texas, immigration is an issue. or there will be two spouses coming surance but that the numbers continue But is it immigration reform with a home from work, and throughout the to grow every year and it is working heart, immigration reform without a night there is the ‘‘Turn off the TV people who are trying to make ends heart? Am I correct in suggesting, and set.’’ ‘‘Did you do your homework?’’ meet, the only conclusion I can draw is I ask the gentleman to comment on ‘‘Let me help you with your home- that you somehow, and I think many of this, that as we move to take benefits work.’’ ‘‘Turn off the Nintendo set.’’ my colleagues on the other side have away from legal immigrants, we are Maybe I am repeating my last night’s convinced themselves that somehow it now going to increase that number statements, but my colleagues know is not something that they can deal that we see on this chart above the 10 this whole thing that we go through with, it is the people themselves that million children, or are those figures with discipline and love and affection, have created the problem. There is just that we are dealing with these days al- and yet many of those families know no truth to that, no basis to that. ready taking into account the possibil- that they do not have this problem. One of the things that is most upset- ity of all these folks that will be taken Perhaps as they are putting their chil- ting to me, and I will mention it brief- off the benefits, incidentally in many dren to bed tonight, perhaps as they ly and then maybe yield to the gen- cases, for people who are interested, are turning in for the night, they real- tleman from New York, is that when when you talk about people under 65, ize that as bad as they have it in terms the Republican leaders of both the you are not talking about people who of tensions, living in this society, they House and the Senate met with Presi- were here for the last 20 years, worked, still have something other families do dent Clinton just a few weeks ago to paid taxes, and so one issue seems to not have. try to come to agreement on priorities, jump on top of the other one. Am I cor- But maybe that is a sign of grateful- even though the President said em- rect that this will actually increase ness for what they have been provided phatically in his State of the Union ad- these numbers? with, we have been provided with, that dress and provided in his budget mes- Mr. PALLONE. I think the gen- they take a few minutes and write a sage to provide for a program that tleman is absolutely right. For exam- letter to their Member of Congress and would cover at least half of these 10 ple, in referencing the New York City their Senator and say: ‘‘You know, I million children and said he wanted ac- report, I would take note of the fact just put my child to bed, and I know if tion on that in this Congress, the Re- that the last year that we were making he is sick tomorrow I can take him to publican leadership refused to make reference to was 1995, well before any of a clinic or to a doctor.’’ that one of their priorities, so that these changes in the laws with regard But there are 10 million children or these task forces or groups that were to immigration would take effect. So more whose families cannot do that, set up to try to move legislation there is no question that taking more and there are 40 million Americans who through Congress on a bipartisan basis people off the rolls as a result of those cannot do that, and we are not talking do not include children’s health insur- immigration policies would impact the here about a rip-off, we are not talking ance, do not include the President’s numbers and create more uninsured. here about a giveaway, we are not talk- proposal, because the Republicans said I would also suggest, again here I am ing here about corporate welfare. We that that was not a priority. speculating, that a lot of the problem are talking here about basic human February 27, 1997 CONGRESSIONAL RECORD — HOUSE H687 needs, and maybe tonight Americans too, over the Republican leadership’s 1, the children’s hospitals in our com- will take some time to write a letter to failure to make health care for chil- munity, certainly the Texas Children’s a Member of Congress and say: ‘‘If this dren a priority. It should be a priority, Hospital, I know that we can name so is correct, and I believe it is, do some- and we certainly have enough time on many others, keep their doors open as thing about it. This is not something I our hands. best they can. am upset about. I will not hold you I am a freshman. I was sworn in on I know that we have had cir- negatively accountable for providing January 7, and we really have not ac- cumstances where we have that great health care for 10 million children.’’ complished a great deal in these first 50 tragedy of drive-by emergency rooms, Mr. PALLONE. I appreciate the gen- days. We have the time. We spent an where they just cannot, because of ca- tleman’s comments, and I just wanted entire day on term limits, 12 votes on pacity, take in more children. Why is to say, if I could just follow up on one term limits. Term limits may be an that? Because an epidemic of measles thing he said before, I am an advocate, important issue to some, but I got to has broken out, because an epidemic of as the gentleman has indicated he is as tell my colleagues it is not as impor- small—not smallpox but chicken pox well, of universal health care. I believe tant as children’s health care, and we has broken out. Thank goodness we very strongly that—and I did believe need to do what we can to raise the have overcome that. But just think of when the President 4 years ago came pressure, to try to get the Republican the times we have had these sort of forward and said this is the issue, No. 1 leadership to follow the President’s epidemics, and therefore the hospital issue that we must deal with, and we lead in making health care for children or facility is filled beyond capacity. have to make sure that every Amer- a priority. Part of the reason that this has come ican has health insurance. I believed The gentleman mentioned preven- about is the very statement the gen- that. tion. From a fiscally conservative, dol- tleman just made. We have not had the However, we know and the gentleman lars and cents point of view, prevention kind of preventive health care, and I mentioned that, politics being the way is very, very important. We save would like to add to his story that he it was in the last 4 years, we really re- money. If we invest in health care for has just given, an ounce of prevention alistically, politically realistically, our children now, it means we are is worth a pound of cure. cannot envision this Congress moving going to have healthy adults, means we And so I would like to add, to those toward a universal health care system. are going to be able to control health who would be calling upon the need for So we did last Congress at least address care costs in a more reasonable and ef- health insurance to cover all of these the issue of portability and preexisting fective fashion. children located across the Nation, our conditions. So just from a purely dollars and medical professionals, our pediatri- The reason I believe that children’s cents point of view, forget the moral cians, our facilities that deal with chil- health and covering children is the arguments and whether it is the right dren. They most of all know the seri- next step in this sort of piecemeal ap- thing to do, and we all know that it is ousness of the need for having children proach that we have to follow because the right thing to do, we save money. have preventive care, and I would like of political realities, is because not We should be ashamed of ourselves, to just bring a point to my colleagues’ only of compassion which we all share with the greatest country in the world, attention: for children but also because it is do- the richest country in the world, and Studies have shown that the major- able. If we look at the actual costs, it yet 10 million of our children that we ity of uninsured children with asthma is cheaper to insure children than it is know of—and my colleague from New never see a doctor. How many of us are for the adults or their parents. And York is right, it is probably much more aware of asthma but do not realize that from a prevention point of view it than that, but we know at least 10 mil- it can be deadly, and that the survival makes the most sense because if we— lion children in this country do not of a child and the child growing into we are all advocates of preventive care, have health care coverage and we need adulthood is the fact that they have but preventative care is so important to do something about it. good constant care? And many of these for children, because if they do have So I just wanted to come on the floor asthmatic children are later hospital- proper health care in the early years, here and express my gratitude to all of ized with problems that could have that prevents a lot of things happening my colleagues for raising this issue. It been averted with earlier intervention. later that are more costly and cause is an important issue, and I hope that I have seen parents of children with more damage to them later in life. we will be able to do something about asthma. Asthma has been in my fam- So it is a logical extension. Even if it in this session. ily, though I have been very lucky that one does not believe that everyone Mr. PALLONE. I want to thank the my children did not come down with it, should be covered or it is the govern- gentleman for his contribution and ap- but I have seen what asthma can do. ment’s responsibility to do that, at preciate him participating in this spe- We do not think of it sometimes as a least understand that this is the next cial order, because I know that in his debilitating disease. It is a chronic dis- logical step. I think maybe that is State in particular many efforts have ease. To think of children with asthma what we can get across to our Repub- been made to try to expand health care not being able to see a doctor. lican colleagues. It has not worked so coverage. But, as we noticed in this Maybe we are more sensitive to a far, but maybe that is how we can em- New York survey, even with the States broken leg or an injured arm, but real- phasize it as the next step. going out of their way in many cases to ize children who suffer every day with I would like to yield to the gen- expand coverage it still—we still see an these sort of ailments, children who tleman from Massachusetts. actual decline in the number of in- need—as I said earlier, I do not want to Mr. MCGOVERN. I just briefly want sured. deemphasize the importance of chil- to commend the gentleman and my I yield to the gentlewoman from dren who need counseling, and of other colleagues here for raising this Texas. course that is another subissue of this issue, for highlighting this important Ms. JACKSON-LEE. I thank the gen- whole question of being insured. But issue of children’s health care. It is a tleman from New Jersey, and I am glad many of those that would be covered very important issue. We hear it every as well that the gentleman from Mas- would be psychologists or psychia- time we go back to our districts. sachusetts has joined us, and I would trists. Those children, too, could be In my district in Massachusetts there like to maybe expand, Mr. SERRANO, healed with the kind of insurance that is not, literally not a day that goes by the gentleman from New York’s, call. I we would have and be allowed to secure when I am there, when I am not ap- think I would not put it as a pitch but a better quality of life. proached by a parent who is concerned a call to families who, although they I would simply say to the gentleman about the fact that they do not have face their daily responsibilities, can from New Jersey [Mr. PALLONE], I hope health care for their children. They ex- count their blessings. people understand that what we are press also their frustration that, given I would like to acknowledge and pos- talking about is the quality of life for that reality, why is not Congress doing sibly add to that the many children’s our children that many of us have been something about it? And I have to say hospitals around the Nation. First, I able to garner through hard work, of that I want to express my frustration, would like to thank them. I think 2 to course. But these innocent children, H688 CONGRESSIONAL RECORD — HOUSE February 27, 1997 who come into this world certainly not there are solutions, and as we men- take their children, say, to age 10 or 12 of their own accord, but we are blessed tioned before, in many ways this is an for well care, that is, all the preventa- that they are here, they are uninsured easy problem to solve. It just takes the tive measures, to ensure that they and not able to take care of the ill- will, in this case, of the Republican have all of the immunizations. nesses that face them every single day. majority to bring this bill or some- We have treated immunizations in I think it is important, again, that thing like it to the floor. this country as crises. That means we this House gets down to the people’s There are really a lot of ways of will have big campaigns, we will go out business and works on behalf of our looking at this, but in the case of the with vans. We have not gotten the children by passing this legislation New York public advocates’ report, mind-set of parents and the availabil- both sponsored and supported by the they actually advocate two things ity where, on a regular ritual, those President, many of our colleagues. Cer- which I think I favor, and maybe I parents who do not have regular physi- tainly leader GEPHARDT and minority could mention one other thing that cians or pediatricians still are getting leader DASCHLE were calling for this to they did not mention. their children immunized; certainly move quickly. I hope that we can hear One is, they suggest essentially ex- our school districts, our work, but our a date for this to be on the House floor panding the Medicaid program to cover health clinics certainly should be a posthaste. people at higher levels; in other words, component of the well care. We are not Mr. PALLONE. I appreciate that. Medicaid now may take in people at 100 asking them to treat the emergencies, Mr. SERRANO. Just as my colleague or even 200 percent of poverty, but not chronic illnesses, but if they are a com- was speaking, I was reminded of the above that. Also, New York State, from ponent of delivery of health. fact that just this week the New York what I understand, and maybe my col- And I can hear a lot of them right State Health Department came into league from New York would be more now say in horror, we do not have the my congressional district or a certain familiar with it, has a State-developed money. But I think as we look as a na- part to do a special study on why that child health plus insurance program tional body about how we reach out, I part of New York City has a higher that essentially goes beyond Medicaid. would assume my colleague, the gen- rate of asthma attacks than anywhere The State subsidizes it, but it takes in tleman from New York, has several else in the city. people who would not normally be eli- city health clinics and he might hear And, as the gentlewoman said, this is gible for Medicaid. And most ap- the same thing, they are overloaded, but they are still accessible to our in many cases a silent situation be- proaches to expanding health care cov- communities, along with—let me add cause people take it as something: erage for children that I have seen ei- that I think I would like us to consider ‘‘Well, I have heard about it. It does ther approach it by expanding Medicaid school-based clinics where children go not affect me. It is not a broken leg,’’ or looking at some other government most of all. as she said. ‘‘It is not something I can subsidized, usually nonprofits program see every day. I do not see it in the I would like to say, we may cause a that would cover people that are not on great deal of furor here on the floor of subway.’’ We see somebody short of Medicaid. breath or something in the subway in the House, but I would like to literally b 1400 New York, and we assume it is what- ask Americans to send us their stories. Tell us what is going on out there. We ever, they were running down the The third arm of this, though, that is all know what is going on in the 18th stairs to catch the train because they not mentioned by the public advocate, District in Texas, in New Jersey and in were going to miss it. at least to my knowledge, but I think So this itself starts me thinking how is just as important, is outreach, be- New York. But I would like to hear the stories much of an implication this has on this cause what the public advocate in New of Americans, the parents and guard- whole study that will be conducted now York City actually identifies is that ians of these 10 million children, the there are a number of people that are in my district. It would just seem to grandparents, who equally are eligible for the Medicaid Program or me that the last call that we can make custodians of these children, who for eligible for the child health plus pro- here is to say we have been hearing a several reasons would not have access gram that are not using it. lot of statements about family values, to health insurance for these children. So I think whatever we develop has I repeat once again. We want to hear your stories. This is a family values issue, but it is to have an outreach program, because Maybe that, along with stories from an issue of how much we value fami- there are a lot of people who are not pediatricians and others, would be able lies. And if we value families, then we taking advantage of existing programs, to help build the argument, if you will, must value the health care provided for for whatever reason, either because for the immediate response to try to the children. We cannot on one hand they are not aware of it, or if you talk come up with legislation that will expect families to behave in a certain about children, if their parents are not cover these children. very nice, humanitarian American aware of it, they cannot take advan- I hope that the question of reaching way, humane American way, and then tage of it. out will be addressed, as I said, by em- at the same time have 10 million-plus I do not know if she wants to talk a bellishing local city health clinics, giv- children, families who are going little bit about this, but I yield to my ing them the resources they can treat through that situation, who face that colleague, the gentlewoman from in preventative care up to age 10 or 12, on a daily basis, cannot react to every- Texas [Ms. JACKSON-LEE]. that we can look at school-based clin- thing else in society the way we expect Ms. JACKSON-LEE of Texas. I think ics. That is where parents and children them to. the outreach is key. That was certainly go. And so I would hope that we see this part of the administration’s proposal, Certainly I would like to ensure that in fact as a family values issue, an to find individuals who could comply or we reach out to those who are eligible issue of how much we value families, meet the criteria of Medicaid who have for Medicaid and cannot get it. Thank and solve it. We can. We have the abil- not been aware of it, and would cer- goodness we did not block grant, some- ity. All we need is the word from the tainly be able to secure that coverage. thing we fought so very hard against. A other side and it can happen, it can I would like to add another piece for lot of people do not even understand happen soon. thought. Certainly I know we will hear when we say block grant, but that is a Mr. PALLONE. I think the gen- from many of our local governments fight we may have to see again; where tleman is absolutely right, and that is that they are overburdened, but many there is a need, we may be able and why this is a important part of the of our cities have city clinics, and one should be able to serve Americans. And Democrats’ ‘‘families first’’ agenda. of the aspects of their service is what I that was not the thrust of block grant- What my colleague pointed out, described as well care. That is preventing; that was to cut off moneys. We though, if I could follow up—and we ative care. fought hard, the Democrats did, have I guess about 15 minutes left, and I think if we can find some aspect of against that. Now we have another we do not have to use the whole time our legislation that would cover that cause that can be bipartisan from the for our one hour—but if we could just aspect of treatment, where parents of very start, to be able to work with 10 focus a little bit on solutions, because certain eligibility could continue to million uninsured children. February 27, 1997 CONGRESSIONAL RECORD — HOUSE H689 Mr. PALLONE. Mr. Speaker, I am not want to end this hour having peo- available, accessible, and affordable for all of glad the gentlewoman brought up the ple say sure, they brought up the prob- our children. community-based health clinics. I have lem, they did not offer a solution, the I am concerned that many of my colleagues some in my district, as well. The prob- solution is 200 million Americans, 99 have dismissed these children as the offspring lem, of course, they face is scarce re- percent of whom are not wealthy peo- of the same disadvantaged persons that they sources. In other words, increasingly ple, are covered under existing plans. It condemned last year during the welfare de- the amount of money that has been is now a matter of finding out how do bate. If that was an accurate characterization made available to them has dwindled. we cover the other 40 million, how do of America's uninsured children, I would beg That is another reason why we see the we take care of people who may be un- you not to blame a child, for their parents' mis- ranks of not only the uninsured but employed, and how do we especially fortune. even people who have access to health take care of children. But it is not an accurate picture, and so in- care, because they are really dealing I would end today, again, by calling stead, I say you are wrong. Nine out of ten with the uninsured in many cases, but on Americans who may have health in- children who are without health coverage have the access becomes more limited as re- surance, who may have a difficult, at parents who work. Nearly two in three of these sources become scarce. times, life, but most of the time can as children have parents who are employed full- I yield to the gentleman from New our colleagues said, count their bless- time during the entire year. Two-thirds of York, [Mr. SERRANO]. ings, to reach out to their Members of these children live in families with income Mr. SERRANO. I thank the gen- Congress and say that this is not some- above the poverty line and more than three in tleman, Mr. Speaker. thing that can go on. Let us do some- five live in two-parent families. My colleague, the gentlewoman from thing about it. Let us expand existing It is clear that these children are not unin- Texas makes an interesting point. That programs. Let us find solutions to this sured because their parents are not unem- is, we should deal with the issue of pre- problem. ployed. Instead, most of these children are vention. You know, we Americans are Once again, I thank the gentleman without coverage because their parents work really a very strange group of people at from New Jersey for bringing forth this for companies who have cut health coverage times. Who would not think of taking issue today. This is one that I think for children or who offer no health coverage at their car for an oil change or doing it really begins to speak to what this all. Each year since 1989, 900,000 fewer chil- themselves? There are some Americans Congress should be about. If this Con- dren have received private health insurance who run the car into the ground, but gress and this society cannot take care coverage. In other words, every 35 seconds 1 most Americans know they have to do of its children, then it will not take less child is privately insured. Without private insurance, millions of work- this. They either do it themselves in care of anything else in this society. their driveway or somewhere, or they Mr. PALLONE. I agree, and I want to ing parents who labor to support their families take it to a place to have it done. That thank the gentleman. I know we are cannot afford to provide health coverage for their children. The cost of health insurance is understood. winding down. But the whole idea of taking a Ms. JACKSON-LEE of Texas. Before when not purchased through an employer is human being at the age of under 10 to we close, let me thank the gentleman often prohibitive. So while Medicaid helps our a clinic to get some preventative as well for gathering us together on poorest children, and more affluent families health care, some wellness care, is be- this special order, and hopefully our can afford private coverage, millions of working parents in the middle cannot provide cov- yond our scope of thinking. Yet, at the voices were heard in this Chamber as erage for their children. end of the game when we talk about my good friend, the gentleman from Insurance coverage is critical to the health dollars and cents, as the gentleman has New York, has said, on behalf of the of our children. Children without health insur- so well pointed out, and the gentle- children and the solutions that we have ance coverage often do not receive necessary woman, we are saving lots of money by offered. We can get busy right now and treatment services or even the most basic going in the area of prevention. So I get moving on an ounce of prevention care. Medical expenses are sufficiently high would hope that in this package, and I that will certainly create the wall that generally their financially burdened par- agree, there has to be something that against the pound of cure that we may ents will delay or forgo needed pediatric pre- perhaps begins to tell us about the area face with children who have not had ventive or medical care. of prevention. health care for all of their childhood. Some examplesÐstudies have shown that As far as solutions, what is really sad I thank the gentleman very much the majority of uninsured children with asthma about this whole argument is that the and look forward to working with him. never see a doctor. Many of these asthmatic solution we already have. The bad news Mr. PALLONE. Mr. Speaker, I want children are later hospitalized with problems is that 40 million Americans are not to thank both of the Members, and that could have been averted with earlier inter- covered. The good news is that if you again issue our challenge to our col- vention. One-third of uninsured children with do quick math, over 200 million Ameri- leagues on the Republican side of the recurrent ear infections do not see the doctor cans are covered. Therefore, under ex- aisle. and some later develop permanent hearing isting plans, through expansion and Once again, I think we had one vote loss. Many children with undiagnosed vision with the desire to do so, you can invent today on the Journal, on the Journal of problems cannot even read a blackboard. Fi- ways and bring about ways of covering the previous day, and no other legisla- nally, studies show that children without insur- the other 40 million. So we do not have tive business, and it is only Thursday. ance do not receive adequate immunization, to reinvent the wheel. What we have to I personally, and I know all of us, are have higher rates of visits for illness care, and do is simply look at what we have now getting frustrated coming down here have more frequent emergency room visits. and use it as the existing solution to day after day and not really doing any- It is obvious that to deny children health move on to cover other people in the thing. care coverage, denies them the opportunity to area where we should not allow dispar- This is an issue, children’s health lead healthy lives and to reach their fullest po- ity between different folks. care, that needs to be addressed imme- tential. We, in this Congress, have a respon- Because in other parts of the society diately. We will continue to call upon sibility to ensure that all children have these we have these problems and we have to our colleagues in the Republican lead- opportunities. We must commit ourselves to deal with them on a daily basis. The ership on the other side to address this coverage for every American child and prom- fact is that most likely the people that issue this Congress, and as soon as pos- ise to leave no child behind. are on that chart will also be the peo- sible. f ple who will have less access to a com- Ms. JACKSON-LEE of Texas. Mr. Speaker, puter in the home than other people in I rise today to voice my concern for the 10 mil- THE IMPORTANCE OF THE this society. We know that. But this lion children in our Nation who are without BALANCED BUDGET AMENDMENT one is a basic right at this moment health care insurance. I am here to urge each The SPEAKER pro tempore. Under a that people all deserve and we should and every one of my colleagues to work to- previous order of the House, the gen- be dealing with. ward guaranteed access to health care for all tleman from South Dakota [Mr. So the solution, in answer to your children. It is time for us to make America's THUNE] is recognized for 5 minutes. question, which is an interesting point children and their health and well-being our Mr. THUNE. Mr. Speaker, yesterday you bring up, because we certainly do highest priority. We must make health care I was on the floor talking about the H690 CONGRESSIONAL RECORD — HOUSE February 27, 1997 importance of a balanced budget for our grandkids. So as we continue to Mr. Speaker, in the last Congress I amendment. Much to my chagrin, engage the debate in this town and introduced a constitutional amend- there was an announcement yesterday around this country, and as I traveled ment. I introduced a constitutional that probably certainly weakened the in my State of South Dakota for 9 days amendment which would allow for a effort for a balanced budget amend- last week, I had the opportunity to procedure where voters could recall ment in the Senate. raise this issue and to talk about it and their elected officials. So far in this In 1969, if you read the newspaper, its importance. Congress, I have not reintroduced that you probably would have read about One of the questions that was repeat- bill. But yesterday I decided that it Charles Manson. The number one song edly asked was what about Social Se- was again time to perhaps make a few was Simon and Garfunkle’s ‘‘Mrs. Rob- curity, because they had heard a lot of modifications to facilitate that proc- inson.’’ The Mets won the World Series. radio ads that had been running in my ess. But it is time to reintroduce the I was an 8-year-old boy growing up in State by opponents of a balanced budg- bill that allows public citizens, it al- western South Dakota and had the op- et amendment attacking me for my lows the citizens of this country to portunity to watch on a black and vote on it. hold their elected officials accountable white television, Neal Armstrong take The point I come back to is if we do for the promises and the commitments one giant step forward for mankind by not do something to balance this coun- that they make during an election. walking on the Moon. try’s budget, and if we do not impose Over the last few days, we have seen Little did I know at that time that the discipline necessary to do it, not where individuals who campaigned and that was the start of our taking one only is Social Security jeopardized, but were elected during the campaign proc- giant step backward fiscally, because so is every other Government program. ess made a series of promises and com- 1969 was the last time that Congress The only way we can protect Social Se- mitments to the voters that said, if I and our country has been able to bal- curity for the long-term and make it a am elected, this is what I will stand ance its budget. program that is there not only for to- for. This is what I will do. And these It occurs to me, it has been my long- day’s seniors but for tomorrow’s sen- are the kinds of actions that you can held belief that every generation of iors is to pass a balanced budget expect me to take as your elected Rep- Americans has an appointment with amendment. resentative. destiny. For my grandfather who came So, as I heard and listened to the dis- It appears that too often that is all to this country from Norway back in cussion that was held last week in my they are, is campaign promises. They 1906, it was to help build America. He State of South Dakota about this are a great way to get a vote, but when warked on and helped build the rail- issue, I kept coming back to the same they get to Washington, they all of a road that went across our State of point. That is that as a young 8-year- sudden decide that maybe it is a lousy South Dakota. Later he went on to be old in western South Dakota in 1969, I way to govern. Well, it is about time in the hardware business. that voters started to recognize and For my father, his appointment with had no idea of what was about to begin. But for the past 28 years, we have accu- have the opportunity to tie candidates destiny was to defend America. As a to their performance, that when they decorated World War II fighter pilot, mulated and amassed in this country $5.3 trillion in debt, or $20,000 for every run a campaign, they see a direct link when the call came for him to defend between what an individual promises in America in World War II, he was there. man, women, and child in America. a campaign and what they do once they I believe that for this generation of I am calling on, today, hoping that get here. And that when they fail to Americans, it is our responsibility to our colleagues on the other side of the preserve America for the next genera- Capitol, when this vote comes up next see that link between a campaign and a tion. I think we are failing in our duty week, will look into their hearts and performance, rather than just having and the obligation we have to make see if this is not the right move. It is to stand back and say, there is nothing this a better place for the next genera- not only the right move, it is the only that I can do about this, there is noth- tion of Americans. move if we are to preserve a future for ing that I can do about somebody that When it comes time to vote on a bal- our kids and for our grandkids. I voted for, somebody that I supported anced budget amendment, the issue I hope we will have the opportunity because they said they were going to really is about our future and what will in this House, if the Senate goes first do these things and then they go to we do for our children. A lot has been and votes and will approve a balanced Washington and they do something made, there are a lot of distractions budget amendment, that we can do it else. They now will be empowered with and diversions in this whole debate in the House and make this a better a tool that says, you said you were about reasons why we do not need a place for the next generation. going to do that and you got to Wash- balanced budget amendment. But the f ington and you decided that something fact remains that 1969 is the last time else was going to happen and that your ANNOUNCEMENT BY THE SPEAKER that Congress has had the political will behavior was going to move in a dif- PRO TEMPORE to submit a balanced budget and to do ferent direction. what is right for the future of this The SPEAKER pro tempore (Mr. COL- Well, as a voter in your State, I now country. LINS). The Chair reminds Members to have the opportunity to say I voted for If we look at where we are today and refrain from references to Members of you because this is what you were the burden we are passing on, the leg- the other body urging action by the going to do and, now that you have deacy we are handing on to the next gen- other body. cided to do something else, I would like eration of Americans, in my view it is f the opportunity to clarify and to hold immoral, it is wrong. We have an op- you accountable for breaking the EDUCATION portunity this next week to vote to do promises and breaking your commit- something that will be meaningful. It The SPEAKER pro tempore. Under ment to me. It is time that the Amer- is the most important vote I think that the Speaker’s announced policy of Jan- ican people or at least the States in we will cast for the future of our coun- uary 7, 1997, the gentleman from Michi- this country, it is time that the States try. gan [Mr. HOEKSTRA] is recognized for 60 had the opportunity to design a mecha- I am hopeful that we will see, when minutes as the designee of the major- nism which will more effectively and the Senate votes on this next Tuesday, ity leader. more immediately allow the citizens to that there will be some of the people, Mr. HOEKSTRA. Mr. Speaker, today hold their elected officials accountable. some of the Democrats who are cur- I continue my series on talking about It is unconscionable that we keep rently opposed to it, perhaps one of the what works and what does not work in finding individuals on key issues who two from my State of South Dakota, education and why it is such a needed say one thing and do another. We are who will come forward and recognize focus. But before I do that, I just have going to have a voter empowerment. In the importance of this important move a few miscellaneous comments on some the States it is commonly known as to the future of this country. issues that have been in the news over the ability to hold elected officials ac- We cannot afford to continue to the last couple of days that I would countable through a recall mechanism. mortgage the future for our kids and like my colleagues to be aware of. We will have a recall bill. I urge my February 27, 1997 CONGRESSIONAL RECORD — HOUSE H691 colleagues to take a look at it, to take you go forward and take a look at edu- we are taking a look at what works a look at what is fueling voter cyni- cation funding, that you continue to and what is wasted. cism and to say, yes, let us give the fund remedial education. We need Fed- Why do we have to take a look at voters one more tool to hold their Rep- eral remedial education dollars to be what is working and what is wasted? resentatives accountable. successful. We know there is a problem. Some peo- On another topic that again fuels You sit back and say, now, what do ple would say, well, why are you re- cynicism in Washington, last year we you mean by remedial? Remedial edu- viewing this at all; the Federal Govern- had a very critical debate on partial cation. Somebody that has been ac- ment should not be involved in edu- birth abortions. It would be nice to be- cepted into your institution of higher cation. That may or may not be a cor- lieve that what we debate here on the learning, what are you teaching these rect argument. That is not the argu- floor and the information that we re- kids, what do they need remedial edu- ment that we have in front of us today. ceive is accurate. However, we now find cation in? Are you trying to teach The argument that we have in front of that an abortion rights doctor admit- them more complex writing skills, us today is that this town, Washington, ted to lying about the frequency of par- more complex math skills, what are DC, with this Department, the Depart- tial birth abortions. He said, I lied you teaching them? They said, no, ment of Education, and 39 other agen- through my teeth. It is a form of kill- when these kids are graduating from cies, has a tremendous impact on edu- ing. You are ending a life. Went on to high school and, of course, many go on cation at all levels in our Nation. This say that this was used not only in rare to college, they cannot read or write at town, these bureaucrats, run 39 dif- cases, it was used more frequently, an eighth grade level. Excuse me. They ferent agencies. This town—and these that it was not only used on situations cannot read or write at an eighth grade bureaucrats who are very good people, where the fetus was in distress but was level? they are knowledgeable people, but used on healthy women with healthy They get into college and they want they are asked to administer through children. Based on that kind of testi- more remedial education dollars. As a 39 different agencies, we ask these peo- mony, President Clinton vetoed our college president, have you ever ple to administer 760 programs. legislation to prohibit this gruesome thought about going back to your high Remember what these people do and act. So I am hopeful and anxious that schools and trying to find out what is they are matched by their counterparts we will revisit that issue based on this going on in the high schools that at the State level and at the local new information. maybe we could teach them reading level. It is all good people with good in- I also could not help but just find the and writing and math and when they tentions trying to do the right thing, irony that we as a society, as we focus go through high school rather than try- and what they are doing is they have on the right to kill unborn children, ing to deal with it when they get to all got a stack of paper. They are all the headlines this week were, we are college. processing paper, which means that trying to find ways to clone sheep at In Washington, DC, we have decided dollars go to processing paper and em- the same time and on the same page, that it is necessary to take the elected ploying people. It keeps the dollars according to the headline, morning- school board and replace them by an away from the classroom because re- after pill receives FDA approval. The appointed administrator. Why? Be- member, every time we create one of FDA has also moved forward aggres- cause these kids are getting the lowest these 760 programs, we have to let peo- sively. Abortion bill accord clears way test scores in the country. We are fail- ple know that these programs exist. So for sales, RU–486. ing the kids right outside of this build- we have got a bureaucrat who designs So as we are cloning sheep, we keep ing. It is not an issue of money, $8,300 the brochure that says, here is the pro- trying to come up with more innova- per student, and they get the lowest gram and here is who might qualify. At the other end of the communica- tive ways to take the lives of the most test scores and some of the lowest test tions pattern, we have got another bu- defenseless in our society, the unborn. scores in the country. reaucrat that gets the brochure. They We have gone so far that environ- In my own State of Michigan our read the brochure and say, we might mentalist groups in this Nation score Governor has proposed taking over a qualify for this program. Let us get votes against abortion. They score number of school districts because we some more information. Maybe let us votes in favor of protecting the unborn are failing the kids. I asked the Gov- even get an application. Let us fill out as a vote against the environment be- ernor, I said, what makes you think the application. It goes into the pile of cause they identify the greatest danger that as a Governor, removed from the paper. They fill out the application. to birds and their habitat is more peo- local situation, you can do a better job of educating these kids than what the They send it back to a bureaucrat in ple. So a vote for the unborn is now a Washington who reads it and says, local school board can do? And the dis- vote against the environment. It is in- well, I have got a whole stack of appli- appointing fact is, and he is probably teresting to see how these debates and cations. I am going to have to sort right, he said, I cannot do any worse. these issues are being structured in our through who gets what and how much. When you have got 2 or 3 kids out of 250 society today. Eventually they will decide. They send But let us move on to education. kids who are passing a proficiency test, the money back. Education is a critical issue in this Na- increasing that to 4 or 5 is a significant tion today. We have gone through a se- improvement but it is way below what b 1430 ries of what we call lessons learned, is acceptable in this Nation. The person says, ‘‘Well, I am getting what are we learning about education. We know that, as we take a look at the money. Now what stack of paper We are going through a process which education, as we have gone around the says what can I do with it?’’ Of course, we call education at a crossroads. I do country, as we have been in east Har- they have to fill out papers sending not think there is much doubt that lem, New York, as we have been in Chi- back to Washington saying, ‘‘Here is there is a widespread belief that we cago and we have been in Los Angeles what we did with it.’’ That gets back to have to take a look at what is going on and Phoenix and Napa and towns in my Washington and somebody has to read in education in our country. own district, we know that, No. 1, the it to determine whether they actually We have lots of statistics about what most successful schools and the most spent it the way it was intended to be the results are in our Nation. One half successful kids in our country, the ones spent. of all adult Americans are functionally that are learning are, where parents So we are employing lots of bureau- illiterate. This includes not being able are involved and, No. 2, in very dif- crats in 39 different agencies, admin- to write a letter to explain a billing ficult areas, where school administra- istering 760 programs, spending $120 error or figure out a departure on a bus tors and principals have developed a billion a year; $120 billion per year in schedule. Sixty-four percent of 12th dynamic program and they have 760 programs going through 39 different graders do not read at a proficient reached out into their community and agencies. Probably a little bit of con- level. they have involved their parents, the cern as to whether we are actually get- In California, 21⁄2 weeks ago, we had a parents of the kids, then we have the ting our dollar’s worth. hearing where the college presidents most likely scenario for success. And And that is why we are taking a look came in. They said, make sure that as we are going around the country and at what is going on in Washington. H692 CONGRESSIONAL RECORD — HOUSE February 27, 1997 What works and what is wasted? to drugs, which is a terrible problem, they go again, those mean-spirited peo- Spending time at the grassroots level the effects were small, one would think ple cutting dollars for our kids. No, the and saying, we have 760 programs, we that they would step back and say, why Education Department said it. The have 14 literacy programs, why can our are we not getting the results? This is drug education programs are not work- kids not read when they are graduating a terrible problem. We all want to curb ing. It is about time that that issue from high school? drug use. We have spent billions of dol- was raised. And what we are saying is, before we lars. We are not having an impact. It is the same question that we are put on another overlay of more pro- One would think the Education De- trying to answer in Education at a grams and more spending and more partment would step back and say, let Crossroads; that when the President dollars, it is time to take a look at this us rethink this. Let us come together proposes spending $50 billion more on conglomeration of programs, and look and say this is not working, and let us education, before we go out and spend at it from a teacher’s level and look at think about bringing in parents, bring- $50 billion more into what in some it from a kid’s level and say, are these ing in legislators, bringing in State cases is a failed system, we should step dollars getting to our children? Are people, bringing in teachers and say- back and say, 760 programs, 39 agen- these dollars getting into the class- ing, let us take another look at this cies, $120 billion per year: Is there room, or are the dollars being spent problem; how are we going to solve maybe not a better way to do it? shuffling paper back and forth? this? We need to approach it in a dif- Is there not maybe an issue that we The Heritage Foundation has told us ferent way. should be raising, before we try to mo- in their study that just in the Federal So what is the Department’s solu- bilize 100,000 tutors, that we take a bureaucracy we lose 15 percent. And tion? The Department wants $620 mil- look and say why do our 14 literacy when we add in State and local bu- lion next year for drug education. They programs not work today? And if tu- reaucracies, my estimate is that we do not want us to rethink or come up tors are better than our current lit- lose about 35 to 40 cents of every edu- with new programs or different pro- eracy programs, if tutors are the right cation dollar to bureaucracy and bu- grams to replace what they admit are answer, let us go for tutors. Maybe we reaucrats who are doing what we ask the failed policies and a billion dollars can pay for the tutors by saying the them to do, but they are prohibiting of wasted money. They want $620 mil- literacy programs we had in place were the dollars from getting to our children lion next year for drug education, up not working and so we will be able to and getting into the classroom. from $558 million this year and $438 fund not 100,000 tutors but 200,000 tu- And even then, as we have found out million in 1996. tors because we are going to get rid of as we have made these field visits, the This is the lesson we should be learn- the failed literacy programs. dollars get into the classroom and you ing: More does not always equal better. Let us step back and see what is ask somebody, do you appreciate the More dollars going to Washington bu- working and what does not work before Federal programs? Yes, we appreciate reaucracies—dollars to bureaucracies, we just put a patchwork of more pro- getting the money, but when we get dollars to bureaucracies—does not nec- grams on a failed system. The issue the rules and regulations of how we essarily mean we are going to be solv- here is not money. There is plenty of need to spend it, and then we take a ing the problem. money in the system. The issue is mak- look at our kids and we take a look at It is amazing to me that as we pre- ing sure that we spend the dollars on the right kinds of things. our school and we take a look at our pared this lesson this week, I cut this We have gone to schools in, like I classrooms and we take a look at our out of the paper this week. It is a clas- said, in New York, Chicago, Milwau- sic case of bureaucrats not worrying teachers and we take a look at our kee, L.A., Napa, Phoenix. We are going about whether we are solving the prob- community and what we would really to Cincinnati, we are going to Dela- lem but saying we solve the problem like to do in our classrooms for our ware next week, we are going to have purely by making more dollars avail- kids, and then we take a look at what hearings on the D.C. schools, schools in able; not making them available in an the rules and the guidelines from some Detroit. We have gone and we are going attempt to build off an analysis that bureaucracy in Washington are, that all around the country, and we have has never been in our town, that does says these programs failed, and here is seen schools that spend $2,200 per child, not know the names of our kids, and why they failed and here is a new ap- we have seen schools that spend $8,300 what they tell us to do is not what we proach. per child. really want to do, it is not our No. 1 They just say, here are the failed pro- What does the research of our com- priority. It might be somewhere on our grams. Let us not rethink it. But if you mittee show? Our committee’s research priority list, but it does not help us do just give me $62 million more into this shows that more does not always equal what we think we need to do to help same failed system, we will have pro- better. Pouring more dollars into a bad our kids today. tected a lot of bureaucrats and a lot of system does not fix the system. The lesson today is more does not al- paperwork. We will not have helped If we put in place the right system, ways equal better. If we have a pro- any more kids, but we will be able to we can educate the kids. It is the fun gram, if we have 760 programs and we go back and say we gave $62 million thing about this project. The great are spending $120 billion, there are more for drug education. Probably will thing about this project is going into those that are saying, and we are not not spend a lot of time talking about it some of what we in Washington define getting results, we ought to be spend- does not really matter they will not as some of the greatest areas of at-risk ing more. And if we had a couple more work, but, hey, they are spending kids, kids who supposedly are at a dis- programs and a few more dollars, we more. advantage for learning, and seeing would be able to solve the problem. So they can say we are spending schools and seeing children that are This was in the paper this week: more than a 10-percent increase in getting a great education. It is because ‘‘Drug Education Shows Limited Suc- funding, more than a 10-percent in- parents are involved, the schools are cess, Department Reports.’’ Many chil- crease in funding in failed programs. focusing on the basics, and the dollars dren still turn to drugs between the 5th But the disappointing thing here is go into the classroom and not into a and 8th grades despite billions of Fed- there is no thinking about what we bureaucracy. eral dollars that have been spent on need to do for our kids. It means pour- The issue is not how much money is drug education since 1987. ing more money, hard-earned money spent but it is how we spend it. Are we The Education Department reported into a broken system, a tragic system. spending it on kids? Are we spending it that. A report commissioned by the De- And in too many places it is the argu- on the basics? Are we spending it on partment said effects were small even ment that we hear over and over again. teachers? Are we spending it at places in the programs that appeared to curb And let me say this. We may raise an closest to the kids, or are we pouring it drug use. issue during the appropriations process into bureaucracies and bureaucrats Now, this is the interesting thing. about why are we going to increase who are greatly removed from the sys- One would think that after the Edu- spending by $62 million on drug edu- tem? cation Department completes its own cation programs that, by the way, do The dollars: The District of Colum- study that says kids are still turning not work, and it will be said, there bia, as I mentioned, spends over $8,000 February 27, 1997 CONGRESSIONAL RECORD — HOUSE H693 per child yet their children are not Mr. SCARBOROUGH. I do not want their child. Parents have the right, not graduating, they are not reading and to take up too much of the gentleman’s bureaucrats assigning kids. Parents they are not succeeding. Schools in time, but I will just briefly say, he pay for it, it is their tax dollars, it is New York: Some of the schools that I talked about Dependence Avenue and your tax dollars. Tax dollars should go visited, $2,200 to $2,500 per child, and the bureaucracy, the Federal bureauc- to the schools of the taxpayers’ choice. they are very, very successful. More racy on Dependence Avenue, the De- Remember, at the end of the day, spending does not always equal better. partment of Education bureaucracy. more does not always equal better. We need to focus on how we spend it, I think one of the finest examples of Only in Washington is that accepted, not how much money is being spent. how Americans’ dollars, tax dollars, that more equals better. In the rest of That is what Education at a Crossroads come up to Washington, DC to these America, it is fairly common knowl- is doing: Visiting communities, talking huge Federal bureaucracies and do not edge that more does not always equal to people, finding out what is working, get back home is the example of the better. It is not how much money is finding out how effective the Federal Department of Education who 2 years spent, it is how we spend it. When we programs are, and then going back and ago said that they had to cut their spend a dollar and only 50 cents goes identifying what we need to do in budget by $100 billion to keep schools into the classroom, the answer may Washington to straighten out our bu- across the country safe from caving in not be spending $1.20 to get 60 cents in reaucratic mess so that we can help and collapsing. But in that same budg- the classroom. It may be taking a look our kids. et where they cut $100 million from the at the dollar and saying 50 cents of The focus of this whole issue cannot safe schools part of the program, they overhead, that may just be too much. be the Department of Education or the added $20 million just to improve their Maybe we can take that dollar and other 38 agencies that are trying to single bureaucracy building on Inde- maybe we can find another dime for educate kids. It cannot be a bureau- pendence Avenue. our kids if we take it out of the bu- cratic focus. It cannot be on this town. So here we have an example not of reaucracy, maybe if we take it out of The focus has to be on kids around the robbing Peter to pay Paul, but an ex- the paperwork shuffle between local country. ample of the Federal bureaucratic ma- school districts, State bureaucrats and chine robbing our children to feed bu- b 1445 Washington bureaucrats. Maybe if we reaucracy instead of doing what needs take it out of that system, maybe if we The problem that we have in Wash- to be done in education. I applaud the simplify it and we make it 200 pro- ington today and the problem that we gentleman for actually having the grams instead of 760 programs, maybe maybe have in our country today is if courage to stand up and say enough is if we make it 2 agencies instead of 39 we go back and take a look at this enough to this nonsense, and I thank agencies, maybe we could just find that graphic: Where education in this coun- the gentleman for yielding. extra nickel or that extra dime for our try is supposed to be, parental involve- Mr. HOEKSTRA. I thank my col- kids. It is not how much is spent, it is ment and local control, independent of league from Florida for those com- how we spend it. Today we are spend- Washington interference, so that pro- ments. That is why parents are frus- ing way too much on the wrong kinds grams in classrooms, in instructional trated. They want to give their kids a of things. We need to get the money materials, in instructional lessons can quality education, and at the end of into the classroom. be tailored to the needs of every indi- the day they see us taking care of bu- f vidual child in every individual com- reaucrats and bureaucrats not taking munity. care of their kids, taking care of Wash- THE LONG-TERM CAPITAL GAINS What we have found is that rather ington but not taking care of Holland, SAVINGS ACT than local control, these 39 agencies in MI. And it is kind of like, well, we The SPEAKER pro tempore (Mr. COL- Washington that are trying to educate never really wanted you to take care of LINS). Under a previous order of the our kids have made the street that Holland, MI, in the first place, but you House, the gentleman from Texas [Mr. some of you may walk down to get to took all of our money and you sent it BENTSEN] is recognized for 5 minutes. work every day, which we fondly call to Washington and now to get it back Mr. BENTSEN. Mr. Speaker, I rise Independence Avenue, when you take a we need to do what you want us to do today to introduce legislation, the look at who is lining the sides of that and then think of the results. Long-Term Capital Gains Savings Act, street, it is all the bureaucracies here What is happening? How much money that takes an innovative and I believe in Washington, and the end result is is spent on education? Consider the re- economically correct approach to cap- one of these days we may have to results. Half of American children cannot ital gains tax policy. This legislation name it, not Independence Avenue but read, cannot meet the minimum expec- seeks to reward long-term economi- Dependence Avenue because all of tations for math and reading. We spend cally productive investment and en- these agencies are fostering local de- more money per child than nearly courage Americans to save for the fu- pendence on Washington bureaucracies every other industrial country, yet our ture. before they can do anything. That is children simply are not learning the I might also add that I have been one why parents are frustrated. way we would like them to. who has voted consistently for a bal- This is ironic. Why are parents frus- Think about this. Why are parents anced budget and said we should put off trated? Kids cannot do math so we are frustrated? Why are parents frus- tax cuts until we balance the budget. I going to have 100,000 new tutors. They trated? They want to give their kids a still think that is a prudent policy, but are going to be administered by an quality education. Fewer than half of as we see both the administration and agency that cannot even keep its own all dollars spent on public education the leadership of the Congress moving books. All parents are frustrated be- are spent in the classroom. Fewer than in the other direction, I think it is also cause they want to give their children half. Low test scores, frustrated par- prudent that we lay out markers of a chance to receive a quality education ents, kids who are not learning, plenty what would be good tax policy. and we stand in the way. of money, fewer than half the dollars This legislation is identical to S. 306 We are investing a tremendous are spent in the classroom. They are introduced by Senator WENDELL FORD amount of money in education. But too spent on bureaucrats, on support per- in the other body and would provide for often it seems like that money is wast- sonnel, on administration buildings, the maximum capital gains tax rate to ed. It is not getting to our kids and it but less than half are spent on children be adjusted downward the longer an in- is going to inefficient systems, so it is in the classroom. vestment is held by the taxpayer. For wasted. Think of how much money is Parents, local control, that is most every year an asset is held, the tax rate spent on administrators and education important about getting our kids to would be reduced by 2 percentage bureaucrats. Think of how little money learn. We must restore the crucial pa- points down to a rate of 14 percent actually reaches the kids. Like I told rental role in education. Parents have after 8 years or more. The top rate you earlier, 60 cents of every dollar the right to choose the school that is would remain at 28 percent for invest- gets to our children. best for their child. Parents have the ments held less than 2 years. I am at- I yield to my colleague from Florida. right to choose the best school for taching a chart outlining this sliding H694 CONGRESSIONAL RECORD — HOUSE February 27, 1997 scale and will include it for the RECORD of reach. Broader capital gains tax re- the opportunity to achieve the Amer- at the conclusion of my remarks. lief would be simply too costly, requir- ican dream, battles over affirmative Mr. Speaker, I also want to point out ing offsetting revenue increases or action, battles over quotas, battles that this legislation as drafted would budget cuts that are unrealistic and over other issues. But those have been apply only to individual taxpayers and imprudent. If we try to do too much, fights of the past. Unfortunately, the not to corporate taxpayers. I believe we will put a realistic balanced budget fights that we are going to be waging this is good fiscal and tax policy be- out of reach, encouraging the use of in the future may be trying to figure cause it limits the cost of this legisla- gimmicks and rosy scenarios. This leg- out how to make sure that any Amer- tion and targets the tax relief to help islation represents the kind of capital ican children can achieve the American middle-income families most in need of gains tax relief we can afford in the dream. this assistance. context of balancing the budget. Because, you see, a fiscal crisis, a fi- For many years we have heard many This legislation takes a responsible, nancial cloud hovers over this country in business, agriculture, economics, balanced approach that will encourage that is so tremendous, so great, so and politics argue that a high capital prudent investment and savings and re- frightening that all of our children face gains tax rate locks in capital and dis- ward those who invest for the long- an economic Armageddon in the next courages investment that might other- term, while still allowing us to balance 20 years. wise be put to work in more productive the Federal budget. I still believe that b 1500 investments and thus spur greater eco- our first priority must be to balance Right now we are $5.6 trillion in debt, nomic activity. the Federal budget. However, I am also and it has gotten so out of hand that While I have questioned whether cap- of the belief that inclusion of a modest, ital has remained on the sidelines, I do few Americans can even begin to fath- commonsense capital gains tax relief om what $5.6 trillion means to the next believe that the low differential be- legislation which is fully paid for can tween marginal income tax rates and working generation. One way to put it and should be part of the balanced is an illustration, and I heard it earlier the 28 percent capital gains rate along budget. today, and I have heard it before and with the effective tax of inflation does Mr. Speaker, the chart referred to in used it before. To try to understand lock up capital and discourage some in- my remarks is as follows: what a trillion dollars is, or $5.6 tril- vestment, particularly in long-term in- Sliding Scale Capital Gains Proposal lion is, think about this: struments that might otherwise occur. 1 If you made $1 million every single This legislation is aimed to address Percent Assets held for the following period: day from the day that Jesus Christ was such inefficiencies in the current code More than 1 year ...... 28 born 2,000 years ago until today, you while not providing a windfall for More than 2 years ...... 26 would not make enough money to pay short-term speculation and adding to More than 3 years ...... 24 off our Federal debt, a million dollars the deficit. More than 4 years ...... 22 More than 5 years ...... 20 every day for 2000 years. First, it will reward individual inves- But the news gets worse. If you made tors who make economically produc- More than 6 years ...... 18 More than 7 years ...... 16 $1 million every day from today until tive long-term investments rather than More than 8 years ...... 14 the year AD 4000, and added all that short-term speculative ones. I believe 1 Would be subject to the lower of the current law money up on top of the million dollars someone who holds an investment for a capital gains rate or the rate listed. a day that you made over the past 1,000 period of time should receive more fa- f years, you still would not have enough vorable tax treatment on their gains money over that 4,000-year timeframe than someone who turns over assets on PASSING THE AMERICAN DREAM ON TO OUR CHILDREN making $1 million every day to pay off a short-term basis. The investment in a our Federal debt. fledgling company which takes many The SPEAKER pro tempore. Under And yet I hear people come up and years to develop but could become the the Speaker’s announced policy of Jan- get behind that microphone and actu- next Microsoft should receive a more uary 7, 1997, the gentleman from Flor- ally have the audacity to tell us how favorable benefit than a gain earned ida [Mr. SCARBOROUGH] is recognized much they love children, when at the over a 6-month period due to a runup in for 60 minutes. same time these are the same people the capital or credit markets. Further, Mr. SCARBOROUGH. Mr. Speaker, I that are opposing our attempts at a by racheting the rate downward the came up today to talk about passing balanced budget amendment or a bal- longer the holding period, we help off- the American dream on to our chil- anced budget that would restore fiscal set the inflation penalty which results dren. sanity to the United States of America. with a fixed rate. And we avoid the dif- We have heard so much today, and it I see some younger people here in the ficulty of indexing against the original appears that people have been getting audience, and unfortunately I have basis. This legislation will reward in- together on the other side of the aisle some bad news for them. If you think it vestments in small businesses and agri- for some time the past couple of weeks is going to be bad enough trying to pay culture, which require long-term com- trying to figure out a strategy, where off $5.6 trillion, wait until the baby mitment and are our Nation’s primary to take their party over the next 2 boomers start retiring in the year 2010. engines of economic growth and job years. We heard a lot more talk about Then your chances are completely evis- creation. It may also affect long-term children. In fact, that is what we heard cerated unless the adults in this Cham- interest rates in a positive manner. It over the past 2 years, constant ref- ber start behaving like adults very, will encourage Americans to make the erences to children, children, children. very soon. investments necessary to start and ex- We have got to help children. You see, the Senate had a bipartisan pand such businesses. I can tell you as the father of a 9- commission put together 3 years ago, Second, this legislation will provide year-old boy and a 6-year-old boy, I headed by a Democrat, Senator incentives for Americans to save for have got to say that our children’s fu- KERREY. And you know what they fig- the future and prepare for their retire- ture has got to be our top priority. ured out? They figured out that, unless ment. There is widespread agreement Like my parents, I want to ensure that we balance our budget and take control among economists that our savings my children and all children have an of financial spending in Washington, rate is too low, slowing our economy opportunity to achieve the American DC, that the average American—now and putting at risk the comfortable re- dream, an opportunity. In America we get this—the average American is tirement Americans desire. This legis- cannot guarantee the outcome, but we going to be paying 89 percent of their lation will happy address this need for are at least responsible in ensuring income to the Federal Government by increased savings and provide a more that all American children have the op- the year 2020. secure retirement for Americans in the portunity to achieve the American Now, I do not know how many people future. dream. are planning to be alive in the year Most importantly, this legislation There have been fights over the past 2020, but I know I am planning to be will achieve these benefits without put- two decades, three decades on how we here, and I pray to God that my chil- ting the goal of a balanced budget out ensure that all American children have dren will be here. But what is it going February 27, 1997 CONGRESSIONAL RECORD — HOUSE H695 to be like if we live in an America of America is illegal. For the rest of I ask the question, is there any where the Federal Government gets $9 America, if an advertiser does a bait shame left in America when people can of every $10 that we earn? and switch, they get sent to jail. just talk out of both sides of their Mr. Speaker, we are not making this But in Congress I guess that is OK be- mouth, knowing that the end result up. This was a bipartisan commission cause there is a Senator back in 1994, will be a future economic calamity for that came to this realization. And who in November 1994 promised that if America and for America’s children? every day that we wait, every day that she got to Washington, DC, again, if Regretfully, I have got to say that we delay, every day that we steal she was reelected again, that she would time and time again we have seen it money from our children’s pockets to support the balanced budget amend- happening, and it has got to stop. pay off political promises that we have ment. Well, she got elected in Novem- There is a letter that was written to made to the hacks and cronies that ber 1994, and 6 weeks later she came to Members of Congress and was written lobby us day in and day out is an op- Washington, DC. by the Secretary of Agriculture. He portunity lost. And as this country f wrote in this letter to Members of Con- slouches toward the 21st century, as we gress: ‘‘A balanced budget amendment slouch toward an economic Armaged- ANNOUNCEMENT BY THE SPEAKER would in all likelihood set up a fierce don that will crush our children’s op- PRO TEMPORE struggle for limited Federal re- portunity to have the same shots at The SPEAKER pro tempore (Mr. COL- sources.’’ the American dream that we had, we LINS). Would the gentleman suspend? Now let us just examine the words miss an opportunity, and we betray The Chair must remind the Member limited Federal resources. Do you those very children that people that that he is to refrain from references to know how limited the Federal Govern- get up behind these podiums claim to Members of the other body and to di- ment’s resources are? Does anybody be so interested in. rect his remarks to the Speaker. know how much money we give the Mr. Speaker, I really do not know Mr. SCARBOROUGH. Mr. Speaker, I Federal Government every year? It is how to explain it to my children. I do was not making references to any spe- $1.7 trillion, and where does that not know how to explain it to friends’ cific Member, and I might use this not money come from? Well, it comes from children. I do not know how we are to address this Speaker, but I must middle-class Americans who are now going to do it 30 years from now. They suggest that I am offended by the con- spending 50.2 percent of their work are going to ask us: What did you do tinued double standard that appears to year to pay off taxes, fees, and regula- when you had an opportunity to actu- be occurring in this Chamber where tions put on them by the Government. ally save America? How did you vote? just 2 hours ago a Republican Member It also comes from businesses, from Did you get on the floor? Did you speak was mentioned by name several times corporations, from people that are cre- against the travesty when the press and the Speaker did absolutely nothing ating jobs. Unfortunately, we take it was ignoring it? When the media did —not this Speaker, but another Speak- from the dead, we take it from the pro- not want to touch it? When the politi- er did absolutely nothing when this ductive members of society who actu- cians were afraid to come close to it, speaker was mentioned by name sev- ally make a profit and create jobs. But what were you doing? And I will have eral times. And yet when I mention by in the end, most regretfully, we take it to tell them that, while some of us ac- reference another Member, then all of a from our children and our grand- tually cared enough to stick our necks sudden I am called down. children, and we steal not only from out on the line and try to make a dif- I have seen this occur for 3 years, and the living but from the unborn, from ference, there are others that simply I am getting a little tired of it—not future generations. There is nothing limited about the lacked the moral conviction and the from you, sir, but from other people in Federal resources that we have, noth- courage and the discipline to do it. this Chamber. ing limited at all as we continue to pay Mr. Speaker, I have got to admit The fact of the matter is that an- farmers not to plant their crops, as we right now that I am somewhat other Member’s name was mentioned continue in America to pay people not ashamed to be associated with some repeatedly by a Democrat. I did not to work, as we continue to shovel cor- Members of the U.S. Congress, and it hear a Parliamentarian say anything porate welfare across this Nation and greatly pains me to say that. I have about it, and I counted seven times across the globe, as we continue to pay only been up here for a few years. I was while watching on TV. I finally had to for foreign aid. a middle-class father of two sitting on call the cloakroom to get something Just a couple of days ago, weeks ago, the couch back in 1994 when I decided I done. decided that we wanted to get involved wanted to get off the couch, I wanted I come here today, and I mentioned in family planning and funding abor- to come to Washington and I wanted to somebody in the abstract; nobody tions across the globe. Do not tell me make a difference. Nobody knew who I would even be able to identify this that our resources are limited. Our re- was. I had never run for political office Member that I brought up. And yet my sources are not limited. It is our dis- before. I did not come from a wealthy words are called into question. I am cipline that is limited. family. I did not have anybody that not questioning my colleague. I am We do not face a deficiency in the would bankroll my campaign. I just just questioning what has been occur- wallet, as George Bush said. He had it had ideas. I wanted to contribute to ring for the past 3 years. backward. We face a deficiency of will. this country. I wanted to save my chil- I ask for a little fairness and a little We face a deficiency of discipline. We dren from the future that they ap- evenhandedness. I will refrain from any face a deficiency of honor. And if we do peared to be facing because politicians more specifics. not get a handle on this financial crisis were stealing money from their pock- But I will say that there have been that is robbing from my boys and your ets and from their generation’s pockets several Members that have made prom- children and your grandchildren and to pay off their political friends. ises on the campaign trail, have prom- future generations, they are the ones So I got involved, and it was not ised their people, looking into their who are going to have to pay and they until I got up to Washington that I un- eyes: I will support the balanced budg- are the ones that are going to ask you derstood part of the problem. I under- et amendment. And then they get 30 years from now: What did you do stood that not only were there politi- elected, and they break their word, about it? What difference did you cians that were opposed to the Federal they break their oath, and it has hap- make? And you can make a difference; Government living by the same rules pened up here over the past few years every Member in this Chamber, Mr. that the middle class, where you only time and time and time again. Speaker, can make a difference. But spend as much money as you take in, Mr. Speaker, I really do not care they are going to have to have a little but that there were actually people in whether they are Republicans or Demo- discipline, they are going to have to be this Chamber who would make one crats, conservatives or liberals, Sen- a little less selfish. promise while they were campaigning ators or Congressmen. All I care about I asked for leadership from the Presi- for office and then, when they got to is the impact that these broken prom- dent of the United States. In 1994 the Washington, DC, would do what we call ises are going to have on my two boys President opposed our efforts to bal- the bait and switch, which for the rest and on the next generation. ance the budget. In 1995 we put the first H696 CONGRESSIONAL RECORD — HOUSE February 27, 1997 plan in a generation on this floor and the next time, and trying to pin them have run up deficits, taken it out of passed it to balance the budget for the down. our children’s pockets, and basically first time in a generation. But I have to tell the Members what thrown caution to the wind. b 1515 I do not understand. I do not under- I am telling the Members it is time stand why anybody in this leadership to stop saying live and let live, eat, We had a plan to balance the budget would decide that they would take drink and be merry, for tomorrow you in 5 years and to start paying back fu- money out of the pockets of the Amer- may die, because tomorrow has come. ture generations from the money we ican people because of a mistake that It has come for our children. had already stolen from them. Yet it the administration made. That is I hope, Mr. Speaker, that in the com- was vetoed. We were called mean-spir- wrong. It goes against what the Repub- ing year the adults in this Chamber ited. We had a President who said that licans stand for. More to the point, it will begin behaving like adults and will he wanted to balance the budget, and goes against what America stands for. look at their children and grand- yet he opposed the balanced budget We have got to start showing a little children when they go home on the amendment. Today we have a Presi- bit of discipline. weekends, and when they are going dent who says he wants to balance the Mr. Speaker, I got attacked in my across the districts holding town meet- budget, and yet he opposes the bal- local newspaper. They said that the ings they will look into the eyes of anced budget amendment. Congressman voted against a bill that those members of the next generation We have a President who says he would have brought $4 million to his that are going to run this country, and wants to cut the deficit, and yet we district, to airports that needed the say, yes, I care enough to make a few have a President who presented a plan money. That is great. I am not saying tough votes that may hurt in the short that allows the deficit to go up for 3 that airports do not need the money. I run, but in the long run, will help us all more years. Yes, we have a President am not saying that my district is not achieve the American dream. who says he wants to erase the deficit any more deserving of these funds than f and make that his top priority. Yet the anybody else. But what I am asking, budget he submitted just this month Mr. Speaker, is whose money is it we ANNOUNCEMENT BY THE SPEAKER allows the deficit to go up an addi- are spending? PRO TEMPORE tional $40 billion to $50 billion. We have gone beyond just spending The SPEAKER pro tempore [Mr. COL- Mr. Speaker, it has taken a lot more the American people’s money. We are LINS]. The Chair will announce, for the than a Democratic President and a spending the next generation’s money. benefit of the body, that clause 1 of Democratic Party and ruinous policies They are not able to hold us account- rule XIV clearly distinguishes between by the liberal Democrats over the past able. Until they are able to hold us ac- references in debate to other Members 40 years of controlling this Congress to countable, until they are of age to of the House, which are in order if not destroy our children’s future. They had vote, I think we have a responsibility engaging in personality, and improper to have help. All too often some mem- to them to preserve for them the Amer- references to Members of the Senate, bers of the Republican party were all ican dream that all of us were prom- which are not in order as a matter of too willing to help. ised; promised an opportunity by our comity between the houses even I am here to say I do not care whose Founding Fathers, by Thomas Jeffer- though not personally offensive, and fault it was in the past. I do not care son, George Washington, James Madi- must be enforced on the Chair’s initia- whose fault it is today. I am saying it son, by these great Founders that be- tive under that rule. is time for people on both sides of the lieved in America, that the individual The Chair believes prior occupants of aisle to put their children and grand- had the right, had the opportunity, to the Chair have consistently applied children and future generations’ chil- pursue the American dream. this rule. dren and grandchildren first, and stop That is what my parents taught me. Does the gentleman have a motion? worrying about paying off their politi- They taught me: Work hard, obey the Mr. SCARBOROUGH. No, Mr. Speak- cal buddies, stop worrying about the law, respect authority, I know that is er, I actually have a question. good old system that has allowed us to radical these days: Respect authority, Could the Chair read the first part of accumulate a $5.6 trillion debt, and and you may have an opportunity to do that again, regarding references to start worrying about their interests something with your life. That is what other Members by name? first. I am trying to pass on to my children. The SPEAKER pro tempore. Clause 1 This past week we had a vote that I It is not always easy. My father was of rule XIV clearly distinguishes be- must admit caused me great concern. laid off for a year, 11⁄2 years, and I re- tween references in debate to other It seems that the Secretary of the member driving around the southeast Members of the House, which are in Treasury may have made a $3 billion as he was looking for gainful employ- order if not engaging in personality. miscalculation. That is what at least ment somewhere where he could sup- PARLIAMENTARY INQUIRY our leadership told us. They told us port a family of five. It was during a Mr. SCARBOROUGH. Mr. Speaker, that the trust fund was broke because tough recession. It was during the en- parliamentary inquiry. If a statement the Secretary of the Treasury made a ergy crisis in the early 1970’s. was made of another Member and used $3 billion mistake. But I do not ever remember him this other Member’s name, and made Do Members know what? An interest- being resentful. I don’t remember him disparaging remarks regarding his ing thing happened. This time when a teaching me: You cannot succeed, it is views on rape, on murder, on incest, $3 billion mistake was made, for the somebody else’s fault. What we need, and on other matters, would that fall first time since I have been here over Joe, is more money from the Federal under that section as a disparaging re- the past couple of years, we had a Government. That is why I am out of a mark? choice to make. The choice was do we job, it is the Federal Government’s The SPEAKER pro tempore. The take the money away from the govern- fault. Or it is the guy’s fault down the Chair has clearly stated the rule twice. ment to pay for this $3 billion error, or street, who is more successful than we Mr. SCARBOROUGH. Mr. Speaker, do we take the money out of the Amer- are. Resent him. Resent his big house. the Chair has also stated, though, that ican people’s pockets? Resent his nice car. It is not our fault, it has applied it evenhandedly over the Unfortunately, we chose to take the it is their fault. past several years. I can tell you just 3 money out of the American people’s That is the ethic we are teaching our hours ago that rule was not applied pocket. I voted against it. I think 78 children. That is the ethic we are evenhandedly. other people voted against it. I can un- teaching America. It is an ethic that The SPEAKER pro tempore. The derstand some of the leaders’ concerns. will lead to our destruction. We have Chair will again remind the Member he I can understand that they were prom- got to elect leaders who really do not has read the rule twice, that there is ised to have offsets in the future. I can care whether they get reelected or not. no prohibition against announcing an- understand their frustration in trying They only care whether their children other Member’s name and policies as to deal with an administration that have the same shot at the American long as it is not personally offensive to says one thing one second and changes dream that they had. For 35 years we that person, to that Member. February 27, 1997 CONGRESSIONAL RECORD — HOUSE H697

Does the gentleman have a motion? Mr. BEREUTER. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. SCARBOROUGH. I will make a Mr. CRANE. Committee on Agriculture. 1954. A letter from the Administrator, Ag- motion, but I hope in the future that Mr. ROGAN. ricultural Marketing Service, transmitting the Chair will be evenhanded toward Mr. GILMAN. the Service’s final rule—Tomatoes Grown in both sides. (The following Members (at the re- Florida; Partial Exemption from the Han- LEAVE OF ABSENCE quest of Mr. PALLONE) and to include dling Regulation for Single Layer and Two By unanimous consent, leave of ab- extraneous matter:) Layer Place Packed Tomatoes [Docket No. sence was granted to: Mr. GREENWOOD. FV96–966–2 FIR] received February 24, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mrs. CARSON (at the request of Mr. Mr. THOMPSON. Mr. KNOLLENBERG. mittee on Agriculture. GEPHARDT] for today on account of ill- 1955. A letter from the Congressional Re- Mr. LEWIS of Georgia. ness. view Coordinator, Animal and Plant Health f Mrs. MORELLA. Inspection Service, transmitting the Serv- Mrs. MALONEY of New York. ice’s final rule—Change in Disease Status of SPECIAL ORDERS GRANTED (The following Members (at the re- The Netherlands Because of Hog Cholera By unanimous consent, permission to quest of Mr. SCARBOROUGH) and to in- [Docket No. 97–007–1] received February 26, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the address the House, following the legis- clude extraneous matter:) Mr. MILLER of California. Committee on Agriculture. lative program and any special orders 1956. A letter from the Director, Office of Mr. DUNCAN. heretofore entered, was granted to: Regulatory Management and Information, (The following Members (at the re- Mrs. KELLY. Environmental Protection Agency, transmit- Mr. EHRLICH. quest of Mr. PALLONE) to revise and ex- ting the Agency’s final rule—Benoxacor; tend their remarks and include extra- f Time-Limited Tolerances for Residues [OPP– neous material:) 300449; FRL–5583–4] (RIN: 2070–AB78) received ENROLLED JOINT RESOLUTION February 25, 1997, pursuant to 5 U.S.C. Mr. WISE, for 5 minutes, today. SIGNED 801(a)(1)(A); to the Committee on Agri- Mr. EDWARDS, for 5 minutes, today. culture. Mr. PICKETT, for 5 minutes, today. Mr. THOMAS, from the Committee 1957. A letter from the Director, Office of Mr. BENTSEN, for 5 minutes, today. on House Oversight, reported that that Regulatory Management and Information, (The following Members (at the re- committee had examined and found Environmental Protection Agency, transmit- quest of Mr. ROGAN) to revise and ex- truly enrolled a joint resolution of the ting the Agency’s final rule—Glufosinate tend their remarks and include extra- House of the following title, which was Ammonium; Tolerances for Residues [PP– neous material:) thereupon signed by the Speaker: 5F4578/R2277A; FRL–5590–4] (RIN: 2070–AB78) received January 25, 1997, pursuant to 5 H.J. Res. 36. Joint resolution approving the Mrs. JOHNSON of Connecticut, for 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- Presidential finding that the limitation on minutes, on March 5. riculture. Mr. RAMSTAD, for 5 minutes, today. obligations imposed by section 518A(a) of the 1958. A letter from the Director, Office of Foreign Operations, Export Financing, and Mr. THUNE, for 5 minutes, today. Regulatory Management and Information, Related Programs Appropriations Act, 1997, Environmental Protection Agency, transmit- Mr. ROHRABACHER, for 5 minutes, is having a negative impact on the proper today. ting the Agency’s final rule—Spinosad; Pes- functioning of the population planning pro- ticide Tolerances [OPP–300454; FRL–5590–8] Mr. ROGAN, for 5 minutes, today. gram. (RIN: 2070–AC78) received February 25, 1997, (The following Member (at his own f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- request) to revise and extend his re- mittee on Agriculture. marks and include extraneous mate- ADJOURNMENT 1959. A letter from the Administrator, rial:) Mr. SCARBOROUGH. Mr. Speaker, I Rural Utilities Service, transmitting the Service’s final rule—Temporary Loan Proc- Mr. DELAY, for 5 minutes, today. move that the House do now adjourn. (The following Member (at his own essing Procedures for Insured Electric Loans The motion was agreed to; accord- [Workplan Number 96–014] received February request) to revise and extend his re- ingly (at 3 o’clock and 25 minutes marks and include extraneous mate- 21, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to p.m.), under its previous order, the the Committee on Agriculture. rial:) House adjourned until Monday, March 1960. A letter from the Under Secretary of Mr. THUNE, for 5 minutes, today. 3, 1997, at 2 p.m. Defense, transmitting a report of a violation f of the Anti-Deficiency Act—Army violation, f case No. 96–06, which totaled $9,500, occurred EXTENSION OF REMARKS at Fort Sill, OK, when personnel obligated EXECUTIVE COMMUNICATIONS, By unanimous consent, permission to fiscal year 1995 Operation and Maintenance, ETC. Army [O&M, A] funds in advance of an ap- revise and extend remarks was granted Under clause 2 of rule XXIV, execu- propriation, pursuant to 31 U.S.C. 1517(b); to to: tive communications were taken from the Committee on Appropriations. (The following Members (at the re- the Speaker’s table and referred as fol- 1961. A letter from the Under Secretary of quest of Mr. PALLONE) and to include Defense, transmitting a report of a violation lows: extraneous matter:) of the Anti-Deficiency Act—Air Force viola- 1951. A letter from the Administrator, Ag- Mr. STOKES. tion, case No. 95–09, which totaled $622,300, ricultural Marketing Service, transmitting occurred when personnel in the 15th Air Base Mr. FATTAH. the Service’s final rule—Oranges, Grapefruit, Wing, Hickman Air Force Base, HI, improp- Mr. ACKERMAN. Tangerines, and Tangelos Grown in Florida; erly used fiscal year 1992 Operation and Mr. MENENDEZ. and Import Regulations (Grapefruit); Relax- Maintenance [O&M, AF] funds for repairs to Mr. RANGEL. ation of the Minimum Size Requirements for the Makai Recreation Center, pursuant to 31 Mrs. MINK of Hawaii. Red Grapefruit [Docket No. FV 96–905–4 FIR] U.S.C. 1517(b); to the Committee on Appro- Mr. SCOTT. received February 21, 1997, pursuant to 5 priations. Ms. NORTON. U.S.C. 801(a)(1)(A); to the Committee on Ag- 1962. A letter from the Director, Defense riculture. Finance and Accounting Service, Depart- Mr. TRAFICANT. 1952. A letter from the Administrator, Ag- ment of Defense, transmitting notification Mr. ABERCROMBIE. ricultural Marketing Service, transmitting of the Department’s intent to conduct a cost Mr. BROWN of California. the Service’s final rule—Melons Grown in comparison study of all DOD depot mainte- Mr. VISCLOSKY. South Texas; Assessment Rate [Docket No. nance accounting functions, pursuant to 10 Mr. DEUTSCH. FV97–979–1 FIR] received February 21, 1997, U.S.C. 2304 note; to the Committee on Na- Mr. SANDERS. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tional Security. (The following Members (at the re- mittee on Agriculture. 1963. A letter from the Deputy Secretary, quest of Mr. ROGAN) and to include ex- 1953. A letter from the Administrator, Ag- Department of Defense, transmitting the De- traneous matter:) ricultural Marketing Service, transmitting partment’s report on assistance to the Red the Service’s final rule—Domestic Dates Cross for emergency communications serv- Mr. YOUNG of Alaska. Produced or Packed in Riverside County, ices for members of the Armed Forces and Mr. YOUNG of Florida in two in- California; Temporary Relaxation of Size Re- their families, pursuant to 10 U.S.C. 2602 stances. quirements for Deglet Noor Dates [Docket note; to the Committee on National Secu- Mr. CHABOT. No. FV96–987–3 FR] received February 21, rity. H698 CONGRESSIONAL RECORD — HOUSE February 27, 1997 1964. A letter from the General Counsel, 1974. A letter from the Managing Director, tion 1–233 (c)(1); to the Committee on Gov- Department of Defense, transmitting a draft Federal Communications Commission, trans- ernment Reform and Oversight. of proposed legislation entitled the ‘‘Mili- mitting the Commission’s final rule— 1985. A letter from the Chairman Pro Tem- tary Construction Authorization Act for Fis- Amendment of Part 36 of the Commission’s pore, Council of the District of Columbia, cal Year 1998,’’ pursuant to 31 U.S.C. 1110; to Rules and Establishment of a Joint Board transmitting a copy of D.C. Act 11–532, ‘‘Co- the Committee on National Security. [CC Docket No. 80–286] received February 24, operative Association Temporary Amend- 1965. A letter from the President and 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment Act of 1997’’ received February 26, 1997, Chairman, Export-Import Bank of the United Committee on Commerce. pursuant to D.C. Code, section 1–233(c)(1); to States, transmitting a report involving Unit- 1975. A letter from the Managing Director, the Committee on Government Reform and ed States exports to Israel, pursuant to 12 Federal Communications Commission, trans- Oversight. U.S.C. 635(b)(3)(i); to the Committee on mitting the Commission’s final rule—The 1986. A letter from the Chairman Pro Tem- Banking and Financial Services. Use of N11 Codes and Other Abbreviated Di- pore, Council of the District of Columbia, 1966. A letter from the Director, Office of aling Arrangements [CC Docket No. 92–105] transmitting a copy of D.C. Act 11–528, Thrift Supervision, transmitting the Office’s received February 24, 1997, pursuant to 5 ‘‘Washington Metropolitan Area Transit Au- 1997 compensation plan, pursuant to Public U.S.C. 801(a)(1)(A); to the Committee on thority Safety Regulation Temporary Act of Law 101–73, section 1206 (103 Stat. 523); to the Commerce. 1997’’ received February 26, 1997, pursuant to Committee on Banking and Financial Serv- 1976. A letter from the Director, Regula- D.C. Code, section 1–233(c)(1); to the Commit- ices. tions Policy Management Staff, Office of tee on Government Reform and Oversight. 1967. A letter from the Director, Office of Policy, Food and Drug Administration, 1987. A letter from the Chairman Pro Tem- Regulatory Management and Information, transmitting the Administration’s final pore, Council of the District of Columbia, Environmental Protection Agency, transmit- rule—Secondary Direct Food Additives Per- transmitting a copy of D.C. Act 11–530, ‘‘Des- ting the Agency’s final rule—Approval and mitted in Food for Human Consumption; ignation of Excepted Services Positions Promulgation of Implementation Plans; Sulphopropyl Cellulose [Docket No. 96F–0184] Temporary Amendment Act of 1997’’ received Maine and Redesignation of Hancock and received February 24, 1997, pursuant to 5 February 26, 1997, pursuant to D.C. Code, sec- Waldo Counties; Maine [ME47–1–6996a; FRL– U.S.C. 801(a)(1)(A); to the Committee on tion 1–233(c)(1); to the Committee on Govern- 5693–5] received February 25, 1997, pursuant Commerce. ment Reform and Oversight. to 5 U.S.C. 801(a)(1)(A); to the Committee on 1977. A letter from the Chairman, Nuclear 1988. A letter from the Auditor, District of Commerce. Regulatory Commission, transmitting the Columbia, transmitting a copy of a report 1968. A letter from the Director, Office of Commission’s 1996 report of the Advisory entitled ‘‘Review and Analysis of the Fiscal Regulatory Management and Information, Committee on Reactor Safeguards on the Year 1997 Budget for the Office of Banking Environmental Protection Agency, transmit- U.S. Nuclear Regulatory Commission’s Safe- and Financial Institutions,’’ pursuant to ting the Agency’s final rule—Clean Air Act ty Research Program, pursuant to 42 U.S.C. D.C. Code, section 47–117(d); to the Commit- (ACT) Approval and Promulgation of State 2039; to the Committee on Commerce. tee on Government Reform and Oversight. Implementation Plans; Prevention of Sig- 1978. A letter from the Assistant Secretary 1989. A letter from the Chairman, Armed nificant Deterioration (PSD); Louisiana for Legislative Affairs, Department of State, Forces Retirement Home Board, transmit- [FRL–5693–8] received February 25, 1997, pur- transmitting notification of a proposed man- ting the fiscal year 1996 annual report under suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ufacturing license agreement for production the Federal Managers’ Financial Integrity tee on Commerce. 1969. A letter from the Director, Office of of major military equipment with France Act [FMFIA] of 1982, pursuant to 31 U.S.C. Regulatory Management and Information, and Germany (Transmittal No. DTC–68–96), 3512(c)(3); to the Committee on Government Environmental Protection Agency, transmit- pursuant to 22 U.S.C. 2776(d); to the Commit- Reform and Oversight. ting the Agency’s final rule—Approval and tee on International Relations. 1990. A letter from the Executive Director, Promulgation of Implementation Plans; 1979. A letter from the Assistant Secretary Committee for Purchase from People Who State of Missouri [MO–015–1015a; FRL–5682–5] for Legislative Affairs, Department of State, Are Blind or Severely Disabled, transmitting received February 25, 1997, pursuant to 5 transmitting certification of a proposed a report of activities under the Freedom of U.S.C. 801(a)(1)(A); to the Committee on manufacturing license agreement for produc- Information Act for the calendar year 1996, Commerce. tion of major military equipment with Japan pursuant to 5 U.S.C. 552(d); to the Committee 1970. A letter from the Director, Office of (Transmittal No. DTC–65–96), pursuant to 22 on Government Reform and Oversight. Regulatory Management and Information, U.S.C. 2776(d); to the Committee on Inter- 1991. A letter from the Acting Director, Ex- Environmental Protection Agency, transmit- national Relations. ecutive Office of the President, transmitting ting the Agency’s final rule—Clean Air Act 1980. A letter from the Assistant Secretary a report of activities under the Freedom of Final Interim Approval of Operating Permits for Legislative Affairs, Department of State, Information Act for the calendar year 1996, Program; South Coast Air Quality Manage- transmitting the 44th report on the extent pursuant to 5 U.S.C. 552(d); to the Committee ment District, California [AD–FRL–5691–3] and disposition of U.S. contributions to on Government Reform and Oversight. received February 25, 1997, pursuant to 5 international organizations for fiscal year 1992. A letter from the Inspector General, U.S.C. 801(a)(1)(A); to the Committee on 1995, pursuant to 22 U.S.C. 262a; to the Com- Railroad Retirement Board, transmitting Commerce. mittee on International Relations. the semiannual report on activities of the 1971. A letter from the Director, Office of 1981. A letter from the Assistant Secretary Office of Inspector General for the period Regulatory Management and Information, for Export Administration, Department of April 1, 1996, through September 30, 1996, pur- Environmental Protection Agency, transmit- Commerce, transmitting the Department’s suant to 5 U.S.C. app. (Insp. Gen. Act) sec- ting the Agency’s final rule—National Emis- final rule—Exports to Cuba; Support for the tion 5(b); to the Committee on Government sions Standards for Hazardous Air Pollut- Cuban People (Bureau of Export Administra- Reform and Oversight. ants for Source Categories: Gasoline Dis- tion) [15 CFR Part 746] (RIN: 0694–AB43) re- 1993. A letter from the Director, U.S. Infor- tribution (Stage I) [AD–FRL–5695–9] (RIN: ceived February 25, 1997, pursuant to 5 U.S.C. mation Agency, transmitting a report of ac- 2060–AD93) received February 25, 1997, pursu- 801(a)(1)(A); to the Committee on Inter- tivities under the Freedom of Information ant to 5 U.S.C. 801(a)(1)(A); to the Committee national Relations. Act for the calendar year 1996, pursuant to 5 on Commerce. 1982. A letter from the Chairman Pro Tem- U.S.C. 552(d); to the Committee on Govern- 1972. A letter from the Managing Director, pore, Council of the District of Columbia, ment Reform and Oversight. Federal Communications Commission, trans- transmitting a copy of D.C. Act 11–529, 1994. A letter from the Assistant Secretary mitting the Commission’s final rule— ‘‘Washington Convention Center Authority for Land and Minerals Management, Depart- Amendment of Section 73.202(b), Table of Al- Act of 1994 Time Extension Temporary ment of the Interior, transmitting the De- lotments, FM Broadcast Stations (Farmers- Amendment Act of 1997’’ received February partment’s final rule—Mining Claims Under ville, Blue Ridge, Bridgeport, Eastland, 26, 1997, pursuant to D.C. Code, section 1– the General Mining Laws; Surface Manage- Flower Mound, Greenville, Henderson, 233(c)(i); to the Committee on Government ment (Bureau of Land Management) [WO– Jacksboro, Mineola, Mt. Enterprise, Sher- Reform and Oversight. 660–4120–02–24 1A] (RIN: 1004–AC40) received man, and Tatum, Texas; and Ada, Ardmore, 1983. A letter from the Chairman Pro Tem- February 26, 1997, pursuant to 5 U.S.C. and Comanche, Oklahoma) [MM Docket No. pore, Council of the District of Columbia, 801(a)(1)(A); to the Committee on Resources. 96–10, RM–8738, RM–8799, RM–8800, RM–8801] transmitting a copy of D.C. Act 11–531, ‘‘Sup- 1995. A letter from the Chairman, Migra- received February 24, 1997, pursuant to 5 plemental Security Income Payment Tem- tory Bird Conservation Commission, trans- U.S.C. 801(a)(1)(A); to the Committee on porary Amendment Act of 1997’’ received mitting the annual report of activities for Commerce. February 26, 1997, pursuant to D.C. Code, sec- the fiscal year ended September 30, 1996, pur- 1973. A letter from the Managing Director, tion 1–233(c)(1); to the Committee on Govern- suant to 16 U.S.C. 715b; to the Committee on Federal Communications Commission, trans- ment Reform and Oversight. Resources. mitting the Commission’s final rule— 1984. A letter from the Chairman Pro Tem- 1996. A letter from the Director, Office of Streamlining the Commission’s Rules and pore, Council of the District of Columbia, Sustainable Fisheries, National Oceanic and Regulations for Satellite Application and Li- transmitting a copy of D.C. Act 11–527, ‘‘Nat- Atmospheric Administration, transmitting censing Procedures [IB Docket No. 95–117] re- ural and Artificial Gas Gross Receipts Tax the Administration’s final rule—Fisheries of ceived February 24, 1997, pursuant to 5 U.S.C. Temporary Amendment Act of 1997’’ received the Exclusive Economic Zone Off Alaska; 801(a)(1)(A); to the Committee on Commerce. February 26, 1997, pursuant to D.C. Code, sec- Inshore Component Pollock in the Bering February 27, 1997 CONGRESSIONAL RECORD — HOUSE H699

Sea Sub area [Docket No. 961107312–7012–02; U.S.C. 801(a)(1)(A); to the Committee on Mr. NORWOOD, Mr. PETRI, Mr. I.D. 021897C] received February 24, 1997, pur- Transportation and Infrastructure. RADANOVICH, Mr. RIGGS, Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 2005. A letter from the Assistant Secretary ROHRABACHER, Mr. ROYCE, Mr. SALM- tee on Resources. for Employment and Training, Department ON, Mr. SCARBOROUGH, Mr. SHADEGG, 1997. A letter from the Deputy Assistant of Labor, transmitting the Department’s Mr. SMITH of New Jersey, Mrs. LINDA Administrator for Fisheries, National Oce- final rule—Unemployment Insurance Pro- SMITH of Washington, Mr. SMITH of anic and Atmospheric Administration, trans- gram Letter 05–97—received February 14, Michigan, Mr. STEARNS, Mr. mitting the Administration’s final rule— 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the THORNBERRY, Mr. TIAHRT, Mr. WAMP, Magnuson-Stevens Fishery Conservation and Committee on Ways and Means. Mr. WATTS of Oklahoma, Mr. Management Act; Public Comments on Fish- 2006. A letter from the Chief, Regulations WELLER, Mr. WHITE, Mr. GOODE, Mr. ery Management Plans and Regulations Unit, Internal Revenue Service, transmitting PAUL, and Mr. GIBBONS): [Docket No. 970130016–7016–01; I.D. 012797F] the Service’s final rule—Determination of Is- H.R. 857. A bill to amend title II of the So- (RIN: 0648–xx80) received February 24, 1997, suance Price in the Case of Certain Debt In- cial Security Act to ensure the integrity of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- struments Issued for Property [Rev. Rul. 97– the Social Security trust funds by requiring mittee on Resources. 10] received February 24, 1997, pursuant to 5 the Managing Trustee to invest the annual 1998. A letter from the Acting Deputy As- U.S.C. 801(a)(1)(A); to the Committee on surplus of such trust funds in marketable in- sistant Administrator for Fisheries, National Ways and Means. terest-bearing obligations of the United Oceanic and Atmospheric Administration, 2007. A letter from the Chief, Regulations States and certificates of deposit in deposi- transmitting the Administration’s final Unit, Internal Revenue Service, transmitting tory institutions insured by the Federal De- rule—Fisheries in the Exclusive Economic the Service’s final rule—Timely Mailing posit Insurance Corporation, and to protect Zone Off Alaska; Groundfish of the Bering Treated as Timely Filing [Rev. Proc. 97–19] such trust funds from the public debt limit; Sea and Aleutian Islands Area; Halibut received February 25, 1997, pursuant to 5 to the Committee on Ways and Means. Quota Share Use Limits in Area 4 [Docket U.S.C. 801(a)(1)(A); to the Committee on By Mr. HERGER (for himself, Mr. No. 961121323–7027–02; I.D. 111396C] (RIN: 0648– Ways and Means. FAZIO of California, Mr. SMITH of Or- AJ05) received February 24, 1997, pursuant to egon, and Mr. FALEOMAVAEGA): f 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 858. A bill to direct the Secretary of Agriculture to conduct a pilot project on Resources. PUBLIC BILLS AND RESOLUTIONS 1999. A letter from the Assistant Adminis- designated lands within Plumas, Lassen, and trator for Fisheries, National Oceanic and Under clause 5 of rule X and clause 4 Tahoe National Forests in the State of Cali- Atmospheric Administration, transmitting of rule XXII, public bills and resolu- fornia to demonstrate the effectiveness of the Administration’s final rule—Fisheries of tions were introduced and severally re- the resource management activities proposed by the Quincy Library Group and to the Northeastern United States; Framework ferred as follows: 21 to the Northeast Multispecies Fishery amend current land and resource manage- By Mr. YOUNG of Alaska (for himself, Management Plan [Docket No. 970211028– ment plans for these national forests to con- Mr. GINGRICH, Mr. ROMERO-BARCELO, 7028–01; I.D. 012397A] (RIN: 0648–AJ34) re- sider the incorporation of these resource Mr. GALLEGLY, Mr. BURTON of Indi- ceived February 24, 1997, pursuant to 5 U.S.C. management activities; to the Committee on ana, Mr. SERRANO, Mr. KENNEDY of 801(a)(1)(A); to the Committee on Resources. Resources, and in addition to the Committee 2000. A letter from the Acting Director of Rhode Island, Mr. CALVERT, Mr. GIL- on Agriculture, for a period to be subse- the Office of Sustainable Fisheries, National MAN, Mr. RAHALL, Mr. TAUZIN, Mr. quently determined by the Speaker, in each Oceanic and Atmospheric Administration, GREEN, Mr. MCCOLLUM, Mr. DEUTSCH, case for consideration of such provisions as transmitting the Administration’s final Mr. POMBO, Mr. PAYNE, Mr. fall within the jurisdiction of the committee concerned. rule—Fisheries of the Exclusive Economic GILCHREST, Mr. JONES, Mr. STUMP, By Mr. KNOLLENBERG: Zone Off Alaska; Interim Closure of Flatfish Mr. SAWYER, Mr. FAZIO of California, H.R. 859. A bill to amend the Energy Policy Fisheries in Statistical Area 516 of the Ber- Mr. SKEEN, Mr. DOOLEY of California, Mr. KILDEE, Ms. NORTON, Mr. and Conservation Act to eliminate certain ing Sea and Aleutian Islands Management regulation of plumbing supplies; to the Com- Area [Docket No. 961107312–7021–02; I.D. UNDERWOOD, Mr. KLINK, Mr. HINCHEY, Mr. FARR of California, Mr. WYNN, mittee on Commerce. 021397A] received February 24, 1997, pursuant By Mrs. MORELLA (for herself and Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. DAVIS of Virginia, Mr. HALL of Ohio, Ms. JACKSON-LEE, Mr. DEFAZIO, BROWN of California): Resources. H.R. 860. A bill to authorize appropriations 2001. A letter from the Assistant Adminis- Mrs. MEEK of Florida, Mr. KUCINICH, Mr. BARCIA of Michigan, Mr. PASTOR, to the Department of Transportation for sur- trator for Fisheries, National Oceanic and face transportation research and develop- Atmospheric Administration, transmitting Mr. TORRES, Mr. PALLONE, Mr. PASCRELL, Mr. LEWIS of Georgia, Ms. ment, and for other purposes; to the Com- the Administration’s final rule—Fisheries of mittee on Science. PELOSI, Ms. CHRISTIAN-GREEN, Mr. the Exclusive Economic Zone Off Alaska; By Mr. MORAN of Kansas: VENTO, Mrs. MINK of Hawaii, Mr. Gulf of Alaska; Final 1997 Harvest Specifica- H.R. 861. A bill to authorize a farmer or PICKETT, Mr. KIM, Mr. ROTHMAN, Mr. tions for Groundfish [Docket No. 961126334– rancher whose bid for reenrollment of land ENGLISH of Pennsylvania, Mr. 7025–02; I.D. 111296A] (RIN: 0648–XX74) re- into the conservation reserve is rejected to FORBES, Mr. THOMPSON, Mr. ceived February 24, 1997, pursuant to 5 U.S.C. unilaterally extend the contract for a final HINOJOSA, Mr. ACKERMAN, Mr. OXLEY, 801(a)(1)(A); to the Committee on Resources. year; to the Committee on Agriculture. Mr. HASTINGS of Florida, Mr. 2002. A letter from the Director of the Of- By Mr. BENTSEN: fice of Sustainable Fisheries, National Oce- TIERNEY, Mr. ABERCROMBIE, Mr. BISH- H.R. 862: A bill to amend the Internal Rev- anic and Atmospheric Administration, trans- OP, Mr. SAXTON, Mr. MILLER of Cali- enue Code of 1986 to provide a decrease in the mitting the Administration’s final rule— fornia, Mr. ADAM SMITH of Washing- maximum rate of tax on capital gains which Fisheries of the Exclusive Economic Zone ton, Mr. ENGEL, Mr. JOHN, Mr. is based on the length of time the taxpayer Off Alaska; Offshore Component Pollock in DELAY, Ms. SLAUGHTER, and Ms. held the capital asset; to the Committee on the Bering Sea Subarea [Docket No. SANCHEZ): Ways and Means. 961107312–7021–02; I.D. 021997A] received Feb- H.R. 856. A bill to provide a process leading By Mr. BLAGOJEVICH: ruary 24, 1997, pursuant to 5 U.S.C. to full self-government for Puerto Rico; to H.R. 863. A bill to establish or expand ex- 801(a)(1)(A); to the Committee on Resources. the Committee on Resources, and in addition isting community prosecution program; to 2003. A letter from the Deputy Assistant to the Committee on Rules, for a period to be the Committee on the Judiciary. Administrator for Fisheries, National Oce- subsequently determined by the Speaker, in By Mr. BROWN of California (for him- anic and Atmospheric Administration, trans- each case for consideration of such provi- self, Mr. WATTS of Oklahoma, Mr. mitting the Administration’s final rule— sions as fall within the jurisdiction of the MALONEY of Connecticut, Ms. NOR- Fisheries of the Exclusive Economic Zone committee concerned. TON, Mr. FROST, Ms. JACKSON-LEE, Off Alaska; Groundfish Fishery of the Bering By Mr. NEUMANN (for himself, Mr. Mr. FATTAH, Mr. SANDERS, Mr. Sea and Aleutian Islands; Final 1997 Harvest MCINTOSH, Mr. SOUDER, Mr. METCALF, FILNER, Mr. CONYERS, Mr. BERMAN, Specifications for Groundfish [Docket No. Mr. BARTON of Texas, Mr. BASS, Mr. Mr. FOGLIETTA, Mr. DELLUMS, and 961107312–7021–02; I.D. 102296B] (RIN: 0648– BONO, Mr. BRYANT, Mr. BURR of North Ms. SLAUGHTER): XX69 received February 24, 1997, pursuant to Carolina, Mr. CAMPBELL, Mr. CHABOT, H.R. 864. A bill to require the Secretary of 5 U.S.C. 801(a)(1)(A); to the Committee on Mrs. CHENOWETH, Mr. CHRISTENSEN, the Treasury to mint coins in commemora- Resources. Mr. COBURN, Mrs. CUBIN, Mr. DUNCAN, tion of the centennial of the birth of Marian 2004. A letter from the Chairman, Surface Mr. ENGLISH of Pennsylvania, Mr. Anderson, to redesign the half dollar cir- Transportation Board, transmitting the ENSIGN, Mr. FOLEY, Mr. FORBES, Mr. culating coin for 1997 to commemorate Mar- Board’s final rule—Exemption of Freight GRAHAM, Mr. GUTKNECHT, Mr. HAST- ian Anderson, and for other purposes; to the Forwarders in the Noncontiguous Domestic INGS of Washington, Mr. HAYWORTH, Committee on Banking and Financial Serv- Trade from Rate Reasonableness and Tariff Mr. HILLEARY, Mr. HOEKSTRA, Mr. ices. Filing Requirements [STB Ex. Parte No. 598] HOSTETTLER, Mr. LAHOOD, Mr. By Mr. BRYANT (for himself and Mr. received February 25, 1997, pursuant to 5 LATOURETTE, Mrs. MYRICK, Mr. NEY, TANNER): H700 CONGRESSIONAL RECORD — HOUSE February 27, 1997 H.R. 865. A bill to provide that Kentucky tion, and Liability Act of 1980 to limit Fed- and to encourage States and local govern- may not tax compensation paid to a resident eral authority for response action for re- ments to use similar procedures; to the Com- of Tennessee for services as a Federal em- leases subject to State voluntary response mittee on the Judiciary, and in addition to ployee at Fort Campbell, KY; to the Commit- programs, to provide protection for prospec- the Committee on Education and the tee on the Judiciary. tive purchasers of land, and for innocent Workforce, for a period to be subsequently By Mr. CAMP: landowners, and for other purposes; to the determined by the Speaker, in each case for H.R. 866. A bill to provide that Members of Committee on Commerce, and in addition to consideration of such provisions as fall with- the House of Representatives may return un- the Committee on Transportation and Infra- in the jurisdiction of the committee con- used amounts from the Members’ representa- structure, for a period to be subsequently de- cerned. tional allowance to the Treasury for deficit termined by the Speaker, in each case for By Mr. UPTON (for himself, Mr. BROWN reduction; to the Committee on House Over- consideration of such provisions as fall with- of Ohio, Mr. DINGELL, Mr. HOEKSTRA, sight. in the jurisdiction of the committee con- Mr. KNOLLENBERG, Mr. KILDEE, Mr. By Mr. CAMP (for himself, Mrs. KEN- cerned. HEFLEY, Mr. RIGGS, Mr. TRAFICANT, NELLY of Connecticut, and Mr. SHAW): By Mr. HASTINGS of Washington (for Mr. SAWYER, Mr. SOUDER, Mr. H.R. 867. A bill to promote the adoption of himself, Mrs. SMITH of Washington, CANADY of Florida, Mr. BARCIA of children in foster care; to the Committee on Mr. NETHERCUTT, Ms. DUNN, Mr. Michigan, Mr. MCINTOSH, Mr. Ways and Means. MCDERMOTT, Mr. METCALF, Mr. SHADEGG, Mr. CAMP, and Mr. LEVIN): By Mr. CAMP: SMITH of Washington, Mr. DICKS, Mr. H.R. 880. A bill to provide for a reduction H.R. 868. A bill to amend title XVIII and WHITE, and Mr. TRAFICANT): in regulatory costs by maintaining Federal title XIX of the Social Security Act to pro- H.R. 874. A bill to provide that Oregon may average fuel economy standards applicable hibit expenditures under the Medicare Pro- not tax compensation paid to a resident of to automobiles in effect at current levels gram and Federal financial participation Washington for services as a Federal em- until changed by law; to the Committee on under the Medicaid Program for assisted sui- ployee at a Federal hydroelectric facility lo- Commerce. cide, euthanasia, or mercy killing, and for cated on the Columbia River; to the Commit- By Mrs. LOWEY (for herself and Ms. other purposes; to the Committee on Com- tee on the Judiciary. SLAUGHTER): merce, and in addition to the Committees on By Mr. HYDE (for himself and Mr. CON- H.R. 881. A bill to establish a medical edu- Ways and Means, and the Judiciary, for a pe- YERS): cation trust fund, and for other purposes; to riod to be subsequently determined by the H.R. 875. A bill to adjust, and provide a the Committee on Ways and Means, and in Speaker, in each case for consideration of procedure for the future adjustment of, the addition to the Committee on Commerce, for such provisions as fall within the jurisdic- salaries of Federal judges; to the Committee a period to be subsequently determined by tion of the committee concerned. on the Judiciary. the Speaker, in each case for consideration By Mr. COX of California: By Mrs. KELLY (for herself, Mr. of such provisions as fall within the jurisdic- H.R. 869. A bill to require a parent who is BACHUS, Mr. BENTSEN, Mr. BURTON of tion of the committee concerned. delinquent in child support to include his un- Indiana, Mr. CHABOT, Mr. DUNCAN, By Mr. MILLER of California (for him- paid obligation in gross income, and to allow Mr. FATTAH, Mr. FILNER, Mr. GOOD- self, Ms. PELOSI, Mr. FILNER, Ms. custodial parents a bad debt deduction for LING, Mr. SAM JOHNSON, Mr. LINDER, ESHOO, Ms. WOOLSEY, Mr. DELLUMS, unpaid child support payments; to the Com- Mr. MCHUGH, Mr. MANZULLO, Mr. Mr. STARK, and Mrs. TAUSCHER): mittee on Ways and Means. METCALF, Mr. MINGE, Ms. MOLINARI, H.R. 882. A bill to reduce the risk of oil pol- By Mr. FARR of California: Mrs. MYRICK, Mr. NORWOOD, Mr. lution and improve the safety of navigation H.R. 870. A bill to authorize the Secretary PITTS, Ms. PRYCE of Ohio, Mr. RIGGS, in San Francisco Bay by removing hazards of the Interior to enter into contracts to as- Ms. RIVERS, Mr. SCARBOROUGH, Mr. to navigation, and for other purposes; to the sist the Pajaro Valley Water Management BOB SCHAFFER, Mr. SENSENBRENNER, Committee on Transportation and Infra- Plan Agency, CA, to implement a basin man- Mr. SKEEN, Mr. SMITH of Michigan, structure. agement plan for the elimination of ground Mr. THORNBERRY, and Ms. WOOLSEY): By Mr. MORAN of Virginia (for him- water overdraft and seawater intrusion, and H.R. 876. A bill to amend the Internal Rev- self, Mr. DAVIS of Virginia, Mr. for other purposes; to the Committee on Re- enue Code of 1986 to increase the deduction FRANK of Massachusetts, Mr. GEJDEN- sources. for the health insurance costs of self-em- SON, and Mr. SERRANO): By Mr. FRANK of Massachusetts (for ployed individuals to 100 percent of such H.R. 883. A bill to amend the Truth in himself, Mr. LIPINSKI, Ms. JACKSON- costs; to the Committee on Ways and Means. Lending Act to simplify credit card pay- LEE, Mr. CONYERS, Ms. NORTON, Mr. By Mr. KLUG (for himself, Mr. MCCOL- ments to governments; to the Committee on LAFALCE, Mr. OBERSTAR, Ms. BROWN LUM, Mr. SAXTON, Mr. MCINTOSH, Mr. the Judiciary. of Florida, Mr. JEFFERSON, Mr. KLECZKA, Mr. SANDERS, Mr. By Mrs. MORELLA (for herself, Mr. FROST, Ms. PELOSI, Mr. DEFAZIO, and UNDERWOOD, Mr. KIND of Wisconsin, SERRANO, and Mr. GANSKE): Ms. SLAUGHTER): Mr. ANDREWS, Mr. CANADY of Florida, H.R. 884. A bill to amend the Public Health H.R. 871. A bill to provide rental assistance Mr. WATTS of Oklahoma, Mr. ENGLISH Service Act to provide for the training of under section 8 of the United States Housing of Pennsylvania, Mr. FOGLIETTA, Mr. health professions students with respect to Act of 1937 for victims of domestic violence WHITFIELD, Mr. TIAHRT, Mr. NEY, Ms. the identification and referral of victims of to enable such victims to relocate; to the SLAUGHTER, Ms. DELAURO, and Mr. domestic violence; to the Committee on Committee on Banking and Financial Serv- HINOJOSA): Commerce. ices. H.R. 877. A bill to amend the Higher Edu- By Ms. NORTON (for herself and Mrs. By Mr. GEKAS (for himself, Mr. cation Act of 1965 to prevent students called MORELLA): BILBRAY, Mr. BRYANT, Mr. BURR of to active duty from entering repayment on H.R. 885. A bill to prohibit any executive North Carolina, Mr. BUYER, Mr. student loans; to the Committee on Edu- branch agency from entering into any serv- CUNNINGHAM, Ms. DUNN, Mr. EHLERS, cation and the Workforce. ice contract if the services procured under Mr. ENGLISH of Pennsylvania, Ms. By Mr. LEWIS of Georgia (for himself, the contract can be performed at a lower ESHOO, Mr. GALLEGLY, Mr. GREEN- Mr. BLUMENAUER, Mr. FOX of Penn- cost by employees of the agency; to the Com- WOOD, Mr. GUTKNECHT, Mr. HASTERT, sylvania, Mr. SERRANO, Mr. MATSUI, mittee on Government Reform and Over- Mr. HAYWORTH, Mrs. KELLY, Mr. KIND Mr. CUMMINGS, Mr. GUTIERREZ, Mr. sight. of Wisconsin, Mr. LUTHER, Mr. MCDERMOTT, Ms. NORTON, Mr. By Ms. NORTON: MCCOLLUM, Mr. MCINTOSH, Mr. PAS- MCGOVERN, Mr. DELLUMS, Ms. ESHOO, H.R. 886. A bill to provide for funding for TOR, Mr. RAMSTAD, Mr. Mr. BONIOR, Ms. JACKSON-LEE, Mr. Federal employee pay adjustments and com- ROHRABACHER, Mr. SABO, Mr. SCHIFF, BORSKI, Mr. OLVER, Mr. OBERSTAR, parability payments through reductions in Mr. SENSENBRENNER, Mr. STUMP, and Mr. PASTOR, and Mr. JACKSON): agency spending on service contracts for fis- Mr. VENTO): H.R. 878. A bill to amend the Internal Rev- cal year 1996; to the Committee on Govern- H.R. 872. A bill to establish rules governing enue Code of 1986 to increase the amount of ment Reform and Oversight. product liability actions against raw mate- employer-provided transit passes excludable By Ms. NORTON (for herself and Mrs. rials and bulk component suppliers to medi- from income and require a cash-out option to MORELLA): cal device manufacturers, and for other pur- excludable parking fringe benefits, and for H.R. 887. A bill to require the Director of poses; to the Committee on the Judiciary, other purposes; to the Committee on Ways the Office of Management and Budget to de- and in addition to the Committee on Com- and Means. velop and implement a system for determin- merce, for a period to be subsequently deter- By Ms. LOFGREN (for herself, Mr. CON- ing and reporting the number of individuals mined by the Speaker, in each case for con- YERS, Mr. BERMAN, Mr. DELAHUNT, employed by non-Federal Government enti- sideration of such provisions as fall within Mr. FROST, Ms. SANCHEZ, Mr. KIND of ties providing services under contracts the jurisdiction of the committee concerned. Wisconsin, Ms. CHRISTIAN-GREEN, and awarded by executive branch agencies; to the By Mr. GREENWOOD (for himself and Mr. SCOTT): Committee on Government Reform and Mr. KLINK): H.R. 879. A bill to require initial intake Oversight. H.R. 873. A bill to amend the Comprehen- screenings and the use of youth development H.R. 888. A bill to amend the Omnibus Con- sive Environmental Response, Compensa- specialists in Federal juvenile proceedings, solidated Appropriations Act, for fiscal year February 27, 1997 CONGRESSIONAL RECORD — HOUSE H701

1997, to prohibit the contracting out of cer- tion for additional facilities, to select aban- Mr. KNOLLENBERG, Mr. GILLMOR, Mr. tain duties; to the Committee on Govern- doned and underutilized facilities in de- METCALF, Mr. TAUZIN, Mr. TALENT, ment Reform and Oversight. pressed communities; to the Committee on Mr. CRANE, Mr. BRYANT, Mr. ARCHER, By Ms. NORTON: Science. Mr. BILBRAY, Mr. BLILEY, Mr. HILL, H.R. 889. A bill to repeal various congres- By Mr. VISCLOSKY (for himself and Mrs. EMERSON, Mr. RADANOVICH, Mr. sionally imposed tax exemptions provided to Mr. STENHOLM): GOODLATTE, Mr. GIBBONS, Mr. entities in the District of Columbia, and for H.R. 898. A bill to achieve a balanced Fed- MANZULLO, Mr. SPENCE, Mr. BART- other purposes; to the Committee on Govern- eral budget by fiscal year 2002 and each year LETT of Maryland, and Mr. HULSHOF): ment Reform and Oversight. thereafter, achieve significant deficit reduc- H.R. 901. A bill to preserve the sovereignty By Mr. PORTER (for himself, Mr. tion in fiscal year 1998 and each year through of the United States over public lands and TOWNS, Mr. HINCHEY, Mr. PALLONE, 2002, establish a Board of Estimates, require acquired lands owned by the United States, Mr. ENGEL, Ms. LOFGREN, Mr. the President’s budget and the congressional and to preserve State sovereignty and pri- UNDERWOOD, Mr. LIPINSKI, Ms. budget process to meet specified deficit re- vate property rights in non-Federal lands PELOSI, Mr. DICKEY, Mr. HORN, Mr. duction and balance requirements, enforce surrounding those public lands and acquired WOLF, Mr. SOLOMON, Mr. MILLER of those requirements through a multiyear con- lands; to the Committee on Resources. Florida, Mr. EVANS, Mr. DREIER, Mr. gressional budget process and, if necessary, By Mr. LEWIS of Georgia (for himself, FALEOMAVAEGA, Ms. NORTON, Mr. GIL- sequestration, and for other purposes; to the Mr. HASTINGS of Florida, Mrs. MEEK MAN, Mrs. MORELLA, and Mr. WICK- Committee on the Budget, and in addition to of Florida, Mr. WATTS of Oklahoma, ER): the Committees on Ways and Means, and Mr. SCOTT, Mr. DELLUMS, Mr. FROST, H.R. 890. A bill to provide for special immi- Rules, for a period to be subsequently deter- Mr. FILNER, Ms. MCKINNEY, Mr. grant status for certain aliens working as mined by the Speaker, in each case for con- FALEOMAVAEGA, Mr. DIXON, Ms. NOR- journalists in Hong Kong; to the Committee sideration of such provisions as fall within TON, Mr. BARRETT of Wisconsin, Mr. on the Judiciary. the jurisdiction of the committee concerned. EVANS, Mr. GREEN, Mr. BONIOR, Mrs. By Mr. SAXTON (for himself, Mr. By Ms. WOOLSEY: MALONEY of New York, Mr. TOWNS, H.R. 899. A bill to provide funds for child DELAY, Mr. STUMP, Mr. MILLER of Ms. CHRISTIAN-GREEN, Mr. MORAN of care for low-income working families, and Florida, Mr. ARMEY, Mr. CHABOT, and Virginia, Ms. LOFGREN, Ms. JACKSON- for other purposes; to the Committee on Mr. SMITH of New Jersey): LEE, Mr. ACKERMAN, Mr. HINCHEY, Education and the Workforce. H.R. 891. A bill to amend the Internal Rev- Mr. FOGLIETTA, Mr. WALSH, Mr. BISH- By Mr. VENTO (for himself, Mr. enue Code of 1986 to increase the maximum OP, Mr. WYNN, Mr. LIPINSKI, Mr. HINCHEY, Mr. YATES, Mrs. MALONEY amount of contributions to individual retire- RUSH, and Mr. JEFFERSON): ment accounts and the amounts of adjusted of New York, Mr. GUTIERREZ, Mr. H.J. Res. 57. Joint resolution to authorize gross income at which the IRA deduction SANDERS, Mr. MCDERMOTT, Mr. LAN- the Ralph David Abernathy Memorial Foun- phases out for active participants in pension TOS, Mrs. MEEK of Florida, Mrs. MINK dation to establish a memorial in the Dis- plans, and to allow penalty-free distributions of Hawaii, Mr. TORRES, Mr. TRAFI- trict of Columbia or its environs; to the from individual retirement accounts and CANT, Ms. WOOLSEY, Mr. KILDEE, Mr. Committee on Resources. 401(k) plans for certain purposes; to the Com- PASTOR, Mr. CONYERS, Mr. DEUTSCH, By Mr. FATTAH (for himself, Mr. CON- mittee on Ways and Means. Mr. BORSKI, Mr. CLAY, Ms. RIVERS, YERS, Mrs. MALONEY of New York, By Mr. THOMPSON: Mrs. KENNELLY of Connecticut, Mr. Mr. NEAL of Massachusetts, Mr. H.R. 892. A bill to redesignate the Federal MEEHAN, Mr. KENNEDY of Rhode Is- WATTS of Oklahoma, Mr. BROWN of building located at 223 Sharkey Street in land, Mr. DELLUMS, Mr. RAMSTAD, California, Mr. CRAMER, Mrs. MEEK of Clarksdale, MS, as the ‘‘Aaron Henry United Mr. OBERSTAR, Mr. MINGE, Mr. Florida, Mr. BERMAN, Mr. FROST, Mr. States Post Office’’; to the Committee on FATTAH, Mr. EVANS, Mr. FAZIO of MCGOVERN, Mr. LEWIS of Georgia, Mr. Government Reform and Oversight. California, Ms. PELOSI, Mr. BONIOR, DELLUMS, Ms. NORTON, Ms. EDDIE By Mr. TOWNS (for himself and Mrs. Mr. WAXMAN, Mr. DEFAZIO, Mr. SABO, BERNICE JOHNSON of Texas, Mr. JOHNSON of Connecticut): Mrs. MORELLA, Mr. HOLDEN, Mr. HINCHEY, Ms. JACKSON-LEE, Mr. H.R. 893. A bill to amend title XVIII of the SKAGGS, Ms. LOFGREN, Ms. DELAURO, EVANS, Mr. OWENS, Mr. TOWNS, Mr. Social Security Act to provide for increased Mr. NADLER, Mr. SHAYS, Mr. FLAKE, COYNE, Mr. PAYNE, Mr. GUTIERREZ, Medicare reimbursement for nurse practi- Mr. GONZALEZ, Mrs. LOWEY, Mr. Mr. SCOTT, Ms. WATERS, Mr. DAVIS of tioners and clinical nurse specialists to in- GEJDENSON, Ms. FURSE, Mr. MARKEY, Illinois, Mr. KILDEE, Mr. DIXON, Mr. crease the delivery of health services in Mr. FILNER, Mr. OWENS, Mr. AN- WYNN, Mr. RUSH, Mr. GONZALEZ, Mr. health professional shortage areas, and for DREWS, Mr. ROMERO-BARCELO, Mr. CLEMENT, Mr. SHAYS, Mr. BONIOR, Mr. other purposes; to the Committee on Com- CARDIN, Mr. MCHALE, Mr. BROWN of JACKSON, Mr. UNDERWOOD, Mr. merce, and in addition to the Committee on California, Mr. BOUCHER, Mr. CUMMINGS, Mr. FOGLIETTA, Mr. MIL- Ways and Means, for a period to be subse- MALONEY of Connecticut, Mr. MORAN LER of California, Mr. RANGEL, Mr. quently determined by the Speaker, in each of Virginia, Mr. HALL of Ohio, Mr. FILNER, Ms. CHRISTIAN-GREEN, Mr. case for consideration of such provisions as ENGEL, Mr. OLVER, Mr. STARK, Mr. STOKES, Mr. HASTINGS of Florida, Mr. fall within the jurisdiction of the committee SERRANO, Ms. MCKINNEY, Mr. KEN- SERRANO, Mr. CLYBURN, Mr. JEFFER- concerned. NEDY of Massachusetts, Mr. NEAL of SON, Ms. SLAUGHTER, and Ms. MCKIN- H.R. 894. A bill to amend title XVIII of the Massachusetts, Mr. PAYNE, Mrs. NEY): Social Security Act to provide for increased TAUSCHER, Ms. SLAUGHTER, Mr. FARR H. Con. Res. 27. Concurrent resolution rec- Medicare reimbursement for physician as- of California, Mr. MATSUI, Ms. ognizing the importance of African-Amer- sistants, to increase the delivery of health DEGETTE, and Mr. BERMAN): ican music to global culture and calling on services in health professional shortage H.R. 900. A bill to designate certain lands the people of the United States to study, re- areas, for other purposes; to the Committee in Alaska as wilderness; to the Committee flect on, and celebrate African-American on Commerce, and in addition to the Com- on Resources. music; to the Committee on Education and mittee on Ways and Means, for a period to be By Mr. YOUNG of Alaska (for himself, the Workforce. subsequently determined by the Speaker, in Mr. CONDIT, Mr. SOLOMON, Mr. PICK- By Mr. CRANE (for himself, Mr. BART- each case for consideration of such provi- ETT, Mr. COBURN, Mr. TRAFICANT, Mr. LETT of Maryland, and Mr. WICKER): sions as fall within the jurisdiction of the POMBO, Mr. STENHOLM, Mr. HILLEARY, H. Con. Res. 28. Concurrent resolution ex- committee concerned. Ms. DANNER, Mrs. CHENOWETH, Mr. pressing the sense of the Congress with re- By Mr. TRAFICANT: ORTIZ, Mrs. CUBIN, Mr. PETERSON of spect to the right of all Americans to keep H.R. 895. A bill to amend section 106 of the Minnesota, Mr. HASTINGS of Washing- and bear arms in defense of life or liberty Housing and Urban Development Act of 1968 ton, Mr. NETHERCUTT, Ms. DUNN of and in the pursuit of all other legitimate en- to improve the housing and counseling pro- Washington, Mr. HOSTETTLER, Mr. deavors; to the Committee on the Judiciary. gram of the Department of Housing and HERGER, Mr. STUMP, Mr. BONO, Mr. By Mr. SANDERS (for himself and Mrs. Urban Development, and for other purposes; SMITH of Oregon, Mr. TAYLOR of MORELLA): to the Committee on Banking and Financial North Carolina, Mr. DOOLITTLE, Mr. H. Con. Res. 29. Concurrent resolution ex- Services. DICKEY, Mr. DUNCAN, Mr. NORWOOD, pressing the sense of the Congress that a na- H.R. 896. A bill to amend section 108(q)(4) Mr. HAYWORTH, Mr. MCINTOSH, Mr. tional summit of sports, political, commu- of the Housing and Community Development CUNNINGHAM, Mr. BARR of Georgia, nity, and media leaders should be promptly Act of 1974 to promote regional cooperation Mr. SKEEN, Mr. WELDON of Florida, convened to develop a multifaceted action in proposed plans for economic development Mr. CANADY of Florida, Mr. COMBEST, plan to deter acts of violence, especially do- grants; to the Committee on Banking and Fi- Mr. SENSENBRENNER, Mr. BACHUS, Mr. mestic violence and sexual assault; to the nancial Services. LEWIS of California, Mr. MCKEON, Mr. Committee on Education and the Workforce. H.R. 897. A bill to require the Adminis- GEKAS, Mrs. LINDA SMITH of Washing- By Mr. SCHUMER (for himself, Mrs. trator of the National Aeronautics and Space ton, Mr. COLLINS, Mr. STEARNS, Mr. LOWEY, Mr. YATES, Mr. FOLEY, Mr. Administration, in meeting the needs of the LARGENT, Mr. MILLER of Florida, Mr. WAXMAN, Mr. OWENS, Mr. FILNER, Mr. National Aeronautics and Space Administra- HUTCHINSON, Mr. KIM, Mr. CALVERT, GEJDENSON, Mr. LEWIS of Georgia, H702 CONGRESSIONAL RECORD — HOUSE February 27, 1997

Mr. DEUTSCH, Mr. ACKERMAN, Mr. H.R. 450: Mr. KLECZKA. H.R. 709: Mr. YOUNG of Alaska. GILMAN, Mr. ENGEL, Mr. MANTON, and H.R. 466: Mr. JACKSON, Mr. HINCHEY, Mr. H.R. 716: Mr. NEY and Mr. LARGENT. Mr. FRANK of Massachusetts): JONES, Mrs. CARSON, Mr. HALL of Ohio, Mr. H.R. 751: Mr. ROMERO-BARCELO´ , Mr. H. Con. Res. 30. Concurrent resolution to CAPPS, Mr. TIERNEY, Mr. ROMERO-BARCELO, SKAGGS, and Ms. SLAUGHTER. commend the National Broadcast Co., and and Mr. CANADY of Florida. H.R. 753: Mr. DICKS, Mr. FRANK of Massa- the Ford Motor Co., for broadcasting the H.R. 481: Mr. DELLUMS and Mr. KLINK. chusetts, Mr. THOMPSON, Mr. POMEROY, Ms. film ‘‘Schindler’s List’’ in its original, uned- H.R. 482: Mr. HINCHEY, Mr. MORAN of Vir- JACKSON-LEE, Ms. NORTON, Mr. SANDERS, and ited version and without commercial inter- ginia, Mr. ACKERMAN, Mr. ENGLISH of Penn- Mr. MCGOVERN. ruption; to the Committee on Commerce. sylvania, Mr. LARGENT, Mrs. JOHNSON of Con- H.R. 755: Mr. YOUNG of Alaska, Mr. CLEM- f necticut, and Mrs. KELLY. ENT, and Mr. LEACH. H.R. 498: Mr. NEY. H.R. 786: Mr. JENKINS, Mr. HILLEARY, Mr. ADDITIONAL SPONSORS H.R. 528: Mr. ROGAN and Ms. JACKSON-LEE. GORDON, Mrs. THURMAN, and Mr. SPRATT. Under clause 4 of rule XXII, sponsors H.R. 539: Mr. ENGLISH of Pennsylvania. H.R. 789: Mr. BARRETT of Nebraska. H.R. 553: Mr. CONYERS, Mr. FROST, Mr. were added to public bills and resolu- H.R. 791: Mr. MINGE. RUSH, Mr. GEJDENSON, Mr. SAWYER, Mr. H.R. 823: Mr. SCARBOROUGH and Mr. tions as follows: WYNN, and Ms. SLAUGHTER. ROHRABACHER. H.R. 34: Mr. SENSENBRENNER, Mr. HORN, H.R. 563: Mr. DOYLE, Mr. ENGLISH of Penn- H.J. Res. 17: Mr. SANDERS and Mrs. and Mr. THOMAS. sylvania, Mr. BROWN of Ohio, Mr. GIBBONS, MALONEY of New York. H.R. 81: Mr. BURTON of Indiana. Mr. NEY, Mr. HERGER, Mr. FROST, Mr. H.J. Res. 54: Mr. COOKSEY, Mrs. JOHNSON of H.R. 85: Ms. NORTON, Mrs. MORELLA, Mr. FILNER, Mr. EVANS, Mr. BORSKI, Mr. LIPINSKI, Connecticut, and Mr. PETERSON of Penn- ACKERMAN, Mr. SABO, and Ms. JACKSON-LEE. and Mr. ACKERMAN. sylvania. H.R. 87: Mr. COBURN. H.R. 566: Mr. FOGLIETTA. H. Con. Res. 4: Mr. RUSH, Ms. VELAZQUEZ, H.R. 127: Mr. ADAM SMITH of Washington, H.R. 574: Mr. OWENS, Ms. WOOLSEY, and Mr. and Mr. PASTOR. Mr. MORAN of Virginia, and Mr. MENENDEZ. DAVIS of Illinois. H. Con. Res. 6: Mr. ROYCE. H.R. 143: Mr. LEWIS of Georgia, Mr. SES- H.R. 586: Mr. BERMAN, Mr. DEAL of Georgia, H. Con. Res. 13: Mr. HINCHEY, Mr. MAR- SIONS, Mr. FRANK of Massachusetts, Mrs. Mr. EWING, Mr. FOLEY, Mr. KASICH, Mr. TINEZ, Mr. FLAKE, Mr. YOUNG of Alaska, Mr. KENNELLY of Connecticut, Ms. CHRISTIAN- MCCOLLUM, Mr. MCINTOSH, Mr. MINGE, Mrs. BONIOR, Mr. FOLEY, Mr. ABERCROMBIE, Ms. GREEN, and Ms. LOFGREN. MORELLA, Mr. NEUMANN, and Mr. TURNER. SLAUGHTER, Mr. LOBIONDO, Mr. MCHUGH, and H.R. 145: Mr. DOYLE, Mr. DELLUMS, and Ms. H.R. 588: Mr. TALENT, Mr. WISE, and Mr. Mr. GREENWOOD. SLAUGHTER. FARR of California. H. Con. Res. 23: Mr. YATES, Mr. MINGE, Mr. H.R. 148: Ms. SLAUGHTER. H.R. 589: Mr. INGLIS of South Carolina, Mr. PETRI, Ms. RIVERS, Mr. BROWN of California, H.R. 200: Mr. PALLONE, Mr. FOLEY, Mr. CRANE, Mr. RADANOVICH, and Mr. WELDON of Ms. LOFGREN, and Mr. DINGELL. BOUCHER, Mr. PACKARD, and Mr. HORN. Pennsylvania. H. Res. 16: Mr. LAHOOD. H.R. 203: Mr. BLUMENAUER. H.R. 607: Mr. FRANK of Massachusetts, Mr. H. Res. 22: Mr. GEPHARDT and Mr. SHAYS. H.R. 213: Mr. OWENS and Mr. BONIOR. RUSH, Mr. DELLUMS, Mr. COOK, Mr. H. Res. 37: Mr. SNYDER and Mr. BOEHLERT. H.R. 218: Mr. YOUNG of Alaska, Mr. FALEOMAVAEGA, Mr. STUMP, Mr. SISISKY, and H. Res. 45: Ms. PELOSI, Mr. UNDERWOOD, Ms. LATOURETTE, Mr. HAYWORTH, and Mrs. EMER- Mr. GILMAN. NORTON, Mr. OLVER, Mr. MCGOVERN, Mrs. SON. H.R. 611: Mr. DEFAZIO, Mr. FRANK of Mas- KELLY, Mr. LEACH, and Mr. FLAKE. H.R. 231: Mrs. THURMAN. sachusetts, Mr. FARR of California, Mr. ACK- H. Res. 48: Mrs. NORTHUP and Ms. SLAUGH- H.R. 281: Mrs. MALONEY of New York. ERMAN, Mr. SABO, Ms. DELAURO, Mr. FORBES, TER. H.R. 290: Mr. RUSH, Mr. LEWIS of Georgia, Ms. LOFGREN, Mr. MCNULTY, Mr. NADLER, Mr. DEUTSCH, and Mr. EVANS. Mr. BROWN of Ohio, Mr. PAYNE, Mr. QUINN, f H.R. 291: Mr. FURSE and Mr. RUSH. Mr. RAMSTAD, Ms. ESHOO, Mr. MOAKLEY, Mr. H.R. 305: Mr. ABERCROMBIE, Mr. DEUTSCH, KILDEE, Mr. MCGOVERN, Mr. FAWELL, Ms. DELETIONS OF SPONSORS FROM Mr. HOBSON, Mr. WYNN, and Mr. KLECZKA. WOOLSEY, and Mr. LATOURETTE. PUBLIC BILLS AND RESOLUTIONS H.R. 312: Mr. COBURN and Mr. LUCAS of H.R. 615: Mr. ADAM SMITH of Washington, Oklahoma. Mr. TIERNEY, Mr. TOWNS, Mr. MARTINEZ, Mr. Under clause 4 of rule XXII, sponsors H.R. 339: Mr. MCINTOSH, Mr. YOUNG of Alas- FORD, and Mr. ACKERMAN. were deleted from public bills and reso- ka, Mr. MURTHA, and Mr. HALL of Texas. H.R. 619: Mr. ABERCROMBIE, Mr. WAXMAN, lutions as follows: H.R. 367: Mr. MCKEON. Mr. LIPINSKI, Mr. DEFAZIO, Mr. GILCHREST, H.R. 539: Mr. TOWNS, Mr. ACKERMAN, Mr. H.R. 386: Mr. LATOURETTE. Mr. THOMPSON, Mr. VENTO, Mr. WEXLER, Mr. MARTINEZ, and Mr. FORD. H.R. 399: Mr. RUSH and Mr. MARTINEZ. GALLEGLY, Mrs. LOWEY, Ms. JACKSON-LEE, H.R. 615: Mr. ENGLISH of Pennsylvania. H.R. 407: Ms. MOLINARI, Ms. NORTON, Mr. and Mr. FOGLIETTA. ACKERMAN, Mr. LEWIS of California, Ms. H.R. 630: Mr. ROYCE. f SLAUGHTER, Mr. LOBIONDO, Mr. KLUG, and H.R. 638: Mr. CANADY of Florida, Ms. NOR- Mr. MCGOVERN. TON, Mr. BATEMAN, and Mr. STEARNS. PETITIONS, ETC. H.R. 426: Mr. ROGERS, Mr. SNOWBARGER, H.R. 640: Mr. BURR of North Carolina. and Mr. GALLEGLY. H.R. 674: Mr. CHAMBLISS, Ms. GRANGER, Mr. Under clause 1 of rule XXII, H.R. 446: Mr. HASTINGS of Washington, Mr. MCCRERY, Mr. DEUTSCH, Mr. LAMPSON, and 8. The SPEAKER presented a petition of LEACH, Mr. DICKEY, Mr. TALENT, Mr. Mr. FOLEY. the town council of Bristol, RI, relative to KNOLLENBERG, Mr. HALL of Texas, Mr. DEAL H.R. 680: Mr. DELLUMS. the Pokanoket Tribe of the Wampanoag Na- of Georgia, Mr. DELAHUNT, Mr. HEFNER, and H.R. 684: Mr. MORAN of Virginia. tion; which was referred to the Committee Mr. CHABOT. H.R. 702: Mr. GEKAS. on Resources. 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, THURSDAY, FEBRUARY 27, 1997 No. 23 Senate The Senate met at 11 a.m., and was I appreciate, also, your moving and that is required to pass this constitu- called to order by the President pro wonderful prayer. Thank you, and tional amendment for a balanced budg- tempore [Mr. THURMOND]. enjoy the day here in the U.S. Senate. et. We are still working on it, and I am The PRESIDENT pro tempore. To- f looking forward to working with my day’s prayer will be offered by Rev. colleagues on both sides of the aisle in RECOGNITION OF THE MAJORITY Msgr. Michael J. Long, of St. Agnes this effort. LEADER Parish, Sellersville, PA. He is a guest I thank the Senator from Florida. We of Senator SANTORUM of Pennsylvania. The PRESIDENT pro tempore. The will be look forward to hearing his able majority leader of the U.S. Sen- comments on this amendment. PRAYER ate, Mr. LOTT, is recognized. I yield the floor. The guest Chaplain, Rev. Msgr. Mi- SCHEDULE f Mr. LOTT. Mr. President, today the chael J. Long, of St. Agnes Parish, of- PRIVILEGE OF THE FLOOR— Senate will be immediately resuming fered the following prayer: SENATE JOINT RESOLUTION 1 All powerful and ever-living God, in consideration of Senate Joint Resolu- You we live and move and have our tion 1, the constitutional amendment The PRESIDENT pro tempore. The being. We ask You to look with favor requiring a balanced budget. By unani- distinguished Senator from Florida. on the Members of this Senate. Give mous consent, Senator Graham of Flor- Mr. GRAHAM. Mr. President, I ask them wisdom, strength, and vision in ida will be recognized to debate his unanimous consent Ms. Barbara their deliberations. We humbly admit amendment. Following 90 minutes of Ramey, a fellow working in my office, that we cannot discharge our duties debate on Senator GRAHAM’s amend- and Mr. David Hawkins, an intern, be without Your supernatural help. Our ment, a vote will occur on or in rela- permitted the privilege of the floor own natural abilities, unaided by Your tion to the Graham amendment at ap- during debate this morning on the assistance, are inadequate as we strug- proximately 12:30 p.m. amendment which I offered. gle to bring peace and justice through- Following that vote, Senator FEIN- The PRESIDENT pro tempore. With- out our beloved country and our world. GOLD will be recognized to debate on out objection, it is so ordered. You are the source of all the good that one of his amendments, and we will Mr. GRAHAM. I thank the Chair. is in each one of us. Give us the insight continue debate on several pending f and inspiration to meet the challenges amendments with those votes stacked BALANCED BUDGET AMENDMENT that we face. this afternoon. I do not believe we have TO THE CONSTITUTION O God, Maker and Lover of peace, to an exact time agreed to yet when that The PRESIDENT pro tempore. The know You is to live, to serve You is to will occur. We will notify the Members, clerk will report the pending business. when we have the 12:30 vote, when the reign. All our faith is in Your saving The assistant legislative clerk read next vote will actually occur. help. We offer this day to praise and as follows: glorify You in all we say and do. Amen. Following those stacked votes, we A joint resolution (S.J. Res. 1) proposing The PRESIDENT pro tempore. The will turn to Senator BUMPERS’ amendment, with additional rollcall votes ex- an amendment to the Constitution of the able Senator from Pennsylvania [Mr. United States to require a balanced budget. SANTORUM]. pected during today’s session. We will The Senate resumed consideration of f also, hopefully, get a final agreement on all the amendments that may be of- the joint resolution. WELCOMING REV. MSGR. MICHAEL fered, and then we will be able to give Pending: J. LONG Hollings-Specter-Bryan amendment No. 9, the Members some information about to add a provision proposing an amendment Mr. SANTORUM. Mr. President, I what to expect, if anything, on Friday to the Constitution of the United States re- join you in welcoming a constituent of and also on Monday. lating to contributions and expenditures in- mine and a great minister to the people Even though we had some disappoint- tended to affect elections. of Pennsylvania in Sellersville and ment yesterday with one of the Sen- Leahy (for Kennedy) amendment No. 10, to throughout the Philadelphia diocese, ators who indicated he would be voting provide that only Congress shall have au- Monsignor Long. I welcome him here for this amendment last year and now thority to enforce the provisions of the bal- today to the U.S. Senate and thank has indicated he will not, I encourage anced budget constitutional amendment, unless Congress passes legislation specifically him for his outstanding service, now 43 my colleagues to remember the vote granting enforcement authority to the Presi- years, to the diocese of Philadelphia has not been taken yet, and I still am dent or State or Federal courts. and 14 years at St. Agnes Parish in hopeful that we are going to find a way Graham-Robb amendment No. 7, to strike Sellersville. to have the number of votes, the 67, the limitation on debt held by the public.

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

S1689

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1690 CONGRESSIONAL RECORD — SENATE February 27, 1997 Bumpers motion to refer the joint resolu- is currently written is, in my judg- System, foreign governments, and cen- tion to the Committee on the Budget with ment, flawed. Section 2 of the balanced tral banks. All of that constitutes debt instructions to report back forthwith with budget amendment—and I ask my col- held by the public which today rep- Bumpers-Feingold amendment No. 12, in the leagues who are here today, and those resents $3.9 trillion. nature of a substitute. Debt the Government owes to itself Feingold amendment No. 13, to require ap- who might be watching on television, if proval of the amendment to the Constitution they would take this opportunity to is the total of all trust fund surpluses, within 3 years after the date of its submis- read section 2—section 2 purports to including those of Social Security, sion to the States for ratification. control the limit on debt held by the Medicare, and Federal retirement pro- Feingold amendment No. 14, to permit the public. But I believe that the complex grams. Under current law, surpluses in use of an accumulated surplus to balance the policy implications of this section these trust funds must be invested in budget during any fiscal year. make it one of the least understood Federal Government securities. Social Conrad (for Rockefeller) amendment No. provisions of this constitutional Security is the largest of these, cur- 18, to establish that Medicare outlays shall rently accounting for $638 billion of not be reduced in excess of the amount nec- amendment. Without a doubt, section 2 essary to preserve the solvency of the Medi- is the key to ensuring the enforcement trust fund balances. care Health Insurance Trust Fund. of the balanced budget amendment. It Mr. President, the red component of this chart represents the amount of the AMENDMENT NO. 7 has been referred to as the safety lock The PRESIDING OFFICER (Mr. of the balanced budget amendment. total Federal debt which is owed to the Social Security trust fund. Today, it is HUTCHINSON). The clerk will report the But it simply does not go far enough to $638 billion. The green represents the pending amendment. control the growth of the Federal debt, The assistant legislative clerk read and it denies us some important policy borrowing of the Federal Government as follows: objectives which could be accomplished from all other Federal trust funds. by the adoption of the amendment That number has been, over time, ap- An amendment (No. 7), previously proposed proximately $900 billion. And I have de- by the Senator from Florida [Mr. GRAHAM] which I offer. picted it on this chart, for purposes of for himself and Mr. ROBB: I would like to first read the precise On page 2, line 17, strike ‘‘held by the pub- language of section 2. Section 2 states: display, as a consistent $900 billion. lic’’. The total of the Federal Government The limit of debt held by the public shall debt that is not held by the public— Mr. GRAHAM addressed the Chair. not be increased unless three-fifths of the The PRESIDING OFFICER. On this whole number of each House shall provide by that is, that debt which would not be amendment, there are 90 minutes law for such an increase by a rollcall vote. subject to constraint under this equally divided. The Senator from That is, verbatim, the language of amendment—is currently $1.6 trillion. The Congressional Budget Office Florida. section 2. My amendment would strike projects that the total Federal debt, all Mr. GRAHAM. Mr. President, I am an four words from section 2. Those words debt owed by the Federal Government, original cosponsor of the balanced are ‘‘held by the public,’’ therefore, will be $5.4 trillion at the end of this budget amendment. I support the leaving the amendment as originally amendment. It is an important meas- fiscal year. written except ‘‘the limit of debt shall I am not surprised that there is some ure, both to maintain the momentum not be increased unless three-fifths of confusion about this arcane subject of toward a balanced budget and to assure the whole number. the allocation of the total Federal debt that, once we have reached a point of These four words constitute less than among various categories. That confu- balance, we will stay there. For far too a sentence within the balanced budget sion has permeated the committee that long, our Nation has been living on amendment. They carry with them a reported this bill, it has permeated borrowed money, the credit cards of number of important policy implica- Members of the executive branch and our children and our grandchildren. tions. the media. Let me just cite some exam- Our children and grandchildren deserve Under the proposed amendment, ples of that misunderstanding. better. They deserve to inherit a na- three-fifths of the whole number of Mr. President, on our desks, each tion whose fiscal house is in order. each House would be needed to raise Senator has a copy of the report of the Today, every child in America is sad- the debt ceiling as it relates only—and Judiciary Committee when it rec- dled with a debt at birth of more than I emphasize only—to that debt held by ommended favorably the adoption of $20,000. That debt is growing. I believe the public, not to the total Federal the balanced budget amendment. Let strongly that the long-term economic debt. me quote from the committee report future of our country is in jeopardy. It This provision will assist in enforcing on page 20. It states: is in jeopardy unless we are able to ar- the balanced budget amendment by To run a deficit, the Federal Government rest this mountain of annual deficits creating a voting requirement of 40 must borrow funds to cover its obligations. and the cumulative national debt. Ar- percent plus 1 to increase the debt. Section 2 removes the borrowing power from resting this increase is the only way to Simply that 41 Senators will refuse to the Government, unless three-fifths of the assure fiscal restraint over the future go along with the proposal to raise the total membership of both Houses vote to decades. debt held by the public should serve as raise the debt limit. This administration deserves a great a powerful enforcement mechanism, Wrong. This statement is inaccurate, deal of credit. When President Clinton but it does not go far enough to halt because section 2 does not limit the came into office, he was faced with the the growth of the Federal debt. Government’s ability to borrow. In largest annual deficit in the history of Mr. President, let me provide a little fact, as this chart indicates, under cur- America, $290 billion. Over the past 4 background regarding the distinction rent law and the requirement that the years, that deficit has been reduced to between debt held by the public, the Federal Government borrow all of the $107 billion—a very significant accom- language that is currently in section 2, surpluses that are available from these plishment. However, a balanced budget and the total national debt, which trust funds, by the midpoint of the sec- amendment to the Constitution can would be the application of section 2 if ond decade of the 21st century, the guarantee that future Presidents and my amendment were adopted. Federal Government will have an in- future Congresses cannot repeat the The total national debt, sometimes debtedness of $8.5 trillion, and every- mistakes of recent history. We cannot referred to as debt subject to limit, is thing above the blue line can be en- do as we have done in the last 20 years, divided into two categories: debt held cumbered by a majority vote of the add $4.5 trillion to our national debt. by the public and debt that the Govern- Congress, without the protection of the I believe, therefore, that in its cur- ment owes itself. three-fifths vote. This is not specula- rent form, the balanced budget amend- On this chart, the blue section is that tion, this is ordained by the laws that ment is clearly superior to the alter- portion of our national debt which is we have passed and the absence of a native, which is the status quo that has held by the public. Today, it is approxi- three-fifths vote for all of the debt served us so poorly over the last two mately $3.9 trillion. Debt held by the above the blue line. The Government decades. public is that debt which is issued to will borrow almost $2 trillion of addi- That said, I want to point out that individuals, corporations, State or tional indebtedness between the year the balanced budget amendment as it local government, the Federal Reserve 2002 and 2019.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1691 But it is not just our own Judiciary ple and places a constraint on total na- what was required in order to meet Committee that misunderstands the tional debt. that year’s obligations for Social Secu- application of section 2. The Secretary It will be to those who wish to use rity. of the Treasury, Robert Rubin, blurred their portion of the time to oppose my There was recognition that as our de- the distinction in an opinion column he amendment to explain what that com- mographics were changing and larger wrote in the Washington Post on Feb- pelling national interest is that says and larger numbers of people were com- ruary 2 of this year, where he said: that we should only limit one segment ing into the Social Security system Finally, as we saw in 1995 and 1996, the his- of the national debt and should let the and they were living longer and there- tory of debt limit shows that raising the other balloon to an $8.5 trillion na- fore utilizing the system for more statutory debt limit is never an easy process. tional debt within the lifetime of most years, that that pay-as-you-go system Yet, right now it is possible to raise the debt of the people who are in this room and was a certain railroad track to dis- limit with a simple majority vote in both listening to this on television. aster. Houses. By requiring a three-fifths super- I find no such compelling reason. I majority vote, the amendment would make find, to the contrary, powerful reasons So in 1983, under President Reagan, a it far more difficult. to deliver an amendment that the peo- commission was established to look at Again, the Secretary fails to point ple expect. Not only would such an the long-term well-being of Social Se- out the distinction that the three- amendment be consistent with our rep- curity. That commission recommended fifths vote only applies to that portion resentations and the expectations of that the United States adopt a system, of the debt which is held by the public, the American people, this amendment which is used by most other industri- not to that growing portion of debt would have some powerful policy bene- alized countries which have a Social which is going to be represented by fits. Security System, that rather than borrowings from the surpluses of the First, it would have the effect of have a pay-as-you-go program, we Federal trust funds, especially that avoiding another massive increase in would have a program in which the So- enormous trust fund of Social Secu- national debt. Adopting the amend- cial Security System would con- rity. ment that I offer would say that as of sciously and purposefully operate in a Even more, the news media has led the effective date, the year 2002, that surplus position during those years the American people to believe that rather than have the then $6.7 trillion when there was relatively less demand this amendment will provide a safety continue to grow to $8.5 trillion, that on the system so that when the demand lock on all future borrowings. The Feb- $6.7 trillion—an enormous, staggering increased, there would be a pool of re- ruary 21, 1997, edition of the Wash- national debt as it is—at least would sources in order to meet those addi- ington Post, for example, indicated become the plateau for our national tional obligations of the Federal Gov- that ‘‘a three-fifths majority of both debt, that we would not allow further ernment to America’s retirees. Houses would be required to waive the growth in our total debt without a This all occurred at a time when we requirement and to raise the national three-fifths vote of the Congress to do were still operating in the national tra- debt limit.’’ so. I believe that would be a tremen- dition of relatively modest national Wrong. The only three-fifths require- dous benefit to the American people. debt. As recently as 1980, we had a na- ment would be to that dwindling por- I would like to talk about some of tional debt of less than $1 trillion. That tion of the national debt which is rep- the other policy implications that are was the environment in which the resented by that which we borrow from involved in subjecting total national Greenspan commission was making its the general public and would not apply debt, as opposed to only that compo- recommendations. to the indebtedness which we borrow, nent of debt held by the public, to the So what did they expect we would do essentially, from ourselves through the three-fifths requirement. with all of these surpluses that their Federal surpluses in trust funds. Applying the three-fifths restraint to proposal was directing be accumulated Mr. President, I believe that we debt held by the public is going to cre- in order to have a pool of resources to should deliver to the American people ate an unintended consequence. That meet future demands? What they con- what the American people expect. They unintended consequence is that there templated was that the Social Security expect an amendment that would pro- will be an incentive to borrow from surpluses would be used to buy down vide for control on the total national these trust funds because you can bor- the debt held by the public. In fact, debt. That is what we have led them to row from the trust funds by a majority their calculations in the early 1980’s believe we are considering. vote. It takes a three-fifths vote to were that we would have virtually Probably one of the most commonly issue debt to the public. Therefore, the eliminated the debt held by the public, used examples of our runaway national likelihood is that we will see, as the the surpluses in Social Security would debt is the debt clock. It is not on the chart indicates, a dramatic expansion have been so great. floor today, but it was in the Judiciary in the proportion of our national debt Committee on the day that I testified What they failed to anticipate was which is held by these trust funds. the fact that we would lose all this train favor of the balanced budget amend- Those who are concerned about the ment. dition of fiscal discipline in the coun- long-term security of Social Security try and would go into an unprece- What are the numbers on that clock? ought to be very concerned when they The numbers on that clock are not the dented period of a binge of deficits that see that not only is the national debt would escalate our national debt from numbers that reflect debt held by the rising to $8.5 trillion, and every one of public. The numbers on that clock are less than $1 trillion to today’s $5.4 tril- those trillion dollars will require in the lion. those that are consistent with the na- range of $65 to $75 billion a year in debt tional debt of $5.4 trillion. That is the service, but also they will see that we My amendment will return us to debt that the American people have have not accomplished what the Green- what was the expectation of the Green- been led by us to believe that we are span commission in 1983 contemplated span commission, albeit not to the ex- trying to control. would be accomplished in terms of the tent that they had contemplated be- I believe that in order to avoid fur- use of the Social Security surpluses. cause conditions are different in 1997 ther adding to the skepticism and cyni- Let me just divert for a moment to than they were in 1983. cism of the American people, we ought go back to where we were in the late What we will be doing with this to give them an amendment which is 1970’s and the early 1980’s. amendment is we will be not adding to consistent with what they believe we Up until that time Social Security the national debt through the addi- are providing to them because that is was a pay-as-you-go system. Every tions to the Social Security surplus, what we have told them we are trying year the Congress would look at the but rather will be buying down the to accomplish. amount of money that was likely to be debt which is currently held by the Unless there is a compelling reason required to meet obligations in the public so that when we reach the point to do otherwise, we should pass a bal- next year, would examine how much that we will start making substantial anced budget amendment that meets was coming into the trust fund and, if payments to the baby-boomer wave of the expectations of the American peo- there was a gap, would appropriate retirees, we will be operating from a

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1692 CONGRESSIONAL RECORD — SENATE February 27, 1997 dramatically lower level of total na- Third, it is simple. It does not add We hear people continuing to say, tional debt and an equally dramati- complex additional theories to the bal- ‘‘Well, let’s just do it.’’ We have not cally lower level of debt held by the anced budget amendment. It deletes just done it, and here is the evidence. public. words which may appear to be benign I yield such time as he may consume If you are concerned about the secu- but which, in my opinion, have serious to the Senator from Idaho. rity of the Social Security System, if negative policy implications when we Mr. CRAIG. I thank my colleague you want to say, ‘‘I want to have a bal- only restrict the national debt to that from Wyoming for yielding. Let me say anced budget amendment, but I don’t held by the public. at the outset of my comments that I want to have a balanced budget amend- Fourth, it will have a very positive am pleased to join with Senator GRA- ment that is excessively complex impact on the Nation’s economy. It HAM today in a discussion about an which is written in statutory terms will release the $2 trillion, which under area of the balanced budget amend- rather than constitutional terms,’’ my the amendment, the balanced budget ment that he admits is not necessarily friends, I would suggest that the way amendment section 2 language that is viewed with the kind of critical nature to accomplish all of those objectives currently before the Senate, will be that other parts of the amendment and to do what the commission that used to fund additional national debt, have been. The Senator from Florida gave us our current Social Security will become $2 trillion that can be used has, in a very sincere way, taken a System contemplated is to adopt my to invest in the private sector, con- close look at this and tried to offer an amendment and direct that these So- tribute to lower interest rates, stimu- alternative that maybe on the outset cial Security surpluses will not be used lating economy growth and more jobs. bears some attractiveness. I was ap- as the basis of new national debt but When the Social Security surpluses proached by the Senator and in good rather will be used as the basis for sub- faith took a detailed look at his stitution for the debt that is currently are used to buy down the debt held by the public, less private capital will be amendment, and my reaction in the held by the public. next few minutes are as follows. In my opinion, and representing a tied up in Government borrowing. Those private investment resources I do not question the sincerity at all State which has proportionately more of the Senator from Florida for what Social Security beneficiaries than any will be redirected to the private sector, creating positive economic growth. he is attempting to do here, to assure other State in the Nation, this is the that the trust funds of Social Security Fifth, it will protect the Social Secu- way to protect Social Security at the are held solvent from his perspective rity from those in Congress who would same time we protect our grand- and yet to deal with the issue of debt. exploit its unique standing as the easi- children against an enormous layering Our amendment is straightforward. on of additional debt. est source of capital from which to bor- Section 1 contains the balanced budg- Mr. President, the amendment that I row. Social Security trust funds will be et rule, total outlays should not exceed have offered would eliminate the cur- treated equally and fairly under my total receipts except by a three-fifths rent amendment’s incentive to exces- amendment with all other sources of vote. Section 6 allows good-faith use of sively borrow from Social Security be- borrowing by the Federal Government, reasonable estimates in planning a bal- cause all national debt, whether it is without giving any program any spe- anced budget. In Senate Joint Resolu- held by the general public or held from cial standing in the Constitution and tion 1 the numbers match up. The bal- internal accounts such as Social Secu- not creating the perverse incentive to anced budget rule and the enforcement rity, will be treated equally in terms of go first to the Social Security trust of that rule correspond with each the three-fifths requirement in order to fund for borrowing. other. exceed the level of debt that existed in Mr. President, again, I recognize we Over the years, as we have worked to the year 2002. are dealing with an arcane, frequently refine this amendment, and I must say Mr. President, I recognize that this is misunderstood section of the balanced a somewhat difficult subject matter, that the amendment that we have be- budget amendment. From the Judici- fore the Senate has been well over a however, it is critical subject matter if ary Committee report, to opinion col- we are to accomplish our objective of decade in refinement so that if we en- umns, to leaders in the administration, shrine this in the Constitution we be- providing to the American people what there is confusion about what section 2 they believe they are getting from this lieve it will work in a total sense, means and what it will do. But there is while I say all of that, section 2 re- balanced budget amendment, to save no excuse for this Senate to misunder- the American people almost $2 trillion quires a three-fifths vote to increase stand what this provision means. Our the limit on debt held by the public. If in debt between now and the year 2019. whole purpose in the constitutional I point out, Mr. President, that all of the Congress balanced the budget every scheme is to be that part of the Gov- year, the debt held by the public will the numbers I have used in these ernment that can deliberate, can con- charts are numbers that have been pro- not increase. That is, in reality, the sider complex matters and reach reso- balanced budget. That is what the pub- vided by the Congressional Budget Of- lutions that are in the national inter- fice. They are the numbers that we as lic would expect that is what we would est. Let us not allow this opportunity accomplish by the language of the Members of Congress are obligated to to pass us by. use in our budget analysis in our budg- amendment. We have the chance here to save al- etary decisions. Therefore, freezing the limit on debt Mr. President, I believe, in summary, most $2 trillion in financial obligations held by the public directly enforces that there are five reasons why we for our children and grandchildren. To honest and accurate estimates to should adopt this amendment. It is release that $2 trillion to help create produce a balanced budget. That, of honest. It limits debt as it has been de- the jobs for our children and grand- course, is another one of our goals, to fined historically. It is the same defini- children, to preserve the Social Secu- engage the executive and the legislation of debt that we use when we have rity trust fund, and to give the Amer- tive branches, the Office of Manage- to periodically pass resolutions to raise ican people what they have a right to ment and Budget with the Congres- the national debt. We are raising the expect from this balanced budget sional Budget Office and the appro- total national debt limit, not just that amendment, a restriction on the total priate budget members to make as ac- component that is held by the public. national debt that they will be re- curate as possible the projections that We will be doing what the American quired to pay. I urge the adoption of produce the revenue to offset the ex- people think they have directed us to this amendment. penditures. do. Mr. THOMAS. Mr. President, I think The relationship among deficit debt Second, it is fiscally conservative. It maybe it is appropriate that the pages and trust funds is important here and will prevent adding another $2 trillion brought to the floor after we went into this is the crux of the Graham amend- to the national debt in the next 25 session what is essentially 26 years of ment. Debt held by public is Federal years. In fact, this amendment is the unbalanced budgets. I think this is a debt owed to debtors outside Govern- most conservative of any amendment great symbolic pile of stuff. We ought ment. When an official trust fund runs which is currently being considered by to remember that is what this whole a surplus, by law it must invest the the Senate. thing is about. surplus funds in Treasury securities.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1693 For example, the Treasury is required One of the things I believe the it is in error or if the Graham amend- to borrow those funds—money moving amendment that we have introduced on ment were to become part of it and inside Government, not outside Gov- the floor forces is as accurate and as then we were to find it creates this ernment. honest estimates as you can get, be- kind of glitch. We would struggle for These interagency or intragovern- cause if, in fact, you produce a deficit, decades trying to solve that, with the mental borrowings, plus debt held by the ability to move that deficit in the potential of increasing the debt struc- public, money we borrow from the pub- debt is a tough vote, and it really ture by well over a trillion dollars. The lic with the selling of Treasury notes, forces the fiscal constraints and the last I checked, interest on a debt of a is included in gross debt. If the budget tough decisions that we want our bal- trillion dollars is significant—probably is balanced, debt held by public does anced budget amendment to the Con- around $50 billion a year. not change. If the budget is balanced stitution to cause this Congress to deal That is the reality of the amend- and all trust funds continue to run a with. ment, as I see it, and certainly I stand surplus, then the gross debt goes up. By Even if the gross debt limit under the to be corrected. Of course, he knows his the very nature of the money in those Graham amendment remains frozen at amendment a great deal better than I. surpluses, of those trust funds being $6.7 trillion, as his chart would suggest, I tried to study it because I knew the loaned to the Government, so the Gov- it still leaves room to add an addi- Senator was sincere in his effort to ernment general fund, if you will, owes. tional $2.9 trillion to debt held by the deal with this in a legitimate way and Therefore, it has debt, debt back to the public between the years 2019 and 2029. at the same time recognize, as we all trust funds. If the budget is balanced My argument is simply this, Mr. want to recognize, the protection of and the trust funds run a deficit, the President, and I will take the Graham the trust funds, which now help finance gross debt goes down. That is the frus- chart and simply extend the line, be- the debt structure of this country. tration of the Graham amendment. cause this is discretionary on the part I believe, if you keep it within the Under the Graham amendment the of the Congress. It is arguable, by his unified budget, if you recognize all numbers, in my opinion, do not match figures, that there is a decline, but the debt, then you create the kind of hon- up. The Graham amendment places a ceiling remains upward. I know the esty that you must play with in a sin- section 2 limit on debt held by the pub- Congress, and I think Senator GRAHAM cere and direct way and force both the lic with a limit on gross debt. That is knows the Congress. If they have room executive branch of our Government the crux of his amendment, changing to spend, oh, boy, do they love to and the legislative branch of our Gov- public to gross. Congress can only com- spend. That $2.9 trillion gives them ernment, in each and every budget ply with the section 1 balanced budget that opportunity, to actually increase cycle, to produce the kind of honest es- rule and still be significantly out of real debt. So what would happen down timates that drive the budget process compliance with section 2 limits. That here in debt held by the public, poten- to produce actual spending at or near creates the schism, if you will, in the tially, under this? This line turns up- balance on an annualized basis. amendment to the Constitution, in my ward. This category of debt held by the With those comments, I stand in op- opinion, if the Graham amendment public versus the green category, which position to the Graham amendment were to become a part of it. is debt held by other trusts, and the and certainly urge my colleagues to op- Therefore, if Congress precisely bal- red, of course, is the Social Security pose it. ances the budget, then it must either I yield the floor. trust funds, that line begins to move repeatedly muster a three-fifths vote Mr. GRAHAM. Mr. President, how up. much time do I have remaining? to allow the trust funds to run a sur- In the year 2029, the Graham amend- plus, or to avoid a three-fifths vote on The PRESIDING OFFICER. The mi- ment allows a $6.7 trillion debt, while nority has 16 minutes 46 seconds re- the gross debt limit raid and reduce the our amendment as proposed, Senate trust fund surpluses. That would be the maining. Joint Resolution 1, allows a $5.8 tril- ultimate outcome in my opinion of how Mr. GRAHAM. I yield myself such lion debt—almost a trillion dollars Congress would have to react to the time as is necessary. less. I figure that a trillion dollars is a Graham amendment if it were to be- The PRESIDING OFFICER. The Sen- lot of money, especially when it’s bor- come a part. ator from Florida is recognized. If Congress does not want to reduce rowed, it’s debt, and you are paying in- Mr. GRAHAM. Mr. President, since the trust fund balance, then it must terest on it. That is one of the great this debate started, I have received a run large surpluses by cutting spending frustrations we are dealing with today letter from the National Committee to in the nontrust fund part of the budget —that finally debt has caught up with Preserve Social Security and Medicare, or by raising taxes. us. We used to argue that debt was a dated today, which I would like to sub- For the years 2002 to 2007, that means good stimulus to the economy and, oh, mit for the RECORD. To quote one para- up to $435 billion in additional cuts or well, the public owed it to themselves, graph: taxes, in my opinion. Long-term im- it was no big deal. But, today, it is the S.J. Res. 1 requires a three-fifths, super- pact of the Graham amendment on second largest item in the Federal majority vote to increase ‘‘public’’ bor- debt and deficit would then be as fol- budget, soon to shove them all out if rowing, but since it does not require such lows. It would be politically difficult we continue this kind of debt creation Congressional approval for trust fund bor- under deficit spending. rowing, it provides a powerful incentive for for Congress to continually outperform the increased use of trust fund borrowing as the balanced budget rule in section 1, This is why I have to oppose the Gra- ham amendment, because I don’t be- a means to pay for general fund programs. that is, run large surpluses. It may be We support your effort to correct this defini- much easier to muster the three-fifths lieve that it gets us to where we want tion of ‘‘debt’’ as a needed improvement. vote to increase the gross debt limit to go. I think I now understand what The letter is signed by Martha and say it is a ‘‘technicality,’’ a ‘‘ne- the Senator from Florida tries to do, McSteen, president of the National cessity,’’ to allow trust funds to run a and it is not a criticism of what he Committee to Preserve National Secu- surplus; therefore, there will be upward tries to do; it is an observation of what rity and Medicare. pressure on debt. he tries to do. Where I think its weak- I ask unanimous consent that the Senator GRAHAM is right, this is com- nesses rest—because, if you talk gross letter be printed in the RECORD imme- plicated. That is why not a lot of peo- debt but you don’t talk debt held by diately after my remarks. ple focus on it. But I disagree with him the public, it changes the whole dy- The PRESIDING OFFICER. Without not only on the frustration of it, but on namics of the process, as I understand objection, it is so ordered. the outcome of it. Without a section 2 it, and in this outyear period. Some- (See exhibit 1.) limit on debt held by the public that body might say, ‘‘Senator CRAIG, why Mr. GRAHAM. Mr. President, the directly enforces honest and accurate are you worried about 2029?’’ We are Senator from Idaho raised several budget estimates, Congress and the talking about the 28th amendment to points. I want to focus on three. President will continue to face polit- the Constitution. We are talking about First, he raises the issue of, are we ical pressure to use the rosy scenario a process that we have been well over a adding a speculative element into this estimates; therefore, it will still be decade in trying to create, and it will balanced budget amendment by apply- easier to deficit spend. not be changed easily, or overnight, if ing debt to the total debt rather than

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1694 CONGRESSIONAL RECORD — SENATE February 27, 1997 to only that component of the national Beginning in about the year 2019, the My amendment would have us enter debt which is held by the public. I sug- Social Security beneficiaries are going that period with substantially less in- gest quite to the contrary—that it is to be knocking on the door of that debtedness. We would have been apply- exactly the definition that we are vault, saying, ‘‘We want to redeem ing this three-fifths vote to all bor- using which this Congress has written these IOU’s.’’ What are we going to do? rowing, not just to that held by the into the statute. It is the definition We basically have three choices. public. that we use when we are required to as- We have the choice of reducing But the most significant difference of sess whether we are about to exceed spending every place else in the Fed- how we will be in the year 2019 goes to the national debt. So it is the defini- eral Government sufficient to release the very first point that the Senator tion that is not speculative. It is the the money to be able to redeem the from Idaho talked about. It is not cor- definition that we are accustomed to IOU’s and pay off this obligation. We rect to say that the only thing you can using. It is the definition that the can raise taxes sufficiently to do the do with Social Security surpluses is American people understand, in part same thing. Or, we can begin again to borrow. If that is the case, then clearly because we have helped them under- borrow from the public, in order to be we are locked into this chart. Clearly, stand it by using things like the debt able to substitute borrowing from the we are looking like a plane that is on clock, which focuses on the total na- public, in order to meet the borrowing automatic pilot and all the members of tional debt. that we have been doing for the last the cockpit have bailed out. Finally, and most fundamentally, the three decades from the Social Security We know where we are heading. We are heading to an $8.5 trillion national debt is not a projected amount, it is a trust fund. fiscal reality. It is, as anyone knows If somebody has another alternative debt, if, in fact, we are required to bor- who has ever balanced a family budget to those three, or some combination, I row all of the money from these trust or dealt with the books of a business, would suggest that they might want to funds and add it to the national debt. the last number on the page after you identify them. That is not what the Greenspan com- have looked at what your revenues are, What is going to be the difference be- mission contemplated in 1983. That is what your expenses are, and you can tween where we will be under the bill not what my amendment would allow see whether you are in a profit or a as it is introduced and where we will be us to do; that is, instead of adding to debt situation. That is the cir- under the bill as my amendment would the national debt, why don’t we take cumstance that the U.S. Government is have it? First, instead of having to those surpluses and pay off some of the in when we look at that bottom num- repay, dealing with a Federal deficit at debt we have already so we don’t have ber and say, oh, my goodness, we have $8.5 trillion, we are going to be approxi- to continually place our children and grandchildren under a greater and just added another $107 billion of def- mately $2 trillion less in debt. If you greater burden? But, rather, we can icit in the fiscal year 1997 that will had a big obligation coming, wouldn’t face the day when we will have to then become an additional layer on top you feel better about your ability to make substantial repayments of these of our national debt. meet it if you were relatively less in- Second, the Senator from Idaho Social Security IOU’s. This is the best debted than if you were more indebted? raises a very significant and inter- possible fiscal condition for America, Clearly, the Nation will be better off, esting issue. That is what are we going and with our debt to the general public better positioned to meet its obliga- to do after the year 2019. at the lowest level that our fiscal con- tions, if it starts from a lower position I might say the chart that the Sen- dition over the next two decades will of national debt. ator has could be replicated precisely allow us to be. on the chart of the balanced budget Under the amendment that we have, So, Mr. President, we do have an al- amendment as submitted. That is the when we come to this period in the ternative. We are not obligated to have amendment that only restricts debt year 2019, and we elect not to cut $8.5 trillion in debt. We can make that held by the public. This constitutional spending and we don’t want to raise debt clock tick in the future as we are amendment and the constitutional taxes as the only two ways to meet this representing. We can make it a means amendment with my amendment, all obligation to meet the payment of the by which we can protect our future, not are going to face the very difficult IOU’s that the General Treasury will enslave our future. issue of what do you do when you reach owe to the Social Security trust fund, Mr. President, just to summarize that point sometime in the second dec- but we would like to consider bor- again with greater brevity why I think ade of the 21st century when, instead of rowing from the public, what is our po- this amendment is critical, it is hon- running a surplus in the Social Secu- sition going to be? For two decades we est. It does what the American people rity system, as we are today, and will will have been operating under a con- expect us to do. It is fiscally conserv- for the next 20 or so years, we suddenly stitutional amendment that says you ative. It saves almost $2 trillion in bor- start to run big deficits as all of those can borrow from these trust funds by a rowing. It is simple and direct. It is not people born after 1945 begin to retire? majority vote, which is relatively not complicated. It will have a positive im- It is their turn to become eligible for easy but past history has shown is not pact on our Nation’s economy by re- Social Security. And enormous deficits politically a Mount Everest to climb. leasing $2 trillion into the private sec- are going to be run in the Social Secu- But we are going to say you have to tor. The only real long-term salvation rity system. have a three-fifths vote to borrow from of Social Security—and our retirement Those are not speculative or imagi- the public. systems, whether they are Government native. They are exactly what the 1983 So we are going to find ourselves in or otherwise—is a strong American Social Security Commission con- about 20 years facing the prospect of economy. And if we can put $2 trillion templated. Add surpluses during peri- having to, for the first time, use that more into that private economy, we ods of relatively limited numbers of three-fifths vote requirement to in- will be making a fundamental con- Americans benefiting by Social Secu- crease the debt held by the public, hav- tribution to the strength of our Social rity so that we can meet the obliga- ing ballooned the debt by a majority Security and all of our other retire- tions when we are in a demographic pe- vote from our borrowings from these ment programs. riod with large numbers of retirees. other trust funds. And I would suggest We would avoid the temptation, as So what are we going to do when we that is not going to be a very happy the National Committee for the Preser- get out here to around the year 2019? time to be a Member of the U.S. Con- vation of Social Security and Medicare Frankly, there is no free lunch. What gress. points out, to use the Social Security we have been doing is, we have been I think that what we are doing today system as the cash cow, as the point of borrowing from the general fund from is leaving to our successors—not in the first preference for borrowing for the Social Security. Social Security does far distant future but just about 20 Federal Government by saying we are not have a great bank filled up with years from now—an extremely indebted not going to establish a different stocks and bonds, or real estate deeds, America with a constitutional struc- standard for borrowing from the Social or other assets that have a market ture that is going to make it very dif- Security fund than we apply to bor- value. What it has is IOU’s from the ficult for us to meet our obligations to rowing from the general public. Both General Treasury. those Social Security beneficiaries. would be subject to a supermajority of

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1695 three-fifths of the Members of the Con- whole culture of political pressure in The President, I believe, 12 times in gress in order to increase the total na- this country and interest group activ- his State of the Union said he was tional debt. ity, my guess is that the pressure to going to produce a balanced budget, So, Mr. President, for those reasons, spend money, if the system would and we all held our breath and did not I respectfully suggest the analysis of allow it, beyond the balance because of criticize and waited for that budget to the Senator from Idaho is not an ap- the limit on the debt ceiling, would be come to the Hill. And, voila, the words propriate projection of the con- great. did not meet the fine print—$120 billion sequences of this amendment and that, He and I recognize the tremendously of deficit straight lined until the end of rather, the honesty, the reduction of laudable goal of trying to buy down his term and then, guess what? He the total national debt and the protec- debt, and I think Americans are all leaves office and says: Now it is time to tion of Social Security by, among asking us, well, if you in fact can get do the heavy lifting. You either have to other things, stimulating a higher rate the budget balanced in the timeframe take away the tax cuts I have given or of economic growth in America are the that you are suggesting, does that cut spending dramatically. goals which are sought and I believe mean then we are going to get rid of I am sorry, Mr. President. Once again will be accomplished by the adoption of some of this debt, because interest on your rhetoric just does not match up to this amendment. debt is going to be even higher by the your performance, and that budget I thank the Chair. year 2002 than it is today because we does not work, and you have not dealt are still creating debt. Even under our EXHIBIT 1 with a balanced budget in the honest scenario, as conservative as it is and as and straightforward way that the Sen- NATIONAL COMMITTEE TO PRESERVE damning as this administration thinks ator from Florida or the Senator from SOCIAL SECURITY AND MEDICARE, Washington, DC, February 26, 1997. it is, we are still going to be creating Idaho or the majority of Congress or a DEAR SENATOR GRAHAM: On behalf of its lots of debt out there because we are supermajority of the American people five and a half million members and sup- still deficit spending. Although ours is want us to deal with it. And that is a porters, the National Committee to Preserve declining and the President’s is in re- declining deficit structure to the year Social Security and Medicare wishes to ex- ality increasing, we are still creating 2002 when all of this comes into bal- press our support for your proposed amend- debt. So I do not blame the Senator ance. ment to S.J. Res. 1, a resolution to amend from Florida for wanting to find a time The reality of the obligation to So- the Constitution to require a balanced fed- in which we can buy down debt. I would cial Security does not go away, but the eral budget. Among our concerns about S.J. like to do the same. But his is not an honesty of budgeting materializes, and Res. 1 is that it would change the current because we have created a unified definition of federal debt. Your proposed obligation to do that; his is only an op- amendment would change the current lan- portunity to do that. And therein lies budget the real pressure to cut so that guage ‘‘debt held by the public’’ in S.J. Res. the difference in why I think what we we can honor the debt obligation to So- 1, to include all federal debt, particularly do today is the right thing by not cial Security is there. We must get our that which the government holds for itself— amending the proposed amendment. fiscal house in order. We cannot, nor i.e. the federal trust funds. We appreciate Social Security is a concern of all of should we ever, allow interest on gross your leadership on this important issue. ours and it has been, and you have debt to become the greatest single ex- As drafted, S.J. Res. 1 contains a provision heard a lot of debate in the Chamber in penditure in the Federal budget, and which intentionally removes Social Security the last 3 weeks about Social Security. yet we are clearly headed in that direc- trust fund holdings of U.S. securities from the definition of ‘‘public debt,’’ even though It is a social contract and a financial tion. By most reasonable budget guess- the trust fund money was borrowed to fi- obligation that we hold to the senior timates we have missed that by only $3 nance the deficit. This change would permit citizens of our country. None of us billion this year. the Treasury to increase its debt by bor- want to deny it or walk away from it. I know what any good business per- rowing from the trust funds without obtain- We want to deal with it responsibly son or any good analyst of a business ing the Congressional approval required to and straightforward and we want to would say if the figures were like this borrow money from other sources. create the fiscal environment in which in a business. They would say you are S.J. Res. 1 requires a three-fifths, super- we can honor that debt. out of business; you are bankrupt; you majority vote to increase ‘‘public’’ bor- I am one of those who believes that if cannot service your debt; you cannot rowing, but since it does not require such Congressional approval for trust fund bor- we fail to balance the budget, there afford to operate in this manner. How- rowing, it provides a powerful incentive for will come a day when we cannot honor ever, because we can create debt in the the increased use of trust fund borrowing as that debt. We should not suffer the il- nature that we have now for nearly 30 a means to pay for general fund programs. lusion that a bankrupt government can years, we continue. Of course, that ob- We support your effort to correct this defini- send checks out. Tragically enough, ligation gets immediately transferred tion of ‘‘debt’’ as a needed improvement. there are some Social Security recipi- outward into the future to our chil- Sincerely, ents who believe that somehow they dren, to our grandchildren, and some- MARTHA A. MCSTEEN, will be held whole while the rest of the how we are fair weather; we just go on President. world collapses, the world of a Govern- saying we have done our job in a re- Mr. THOMAS. Mr. President, I yield ment that is so badly in debt that it sponsible way. as much time as he may use to the cannot honor its commitments or, I was saddened yesterday that the Senator from Idaho. more importantly, at a time when the Senator from New Jersey would not The PRESIDING OFFICER (Mr. public would simply reject it. honor his obligation and his verbal ENZI). The Chair recognizes the Sen- Gross interest payments this year commitment to the citizens of his ator from Idaho. reached $344 billion, fiscal year 1996. State. That is a tragedy, but he has Mr. THOMAS. Mr. President, how The debt grows, the mandatory inter- made his choice. We all make our much time remains on our side? est payments grow. Here are the fig- choices. Those are tough choices. The The PRESIDING OFFICER. The ma- ures. Social Security, we spent $347 bil- pressures are great here, but they are jority has 31 minutes and 50 seconds, lion on Social Security this year; gross not so great as to walk away from your the minority 3 minutes and 20 seconds. interest on debt, $344 billion; defense, commitment to your citizens, to your Mr. THOMAS. I thank the Chair. $266 billion; all the domestic discre- public and to the oath of office. What Mr. CRAIG. I thank the Chair. tionary programs, $248 billion; Medi- we are trying to do is enshrine within I will not take much more time to care, $191 billion; Medicaid, $92 billion; the Constitution an obligation that discuss the Graham amendment other net interest on debt held by public, a Thomas Jefferson was so very clear than the disagreement that he and I subset of gross interest or gross debt, about when he said there should have might have as relates to the ceiling the kind that the Senator from Florida been an 11th amendment to the Bill of that is created, and while I would was talking about, $241 billion. Rights and that was that we could not argue that what he wishes to accom- The reality of what we do is damning borrow. Now, we could have borrowed plish is impossible to do, and that is a the future of this country, damning the inside the budget but we could not bor- buy down of debt, unless by this whole future of the obligations we hold to the row from outside the budget. character of activity here from now seniors of our communities if we fail in What we are suggesting is that we until the year 2019 we have changed the balancing the budget. cannot borrow from outside the budget.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1696 CONGRESSIONAL RECORD — SENATE February 27, 1997 We can borrow from inside the budget, honor them. So our language must be Mr. BOND. Mr. President, I reserve and that is what we are doing now, and clear and unambiguous. the remainder of the time, and I yield that is the unified budget. It does not Mr. President, I hope my colleagues the floor. make the obligation go away. It does will join us in opposing the amendment The PRESIDING OFFICER. Who not make the legal commitment go by the Senator from Florida. I do not yields time? away. It does not say to the baby believe it creates the environment in Mr. GRAHAM addressed the Chair. boomers that, when you get ready to which we must operate. I yield the re- The PRESIDING OFFICER. The Sen- retire your check won’t be in the mail. mainder of my time. ator from Florida. What says to the baby boomers that Mr. THOMAS. How much time re- Mr. GRAHAM. Mr. President, I be- your check may be threatened and may mains, I ask the Chair? lieve I have approximately 3 minutes someday not be in the mail is the per- The PRESIDING OFFICER. The time remaining, which I would like to use to petual increase of debt, that which the remaining for the majority is 19 min- close after the opponents of the amend- Senator from Wyoming pointed out a utes 20 seconds. The Chair recognizes ment have completed their arguments. few moments ago with all of those the Senator from Wyoming. Mr. HATCH addressed the Chair. books stacked before him. It is one Mr. THOMAS. Mr. President, I want, The PRESIDING OFFICER. The budget piled upon another budget piled first of all, to congratulate the Senator Chair recognizes the Senator from upon another budget. from Idaho for his leadership in this Utah. Regarding half of those 28, half of matter. I don’t think there is a more Mr. HATCH. Mr. President, I think those 28 budgets, the politicians who important issue before us than the idea this side has said everything it needs assembled them, interestingly enough, of being financially and fiscally respon- to say. I will be happy to yield any had the public tenacity to say they are sible. I say that also to my friend from time of our remaining time, unless heading toward balance. For 3 years we Florida, who supports this concept of somebody else wants to speak, to our have been saying we are headed toward accountability as well. Certainly there friend from Florida. balance. The President’s State of the will be a lot said—there has been a lot We have to oppose this amendment. Union Address before the American said, maybe everything has already We know how helpful the Senator from people assembled: ‘‘I will produce bal- been said but maybe not everyone has Florida is and how much this means to anced budgets.’’ Oh, come on, Mr. said it—but it is broader than the him. We have appreciated the support President. We have read the fine print. books, it is broader than the numbers, he has provided in this debate and cer- You do not produce a balanced budget it is broader than math. It is a ques- tainly will listen to what he says here. and you are not trying. You raise tion of being responsible to ourselves, I yield the floor. taxes, you raise revenue, you spend being responsible to our children, being The PRESIDING OFFICER. The Sen- more for new programs, and after you responsible to the future. It is a ques- ator from Florida has the remaining have left office you say, ‘‘Now, if you tion of priorities. It is a question of, time of 3 minutes and 1 second. want to get it balanced, you either really, dealing with the issue rather Mr. GRAHAM. Mr. President, to raise taxes or you cut spending.’’ Big- than what has been done over the last close briefly, let me underscore that I time stuff, $50-billion, $60-billion-type 30 years, by saying, yes, we are going support the balanced budget amend- stuff—tough to do. Most important, he to balance, yes, we are going to balance ment. I will vote for the balanced budg- knows it’s impossible to do. It is im- the budget, yes, we are going to do it, et amendment in the form it was re- possible to do unless Senate Joint Res- and not doing it. ported by the Judiciary Committee. I olution 1 is the organic law of the land. I think one of the ironies is many of do so because I believe it is superior to It is the Constitution through which those who oppose this balanced budget the alternative of continuing with the the public views its Government and amendment say, ‘‘Oh, yes, we are going status quo, a status quo that had added controls its Government and tells its to do it,’’ and point to the President’s $4.5 trillion to our national debt in less Government what to do. That is the budget—which does not do it. It does than 20 years. test before us. not achieve balance by 2002 and stay in I believe, however, that the balanced While the Senator from Florida in a balance. It does not provide permanent budget amendment can be improved. I responsible way attempts to address tax relief. It does things in Medicare have suggested what I think is an im- that, I ask that we reject his amend- that are strictly gimmicks. It spends portant area of that improvement, and ment because of the risk of increasing $21 billion more on welfare and raises that is that after we have achieved the debt by at least another $1 trillion or taxes by $80 billion. It has $60 billion in objective of section 1 of the balanced more inside what we could definition- new entitlements. budget amendment, which is to see ally call a balanced budget. We dare So let us be clear that, if we want dif- that we will bring as rapidly as pos- not do that to our public. Most impor- ferent results, we have to change the sible our annual accounts into balance, tant, we dare not allow that kind of way we do things, and that is what this we will not be adding to the national latitude in future Congresses. I am not amendment is all about. deficit, that we will then place a safety going to be here then. The Senator Let me yield to my friend from Mis- lock on that gain by saying there shall from Florida is not going to be here souri. We have approximately 18 min- not be any further increases in the na- then. But his action, my action, the ac- utes left, and I will yield as much time tional debt without a three-fifths vote tion of this Senate, whether it is on as he requires. of both Houses of Congress. Senate Joint Resolution 1 amended by The PRESIDING OFFICER. The The amendment that is before us the Senator from Florida, or if it is left Chair recognizes the Senator from Mis- does not do that, although there are as it is presented, will be the law of the souri. many who believe that it does that, be- land that dictates to the Congress and Mr. BOND. Mr. President, I thank the cause the three-fifths vote only applies to the Senate in the year 2019 or 2028: distinguished manager of the bill. I to that portion of the national debt This is how you operate. These are the have asked for this time to spend about which is held by the public, by individ- parameters within which you must per- 5 minutes to introduce a piece of legis- uals, by corporations, by State and form, in which you must make prior- lation, so, while it will count against local governments, by all the people ities for spending. It must be balanced, the time, I ask unanimous consent to who buy Federal securities. it must be honest, it must be fair. be permitted to proceed as in morning My amendment would strike that What we do here is going to be impor- business for that 5-minute period. limitation and have the requirement of tant both in the short term and in the The PRESIDING OFFICER. Without a three-fifths vote of both Houses of long term. What we do must be honest objection, it is so ordered. Congress apply to all of the national and must be clear and undefinitional to Mr. BOND. I thank the Chair. debt. It would apply to the totality of future Congresses so, just like the first (The remarks of Mr. BOND pertaining the $5.4 trillion national debt that we amendment or the second or the third, to the introduction of S. 368 are located now have. they are not arbitrary, they are not ca- in today’s RECORD under ‘‘Statements Mr. President, there was some sug- pricious, they do not create those on Introduced Bills and Joint Resolu- gestion in the concluding remarks of kinds of actions. They are real and we tions.’’) the Senator from Idaho that in some

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1697 way by my amendment I had weakened constitutional amendment, and I re- NAYS—39 the existing three-fifths requirement gret that we cannot. But, in spite of Akaka Feingold Levin that is in the constitutional amend- that fact, our colleague from Florida Baucus Feinstein Lieberman Bingaman Ford Mikulski ment as it relates to debt held by the has been one of the leaders out here, Boxer Glenn Moseley-Braun public. Absolutely to the contrary. I and I personally just want to express Breaux Graham Moynihan am extending the same three-fifths re- my appreciation for his efforts and for Bryan Harkin Murray quirement to the rest of the debt of the the work he has done on his side of the Bumpers Hollings Reed Byrd Inouye Reid Federal Government, continuing to floor, as well as our side of the floor. I Cleland Johnson Robb apply it to debt held by the public, but appreciate it. Conrad Kennedy Rockefeller also applying it to that debt which the Mr. President, I understand that the Daschle Kerry Sarbanes Dodd Lautenberg Torricelli Federal Government borrows from its vote cannot occur until 12:35? Dorgan Leahy Wellstone own trust funds. The PRESIDING OFFICER. There is In brief summary, Mr. President, I no order to that effect. NOT VOTING—2 believe the following reasons are why Mr. HATCH. I ask unanimous consent Biden Landrieu this amendment should be adopted: that I be permitted to move to table, It is honest. with the vote not occurring before f It comports with what the American 12:35. The motion to lay on the table the people believe we are doing when we The PRESIDING OFFICER. Without amendment (No. 7) was agreed to. say we are restricting national debt. objection, it is so ordered. Mr. ENZI addressed the Chair. It is fiscally conservative. It will re- Mr. HATCH. I move to table the The PRESIDING OFFICER (Mr. sult in almost $2 trillion less national amendment, with the understanding BROWNBACK). The Senator from Wyo- debt over the next 20 years than will be that the vote will not occur until 12:35. ming [Mr. ENZI] is recognized. almost certainly the case if we do not I ask for the yeas and nays. Mr. ENZI. Mr. President, I ask unani- adopt this amendment. mous consent that I be allowed to It is simple. It does not add new or The PRESIDING OFFICER. Is there a speak out of order for 5 minutes. complex concepts to the balanced sufficient second? budget constitutional amendment. There appears to be a sufficient sec- The PRESIDING OFFICER. Without It will have a very positive effect on ond. objection, it is so ordered. the Nation’s economy. The result of re- The yeas and nays were ordered. leasing $2 trillion that otherwise would Mr. HATCH. I suggest the absence of f be used to finance unnecessary and ex- a quorum. cessive national debt into the private The PRESIDING OFFICER. The OUR GIFT OF FREEDOM clerk will call the roll. sector will increase our Nation’s eco- Mr. ENZI. When we woke up this nomic growth and strength. The legislative clerk proceeded to morning, I wonder how many of us Mr. President, I ask unanimous con- call the roll. paused to reflect on the great gift we sent for 60 seconds to conclude my re- Mr. HATCH. Mr. President, I ask have been given—the gift of our free- marks. unanimous consent that the order for dom. It is a special gift, but so many of The PRESIDING OFFICER. Without the quorum call be rescinded. us take it for granted, even though we objection, it is so ordered. The PRESIDING OFFICER. Without paid for it at quite a heavy price. As we Mr. GRAHAM. Mr. President, finally, objection, it is so ordered. drove to work, how many of us thought by using these surpluses, as the 1983 The question occurs on agreeing to about the sacrifices that were made Social Security Commission had an- the motion to lay on the table amend- over the years by our Nation’s veterans ticipated they would be used, to reduce ment No. 7 offered by the Senator from to preserve and protect those free- the amount of Federal debt which is Florida [Mr. GRAHAM]. The yeas and doms? currently owed to the general public nays have been ordered. The clerk will Six years ago, President Bush was in and, therefore, place our Nation in a call the roll. the White House and he had a difficult stronger fiscal position to meet our fu- The legislative clerk called the roll. task on his hands. The world was in ture obligations to Social Security, we Mr. FORD. I announce that the Sen- crisis. The United Nations was meeting will be strengthening the Social Secu- ator from Delaware [Mr. BIDEN] and the night and day to try to stop the spread rity system. And for that reason, the Senator from Louisiana [Ms. LAN- of the threat of Saddam Hussein. He National Committee for the Preserva- DRIEU] are necessarily absent. had invaded Kuwait and brought the tion of Social Security and Medicare I further announce that, if present people of that nation to their knees. has endorsed this amendment. and voting, the Senator from Louisiana I urge the adoption of this amend- Something had to be done. [Ms. LANDRIEU] would vote ‘‘no.’’ ment which I believe is exactly con- When the cry for help went out from sistent with the purposes of the bal- The PRESIDING OFFICER. Are there Kuwait, we sent our best to answer the anced budget amendment, will add to any other Senators in the Chamber de- call. Many brave men and women went its strength, and will add to the accept- siring to vote? to a foreign land to stop the advance of ance of the American people, because it The result was announced—yeas 59, that madman in the deserts of Kuwait will be the amendment that they be- nays 39, as follows: and Iraq. lieve we are about to adopt and submit [Rollcall Vote No. 19 Leg.] In the days that followed, we picked to the States for ratification. I urge YEAS—59 up a whole new vocabulary. We spoke of Scuds, Patriot missiles, chemical the adoption of this amendment. Abraham Frist McCain Mr. HATCH addressed the Chair. Allard Gorton McConnell weapons, gas masks, Riyadh, and so The PRESIDING OFFICER. The Sen- Ashcroft Gramm Murkowski much more. Bennett Grams Nickles It was a war we witnessed like no ator from Utah. Bond Grassley Roberts Mr. HATCH. Mr. President, I com- Brownback Gregg Roth other battle in our history. We charted pliment the distinguished Senator from Burns Hagel Santorum our troops’ progress with the reports Florida. He has been one of the great Campbell Hatch Sessions we saw on the news every night. We Chafee Helms Shelby leaders on the balanced budget amend- Coats Hutchinson Smith, Bob were a part of it all. The press took us ment, prior to this debate and cer- Cochran Hutchison Smith, Gordon right along with our soldiers as the tainly during this debate. I believe he Collins Inhofe H. fighting progressed. Everything came Coverdell Jeffords Snowe to us live as the media brought the deserves a lot of commendation from Craig Kempthorne Specter both sides of the floor for his steadfast- D’Amato Kerrey Stevens conflict right into our living rooms. ness and standing up on this amend- DeWine Kohl Thomas It was almost like watching a movie. ment. Domenici Kyl Thompson It seemed so distant and dangerous. Durbin Lott Thurmond We cannot support this particular Enzi Lugar Warner Yet, somehow, because of our advanced amendment to the balanced budget Faircloth Mack Wyden technology, we thought our young men

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1698 CONGRESSIONAL RECORD — SENATE February 27, 1997 and women would be safe and that they The second rule is there is nothing that deal of road construction going on. I would all make it home. Would that it can be done to change rule 1. It is the was caught behind the most polite cab were so. awful truth of battle. driver in Washington. He stopped for When it was over, and the battle had Today, although we are far removed everyone, which I was happy to see ex- been won, we all felt a great wave of re- from that battlefield, we must never cept for this day. Had I had the cab lief that our casualties had been light. forget the sacrifices that were made by driver who runs over most people, I But light casualties, don’t feel so light Manuel and by so many more who gave would have been up here. I should not when they include our families, our their lives for great causes like the one say that. I will get letters about that. friends, and our loved ones. that claimed young Manuel’s life. We That was a joke, an attempted joke. One hundred and forty-six young peo- must continue to honor their memory But I want the RECORD to show that ple did not come back. I say this in and commemorate their brave and cou- had I been here, I would have once their memory as I mention one young rageous actions that were done in our again voted for the Graham amend- man who didn’t come home from that name. Truly, far too many have made ment. battle came from Gillette, WY. Manuel the ultimate sacrifice that we might be I apologize if I inconvenienced the Davila was a young father, a nice guy free. Senate in any way in attempting to who always had a smile and a kind There is no greater way we can honor hold it for me to get here. word for everyone he met. He was the Manuel’s memory and that of our other I thank my distinguished friend from kind of person you’d like to have for a great war heroes than to rededicate Rhode Island for yielding. friend. That is why he had so many ourselves every day of our lives to the The PRESIDING OFFICER. The Sen- friends. cause of peace. I find great inspiration ator from Rhode Island. I watched Manuel grow up. He was a for that cause and the importance of Mr. REED. Mr. President, I am pre- remarkable young man. He came from peace when I reflect on the beautiful pared to speak. I would be willing to the town I call home. You didn’t get to words of the Book of Isaiah in the defer if there are any other procedural meet him, so I should use the words of Bible: ‘‘They shall beat their swords announcements at this time. Ron Franscell, the editor of the Gil- into plowshares, and their spears into Mr. LOTT addressed the Chair. lette News Record, who wrote so elo- pruning hooks; nation shall not lift up The PRESIDING OFFICER. The ma- quently 6 years ago as Manuel’s body sword against nation, neither shall jority leader. was brought home for burial: ‘‘I never they learn war any more.’’ UNANIMOUS-CONSENT AGREEEMENT knew Manuel, but he was from my Yes, Manuel was one of our great he- Mr. LOTT. I thank you, Mr. Presi- town, he was one of us, and he had roes of Wyoming and of these United dent. I thank the Senator from Rhode dreams. In that way, I knew him very States. He was a good kid, a hometown Island for yielding this time so that I well. You know him, too.’’ boy who had plans for his future. That may enter a unanimous-consent agree- Yes, Ron, we all did know him, too. future was cruelly taken from him on ment which has been reached with re- Manuel saw a need, and when he was foreign soil by a madman. Now, the gard to an amendment that Senator asked to go, he didn’t hesitate. He was torch Manuel carried so bravely in bat- HOLLINGS had intended to offer to the doing his job and it was a job he loved tle is passed to us to light the path to balanced budget amendment on cam- and felt proud to have been called to peace in our lives. We had best carry it paign financing. do. That’s what it was to him. He felt high and proudly as we commit our I ask unanimous consent that the good to be a part of this special mis- every effort to ensuring that we will majority leader, after notification of sion for he understood how much it never again ask our young men and the Democratic leader, may turn to the meant to the defenseless people of Ku- women to make the ultimate sacrifice, consideration of a Senate joint resolu- wait who needed him so very badly. as we work together to avoid the hor- tion, the modified text of which is Sen- In Wyoming, we like to think of our rors of war. If we are successful, we ate amendment No. 9 filed yesterday to State as holy ground that was blessed will truly live in a world of peace, Senate Joint Resolution 1 regarding by God. It is a land of open spaces, where nation shall not lift up sword campaign financing. beautiful mountains that seem to against nation. That is the best way for I further ask that no amendments or stretch up to God’s heaven, green for- us to care for those who have borne the motions be in order during the pend- ests, national parks, clean, clear, cool battle, by ensuring that it never hap- ency of the Hollings constitutional air and wide open spaces. pens again. amendment, and following the conclusion of the debate, the joint resolution Manuel traded all of that for a far f different world. be read a third time and a vote occur He traded his clear blue skies for a BALANCED BUDGET AMENDMENT on passage of the joint resolution, with desert sky that was pitch black with TO THE CONSTITUTION the preceding occurring without any the fumes and smoke of oil fields set on The Senate continued with the con- intervening action. fire by Iraqi troops. He traded his beau- sideration of the joint resolution. Before the Chair puts this consent re- tiful mountain paradise for an isolated Mr. REED. Mr. President, I ask unan- quest to the body, it has been pointed desert wasteland. He traded the clean, imous consent to speak for 20 minutes. out to me by Senator MCCAIN that this crisp air of Wyoming for the use of a The PRESIDING OFFICER. Without consent is for a constitutional amend- gas mask and the threat of Saddam’s objection, it is so ordered. ment regarding campaign spending chemical weapons. He traded the safety Mr. BIDEN. Mr. President, will the limits. There are other campaign-re- and security of his homeland for the Senator from Rhode Island yield to me lated issues that may be pending in the uncertainty and danger of a battlefield. so that I may explain why I missed Senate committees that do not amend He traded it all to go overseas and that last vote? the Constitution but are statutory lan- fight for freedom. Mr. REED. Yes. guage. When it was all over, in spite of all Mr. BIDEN. Mr. President, I thank So this is not to be in place of or in the precautions we had taken to pro- the Republican leader as well as the any way block other consideration, or tect our troops, this brave young man Democratic leader for attempting to to indicate that there will not be hear- didn’t make it home. A wife had lost hold the vote long enough for me to get ings and further consideration of this her husband, and a family had lost a here. I voted before in the affirmative matter. But Senator HOLLINGS agreed son. A little girl had lost her father. on the Graham amendment. We voted to this arrangement so that it would Six years ago we brought him back on it last year. not be a part of or relate to the consid- home to Wyoming. The loss of Manuel I was one of the speakers at the eration of the constitutional amend- in the desert reinforced the truth of an International Chiefs of Police and ment for a balanced budget. Senator adage made famous by an old tele- Sheriffs Association discussing the ju- MCCAIN agreed that it be done this vision show written about a different venile justice bill. I thought I had left way. It has taken the cooperation of war. In one scene a doctor says that in plenty of time from a downtown both of them and of all the Senators. there are two rules of war. The first hotel to get here. But, as Washing- This is an important issue which rule is that young men and women die. tonians will tell you, there is a good should be brought up freestanding with

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1699 a reasonable amount of time for discus- sential programs and it needlessly en- good sense to separate capital spending sion. hances the role of the courts in budg- from operational spending. So that I have indicated to Senator HOLLINGS etary and tax policy. The balanced logic does not suffice to support this that, if it takes a couple of days or so, budget is the wrong way to manage the balanced budget amendment. we will be prepared to do that. I think economy. I also suggest that economically we that is about what it would take, but if Over 1,100 noted American econo- are not immune from the difficulties of it takes 2 days and 2 hours, I do not mists, including 11 Nobel laureates, the business cycle. We have been enjoy- know of anyone who would object to voiced their opposition to this balanced ing over the last several years good, that. But it should be a very inter- budget amendment on the grounds that substantial economic growth, but we esting debate. it would hurt our economy and graft know that in past periods our economy So I now make that request, Mr. improper fiscal policy onto the Con- has faltered. If it does falter, this bal- President. stitution. They said, ‘‘It is unsound and anced budget amendment could be a The PRESIDING OFFICER. Is there unnecessary.’’ They added, ‘‘It man- straitjacket, confining and con- objection? dates perverse actions in the face of re- straining us in our response to these Without objection, it is so ordered. cessions.’’ They went on to say it Mr. LOTT. I thank the Senator from economic recessions. When the econ- ‘‘would prevent Federal borrowing to Rhode Island for yielding. omy shrinks, revenue shrinks, throw- The PRESIDING OFFICER. Under finance expenditures for infrastructure, ing off our revenue estimates, throwing the previous order, the Senator from education, research and development, off our whole plan to get to the bal- Rhode Island is recognized for 20 min- environmental protection, and other anced budget, and we will be ham- utes. investment vital to the Nation’s future strung by this amendment’s proposals Mr. REED. Thank you, Mr. Presi- well-being,’’ and that it ‘‘is not needed in terms of what we can do to address dent. to balance the budget.’’ They also a recession. Mr. President, I rise in opposition to ‘‘condemn’’ the amendment and sug- For example, the CBO has talked the amendment before us today. gest it could place our economy ‘‘in an about the impact of recession on the For many decades, Congress found it economic straitjacket.’’ deficit. Their estimates indicate that a easier to debate a balanced budget One Nobel laureate, Prof. William 1 percent drop in the gross domestic amendment to the Constitution than Vickery, developed an analysis of 15 product would increase the deficit by to actually balance the budget. issues with respect to balancing the $32 billion. A 1-percent increase in un- Support for the balanced budget budget, reducing the deficit and pro- employment would add $61 billion to amendment was a convenient badge of viding for economic growth, and in this the deficit. These are staggering fig- fiscal austerity at a time when many analysis he has a compelling and note- ures with which we would have to con- Members were voting for tax policies worthy passage: tend in the context of a very narrowly and spending proposals that saw our If General Motors, AT&T, and individual drawn balanced budget amendment. annual deficit and our cumulative na- households had been required to balance These are not just statistics. These their budgets in the manner being applied to tional debt explode. are real people’s lives. We have all After so many years, it is no wonder the federal government, there would be no corporate bonds, no mortgages, no bank lived long enough to have endured eco- that the balanced budget amendment nomic recessions and have seen the has become a talisman which its sup- loans, and many fewer automobiles, telephones and houses. cost in human lives. We have to, as a porters clutch, suggesting that it has Government, to such situations. We extraordinary powers to translate the But this balanced budget amendment suggests that the Government do ex- cannot, I think, plead, at that moment difficult choices that this body must of need, we would like to help you, but face into some type of simple constitu- actly the opposite of what the most sophisticated private industries do, and I the Constitution prevents us from tional formula which will miraculously doing sensible, appropriate things to erase the deficit. think that is a mistake. But, as the last few years have indi- While the majority may find it ap- put people back to work in this coun- cated, there is no magical constitu- propriate and even desirable to insert try. tional language that will make the economic formulas into the Constitu- One of the aspects of the balanced choices or the policies of budget bal- tion, I would urge caution. For exam- budget amendment that would severely ancing easier. ple, we all believe and we will say time constrain our response to recessions is Mr. President, in 1993, the Clinton ad- and time again that we should have a the fact that it would suppress the ministration began a process of deficit full employment economy and that automatic stabilizers contained in our reduction which has helped to create a every able bodied American work. How- economic policy today, things like un- strong economy, cut the deficit by 63 ever, if I were to introduce a full em- employment compensation and other percent, brought the deficit when ployment constitutional amendment, I entitlement programs which exist to measured as a percentage of the gross predict that the very same supporters meet the needs of people who have fall- domestic product to its lowest level of this balanced budget amendment en on hard times during a recession. since 1974, and given us the lowest def- would rush to this floor and condemn As the Congressional Research Serv- icit of any major industrialized nation. that approach, invoking the termi- ice cautioned when it examined the It took difficult choices, not con- nology that we should not enshrine economic impacts of this proposal: stitutional gimmicks; choices that Re- economic ideas or formulas into the In sum, the balanced budget constitutional publicans refused to support. Constitution of the United States. The amendment could require action to neu- Whether or not this amendment same thing would happen if we talked tralize the automatic stabilizers in the budg- passes, and I hope it does not, we will about an anti-inflation amendment. et that expand outlays and reduce tax collec- still be confronted by these choices. The point, I think, should be very tions in economic slowdowns and recessions. However, if this amendment does clear. It is our responsibility, together In this case, the budget would no longer pass, for the first time in our history with other institutions, outside the serve to moderate business cycles. we will either surrender our role in scope of the Constitution to rationally And, under this amendment, we shaping the budget and the social and ameliorate the surges and downswings would lose a valuable tool in aiding the economic policies which it defines to of the economy. This is what we should working men and women of America. the courts, or simply surrender any de- do. There is more than just constitu- cision to an adamant minority which Some people might try to say, well, tionally historic interest involved in could invoke the provision to block no, look at the States. They provide for the question of this amendment’s necessary action. a balanced budget. That certainly supermajority requirements because Mr. President, the amendment before misses the point. State governments do this amendment requires not a major- us today is flawed in many ways. It is not manage national economies. They ity vote, in many cases, but much more the wrong answer to a real problem. It do not issue and support currencies. than a majority vote. This provision is the wrong way to manage the econ- They do not deal in foreign trade. And holds the real potential for con- omy. It disrupts our tradition of major- most of them, if not all of them, with straining effective action at the time ity rule. It needlessly jeopardizes es- balanced budget requirements have the we

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1700 CONGRESSIONAL RECORD — SENATE February 27, 1997 need Government to move decisively In addition to the fact that this tional mandate. I would think long and and purposefully. amendment’s success is predicated on hard, and I urge my colleagues to think For example, in times of economic frail human predictions, there are long and hard, whether or not we want crisis, there would be no automatic other reasons to oppose this amend- to surrender what is traditionally the stabilizers if a small minority of Sen- ment. While the majority claims that authority of the Congress over both the ators or Representatives objected. Dif- States have managed to survive bal- courts and the President to manage the ferent regions of the Nation experi- anced budget amendment require- public purse. These issues are all very encing economic hardship could find no ments, they fail to acknowledge, as I difficult ones, raising profound ques- comfort in Washington because they previously indicated, that States do so tions of constitutional law. could not muster the number of Sen- rationally by creating separate oper- One other aspect of the proposal ators and Representatives to deal with ating and capital budgets. I have sup- which is disturbing is the departure their region’s particular problems. ported a balanced budget amendment from a tradition in this country of ma- Frankly, over the last several years, which recognizes this rational policy. jority rule. I have mentioned before the we have seen economic situations in But that proposal is not before us supermajorities which would be re- which the country overall appears to today and we are debating a proposal quired to raise the debt limit and to do be doing fine, but when you go to the that does not recognize—in fact some other things which today only require Northeast, to California, or to other scholars have indicated it would con- a majority vote of the Members of the parts of the country, you find regional stitutionally preclude—the develop- House and the Senate. Indeed, the bal- recessions that need the help of this ment of a capital budget by the Federal anced budget amendment would create Government. Regrettably, in that situ- Government. new supermajorities in many different Time and time again, the advocates ation there may not be sufficient will areas. When the founders developed the of the amendment have rejected the or political support to do what we must Constitution, they recognized that idea of a capital budget for the Federal do, which would be extremely detri- only majority rule would work for a Government. I believe, in a sense, not mental to the citizens who live in these nation founded on the principles of lib- only are we rejecting sound constitu- areas. erty and opportunity. James Madison tional policy and sound administrative There is another aspect of this super- argued in Federalist 58 that if more policy, but we are also undercutting majority that is built into this con- than a majority were required for legis- this Nation’s need to build up our cap- stitutional amendment which should lative decision, then: cause us all great concern, and that is ital infrastructure. So, this amend- in order to raise the debt ceiling a vote ment, as proposed, is both bad econom- . . . in all cases where justice or the gen- of three-fifths would be required. ics and bad budgeting, and finally it is eral good might require new laws to be We have just in the last Congress an abrupt departure from the constitu- passed, or active measures to be pursued, the fundamental principles of free government seen the difficulty of securing approval tional balance that we have observed would be reversed. It would be no longer the of a change in the debt ceiling with a through the course of our history. It majority that would rule: the power would simple majority requirement. If we raises a number of fundamental ques- be transferred to the minority. would require a three-fifths vote, we tions about our Constitution, our tra- really would be putting our Nation at dition of majority rule, and the power And, indeed, that is what this amend- severe risk. of the judicial branch in the United ment would do inexorably. As Secretary Rubin has pointed out States. There is a final and significant issue with respect to the issue of raising the One of the lessons I learned in law which must be discussed with respect debt ceiling and consequently avoiding school was, where there is a wrong, to this balanced budget amendment default on Government debt: particularly a constitutional wrong, proposal. I believe it jeopardizes the in- The possibility of default should never be there must be a remedy. Yet this con- tegrity of the Social Security system on the table. Our creditworthiness is an institutional amendment makes no men- and raises the specter of encroach- valuable national asset that should not be tion of how it will be enforced and who ments on the system, not to support subject to question. has the legal standing to question seniors but to pay for the reckless Default on payment of our debt would un- those issues which arise under the con- spending of the 1980’s. dermine our credibility with respect to meeting financial commitments, and that, in stitutional amendment. This is an invi- My State has the Nation’s third high- turn, would have adverse effects for decades tation to litigate rather than legislate est percentage population of senior to come, especially when our reputation is on budgetary matters. If a future Con- citizens. These are the men and women most important, that is, when the national gress finds it too difficult to take the who fought in World War II and who economy is not healthy. Moreover, a failure painful steps needed to eliminate the made our country an economic power. to pay interest on our debt could raise the deficit, then we may expect any num- cost of borrowing not only for the Govern- Their sacrifices have made our Nation ber of possible claimants, from Gov- what it is today. They deserve our sup- ment but for private borrowers as well. ernors upset about Medicaid payments This super majority provision would port and they rightly demand our as- to senior citizens upset about their So- sistance to maintain a dignified retire- affect the Government’s ability to deal cial Security checks, all of them urg- rationally and prudently with the debt ment. ing the courts to step in and take ac- The hallmark of our commitment to ceiling, and that is another reason, a tion. very strong reason, why this proposed Moreover, by placing the require- these seniors has been the Social Secu- constitutional amendment is inappro- ments that receipts and outlays be rec- rity system. However, this amendment priate. onciled in the Constitution itself, the makes no provision to protect this es- It is bad economics; 1,100 economists amendment effectively calls on the Su- sential program from the choices nec- would condemn it, but it is also very preme Court to ensure that this man- essary to achieve a balanced budget. poor budgeting. As Senator BYRD date is met. While the amendment may The amendment fails to recognize that pointed out, the majority’s proposal leave open the question of how the leg- Social Security is not just like every turns the Congress and the President islature reaches its positions and what other program. It is directly funded into fortune tellers who must somehow items will be considered outlays and through a dedicated payroll tax, and predict and balance outlays and re- revenues, the Supreme Court will al- numerous acts of Congress have sought ceipts exactly or find the super- ways have an obligation to uphold the to protect it from improper manipula- majority needed to waive the amend- Constitution. Once we declare constitution or precipitous reductions in bene- ment. This appears to be an impossible tionally that revenues and outlays fits. Yet the majority refuses to pro- task, because each year the CBO seems must be reconciled, the Court will have tect Social Security and, instead, to revise its projected deficit and rev- no inhibition, and, in fact an obliga- wants to use the Social Security trust enue totals on a regular basis. We tion, to step in and make this rec- fund to mask the deficit. should not delude ourselves into think- onciliation if Congress fails. Mr. President, recently the Congres- ing we can accurately predict the fu- Likewise, under this amendment the sional Research Service produced a re- ture, and we should definitely not add President could be forced to impound port regarding the impact of the bal- this dubious proposition to the Con- funds, to cut off checks, to do many anced budget amendment on Social Se- stitution. things because of a perceived constitu- curity, which contained a shocking

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1701 revelation. The report found that the tury. I believe reaching a balanced Because I believe, as I know do most Social Security Administration, even budget by 2002 or earlier should be our of my colleagues, that we should bal- though it has accumulated a very highest priority. Thus, I am offering an ance the budget no later than the year healthy surplus, would not be able to amendment that will shorten the time 2002, I am offering this amendment to pay benefits in certain years, due to for ratification of this amendment. shorten the time for ratification from the amendment’s requirements that As was noted on the floor by our col- the allowed 7 years under the current total outlays for any fiscal year shall league from North Dakota, Senator amendment to 3 years, thus keeping us not exceed total receipts for that fiscal DORGAN, a few weeks ago, even if this on track to meet the 2002 goal. year. In other words, Social Security amendment were somehow ratified at I want to be candid in stating that I could only pay as much in benefits as 2:10 today, tomorrow this Nation’s def- disagree with many of my colleagues it receives from payroll taxes in any icit would be no smaller than it was who believe that this amendment will given year, even if the trust fund was when the amendment was adopted. The be promptly ratified by the States. running a multibillion-dollar surplus fact that this amendment in and of There is already talk that some of the from previous years. This is a grave itself does nothing to reduce the deficit States that might have ratified this matter that deserves more analysis and highlights one of my principal concerns proposed amendment in the past may could jeopardize the 1983 Social Secu- with Senate Joint Resolution 1. That be having some second thoughts. rity reform law as well as future re- concern is that pursuing a constitu- Maybe they have been listening to the form efforts. But it would be a con- tional amendment approach could, debate on the floor, about some of the sequence of this balanced budget counter to what everyone suggests on very serious flaws with the way this amendment if adopted today or in the this issue, actually delay action on the balanced budget amendment was draft- future. real work of achieving a balanced ed, that has been brought forward. In Some would argue that no legislator budget by providing what is, in effect, fact, the longer the States have to con- would touch the Social Security sys- political cover for inaction while the sider this amendment and its potential tem, but a constitutional imperative States debate the question of ratifica- ramifications and uncertainties, they may provide a shield which would tion. will be less and less inclined to adopt allow legislators to break that sacred Under the proposal before us, even if it. commitment between ourselves and the Congress adopted the joint resolu- However, when I offered this amend- those seniors who have contributed so tion this year, the implementation ment in the Judiciary Committee, the much to this country. date, the date by which we would actu- proponents of the balanced budget ar- I urge my colleagues to reject this ally be required to balance the budget, gued against it. The distinguished balanced budget amendment. The Con- is potentially well into the next dec- chairman of the Judiciary Committee, stitution establishes the durable rights ade. Conceivably, it could be as late as the senior Senator from Utah, Senator and responsibilities which are the her- the year 2006. HATCH, stated that he was quite con- That is right within the terms of the itage of our past and the best guar- fident that if the timeframe were balanced budget amendment that is antee of our future. We should not let shortened, as I am proposing, that the being offered. This is evident on the the Constitution fall prey to a proposal underlying amendment ‘‘would still be face of the amendment itself. Section 8 that reflects transient economic policy ratified by an overwhelming number of of the amendment offered in Senate at best, and would erode both majority States and probably within that 3-year Joint Resolution 1 provides that the rule and the principle that the people’s time.’’ balanced budget amendment will take representatives, not judges, must be re- That being the case, and the general effect beginning with the fiscal year agreement that the budget must be sponsible for the public purse. 2002, or within the second fiscal year Mr. President, before I yield, I would balanced no later than the year 2002, I beginning after its ratification, which- like to thank Senator FEINGOLD for his was somewhat surprised to see my ever is later. So there is no certainty graciousness in delaying consideration amendment defeated by the com- at all with regard to the year 2002. mittee. If we are sincere about our ef- of his amendment in order to permit The report accompanying Senate forts to achieve balance within 5 years, me to go forward with my statement. Joint Resolution 1 reiterates this un- I thank the Senator from Wisconsin certain timeframe. It states as follows: our actions on this amendment should and I yield my time. reflect that goal, a goal that has been An amendment to the Constitution forces AMENDMENT NO. 13 the Government to live within its means. stated by the President and by the ma- The PRESIDING OFFICER. Under S.J. Res. 1 requires a balanced budget by the jority leader and by the Speaker of the the previous order, the question recurs year 2002, or 2 years after the amendment is other body. on the Feingold amendment No. 13. De- ratified by the States, whichever is latest. The argument has also been made we bate on the amendment is limited to 30 So, Mr. President, the proposal be- should not abandon the custom of al- minutes equally divided in the usual fore us allows the States a full 7 years lowing a full 7 years for ratification. form. to ratify this amendment. The prac- However, the 7-year period for ratifica- Mr. FEINGOLD. Mr. President, under tical effect of this is, assuming Con- tion has evolved as a matter of practice the unanimous-consent agreement I gress approves Senate Joint Resolution beginning with the 18th amendment. have two amendments at the desk and 1 by June 1 of this year, the States On each successive occasion, except the I believe it is in order for me to call up then have 7 years, or until the year 19th amendment, Congress has a set the first of the amendments, amend- 2004, just to ratify the amendment. If time for ratification, and they have set ment No. 13. they take the full 7 years, and I think that time each time at 7 years. Doing The PRESIDING OFFICER (Mr. they will take more time when they so has been upheld as appropriate by ENZI). That is the pending question. begin to consider the full implications the Supreme Court as an exercise of The Senator has 15 minutes. of this approach, the amendment would Congress’ authority to adopt reason- Mr. FEINGOLD. Mr. President, I then not become effective—in other able timeframes for ratification of thank the Senator from Rhode Island words, binding on Congress—until 2 amendments. for his kind remarks and for his excel- years later, in the year 2006. In other There has, no doubt, been much de- lent remarks in opposition to the bal- words, the ratification period envi- bate over whether or not the time for anced budget amendment. The amend- sioned by Senate Joint Resolution 1 ratification may be extended. There is ment I am offering today to the bal- forestalls making the truly hard nothing, Mr. President, nothing, except anced budget amendment will ensure choices until as late as the year 2006, adherence to tradition, that precludes that this Congress will meet its stated well, well beyond the current target of the adoption of a shorter period of rati- goal of reaching a balanced budget by the year 2002. fication, of a period less than 7 years. I the year 2002. Many people do not real- In fact, the only way this amendment respectfully suggest that the context ize that as currently drafted, Senate can be effective and binding by the in which the debate over the balanced Joint Resolution 1 may well forestall year 2002 is if we pass it this year and budget arises counsels that it would be this goal of balancing the budget by the States then ratify it within only 3 entirely appropriate and reasonable to the year 2002 well into the next cen- years. depart from the 7-year standard and

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1702 CONGRESSIONAL RECORD — SENATE February 27, 1997 adopt, in this case, 3 years, as is pro- support moving toward balance by the Mr. President, I am not concerned posed in my amendment. year 2002 or you don’t. If this Nation is about 3 years or 7 years. I am con- There can be little doubt that bal- going to take the constitutional ap- cerned about 28 years, these 28 years of ancing the budget is perhaps the top proach, we should set about doing so unbalanced budgets. You know, the priority of the Federal Government at and not let possible delays over ratifi- bottom line is, we can talk all we want this point. In fact, so important was cation provide an excuse, provide polit- to about technicalities like 3 or 7 years the adoption of the 2002 target date ical cover for inaction and delay until but it is the 28 years I am concerned that the Republican Party created and as long as the year 2006. about. Really, if you get serious about ran what was, in my opinion, a pretty I do not question the sincerity of my it, it is 58 of the last 66 years during effective TV ad that showed President colleagues in their desire to balance which we have had unbalanced budgets. Clinton saying that a balanced budget the budget. My amendment ensures It does not take a rocket scientist to could be attained in 7 years, then 8 that this will occur within the time- realize this outfit just does not have years and then 10 years. That was a frame we have all agreed upon. There- the will to do what is right. pretty good ad. This ad was a dramatic fore, Mr. President, I am hopeful that So to get all caught up in whether it portrayal of what many argued was a all of us who support balancing the is 3 or 7 years, I do not think serves the general unwillingness to commit to at- budget, whether we support this best interests of this amendment. Let taining balance by a specific date. amendment or not, will embrace my me just say the bottom line is this. I agreed with my Republican col- amendment that will limit the ratifica- Congress cannot and will not stop leagues that we should set about the tion to 3 years and, therefore, Mr. spending more than it earns without business of reaching balance by the President, keep us on track to balance the force of a constitutional require- year 2002, and that is why I think the by the year 2002, not the year 2006. ment to balance the budget. amendment I am offering is appro- I reserve the remainder of my time. I have 28 unbalanced budgets here priate and should be adopted. It assures Mr. HATCH addressed the Chair. just to prove the point. We stacked that the target date of 2002 will not be The PRESIDING OFFICER. The them a little lower by doubling and tri- pushed back until possibly as late as Chair recognizes the Senator from pling the smaller volumes, but it still 2006. If, as the chairman of the Judici- Utah. is a pretty high stack. It is headed Mr. HATCH. I understand my col- right to the ceiling if we do not get a ary Committee suggested, the States league. I understand the amendment balanced budget amendment. We have adopt this Senate Joint Resolution 1 being offered by Senator FEINGOLD run deficits in 58 of the last 66 years. very quickly, then we should make it would reduce the period for the States And, Mr. President, that is plain fiscal effective no later than 2002. If however, to ratify the balanced budget amend- irresponsibility. the States, upon learning about the un- ment from 7 to 3 years. For these reasons, I urge my col- certain consequences to the American I have to say, that I do not see the leagues to reject distractions such as people of this proposal, reject it, Con- wisdom in departing from the long- this amendment. I do not mean to de- gress should not be allowed to sit on standing 7-year standard that this res- mean the amendment of the distin- their hands for 7 years and let the olution reflects. The 18th amendment, guished Senator or my colleague who gains of the past 4 years of reducing ratified in 1921, was the first constitu- serves well on the Judiciary Com- the deficit languish or, even worse, be tional amendment to contain a time mittee, and with whom I have a very lost. limitation of any kind. Although there good, friendly and decent relationship, I am sure that many proponents of was heated debate at the time over but it is a distraction in the sense that this constitutional amendment will Congress’ authority to impose such a really the 7-year period really ought to argue that even if the States take the limitation on the States’ ratification be maintained since it has been over all full 7 years, there is nothing to stop of the constitutional amendment, the these years. the Congress from continuing to work Supreme Court subsequently upheld So I urge my colleagues to reject this hard to get the balance done by the Congress’ power to set a reasonable amendment and to find the courage to 2002 date. I hope so. But I suggest that time limit on ratification in the case of change the face of this Nation by vot- such an argument speaks not to my Dillon versus Gloss back in 1921. As a ing for a constitutional amendment to amendment, but to the more threshold result, we find 7-year time limitations balance the budget. This is a chance to question of why, if that is the case, do within the actual text of the 18th, 20th, do it. This is a chance to do something we have to amend the Constitution 21st and 22d amendments. that will work. If we put the balanced anyway? If the constitutional amend- Since approval of the 23d amendment budget requisite into the Constitution, ment is not going to require balance in 1961, Congress has continued to in- I have no doubt that it will be a very until the year 2006, what will force this clude a 7-year time limitation. But relative few who would not observe it. body to do the job by the year 2002? such limitation has been removed from But I believe the vast majority of Nothing. The heat will be off. the text of the amendment and incor- Members of the Congress of the United President Clinton was clear when he porated instead in the joint resolution States henceforth and forever would do said that all we need to balance the proposed in the amendment as we have everything in their power to live up to budget is our votes and his signature. I done in Senate Joint Resolution 1. that constitutional requisite were we agree. We should make the tough Now, just to verify the continued ad- to put it in the Constitution. choices sooner, not later. The report herence to the convention of a 7-year I have no doubt about it. I think the accompanying this measure argues time limitation, I did a quick review of vast majority of people who serve here that should this amendment be adopted the 107 Constitutional amendments in- are very honorable people who keep and subsequently disregarded by a Con- troduced in the last Congress. Indeed, their word and will do what is right. I gress and a President and are stalled at of those 107 resolutions, only 1 con- really believe that if we put this in the an impasse in budget negotiations, tained a time limitation that varied Constitution, that vast majority will that that would constitute nothing less from the conventional 7-year limita- really make sure that this balanced than a betrayal of public trust. In my tion. budget amendment works. On the other opinion, if we allow this amendment to I am quite confident, were we to hand, if we do not, my gosh, what hope potentially delay balancing the budget adopt a shorter time limit, as my col- do we have? I mean, I can just see or, in the interim, stray from the league proposes, the amendment would where nobody could be seen above this course charted over the last 4 years, still be ratified by an overwhelming stack 6 or 4 years from now. that would also be, in my view, a be- number of the States. But I fail to see Frankly, I am absolutely solid in as- trayal of the public trust. We should the need in this case to alter what has serting, unless we have a balanced con- remain always and in all respects com- been recognized as a reasonable time stitutional amendment, these stacks mitted to the 2002 target date. limitation on ratification since the are just going to continue to grow ad As I said before in the Judiciary early part of this century or to preju- infinitum, something that must be hor- Committee, this amendment is really, dice the consideration of the balanced rifying our Founding Fathers, many of to put it in very simple terms, the fish- budget amendment by reducing the whom are undoubtedly in Heaven, al- or-cut-bait amendment. You either time for consideration. though there are a few I am sure who

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1703 had a rough time getting there. But have heard from the Senator and most this year in their legislatures; others the vast majority of them probably are of the other supporters of the balanced meet, but may not have time to con- there with our Father in Heaven say- budget amendment. sider this. It does take time to ratify a ing, ‘‘Let’s do that which we failed to There was no suggestion by the Sen- constitutional amendment, depending do when we had the chance, even ator from Utah that we could not limit upon a lot of timing factors. though we thought about it.’’ But they, this to 3 years. I appreciate his candor So we prefer to have the 7-year pe- when they were here, never thought for on that. That is something that is riod. But I will make that offer if the a minute we would have 28 straight available to the Congress. It has not Senator will vote for the balanced years of unbalanced budgets. been done before, but when the limita- budget amendment. I would encourage So I suspect that the only way to tion was put in the first place on the 7 all my colleagues to vote for his solve this problem is to put some fiscal years on the 18th amendment, it was amendment, but until he does, I think mechanism within the Constitution my understanding that was not done we have to reject this amendment un- that makes sense. This amendment is before. So there is no literal constraint less he is willing to do so. that mechanism. It is a bipartisan on that. The PRESIDING OFFICER. The Sen- amendment. I was also struck, Mr. President, by ator from Wisconsin has 36 seconds. I chatted with CHARLES STENHOLM the Senator from Utah’s statement Mr. FEINGOLD. Let me say I, of last night, our Democratic counterpart that we really had no reason here not course, am very candid on this point, over in the House. I have to say he has to adhere to convention, there is no that I do not support the balanced done a tremendous job over the years reason not to go to 3 years or we should budget amendment for a variety of rea- doing his best to try to enact this stick with the traditional 7 years. This sons, but I do recognize that there are amendment. It takes guts because he entire process of balancing the budget some very serious consequences for takes a lot of flak for it because people and having an amendment to the Con- this country if we do pass it. in his party in particular want to keep stitution to do it could not be more My amendments today are relevant spending and taxing and claiming that contrary to the notion of adhering to to the situation we would face if it does they are doing a lot for people—they convention. We have tried to use the go through. I am sincere in my belief never say with their own money that Constitution of this country as a very that if it does pass, the process is going could be better utilized by them and I limited and narrow document for 200 to be slowed down here if it is not rati- think in a better way. So I want to years but now we are going to do ac- fied quickly by the States. That is why praise him for the work he has done counting through the Constitution. I I offer this amendment, because some- over there in the House, along with suggest that that is a failure to adhere times things happen that you are not other Democrats and Republicans who to convention. happy about in the Congress and the have worked so hard through the years The Senator from Utah also tried to President signs it, but you would like on this amendment. describe this amendment as sort of a the negative effects to be limited. I want to praise everybody here who technicality, saying that whether it is That is the spirit in which the will vote for this amendment because 2002 or 2006, that is not the issue. We amendment is offered. it does—it does—hold hope for the fu- just need it in the Constitution. Mr. HATCH. Mr. President, I know ture if we can pass this amendment and Mr. President, it flies right in the my colleague is sincere. I have nothing enshrine it in the Constitution where I face of his excellent description of that but respect for him as he serves on the think the vast majority of Members stack of documents in front of him. committee. I have a lot of regard for would honor it and do what is right. The Senator from Utah is one of the the distinguished Senator, and he The spending games would be over. taller Members of this body, if I may knows it, and I know it. So I would hope that our colleagues say so. I do not think that is in dis- However long it takes, we need a bal- will keep the language exactly the pute. I agree that if we keep going anced budget amendment, and I think same. I do not know how it would af- down this road that we will be unable this is drafted correctly. It has Demo- fect other people who are currently to see the distinguished chairman, per- crat prints all over it and Republican willing to vote for the amendment, but haps even by the year 2002, because of prints all over it. It is the bipartisan we would like not to change it. In spite these books that are piling up. But if amendment that has always been in of the fact that my colleague is sincere we wait not until the year 2002 but to play, and I think should always be in and that this is a sincere amendment, the year 2006, I think the former Sen- play. I would hope that our colleagues will ator from New Jersey may not be visi- Frankly, I am hopeful we can pass it vote to table it. ble and we may have to get Senators by next Tuesday. But however long it Mr. President, I am prepared to yield who would be able to start in a starting takes, we need it. If we do not do it, we back the balance of my time. We could line up in the NBA just to be able to be will continue the status quo, and that move to the Senator’s next amend- seen over these documents. The fact is, is a stack of unbalanced budgets, which ment, unless he wants to discuss it. there is a difference between the year my friend and colleague admits will Mr. FEINGOLD. How much time do I 2006 and the year 2002. continue if we do not do something have remaining? All my amendment does, Mr. Presi- about it. The PRESIDING OFFICER. You have dent, is guarantee that however this Mr. President, I yield back the bal- 3 minutes, 46 seconds. turns out, through a balanced budget ance of time, and I understand these Mr. FEINGOLD. Mr. President, if I amendment or through a bipartisan votes will be stacked. may, I would like to use that time. agreement to balance the budget by The PRESIDING OFFICER. The Sen- There were interesting remarks made the year 2002, that is the date. Either ator is correct. by the chairman of the Judiciary Com- way, it cannot be after that time. That Mr. HATCH. I ask unanimous consent mittee, my friend, Senator HATCH. is the effect of my amendment, Mr. to move to table, with the under- I will reiterate, this is really the fish- President. standing it will be able to come up at or-cut-bait amendment. I always appre- I yield the floor. a later time. ciate the eloquence of the Senator Mr. HATCH. Let me just say for the The PRESIDING OFFICER. The Sen- from Utah, but I notice a sort of dif- sake of this debate, if the Senator were ator has that right. The motion to ferent tone when he speaks about this willing to vote for the balanced budget table has been made. amendment as opposed to the balanced amendment, I would accept his amend- Mr. HATCH. I ask for the yeas and budget amendment. There is sort of a ment because I think three-quarters of nays. lack of urgency to his tone about this. the States would ratify this amend- The PRESIDING OFFICER. Is there a His tone suggests that whether we get ment within the 3-year time period. I sufficient second? this thing done by 2002 or 2006, the im- know he will not vote for this balanced There is a sufficient second. portant thing is that we just have this budget amendment, and, frankly, it is The yeas and nays were ordered. balanced budget amendment on the better from a constitutional standpoint AMENDMENT NO. 14 books. That just does not seem to to give the States enough time to func- The PRESIDING OFFICER. Under square with the rest of the comments I tion. Some States do not even meet the previous order, the question recurs

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1704 CONGRESSIONAL RECORD — SENATE February 27, 1997 on amendment No. 14, offered by the ance would also address some of the Mr. President, many have said this, Senator from Wisconsin [Mr. FEIN- concerns that have been raised by Sec- but we have abused the Social Security GOLD]. Debate on the amendment is retary Rubin and others who have spo- surpluses by using them to mask part limited to 40 minutes, equally divided. ken about the important role that of our budget deficit. I don’t single out The Chair recognizes the Senator automatic economic stabilizers play in one party or one branch of Govern- from Wisconsin. the health of the economy. ment, because it has sort of been stand- Mr. FEINGOLD. Thank you, Mr. Our committee chairman has cited ard operating procedure for nearly 30 President. I thank the distinguished Fred Bergsten, a noted economist, dur- years. Mr. President, many of us want Senator from Utah, the chairman of ing the committee’s markup. This is to stop that abuse and to work to get the Judiciary Committee, for his kind what our distinguished chairman said the budget off the Social Security sur- remarks. in citing Mr. Bergsten: ‘‘* * * a better plus addiction so the funds are there I now would like to speak about an way to go is to shoot for a yearly sur- for retirees as promised. amendment that is also in the spirit of plus and let that take care of truly Mr. President, again, the current bal- trying to make sure this balanced automatic fluctuations, if there are anced budget amendment draft will not budget amendment works properly, in any.’’ let us do that. When the baby boomer the event it goes through the Congress Mr. President, I agree with our chair- retirees begin to collect Social Secu- and is ratified by the States. man. I think balancing the budget and rity and the surpluses turn negative, Mr. President, regardless of our views building up a reasonable surplus during the balanced budget amendment does on the balanced budget amendment, good times to help cushion economic not permit us to draw upon any savings many of us would like us not only to downturns is a better way to go. How- we can build up between now and then. balance the budget, but many of us ever, as I just noted, Mr. President, would like us to establish a statutory under the present draft, we could not Now, one approach is to explicitly ex- balance that can act as a fiscal cushion establish and use such a surplus fund empt Social Security from the bal- against unexpected emergencies. In without violating the constitutional anced budget amendment by putting other words, we think we should never amendment mandate except through the Social Security trust fund out of project a deficit, but that on occasion achieving a three-fifths majority in reach. We could then be sure that they we may want to project something of a each house. will be available to draw down when surplus to make sure there is money Mr. President, you know that thresh- needed. there in case there is an emergency or old presents serious problems, as many of our colleagues have noted during the Some who oppose this approach some other urgent spending priority course of this debate. The super- argue that we can do so by statute. that has to be dealt with, but only on majority requirement empowers a mi- They note that nothing in the current a surplus basis. nority to hold up a must-pass measure draft would prevent us from taking So- Now, Mr. President, this is not some cial Security off budget by law, as we idea I cooked up. This is what we do in unless their fiscal or policy demands have been met. As some have noted, do now, and achieve genuine balance Wisconsin. It is done in some form in this perhaps mild form of extortion outside of Social Security. Unfortu- most States. I think it would make might even take the form of insisting nately, though, Mr. President, even if good sense at the Federal level. on additional deficit spending, pre- the rest of the budget is in true bal- Unfortunately, Mr. President, in its ance, the current version of the amend- current form, the proposed balanced cisely the opposite direction intended by the supporters of the constitutional ment still prevents the use of the trust budget amendment discourages this amendment. Remember, this balanced fund savings to pay Social Security fiscally responsible tool. In effect, it budget amendment does not guarantee benefits, unless the rest of the budget does not really allow a surplus. It cer- that we have deficit spending, it just is cut or taxes are increased. tainly does not allow a surplus to be requires a supermajority to do so. Mr. President, the current balanced used if one arises, except by a three- Mr. President, if allowing a surplus fifths vote in each house, which is a budget draft requires cash flow to be fund might be fiscally prudent to han- balanced. It expressly prohibits the very high standard. Because outlays dle the unexpected natural disaster or cannot exceed receipts in any year kind of buildup in anticipation of need military conflict, I think this surplus that is the underpinning of the Social under the balanced budget amendment, opportunity becomes absolutely essen- any surplus built up to address an un- Security system itself. To put it in tial if we hope to fund the bulges in So- more simple terms, it is exactly like expected need would be subject to the cial Security benefits that will occur three-fifths threshold and all the po- telling parents when the time comes to when the baby boomers retire. pay the cost of their child’s education, tential mischief that a supermajority In just a few years, we will begin to requirement employs. they will not be able to use any of the have to pay back the funds we have savings they have built up, but will Mr. President, many of us in this borrowed from the Social Security body have concerns with the way we have to pay for the cost of their child’s trust fund. Before that happens, Mr. college education out of whatever their currently address emergencies and President, we have to somehow rid our- other unexpected needs as they arise. I income is at that time—not one dime selves of the addiction to those trust more. I can tell you, as a parent of four have seen a lot of that just in the 4 fund surpluses. That is how we have years I have been here dealing with teenagers, that would be a very trou- been masking how great our deficit is bling prospect indeed. various disaster and emergency legisla- in the past, and we have to begin to tion. Under our present budget struc- balance the budget without those sur- Mr. President, my amendment would ture, we are forced to choose between pluses. That means, Mr. President, allow us to use the savings we must adding to the deficit and scrambling to that the unified budget will have to be build up in advance of the coming re- find spending cuts or tax increases to in surplus, but even then, if we build up tirement bulge. Let me be clear about offset the unexpected need. a genuine surplus in unified budget to this. Although this is the way it is I think, and we have certainly seen pay future retirees, the restrictions of done in my home State of Wisconsin— this in Wisconsin, a far more fiscally the proposed balanced budget amend- by statute—my amendment does not responsible approach would be to ap- ment will prevent us from using it un- require us to have a surplus. My propriate a dedicated emergency fund less we can muster a three-fifths vote amendment does not require us to ful- or require a positive ending balance on of support in both bodies. fill our commitment to future retirees. which we could draw as the need arises. Mr. President, right now, the Social Yes, Congress could still duck that By budgeting for an emergency in ad- Security trust fund is receiving more commitment. But at least, Mr. Presi- vance, this approach would avoid def- than it is paying out. Those surpluses dent, if my amendment is adopted, icit funding, but it would also decouple will continue to build until the baby Congress would be able to do the right the potentially desperate need for boomers retire, and we need to tap into thing by Social Security beneficiaries. emergency assistance from the hurried those savings at that point to offset Without it—if the Constitution is approach of emergency offsets. So a the bulge in Social Security bene- amended as it is currently drafted— surplus fund or statutory ending bal- ficiaries. Congress will have to find a dollar in

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1705 budget cuts or tax increases for every budget amendment, we all believe that haps a bit premature to start arguing dollar Social Security outlays exceed deficits will come to an end. I do not about how we will spend surpluses. The receipts. expect it will be easy to accumulate first order of business is to pass the Mr. President, despite all the rhet- large surpluses, even under the bal- balanced budget amendment and get oric about how Social Security will do anced budget amendment. Proper plan- the deficit at least to zero. Then I sub- quite well in what I like to call the ning and discipline can yield positive mit that we can work on surpluses and ‘‘brave new world of the balanced budg- results. But I think it’s important that true debt reduction. et amendment,’’ who can doubt that we jealously guard the fruits of our This is an interesting proposal, but it Social Security benefits will quickly budgetary labors and protect the sur- ought to be defeated. go on the chopping block, if we ever get pluses we have managed to acquire, if Mr. FEINGOLD. Mr. President, how to that eventuality? any. much time do I have remaining? Mr. President, this is a fundamental This amendment seeks to make it The PRESIDING OFFICER. The Sen- inequity that is built into the proposed easier to spend away any surpluses we ator has 9 minutes 36 seconds. constitutional amendment. Programs manage to acquire. It seems to me that Mr. FEINGOLD. Thank you, Mr. like Social Security, which require a this is an ill-advised policy. We would President. I appreciate the comments buildup of savings to work, have to be wiser to keep the surplus in the of the Senator from Arizona. I enjoy muster a three-fifths majority from strongbox of subject it to a super- serving with him on the Judiciary both bodies. But the defense budget, majority requirement to be certain Committee. I appreciate his candor. Basically, those folks who advocate special interest spending done through that it is not whisked away in yet an- the constitutional amendment have the Tax Code, and corporate welfare, other Washington spending frenzy. Can said it all here. They have now said for- all get a free pass. They don’t have to we safely assume that the Congress mally that if you want to get money go through this. would leave money sitting, unguarded, from the Social Security trust fund So, Mr. President, to conclude, even on the table? surplus in the coming years, that in if my amendment is adopted, it will be The supermajority requirement will fact the only way to do it is by getting difficult for Social Security to compete help us ensure that when a real emer- a supermajority, three-fifths of both with these other powerful interests. gency arises, the surplus will be there the Senate and the other body. But at least by allowing for a surplus, to meet truly pressing and worthy I hope the seniors of this country are my amendment gives it a fighting needs. Both common sense and polit- listening and realize what we are talk- chance. ical reality dictate that there will be ing about here. It is incredibly difficult I reserve the balance of my time. very little difficulty in getting the to get three-fifths of either body on Mr. KYL addressed the Chair. three-fifths necessary because, after anything. It is hard enough to get over The PRESIDING OFFICER (Mr. all, who would vote against emergency 50 votes on anything. And when you are SHCROFT). The Senator from Arizona A aid when there would be no increase in talking about the competition with all [Mr. KYL] is recognized. the deficit? the special interests that are rep- Mr. KYL. Mr. President, Senator I do have a concern that allowing resented in this community, even with HATCH was called away for a moment. I Congress the option of spending a por- a fully funded Social Security trust would like to present some of the re- tion of the national savings by simple fund, requiring a three-fifths majority marks he would make in opposition to legislative fiat might erode the effec- of both Houses to fully fund Social Se- the amendment. tiveness of the balanced budget amend- curity benefits from the trust fund has Of course, nothing in Senate Joint ment by relaxing the fiscal constraints to be one of the greatest threats to So- Resolution 1 prevents us from running on yearly spending. Congress might cial Security that can be imagined. surpluses or saving those surpluses in a slip into a habit of spending accumu- Let’s be clear. I do not think anyone rainy day fund. But Senate Joint Reso- lated surpluses with regularity and get has successfully disputed the claim lution 1 does put a lock on savings to used to spending beyond our annual in- that this constitutional amendment al- ensure that they are not spent frivo- come, just as we have gotten into the lows the use of Social Security dollars lously. habit of borrowing under the current to balance the budget. That has be- The proposal before us is based upon system. Then having wasted our sav- come very clear in this debate. What the argument that, under the balanced ings, we would have much more work this new admission tells us is that if budget amendment, previously accu- just to get back into annual balance the Congress wants to do the right mulated surpluses cannot be drawn habits. thing after we have a balanced budget upon in future years without a three- If we were fortunate enough to accu- amendment and wants to make sure fifths vote. This is because, the argu- mulate a sizable surplus, I expect we that retirees and future retirees have ment goes, such funds would be spent could stop patting ourselves on the the money saved for them over the as current outlays within the meaning back for simply not increasing the debt years, they will not be able to do it of section 7, but would not count as and actually start to repay some of the through a majority vote. A minority in current receipts and would therefore huge debt this country has run up. This either House will be able to prevent cause outlays to exceed receipts and is probably the best use of surpluses, every senior citizen in this country trigger the three-fifths vote in section particularly from a cash management from getting the payments they de- 1. Thus, this proposal seeks to prevent perspective, and is what is conserve and that they paid into the sys- the use of previously accumulated sur- templated as the normal use of sur- tem for. That is what this thing does. plus funds by a simple majority vote. pluses under the balanced budget This isn’t just about seniors. Yes, it While most of us are concerned with amendment. is about my generation. It is about how to stop running deficits, this pro- That is why Senate Joint Resolution baby boomers. Perhaps that will be the posal exhibits concern about accumu- 1 does not count repayment of debt first group that will be affected by this. lated surpluses. Protecting accumu- principal as total outlays. As we pay But it is also about future generations lated surpluses with a three-fifths vote down our debt, we will continue to free who certainly hope, if they are re- is not necessarily a flaw in the amend- up capital, lower interest rates and our quired to pay into the Social Security ment, however. On the contrary, I see annual interest payments, and system, that there would be a way for it as a strength. Requiring a super- strengthen the economy, helping us them to access their retirement bene- majority to spend previously accumu- avoid deficits and the need to draw on fits without having to persuade three- lated surpluses could help us ensure savings or to borrow. We would also be fifths of both Houses of Congress it is a that they are not frittered away on en- moving ourselves away from the debt good idea. You should not have to per- ticing, but fundamentally unimpor- ceiling and building a cushion of debt suade three-fifths of the Congress that tant, spending projects. availability if we should have to bor- it is a good idea. That is your money. Let us be realistic, Mr. President, we row again. That is your retirement benefit. have had 28 straight years of deficits, One final point, Mr. President. We So, basically, our argument has been and we have run deficits for 58 of the have not balanced the budget in almost conceded here. I thank the Senator for last 66 years. If we adopt the balanced 30 years, as I have said before. It is per- his candor.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1706 CONGRESSIONAL RECORD — SENATE February 27, 1997 Let me note that in States where true purposes. We are running a sur- has any other thoughts to engage in they have a surplus fund, in most of plus today. We ought not to make it this debate further. those States they do not require a easier for Congress to continue to raid Mr. FEINGOLD. Mr. President, how supermajority in order to access the that surplus and spend it on other much time do I have remaining? surplus money. According to the Na- things. The PRESIDING OFFICER. The Sen- tional Conference of State Legislators, If there is any criticism that I get— ator from Wisconsin has 4 minutes and as of 1995, 45 States and Puerto Rico and I get plenty when I visit with sen- 15 seconds. had created such funds but only about iors out in Arizona—it is the criticism Mr. FEINGOLD. Thank you, Mr. a quarter of them required a super- of the Congress and the President raid- President. majority to use the fund. ing the Social Security trust fund. Let me respond to the remarks of the Further, let’s remember that States They ask, ‘‘Why are you spending that Senator from Arizona. He referred to are not faced with having to fund a on other Government things when it is the belief that we should worry about program like Social Security that ab- intended to be spent on Social Secu- spending, what he has referred to as solutely requires a substantial buildup rity?’’ And, of course, they are abso- the ‘‘extra money’’ when we get to the of savings in advance. As drafted, the lutely right. We should not be. We point of the surplus. I guess the main balanced budget amendment puts pro- ought to make that as hard to do as thrust of my remarks is that I wasn’t grams like Social Security at a tre- possible. That is one of the reasons talking really about extra money. I am sure that could happen. I will address mendous disadvantage by requiring a that we are supporting the balanced an example of that in a moment. three-fifths vote to use net savings. So budget amendment because we recog- What we are talking about here is a nize that if we do not balance the budg- why don’t we learn from the experience formula against money which is other- of the States? et, if we do not begin to set priorities wise known as the Social Security The Presiding Officer was a distin- in other spending programs, the temp- trust fund. Are we going to start think- guished Governor, and he and the other tation is always there to continue to ing about whether we are going to former Governors in this body know raid the Social Security trust fund. honor the obligations to our retirees So, ironically, the whole purpose that it is very important sometimes to only at the point that we have a sur- here, or at least a significant part of have a projected surplus for a rainy plus? That is what it sounds like. We day. Apparently, the vast majority of the purpose, of the balanced budget get to that point, and say, ‘‘Oh, there is the States have determined in their ex- amendment is to protect the Social Se- a bunch of money in here for Social Se- perience—which we don’t have here in curity trust fund. We ought to make it curity. Let’s see if we can get 60 votes Washington—that you should not re- harder to raid that trust fund. of the Senate to hand that money out.’’ quire a supermajority if you need to I suppose one could postulate the sit- That strikes me as very different get at that money either for purposes uation in which we are at a point when than a discussion of what we are going of emergency, or here, in this case, for we have to draw upon the IOU’s that to do about extra money. What we are the very important purpose of paying are in the Social Security trust fund, talking about here is whether we are retirement benefits to people who are even for Social Security purposes. And going to basically pull the rug out from promised those benefits for their re- I do not think that there is anybody in under people who paid into a system tirement. the House or the Senate who would for the express purpose of providing for Mr. President, I reserve the remain- argue that, in that circumstance, it their retirement. There are really very der of my time. would be very difficult to get the three- few things that are more important to Mr. KYL addressed the Chair. fifths vote. I mean no politician, no- working people in this country. The PRESIDING OFFICER. The Sen- body here in Washington, DC, is going I do not think there has been a real ator from Arizona. to say, ‘‘No, we don’t think we will response to my concern that the bar is Mr. KYL. Mr. President, I appreciate fund Social Security this year.’’ That being set higher for Social Security the comments of the Senator from Wis- is the one obligation that all of us take under this amendment than it is for consin and will respond briefly to as kind of our first rule. And, obvi- other programs. That is because Social them. ously, no one would be able to face the Security by its nature requires the First of all, I think it is important to folks back home if we didn’t do that, buildup of a surplus in order to work. note that the Feingold amendment, as and we should not. We have that obli- Such a program, in order to access I understand it, does not just apply to gation. We owe that obligation, and it those surplus funds, has to get three- any potential surplus in the Social Se- would be done. fifths of both Houses, but other pro- curity trust fund but would apply to We have provided a supermajority in grams, the Defense Department, cor- any surplus. I think that is a correct here for other kinds of emergency situ- porate welfare, and wasteful spending interpretation. ations, and we have said those are programs, need only obtain a simple I go back to the comments I made a clearly situations in which, if it is nec- majority as long as it is within the bal- moment ago to reiterate that it ought essary, you could get 60 votes in the ance of the balanced budget amend- to be more difficult to spend the sur- Senate, and three-fifths in the House, ment. plus, first of all, because we could eas- as well. This is very serious business. Let us ily get into the habit of saying, ‘‘Well, I daresay, if we ever got to that even- finally just take the example of surplus we have a few dollars here in surplus. tuality, even if this applied to that sit- funds that might be used for a different Let’s quickly go out and spend it,’’ uation, it would not be difficult to get purpose. Let us say there is a surplus and, second, because we are not going the 60 votes necessary. that builds up—and I think the folks to eliminate the debt or even begin to So it seems to me that, as I said be- on the other side of the aisle might be repay the debt if we do not apply sur- fore, we are really worried about some- attracted to this—and Congress decides pluses to the debt. thing here that isn’t going to happen. I they expected and they would like to But as to the argument that this would much rather focus our attention give the people in the country a tax would apply as well to the Social Secu- on getting the budget in balance than cut. Maybe they decide it is not the rity trust fund, I think several com- to worry about what is going to happen Government’s money; it is the people’s ments are in order to the extent, if after we do that and we start to run money, and there is enough money in that is true, that it is true. First of all, surpluses. I think that will be a won- surplus to give everybody $500 of tax of course, one could always run a sur- derful day, if we ever get there. I do relief. plus in the rest of the budget as a uni- not think we will have trouble figuring Under this amendment as it is now fied budget to cover the cost that the out how to spend the extra money, and drafted, that built up surplus could not Senator from Wisconsin is talking I would rather make it difficult to be used to cut taxes unless you had 60 about. In any event, this three-fifths spend it so we can make sure that at votes. And as strong as the Republican vote requirement, so-called super- least part of that begins to go to pay majority is in this body, you do not majority, is necessary to protect the our national debt. have 60 votes. You would need 60 votes Social Security trust fund from being I would be happy to stop at this to give the American people the bene- raided to ensure that it is used for its point, if the Senator from Wisconsin fits of that surplus in the form of a tax

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1707 cut. That does not strike me as similar scribed before. Nobody in this body or to get out, the first thing you do is to the arguments I have heard about the other body is going to contend that stop digging. This President would not the urgency of tax cuts in the past, and somehow the balanced budget amend- stop digging until the very end and I do believe that would be the effect of ment is going to preclude us from then magically, somehow or other, the proposed balanced budget amend- doing that. It is an expenditure that is after he is long gone, we are going to ment if we do not adopt the amend- probably the first expenditure we will ratchet up the courage to make all ment I have suggested to allow a sur- want to make around here. My guess is kinds of savings that we cannot decide plus to be used for other purposes as that there might be a bridge here or to make in this year or the next year long as a simple majority is achieved special subsidy there that might fall by or the year after that. It is a little bit in both Houses. the wayside, but Social Security pay- like the fellow who swears he is going Mr. President, I reserve the remain- ments are not going to fall by the way- to go on a diet; he has to lose 30 der of my time. side. pounds. So he says, all right, I am Mr. KYL. Mr. President, might I in- In fact, again, unless we balance the going to do it by July 4. I am going to quire of the Senator from Wisconsin, I budget, Social Security, along with ev- lose 30 pounds. First, however, I am am a little bit confused about the last erything else, is in jeopardy. Most of going to eat like heck and gain another point he made. Perhaps he could clarify us, I think, would undoubtedly agree 20 pounds. And then, by golly, on July this. Was the Senator from Wisconsin with the Senator from Wisconsin that 1 I am going to start losing and by July suggesting that if we might want to Social Security is one of the very first 4 it will all be gone. cut taxes because we have a surplus of obligations we are going to have to It is not going to happen. That is why funds unassociated with Social Secu- meet, and, therefore, it is probably not you need the discipline of the balanced rity, it would require a 60-vote major- in jeopardy. I think we would all con- budget amendment to force us to set ity? Or was the Senator from Wis- tend under no circumstances would we the priorities so that we can achieve a consin assuming that the surplus that ever allow it to be in jeopardy. It is zero deficit within 5 years, stop the ac- he described was the IOU’s in the So- going to be other programs. cumulation of additional debt, which cial Security trust fund? But I would rather be in a position to requires us to pay more interest on the Mr. FEINGOLD. This would relate, say we can fund all the things that we debt, which eats up moneys that could Mr. President, to the surplus that has would like to fund that are necessary be spent on education, on the environ- been built up over several years. to fund. If we do not get our budget in ment, on defense, on law enforcement, Mr. KYL. Would it be the surplus in balance, we are not going to have that on any number of things—on Social Se- the Social Security trust fund or just ability. There will come a time when curity. As I said, I mean all of us surpluses that would be accumulated there is not enough money to spend on around here will agree Social Security over the years? key things like law enforcement and comes first. So we really do not have to Mr. FEINGOLD. Surpluses we have national defense and critical programs worry about Social Security. But we accumulated. because our debt will have gotten so ought to be worrying about all of these Mr. KYL. In that event, Mr. Presi- high that the interest payments on the other things because many of them are dent, I do not understand the argument debt are eating up the largest part of important just like Social Security is. of the Senator from Wisconsin, because our budget. And there is not going to be enough we are not going to need 60 votes sim- We have to get to the point where we money for them if we do not get this ply to reduce taxes. If we have a sur- are not running deficits anymore, our budget in balance. That will not hap- plus, then the revenues that would be annual deficits are zero, but we can pen, as the President’s own budget il- lost theoretically from a reduction in begin to pay down the national debt. lustrates very clearly, until we have taxes would have to be offset. But That is why we need a balanced budget the discipline of a mandatory require- there is no requirement in that case amendment to the Constitution. ment under the balanced budget that there be a supermajority to cut I think perhaps the best illustration amendment to the Constitution. taxes. The revenue that would result of this is to look at the budget that the So, again, I think this is where we that would show up in subsequent President presented to us just a couple really ought to be focusing right now. years would be required to be taken of weeks ago. It is an amazing docu- We can worry about how we are going into account in order to determine ment because while the President pur- to spend the surpluses if and when we whether we had a balanced budget and ports to demonstrate that we can reach ever get there. For now I would just be whether we needed to reduce expendi- a balanced budget in 5 years, and there- pleased to get to the point of zero. tures in subsequent years. But at the fore we do not need to pass the bal- That is what is going to be required if time that we would make the decision anced budget amendment, his budget we are going to be in balance, and that to cut taxes, there would not be a re- demonstrates precisely the opposite. It means we have to pass the balanced quirement for a 60-vote majority. proves that you cannot get here from budget amendment. To the other point that the Senator there unless you are required to do so Mr. FEINGOLD addressed the Chair. made, asking the question with regard by the Constitution. How so? Apart The PRESIDING OFFICER (Mr. to the Social Security trust fund, that from the fact that the Congressional ENZI). The Chair recognizes the Sen- I was somehow suggesting that we only Budget Office says it is not in balance ator from Wisconsin. honor our obligation when we have a by somewhere between $50 and $70 bil- Mr. FEINGOLD. How much time do I surplus, I do not understand that either lion—leave that aside—the President have remaining? because, of course, that was not my proposes that most of the savings that The PRESIDING OFFICER. One point. That is not the fact. would be required to get into balance minute two seconds. We have an obligation to our Social are in the last 2 years of the 5-year pe- Mr. FEINGOLD. I thank the Chair. Security recipients, our retirees, that riod—incidentally, after he is no longer I think the discussion of both the has to be satisfied regardless of wheth- President. Seventy-five percent of the issue of tax cuts and the Social Secu- er the Social Security trust fund is in savings would have to be made in the rity benefits points up how serious it is surplus or in deficit. That is a solemn last 2 years, fully 47 percent in the last to amend the Constitution in order to commitment that we all understand year—almost half of all the savings balance the budget. In effect, we are and we are prepared to meet. over a 5-year period. not going to be able to use a surplus Over the last several years, we have Now, what does that mean? Our budg- that has been built up to give a tax cut. been building up a surplus theoreti- et deficit last year was $107.9 billion. If we do not worry about it now and we cally, so we are in the situation now We are going to go up to something only worry about it when there is a where there is a surplus. We are meet- like, I don’t know, $126 billion this next surplus, the problem is it is going to be ing the obligations. That is not at year and $127 billion the year after in the Constitution. We are not going issue. We have to satisfy our obliga- that. We are supposed to be getting to to be able to just fix it. We had one ex- tions to our seniors. In the event that zero. perience like that in this country in we begin to run a deficit, that obliga- I had an old rancher friend tell me prohibition, and it took quite an effort tion would have to be satisfied, as I de- once if you are in a hole and you want to undo it.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1708 CONGRESSIONAL RECORD — SENATE February 27, 1997 So, again, there appears to be a on amendment No. 10, offered by the to preclude judicial review of constitutional major uncertainty with regard to this. Senator from Massachusetts [Mr. KEN- claims. The important question is do we really NEDY]. This amendment also protects want to be faced in the future years Debate on the amendment is limited against Presidential impoundment with a system set forth in the Con- to 2 hours equally divided. power, which was soundly rejected in stitution that gives us no flexibility, The Chair recognizes the Senator the 1970’s. At that time President that requires a three-fifths majority of from Massachusetts. Nixon unilaterally impounded funds for both Houses in order to simply access Mr. KENNEDY. Mr. President, I programs he did not like. and use the Social Security trust hope, depending upon the interest of In 1974, we made those actions ille- funds? our colleagues, we might be able to ad- gal, but unless we act again, the bal- The other side is not denying that is dress this issue in a more limited pe- anced budget constitutional amend- what is happening. In fact, they say riod of time and get back on schedule. ment restores that authority to the that is what should have to happen— But at this time, we will move to the President. The problem solved by this and that is what our retirees of the fu- time agreement and then try to re- amendment is real. ture may face. spond to the leader’s request that we Proponents of the balanced budget The PRESIDING OFFICER. The move as expeditiously as we can to the constitutional amendment argue that Chair recognizes the Senator from Ari- conclusion of some of these amend- there are few, if any, risks that the zona. ments. courts will micromanage the Federal Mr. KYL. Mr. President, I will take a Mr. President, I offer this amend- budget. They say that article III of the couple of the minutes we have remain- ment to guarantee exclusive congres- Constitution is a bar to judicial intru- ing here. Let me reiterate. We are talk- sional enforcement of the balanced sion. But if that is the case, why did 92 ing about two things here. One, we are budget constitutional amendment and Members of the Senate support an talking about accumulated surpluses to avoid the serious problem of judicial amendment offered last year by Sen- that don’t have anything to do with enforcement under the pending version ator Nunn and Senator CONRAD which Social Security. The point I made on of the amendment. The balanced budg- limited judicial action unless specifi- behalf of Chairman HATCH is, if we ever et amendment would overturn the cally authorized by legislation? get to that wonderful point, I don’t basic principle of separation of powers We all know that the risk of judicial think we will have any trouble figuring by giving the courts and the President intervention is very high, and article out how to spend that money. In fact, enforcement authority. We must take III does not afford protection. As Stu- a lot of us would like to make it a lit- clear steps to avoid such a situation. art Gerson, a former Justice Depart- tle harder to spend so we can begin ap- The proponents of this amendment ment official who testified before the plying it to deficit reduction. So I am apparently believe the old adage that Judiciary Committee in support of the not concerned if it requires us to get 60 silence is golden. They say that be- balanced budget amendment, said: votes here to do that. cause the amendment remains silent Folks watching, of course, may ap- The ‘‘case or controversy’’ requirement of with regard to judicial review and preciate that it takes 60 votes to do article III is the greatest bulwark against Presidential impoundment power, the undue judicial intervention in budgetary most things here in the U.S. Senate be- Congress has not sanctioned either matters, but it is not an impregnable bar- cause a 40-vote minority can always fil- form of enforcement. Unfortunately, rier. ibuster. In order to break that fili- numerous constitutional scholars dis- The reality is that the balanced buster and actually bring something to agree. During the last debate on this budget amendment is likely to produce a vote here you have to have 60 votes. issue, 17 of our country’s most well-re- numerous lawsuits in Federal and This is about the only body that I State courts. know of where a Member cannot call spected scholars urged Congress to re- Neither article III doctrines, which the question and automatically get a ject the proposed balanced budget are not applicable in State courts, nor vote. We cannot get a vote in this body amendment. Conservative and liberal practices of judicial deference will op- unless there is unanimous consent or 60 constitutional experts shared the con- erate as automatic protections against Members agree. So there is a 60-vote viction that the proposed balanced the flood of litigation that could be requirement to do a lot of things budget amendment was a mistake, and brought by taxpayers and others. Such around here. Again, I am not too wor- they specifically stated that the cases will force courts to act to analyze ried about getting a 60-vote require- amendment would inappropriately in- complicated economic questions and ment to spend surplus money in the volve the judiciary in intractable ques- prescribe remedies. U.S. Treasury. I suspect that will be a tions of fiscal and budget policy. For example, can a State or Federal pretty easy thing to do. The proposal before us today raises As to the matter of Social Security, those same concerns. The amendment I court enjoin Government spending if again I think all of us are united in our offer today addresses this problem by three-fifths of both Houses of Congress concern. I commend the Senator from granting Congress exclusive authority are unable to raise the debt limit? Wisconsin for his concern about Social to enforce the balanced budget con- Could a court levy taxes to prevent Security recipients, and I know Chair- stitutional amendment unless Congress an unauthorized deficit? Can a Member of Congress file suit man HATCH and all the Members on authorizes otherwise in the imple- this side have the same concern. Again, menting legislation. The courts could because he or she disagrees about what I am not at all concerned that Mem- not become involved in the many com- constitutes a revenue increase and bers here would somehow slight Social plex budgetary questions that would be then argue that such an increase was Security recipients. They are going to raised by taxpayers, Members of Con- not adopted by a constitutional major- be the first obligation that we satisfy. gress, or other citizens without specific ity? But, as I said, there is not going to be authorization from Congress. Could a criminal defendant file suit enough money for any of these things If the Senate does not adopt this because he or she was charged under a if we don’t get the budget in balance. amendment, Congress may not have law claimed to cost more to enforce Mr. President, at this point I yield another opportunity to narrow the than the Government can finance any additional time I have. Court’s enforcement authority. I know through expected proceeds? I move to table the Feingold amend- that some balanced budget amendment These questions and others regarding ment. Mr. President, I ask for the yeas proponents argue that the Congress funding for Social Security, Medicare, and nays. can step in at a later date to address education and the environment would The PRESIDING OFFICER. Is there a this problem. But constitutional schol- rest in the hands of unelected judges sufficient second? ars disagree. Cass Sunstein, a well re- and judicial intervention can easily There is a sufficient second. spected constitutional scholar at the disrupt Federal services that all Amer- The yeas and nays were ordered. University of Chicago, said: icans depend on. Citizens could find AMENDMENT NO. 10 It is by no means clear that Congress can ‘‘closed’’ signs on Federal agencies, The PRESIDING OFFICER. Under forbid judicial involvement by statute. parks and museums because employees the previous order, the question recurs Courts are quite reluctant to allow Congress have been furloughed or hours opened

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1709 to the public have been cut back. Our This body either intends that we per- Mr. KYL. Mr. President, I would like Republican friends in Congress closed mit the courts to make judgments to just raise one of the questions that down the Government in 1995. Surely about different programs, that we per- rises under the Kennedy amendment, they don’t want a repetition of that ex- mit unelected judges to make judg- to ask the Senator from Massachusetts perience at the hands of judges. ments about matters dealing with the to respond to what I think is a real di- Supporters of this amendment may budget and dealing with the expendi- lemma that is created. I presume it is believe these risks are unlikely, but we tures of resources—judgments the Con- an unintentional consequence, but it is all know that deficits and lawsuits are stitution authorizes Congress to the kind of thing that we have to be not rare, and we have an obligation to make—or it doesn’t. Courts are there very careful of because, obviously, we tell the American people what will hap- to interpret the law; Congress to make are amending the Constitution here. pen if the balanced budget constitu- budget and resource allocation deci- We need to be very, very careful we do tional amendment is not obeyed. sions. not do something wrong or something The amendment also grants a great With this balanced budget constitu- that would have a consequence that deal of power to the President. What is tional amendment, we are providing an would be undesirable. the President required to do if it be- open door for courts not just to inter- The Senator from Massachusetts re- comes clear that outlays will exceed pret the law, but use their power to ferred to the Nunn amendment from receipts and Congress has not author- preempt the power of the Congress of last year, which most Members of the ized the deficit? the United States in allocating re- Senate supported, and essentially com- Secretary Rubin, former Reagan So- sources. pared his amendment to the Nunn licitor General Charles Fried, and We are also giving that additional amendment. There are a couple of sub- former Attorney General Nick Katzen- power to the executive branch in terms tle differences which makes a big dif- bach agree that the President would of impoundment. ference between the Senator’s amend- have the obligation to impound funds. If it is the decision of the majority ment and the Nunn amendment. Testifying before the Senate Judiciary that that is not the case, then this The Nunn amendment from last year Committee in 1995, Solicitor General amendment should be acceptable. But I provided that absent specific legisla- Walter Dellinger said that if the com- ask my colleagues to review with me tive authority, judicial review by the mand for a balanced budget were about the statements of a number of those courts would not be possible, that is to to be violated, he would advise the who have supported the balanced budg- say, ‘‘The courts would not have juris- President that he not only had the et amendment. Many of those pro- diction for claims arising under the right, but also the constitutional obli- ponents specifically say they believe balanced budget amendment.’’ And gation, to step in and prevent the vio- the courts will have enforcement au- that was the language, ‘‘for claims lation by impounding money before the thority, and it is one of their reasons arising under the balanced budget budget became imbalanced. for supporting the balanced budget amendment.’’ The Senator’s amend- What does that mean to American amendment. We can go back and re- ment, however, provides and adds spe- families? It means that across-the- view the report of the Judiciary Com- cific legislation and authorizes judicial board cuts or specific cuts will reduce mittee, which gets into some consider- review: ‘‘Congress shall have exclusive or eliminate Federal programs and able detail on that. authority to enforce the provisions’’ that projects in particular States will If we are seriously interested in pro- under the balanced budget amendment be subject to cuts. This authority tecting Congress’ constitutional duty so that the courts would have no en- makes the line-item veto look mild by to make judgments regarding the budg- forcement role. comparison. et, then we ought to support this Let me repeat that in a moment We all know that many Republicans amendment and make it very, very here. Then I will provide a hypo- want to slash Federal funds for edu- clear. thetical which illustrates why that is cation or even eliminate the Depart- Finally, for those who have said, ‘‘We not a good thing. ment of Education entirely. If the bal- can address this issue at a later time The courts would have no enforce- anced budget constitutional amend- with a statute,’’ we cannot rely on that ment role—that includes, of course, the ment is enacted, there is nothing to because such a statute may very well right to protect a citizen who is acting prevent a President from using the ex- be unconstitutional. under the Constitution in conformance cuse to balance the budget to unilater- So, if we are serious about ultimately with his constitutional rights and, ally deny funds for education or even preserving Congress’ authority to therefore, would be denied the protec- close the Department. make judgments regarding resource al- tion of the court. Could such a situa- The balanced budget constitutional location, we ought to accept this tion arise? Yes. amendment unnecessarily places a amendment. The Kennedy amendment allows Con- huge question mark in the Constitu- If there is another intention, then it gress unconstitutionally to raise taxes tion. The deficit is going down, the will be rejected. But the American peo- by use of a voice vote and no court can economy is improving, President Clin- ple ought to understand the vast en- hold the tax unconstitutional. The bal- ton has put us on the road to a bal- hancement of authority and responsi- anced budget amendment requires rais- anced budget by the year 2002. We don’t bility that we are giving to the Presi- ing taxes by rollcall vote. That, of need these serious enforcement prob- dent of the United States and to the course, means that we all have to cast lems under the balanced budget amend- courts of this country. They ought to our vote when our name is called. It is ment, and I urge my colleagues to understand that the President and a written record, that each one go on avoid them by supporting this amend- unelected judges will be making judg- record. And that is for a reason, of ment. ments about the budget and taxes, not course. But if the Congress were to Mr. President, as I mentioned just a Congress. raise taxes by a voice vote, in violation moment ago, the last time we debated That, I think, is an issue that should of that constitutional amendment, citi- this amendment it was the judgment of not be left to general statements or zens would be in a quandary of whether this body to accept the Nunn-Conrad comments on the floor of the U.S. Sen- or not they could raise the question of amendment, which would have pro- ate. In the past, this body has been the unconstitutionality of the imposi- vided a limitation on Federal court en- willing to define those powers, and we tion of a tax in defense when they are forcement. Similarly, the Congress be- should not abdicate that responsibility prosecuted for failure to pay the tax. fore that accepted a Danforth amend- today. I urge my colleagues to accept The Nunn amendment did not have ment that was related to the authority this amendment. this draconian effect. Under the Nunn of the judiciary. On both of those occa- Mr. President, I reserve the balance amendment, any taxpayer could raise sions, it was the judgment of the U.S. of my time. as a defense the argument that the Senate that this was a real issue, with Mr. KYL addressed the Chair. Congress passed an unconstitutional the real potential of resulting in the The PRESIDING OFFICER. The tax. The Kennedy amendment fore- kinds of situations that I have outlined Chair recognizes the Senator from Ari- closes that debate by precluding court briefly this afternoon. zona. action by providing that the exclusive

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1710 CONGRESSIONAL RECORD — SENATE February 27, 1997 enforcement is by the Congress. So ability and, in my opinion, our respon- will not be given the responsibility for Senator KENNEDY’s amendment would sibility to make the tough choices and actions which are intended to and have allow the Government effectively to lays them at the foot of the judiciary. historically been reserved for elected imprison taxpayers for refusing to pay We should make it clear that unelected officials in both the executive and leg- an unconstitutional tax. judges will not assume the role which islative branches. In the context of this Of course, that is an unintended con- is better left to those who are elected amendment, that assumption simply sequence of the Kennedy amendment, by the voters. cannot be made. but it is a consequence. And it is one of In raising my concern with the po- If the balanced budget amendment is the reasons why we should not adopt tential role of the judiciary enforcing added to this Nation’s charter, without the Kennedy amendment. the balanced budget amendment, I clarifying and limiting the role of the One of the reasons why it is so hard want to make it clear that I do not do courts and establishing fiscal priorities to amend the Constitution is that we so out of disrespect or disregard for the for our Nation, it will constitute noth- want to be absolutely certain that ev- courts and their very significant role ing less than a radical restructuring of erything we have done will withstand in our democracy. Nor do I rise to en- our democratic system of government. the scrutiny of time and the Constitu- gage in the kind of assault on the in- In fact, the history of this amendment tion. That is why we have a lot of hear- tegrity of the judiciary that has be- illustrates the significance of this ings and debates, and perhaps one of come all too commonplace in recent issue. the reasons why an amendment which years when a contrary decision mani- On two previous occasions, in 1994 and 1995, the text of the balanced budg- comes to the floor for the first time for fests itself into a full-scale assault on et amendment was modified in respect debate has not had the kind of hearings the judicial system of our Nation. Mr. President, our system of justice to the role of the courts: Once to limit that would illustrate the problems is by no means foolproof. Nor does it involvement to declaratory judgments with the amendment. That is an impor- always reach popular results. It is, and, most recently, to allow imple- tant part of our process here. however, the best system that has been menting legislation to define the role The Nunn amendment went through devised throughout history. And this is of the courts. Yet, despite these facts, that process. It was thoroughly de- due in large measure to its independ- proponents of this amendment, the one bated and was approved. The Kennedy ence, to the independence of the judici- we are to vote on next week, now argue amendment, by making a very slight ary. The Federal judges are granted life that the best approach to this signifi- change in the Nunn amendment, raises tenure so that they may be free to in- cant threshold issue is simply silence. a very serious constitutional question, terpret the law without fear of retribu- They are not open to the kinds of and it is one of the reasons why I would tion during the next election cycle. changes that were added in the last not be able to vote for the Kennedy The independence of the judiciary is as two attempts to pass this amendment amendment. important to our democracy as any to our Constitution. I reserve the balance of my time, Mr. other element, and I do not rise to The committee report states that it President. question that independence or to casti- is the belief of the proponents that: Mr. FEINGOLD addressed the Chair. gate members of the judiciary. Rather, S.J. Res. 1 strikes the right balance in The PRESIDING OFFICER. Who I rise because the failure to address the terms of judicial review. By remaining silent yields time? role of the courts in this amendment about judicial review in the amendment Mr. KENNEDY. I yield such time as itself, its authors have refused to establish strikes at the very heart of our system the Senator might use. congressional sanction for the Federal courts of government. Our system of checks The PRESIDING OFFICER. The Sen- to involve themselves in fundamental macro- and balances between our three ator from Wisconsin. economic and budgetary questions, while not branches has prevented any one branch undermining their equally fundamental obli- Mr. FEINGOLD. Thank you, Mr. from becoming too powerful. gation to ‘‘say what the law is . . .’’ President. This body, the legislative branch, the I rise today in support of the amend- Thus, Mr. President, it seems under a branch closest to the people, was given veil of silence the proponents are sim- ment by my colleague, the senior Sen- the responsibility of making the laws ply choosing not to address this issue. ator from Massachusetts. I do so be- and controlling the purse. The execu- I also note that I do not believe that cause it speaks directly to one of the tive is charged with the primary re- the courts of this Nation have histori- most significant, yet still unanswered sponsibility for execution of the laws cally waited for congressional sanction questions about this proposed amend- and the judiciary with interpretation before addressing issues raised by the ment to the U.S. Constitution. The and enforcement of them. U.S. Constitution. In short, the com- issue I want to speak about today goes The premise that the courts shall in- mittee report seems to be saying that to the very heart and structure of our terpret and enforce the laws has been a Congress will not explicitly give the democratic system of Government, fundamental notion throughout our courts their approval to do something that being the role the courts will play constitutional history. Although noted which, in fact, the courts may already if this amendment is adopted. in the accompanying views of both the do on their own—interpret and enforce As has often been the case during proponents and opponents in the report the Constitution. To me, Mr. Presi- this debate on the issue of judicial en- on this amendment, the words of Chief dent, this approach is the kind of clas- forcement, we have rarely moved the Justice John Marshall, in Marbury sic sidestepping of critical issues which dialog beyond generalities and versus Madison, are worth reiteration has plagued this debate and that fos- hypotheticals to resolve with any final- here. ters public cynicism for this body and ity what role if any the courts will It is, emphatically, the province and duty elected officials in general. play if the balanced budget amendment of the judicial department, to say what the In response to this concern, one can becomes a part of our Constitution. law is. anticipate that proponents will argue Unless the proposed amendment is Mr. President, there could be little that we should set aside such issues modified to make clear that the judici- doubt that the courts of this Nation and just address them within imple- ary shall not assume the responsibil- play a significant and vital role in our menting legislation. This has been ities of managing the financial obliga- democracy. As was pointed out by my standard throughout the debate—much tion and priorities of this Nation, it colleague in the Senate Committee on as the balanced budget amendment al- could well turn over to the courts deci- the Judiciary, Senator TORRICELLI, the lows us to forestall the tough votes sionmaking authority on issues such as difference between our Constitution needed to balance the budget, the dis- tax rates and spending priorities, deci- and those of other countries is not nec- tant promise of implementing legisla- sions which I think we all agree should essarily in the rights that it assures, tion allows us to forestall answering remain within the purview of the Con- but that they will be enforced by an the tough questions about this progress and the executive branch. independent judiciary. It is this struc- posed amendment to the U.S. Constitu- As the President has said, all it takes ture which has served us so well for so tion. to balance the budget is our votes and long. Mr. President, if we are going to ask his signature. Yet, this amendment po- However, that structure is also based the American people to amend the Con- tentially wrests from Congress our upon the assumption that the courts stitution in a manner as unprecedented

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1711 as this amendment, I believe they have tections embodied in our Constitution. In response, the proponents argue a right to know exactly what the As Alan B. Morrison of Public Citizen that the balanced budget amendment amendment will mean to them. They testified before the Committee on the strikes the proper response by remain- should have a chance to know that Judiciary: ing silent. We can continue to have hy- now, not after it has already been Does anyone believe that the First, pothetical debates ad infinitum, and we locked into the Constitution in a way Fourth, Fifth, Tenth or Fourteenth Amend- will never resolve, until the courts that we cannot easily undo. ments, to mention a few, would be respected themselves do so, what will happen The hollow promise that all of these by our governments if the Federal Judiciary when these lawsuits are filed. Until were not there to back up the words with issues may be resolved at some unspec- court orders? such time, this is all speculation, specified point in the distant future should The notion that the role of the courts ulation which provides an insufficient not be the basis on which we choose to would be limited because the amend- foundation in my view on which to amend the U.S. Constitution. It is ment will not spawn litigation is sim- amend the Constitution of the United more than a bit ironic that many of ply unfounded. Constitutional scholars, States. the same Members of this Congress from Robert Bork to Kathleen Sullivan Failure to address the issue in the who support the balanced budget have agreed that this amendment will context of this amendment will result amendment on the ground that Con- force the issue before the courts in in three unfortunate and unnecessary gress lacks the discipline and responsi- myriad lawsuits. Former Judge Bork results: First, unelected judges, poten- bility to balance the budget ourselves, argued that the potential for thousands tially both State and Federal, will be have little trouble asking the Amer- of cases, with inconsistent results, inserted into policymaking positions ican people to trust that same Con- would be before the courts. for which they have no experience. Sec- gress to somehow properly address the Thus, what the American people are ond, such a result will constitute a rad- myriad of uncertainties created by this faced with is this: An amendment ical and unwise transformation of re- amendment through implementing leg- which is intentionally silent on the sponsibility of three branches of our islation. role of the courts, the looming specter democratic Government. Third, this Mr. President, if the 105th Congress of thousands of lawsuits, and a Judici- shift in power could do incalculable is intent on adding a balanced budget ary which has historically, and in my damage to our system of justice itself. amendment to the U.S. Constitution, opinion properly, played a primary role Not only would the practical, policy then we better do it correctly. We in resolving constitutional conflicts. driven demands burden the courts, but should know what it means and we Given these factors, is there any ques- the potential backlash for unpopular should address situations like judicial tion that in the absence of an express judiciary decisions would threaten to review now, not later. limitation the courts will become undermine the effectiveness of the Furthermore, by placing the intent hopelessly immersed in the budgetary courts and risk the independence of of the Congress into the amendment, decisions which should be left up to that important branch. the potential result of the Presidential Congress? One can only assume that a court When faced with such a scenario, pro- veto of implementing legislation is forced to make a tough if constitu- ponents argue that the issue of stand- avoided. There can be little doubt that tionally mandated budgetary decision ing will preclude court intervention, the debate over implementing legisla- would no doubt feel the sting not only tion will be a very protracted and dif- despite the fact that doing so suggests that the constitutional amendment is of angry public sentiment, but also ficult debate involving issues of separa- from Members of Congress, many of tion of powers and enforcement, among virtually inoperative because no one would be able to go into court and have whom engage in this type of rhetoric others. What if the President vetoes even now. Mr. President, we should implementing legislation and Congress it enforced. While some argue that only a handful of parties may have standing, make the tough choices, not the cannot muster the two-thirds nec- courts. essary to override? and still others argue for a more broad At this point, does anyone truly be- interpretation, no one can argue or be Finally, Mr. President, it is no secret lieve that the courts will simply sit sure who, in fact, will be heard by the that I oppose this amendment to the idly by and wait for Congress and the courts. Further, the arguments on both Constitution for a number of reasons, President to reach an accord on imple- sides of the issue must be viewed in the many of which I have had the chance menting legislation? They must, Mr. context of the amendment being added to speak about today, and also because President, have a duty to enforce con- to the Constitution. it is unnecessary to amend the Con- stitutional requirements and the fact For example, while the proponents stitution in order to balance the budg- argue that the amendment does not that Congress and the Executive can- et. Many have argued this amendment allow for Presidential impoundment, it not agree on legislation does not sim- will instill within the Congress the is conceivable that the President, ply and suddenly negate that duty. character necessary to balance the backed by the new amendment, could While section 6 of the balanced budget budget—I disagree. Character cannot argue he or she not only has the power be constitutionally mandated. It can amendment authorizes the Congress to to impound appropriated funds but also create implementing legislation, that only be revealed through accepting re- a constitutionally mandated obligation sponsibility and making the tough authority is not exclusive and does not to do so. If such action would occur, in- preclude court action. choices and doing it now. dividuals whose retirement checks are The amendment before this body po- Quite simply, Mr. President, as cur- withheld or Federal employees whose rently configured, this amendment tentially forestalls the enactment of salaries have been reduced by execu- the balanced budget well into the next does nothing to stop the courts from tive fiat would surely have standing to fulfilling their historic role of inter- century. In doing so, it amends our sue. What about a suit brought by fundamental charter, and it does so in preting and enforcing the Constitution Members of Congress challenging the a manner that creates more questions of this Nation. actions of the Executive? While the committee report seeks to Testimony received from Stuart than it resolves. This is not the way to silently advocate the position that the Gerson, former Acting Attorney Gen- balance the budget, nor, in my opinion, involvement of courts should be lim- eral and proponent of the notion that is it the way to maintain the integrity ited, many proponents of the amend- judicial intervention will be narrow, of our great Constitution. ment have argued for significant judi- who conceded some limited form of While we may disagree on the utility cial involvement. The U.S. Chamber of standing may exist and that judicial of amending the Constitution, I hope Commerce testified that there is in review is not fully foreclosed. What we can at least strike agreement on fact a legitimate and necessary role for about the potential for taxpayers the particular issue of judicial review. the courts in maintaining the integrity bringing lawsuits—potentially in the For the reasons I and others have out- of the balanced budget requirement. State courts? lined, it is the height of foolishness to This position is not ahistorical as the The simple and uncontroverted fact, leave something as important as this courts have historically played a le- Mr. President, is that we do not know unresolved. For many of my colleagues gitimate role in maintaining the pro- the answers to these questions. who call themselves conservatives and

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Furthermore, courts will not the terms. very simple, appropriate, and appealing grant standing to litigants who claim a Again, as we enter the final days of solution to what is a legitimate and po- generalized grievance similar to the this debate on the balanced budget tentially catastrophic problem. complaints of all citizens, such as the amendment, I think we need to step Mr. President, before yielding the raising of taxes, so as not to impose back on occasion from the very tech- floor back to the senior Senator from broad-based relief that interferes with nical arguments and some of the very Massachusetts, let me just say we congressional prerogatives. arcane amendments that have been should not leave important budgetary Federal courts simply do not have proposed generally by those who op- decisions in the uncertain hands of the authority to usurp Congress’ role of pose the underlying constitutional unelected judges. We should make the budgetary process. This is made amendment and look at the reason we them ourselves. We can ensure this re- clear by the time-honored precept of have come to this impasse, this situa- sult by clarifying the role of the courts standing and the political question in tion. If, in fact, there are questions in this amendment. separation-of-powers doctrines. These that cannot be answered about all of I urge my colleagues to support the jurisprudential doctrines, together, the consequences of a balanced budget Kennedy amendment, and I yield the stand as impenetrable barriers to the amendment, and the one that is before floor. courts’ commandeering of the demo- this Senate, I believe, when you weigh Mr. HUTCHINSON addressed the cratic process. those unanswered questions with the Chair. Additionally, I wish to respond to the very clear evidence and the very clear The PRESIDING OFFICER. The Sen- impoundment argument. I want to em- and present danger to the future, the ator from Arkansas. phasize that there is nothing in the economic future, of the Republic that Mr. HUTCHINSON. Mr. President, I balanced budget amendment that al- exists with massive debt and chronic yield myself such time as I may con- lows for impoundment. It is not the in- deficits, that it is time we take what- sume. tent of the amendment to grant the ever risk—and I think that risk would I will respond briefly to my good President any impoundment authority. be minor—there might be in the pas- friend, the Senator from Wisconsin, re- In fact, there is a ripeness problem to sage of that constitutional amendment garding the political will and courage any attempted impoundment. Indeed, and submitting that to the States for for the Senate, House—the Congress— up to the end of the fiscal year, the ratification. We have a $5.3 trillion na- to simply balance the budget. We heard President has nothing to impound be- tional debt. We have heard the figures that in the State of the Union Address: cause Congress, in the amendment, has over and over—$20,000 per every man, ‘‘Pass a balanced budget and the Presi- the power to ameliorate any budget woman, and child in America. The av- dent will sign it.’’ We have heard that shortfalls or ratify or specify the erage child reared today, if he or she referred to repeatedly from the other amount of deficit spending that may lives an average lifespan, makes an av- side of the aisle. I stand next to 28 occur in that fiscal year. Moreover, erage income, will spend over $200,000 years of budget books, over 50 volumes under section 6 of the amendment, Con- of their income in Federal income that I think bears mute evidence to the gress must—and I emphasize must— taxes to pay their portion of the inter- lack of political will and courage in mandate exactly what type of enforce- est on this ever-growing national debt. Congress and the evidence that we sim- ment mechanism it wants, whether it Let us view this massive debt in an- ply won’t do it without constitutional other way. In 1960, after the first 140 discipline. be sequestration, rescission, or the establishment of a contingency fund. The years of the Republic, John D. Rocke- In 1986, my brother, who now serves feller, who at that time was the President, as Chief Executive, is in the House of Representatives, was wealthiest man in America, could have dutybound to enforce a congressionally running for this body, the U.S. Senate. singlehandedly paid off the national crafted scheme to the exclusion of im- The balanced budget amendment the debt. In 1997, if we combine the wealth poundment. The position that section 6 previous year had been defeated in this of our richest families—say, Bill Gates, implementing legislation would pre- body by one vote. So that was a very Warren Buffet, or from my home State, clude Presidential impoundment was big political issue in the campaign that the Walton family—and we combine all seconded by Attorney General Barr in year. Over and over again it was said, of their net worth, all of their family 1995. ‘‘We don’t need the balanced budget wealth, they, together, could not even Finally, let me address the rock and amendment. We simply need the cour- pay the interest on this massive debt a hard place argument that opponents age to do it.’’ So now, 11 years later, for a few short months. Such is the dif- of the balanced budget always dredge with over $1 trillion in additional debt, ference, and such is the massiveness of up. That is, they contend, on the one we hear those same recycled arguments the debt that we have accumulated and hand, that there may be too much en- brought before the U.S. Senate again. that we are imparting to generations forcement because of the courts, while, I want to comment a bit on the con- in the future. tention that the balanced budget on the other hand, that the balanced Viewed from another perspective, if amendment is both unenforceable and budget amendment is unenforceable be- you laid out the debt in silver dollars, that the courts will impermissibly cause no one can force the President one right after another, it would be 120 interfere with the budget process, or and Congress to abide by the amend- million miles long. The word ‘‘trillion’’ that a President may simply just im- ment’s terms. Well, you can’t have it becomes meaningless, I think, to the pound things to resolve a budget short- both ways. The truth is that the Presi- average American, as we hear millions, fall. I agree with Senator HATCH’s long- dent and Congress must abide by their billions and trillions. But the national held position that a balanced budget oath of office to preserve, protect, and debt—$5.3 trillion—in silver dollars amendment to the Constitution ought defend the Constitution. I seriously would be 120 million miles long. That is to be silent as to judicial review. The doubt that the basic terms of any con- from the Earth to the Sun and well belong-existing and well-recognized pre- stitutional provision will be flouted. yond—millions of miles beyond. cepts of the standing separation of Also, each branch will keep a close eye If you could wrap it around the Earth powers, as well as the political ques- on the other, and the reality of polit- you would wrap it around the Earth tion doctrine, restrains courts from ical pressure and the electoral wrath of 5,000 times. Adam Smith in ‘‘Wealth of interfering with the budgetary process. the American people will assure com- Nations,’’ published in the very year After all, courts are loathe to intrude pliance. Remember, the budget must be we became a Republic, said, ‘‘What is into areas that properly belong to in balance at the end of the fiscal year, prudence in the conduct of a private other branches of Government. And the and I expect that a budget agreement family can scarcely be followed in that Constitution, in article I, solely dele- will be worked out well before that of a great kingdom.’’ gates to Congress, not the courts, the time. Instead, the contention against I have heard opponents of the bal- power to raise taxes, borrow money, the balanced budget amendment actu- anced budget amendment say, ‘‘Well, and increase or reduce spending pro- ally argues in favor of a balanced budg- families go into debt. Families rou- grams. et amendment. It is clear that, without tinely go into debt. Therefore, deficit

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1713 spending on the part of the National The statutory solutions that Congress Mr. KENNEDY. I yield 12 minutes to Government should not be anything have proposed simply have failed over the Senator from Illinois. that we should greatly worry about or and over and over again. They have The PRESIDING OFFICER. The Sen- be greatly concerned about.’’ Yes. failed from the Gramm-Rudman-Hol- ator from Illinois is recognized for 12 Families go into debt. They have a lings Act, and on and on. We found a minutes. home mortgage. They have car loans. way to circumvent or undermine and Mr. DURBIN. I thank the Chair. They have the college loan. But if they some way to continue our spending (The remarks of Mr. DURBIN and Mr. are to survive as a family economically habit. And our opponents say, ‘‘Well, KENNEDY pertaining to the introduc- the deficits must never be chronic. we are treating the Constitution as if tion of legislation are located in to- They should always be short-termed. it were a rough draft; that we have a day’s RECORD under ‘‘Statements on In- They should always be temporary. The raft full of amendments, a pocketful of troduced Bills and Joint Resolutions.’’) debt must be manageable. There must constitutional changes.’’ Wrong. Our Mr. DURBIN. Mr. President, at this be a schedule to pay it off and pay it Founding Fathers I believe knew very, point I would like to address the down, all of which contrasts vividly very well that changing circumstances amendment offered by Senator KEN- with the practice of this Congress over in the life of our Nation would make it NEDY to the balanced budget amend- the last 60 years. For in the last 60 necessary to have a process for change ment. years we have not paid down one dime and, therefore, they included an I would like for those who are listen- on the growing national debt. No fam- amendment process that is both delib- ing to this debate to consider a possible ily could survive the habitual mis- erate and very, very difficult, as we are and likely scenario at some point in management that has characterized learning once again this year. But our our Nation’s future. Let us assume the Congress for the past 28 years. Founding Fathers never envisioned balanced budget amendment to the Opponents say, ‘‘We don’t need an that there would be a Congress, or a se- Constitution passes and is ratified by amendment. We have the ability to ries of Congresses that would go 28 the States and takes effect. In 1 year balance the budget.’’ I say that we years without balancing its budget. we find that the budget for the coming don’t have the ability. We have the au- Our Founding Fathers never envisioned year is out of balance. A group of 48 thority but we obviously don’t have that we would amass more than $5 tril- Senators proposes an across-the-board the ability, as these 28 years of budget lion in public debt. But they left us a cut to balance the budget. Another books testify. procedure whereby we can address even group of 41 Senators favors deeper cuts In 1963 the amount of the debt held that kind of calamitous situation, a in military spending to spare education by the public was $254 billion. In 1996, it procedure of amending the Constitu- and safety net programs. And then a was $3.87 trillion, 15 times greater than tion. group of 11 Senators comes forward and This isn’t frivolous. This isn’t like in 1963. But since 1963 the promises opposes those plans and says let us what we are about in attempting to have not changed. Let me just give you have significant cuts in the growth of amend the Constitution. It is as our a sample. Medicare. None of the groups will President Kennedy in the State of Founding Fathers intended, a delib- budge. The fiscal year begins with a the Union Address in 1963 said, ‘‘My erate process by which we can address budget that is clearly out of balance. program is the surest and soundest way those circumstances that would threat- The group of 11 Senators goes to court of achieving in time a balanced budg- en the very future of the Nation. And asking the courts to compel compli- et.’’ this massive debt does threaten. ance with the balanced budget con- Or, the budget message of 1964 from How much does the debt and the stitutional amendment requirements President Johnson, ‘‘My budget cuts growth of the debt and the chronic that outlays not exceed revenues for the deficit in half and carries us a deficits affect the average American? any fiscal year. giant step toward the achievement of a We have heard much talk about declin- balanced budget.’’ ing interest rates and how that will One day you turn on the television, Or, President Nixon in 1971 in his benefit the average American family. and you find the Supreme Court has State of the Union Address, ‘‘I shall How things have changed. My mom and listened to the briefs, has ordered So- recommend a balanced budget.’’ dad had only high school educations. cial Security, Medicare, highway fund- Or, President Ford in 1976, ‘‘The com- They raised a family of six children. ing, and medical research funding to be bination of tax and spending changes I My father worked in a chicken plant, cut, and the Court has ordered an in- propose will set us on a course that not and my mother stayed at home. She come tax increase of 1 percentage point only will lead us to a balanced budget didn’t even go out and get a job. We for every group. The Court says the in 3 years but also improves the pros- lived in a nice home, a brick home. I Constitution, as amended by the bal- pects for the economy to stay on a thought we were poor. But we thought anced budget amendment, clearly re- we were middle class. But all in all, we growth path that we can sustain.’’ quires a balanced budget, and since Or, President Carter in his message had a great quality of life. And I won- Congress cannot act, the Court is re- der how many times that could happen to Congress accompanying the Eco- quired to step in. today? How many times today could nomic Report of 1977, ‘‘We have moved If this sounds farfetched, think of you have parents without a college on the path necessary for achieving a what has happened in our history in education with one spouse working and balanced budget in the very near fu- the last several decades where courts one spouse at home, and providing ture.’’ have said that Congress has failed to their children a college education? I meet its constitutional obligation and Or, President Bush in 1992 in a speech say that, even as we look at the aver- to the Detroit Economic Club, ‘‘I will that the courts will step in and order, age middle-class family today, we see for example, integration of school dis- fight to reduce spending and spur the erosion of our standard of living. growth so we can get this budget in tricts and the imposition of local prop- And part of that is because the wealth erty taxes to equalize educational op- balance.’’ of this Nation is consumed more and And, President Clinton’s address to portunity which the courts have de- more by the massive spending of the cided is not being offered and should the Nation in 1995, ‘‘I present the Federal Government and the absorp- be. American people a plan for a balanced tion of that wealth by paying interest The President, in my hypothetical, Federal budget.’’ on an evergrowing national debt. In fact, it is not balanced. Three- I yield the floor. responds to this court order and says, I fourths of the cuts, savings, and spend- The PRESIDING OFFICER. Who disagree with the Court requirement. I ing occur after this President will yields time? will assume the responsibility to bal- leave office. And the Congressional Mr. KENNEDY. Mr. President, how ance the budget. The President says, I Budget Office tells us that even with much time remains? will impound funds. I will cut spending all of that it is still very much out of The PRESIDING OFFICER. The Sen- on certain programs so that the budget balance. ator from Massachusetts has 26 min- is in balance. But the opponents continue to mock utes remaining, the Senator from Ar- If this sounds farfetched, I think the idea of amending the Constitution. kansas has 40 minutes remaining. those who have offered the amendment

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1714 CONGRESSIONAL RECORD — SENATE February 27, 1997 have not considered the very real like- likely to occur, and without Senator ment, it ought to be the Congress who lihood that it could occur. Our Con- KENNEDY’s amendment it will occur. enforces it, not the President of the stitution now gives Congress the pri- The President’s powers of impound- United States or the courts. They mary authority to raise and spend Fed- ment could include across-the-board should not have the ability to raise or eral funds. James Madison wrote in cuts, specific programs abolished, and lower taxes or to cut various kinds of ‘‘The Federalist Papers,’’ No. 48. targeted expenditures intended for programs. That is what this issue is all The legislative department alone has ac- States or other agencies could be im- about. That is why, as the Senator cess to the pockets of the people. pounded. This has been acknowledged from Illinois has pointed out, it was ad- This proposed amendment would dra- by those who have worked on budg- dressed by Republicans and Democrats matically alter the balance of power in etary matters in Washington for many previously. the Constitution, and this amendment years. All we are saying is we are not pre- is silent on the issue about whether or The Kennedy amendment acknowl- pared to make that judgment here this not the courts can interpret and en- edges the fundamental ambiguities in- afternoon. But we are presenting an force the balanced budget amendment. herent in the balanced budget amend- amendment which will permit the Con- I daresay neither the courts nor the ment’s silence regarding enforcement gress to make a judgment as to what President will stand idly by if the powers of the courts and Presidents. It those powers would be down the road, budget is not in balance and this con- recognizes that budgetary decisions in the future. It is amazing to me to stitutional amendment is in place. In should be made by the elected rep- hear resistance to that argument. The idea that this is really a moot fact, most of the supporters of the bal- resentatives of the people, not by the issue and moot question just defies tes- anced budget amendment readily con- unelected judges or single executive. It timony by those who are both sup- cede this scenario. avoids a fundamental shift in the allo- A representative of the U.S. Chamber cation of power and authority among portive of the balanced budget amend- of Commerce testified before my Judi- the Federal branches of Government ment and those who are against the ciary Committee. He said: and assures that Members of Congress amendment. One of the most compelling cases was made by one of our lead- There is a legitimate and necessary role will remain responsible for spending for the courts in ensuring compliance with and for balancing the budget. It ing constitutional authorities, Kath- the amendment. achieves these important goals by leen Sullivan, and supported by a broad range of different constitutional schol- Someone from the National Tax- specifying that Congress shall have ex- ars, both conservative and Democrat payers Union said: clusive authority to enforce the balanced budget amendment unless spe- alike. I will refer to some parts of the We oppose denying judicial review author- letter. I will include the whole letter in ity and believe it would be more difficult to cifically otherwise provided in imple- enforce the provisions of this resolution if menting legislation. the RECORD. Congress were to add such language to the I am new to the Senate. This is the First, taxpayers might claim that their balanced budget amendment. first time I have been engaged in this rights to a balanced budget are violated, for The same basic testimony coming example, by projections that outlays will ex- debate in the Senate. I find it incred- ceed receipts. True, taxpayers are generally from the ultraconservative Family Re- ible that the wisdom of this amend- barred from suing the government for the research Counsel. ment was recognized in 1994, when of- dress of generalized grievances. But the Su- It is not an unusual proposal of the fered by a Republican Senator from preme Court a quarter of a century ago held Senator from Massachusetts that we Missouri, and in 1995, when offered by a that there is an exception to the general bar specify the limits of power in inter- Democratic Senator from Georgia, and on taxpayer standing when the taxpayer preting the constitutional amendment is not being included today as part of claims that a government action ‘‘exceeds and enforcing it. In fact, in 1994, Sen- this amendment. The Senate today has specific constitutional limitations imposed ator Danforth, a Republican, of Mis- upon the exercise of the congressional taxing an opportunity, through Senator KEN- and spending power.’’ souri, successfully modified the same NEDY’s initiative, to make a real dif- Mr. Barr suggests that this exception may amendment in the Chamber today in- ference and to correct this error, to be limited to Establishment Clause chal- cluding a proposal very similar to Sen- make certain that it is clear we are not lenges, but there is nothing in the principle ator KENNEDY’s. In 1995, the following ceding a grant of power to either the stated in Flast that so confines it. If any- year, Senator Nunn, a Democrat of executive branch or the judicial thing, the proposed Balanced Budget Amend- Georgia, did the same. But the current branch; we are accepting our responsi- ment more clearly limits congressional tax- version of this amendment contains ing and spending power than does the Estab- bility to spell out with specificity the lishment Clause. neither of those provisions. I stand in responsibility of Congress, the Senate support of Senator KENNEDY’s effort to and the House to balance the budget. * * * * * once again include this sensible lan- Second, members of Congress might well At this point, I yield back the re- have standing to claim that congressional guage. mainder of my time. I thank the Chair. actions have diluted the vote they were enti- The constitutional amendment elimi- The PRESIDING OFFICER. Who tled to exercise under the Amendment. For nates the fundamental distinction yields time? example, suppose that the Congress declined which exists between the legislative Mr. KENNEDY. How much time do I to hold a three-fifths vote required to ap- branch, the executive branch and judi- have? prove deficit spending under section 1, or a cial branch. It invites unelected judges The PRESIDING OFFICER. The Sen- rollcall vote required to increase revenue to exercise budgetary powers with no ator from Massachusetts has 14 min- under section 4. This might occur, for exam- opportunity for the people through the utes remaining. ple, because of a dispute over whether outlays really exceeded receipts, or over wheth- ballot box to affect those decisions. Mr. KENNEDY. I yield myself 7 min- er revenue was really being increased, be- The President, of course, as I said, utes, Mr. President. cause the meaning of those terms might be will not stand idly by either. He has a Mr. KENNEDY. Mr. President, as controversial as a matter of fact. Declining constitutional responsibility to pre- pointed out by the Senators from Illi- to implement the supermajority voting reserve, protect, and defend the Constitu- nois and Wisconsin, those who are op- quirements in such a context, however, tion. Just as the courts are loathe to posing the amendment on the floor might be plausibly claimed to have diluted a avoid their constitutional mandate, today and those who have opposed ad- Member’s vote. This is arguably analagous mark well my words: No President will dressing this issue in the Judiciary to other circumstances of vote dilution in avoid it either. If this Congress is grid- Committee agree with what the prin- which the lower courts have held that Mem- bers of Congress have standing. locked, at an impasse with the budget cipal sponsor, Senator HATCH, has Third, persons aggrieved by actions taken not in balance, a President will step in said—he wants silence on this issue— by the government in claimed violation of and the President will make his deci- silence on the issue. the Amendment might well have standing to sion as to where the cuts will be made. We have a great deal at risk by not challenge the violation. And that decision may not be the will accepting this amendment. So why not And it gives further examples of it. of the Congress. accept it. The amendment is quite Mr. President, I ask unanimous con- Legal scholars agree that what I have clear in its objective—if we are going sent the entire letter be printed in the just described is not farfetched but to be required to enforce the amend- RECORD.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1715 There being no objection, the letter the Amendment might well have standing to even if that is so, courts could issue a host of was ordered to be printed in the challenge the violation. For example, con- other kinds of injunctions to enforce against RECORD, as follows: sider a criminal defendant charged under a conceivable violations of the proposed Bal- law claimed to cost more to enforce than the anced Budget Amendment. For example, a STANFORD LAW SCHOOL, government can finance through expected re- court could restrain expenditures or order Stanford, CA, February 15, 1995. ceipts. Or suppose that the President, believ- them stayed pending correction of proce- Senator EDWARD M. KENNEDY, ing himself bound by his Oath to support the dural defaults, or a court could enjoin Con- U.S. Senate, Constitution, freezes federal wages and sala- gress simply to put the budget into balance Washington, DC. ries to stop the budget from going out of bal- while leaving to Congress the policy choices Re: Proposed Balanced Budget Amendment. ance. In that circumstance, a federal em- over the means by which to reach that end. DEAR SENATOR KENNEDY: I have reviewed ployee might well challenge the President’s Thus there is little reason to expect that the statement of William P. Barr before the action, which plainly causes her pocketbook prudential considerations will keep enforce- Senate Committee on the Judiciary on Janu- injury, as unauthorized by the Amendment, ment lawsuits out of court, or keep judicial ary 5, 1995, in which former Attorney General which is silent on the question of executive remedies from intruding into political Barr argued that ‘‘the courts’ role in enforc- enforcement. choices. ing the Balanced Budget Amendment will be Each of these circumstances poses plau- In sum, the draft Balanced Budget Amend- quite limited.’’ While I have great respect for sible claims of injury in fact, and none of ment in its present form has considerable po- Mr. Barr, and while I found his testimony to them poses insurmountable problems of tential to generate justiciable lawsuits, be considered and thoughtful, I must respect- redressability. In most of them, in fact, sim- which in turn would have considerable po- fully state that I disagree with him. I con- ple injunctions can be imagined that would tential to generate judicial remedies that tinue to believe that, as I testified before the redress the plaintiffs’ claims. Thus, contrary would constrain political choices. Thank you Senate Appropriations Committee on Feb- to Mr. Barr’s prediction, the doctrine of for considering these remarks in the course ruary 16, 1994 the Balanced Budget Amend- standing is by no means certain to preclude of your current deliberations. ment in its current draft form is likely to federal judicial efforts at enforcement of the Sincerely, produce numerous lawsuits in the federal Amendment. And further, as Mr. Barr con- KATHLEEN M. SULLIVAN. and state courts, and that neither Article III cedes, federal standing doctrine will do noth- Mr. KENNEDY. Mr. President, this is justiciability doctrines nor practices of judi- ing to constrain litigation of the proposed cial deference will operate as automatic a very well-thought-out analysis about Amendment in state courts, which are not the role of standing. It is very clear. dams against that flood tide of litigation. bound by Article III requirements at all. Let me begin with the doctrines of Nor is the political question doctrine like- And, I believe, to cavalierly dismiss justiciability under Article III of the Con- ly to eliminate all such challenges from judi- the fact there would be standing for stitution. Mr. Barr argues that ‘‘few plain- cial review. True, the Supreme Court has challenge by outside forces does not tiffs would be able to establish the requisite held that a question is nonjusticiable when represent the vast majority of legal standing to invoke federal court review.’’ there is ‘‘a textually demonstrable constitu- This is by no means clear. There are at least opinion, both from those who support tional commitment of the issue to a coordi- the amendment and those who are op- three categories of litigants who might well nate political department; or a lack of judi- be able to establish standing to challenge posed to it. cially discoverable and manageable stand- Mr. President, I yield myself 4 more violations of the Amendment. ards for resolving it.’’ Baker v. Carr, 369 U.S. First, taxpayers might claim that their 186 (1962). But the proposed Amendment im- minutes. rights to a balanced budget are violated, for plicates neither of these kinds of limitation. Furthermore, the President is obli- example, by projections that outlays will ex- It does not reserve enforcement exclusively gated to faithfully execute the laws ceed receipts. True, taxpayers are generally to the discretion of the Congress, as, for ex- and defend the Constitution. That duty barred from suing the government for the re- ample, the Impeachment or Speech and De- is not limited to the enforcement of dress of generalized grievances. But the Su- bate Clauses may be read to do. And it pre- preme Court a quarter of a century ago held acts of Congress. It includes obliga- that there is an exception to the general bar sents no matters that lie beyond judicial tions derived from the Constitution. on taxpayer standing when the taxpayer competence. Rather, here, as with apportion- Thus, if the President believed the bal- claims that a government action ‘‘exceeds ment, the question whether deficit spending anced budget constitutional amend- specific constitutional limitations imposed or revenue increases ‘‘exceed whatever au- ment was about to be violated, he upon the exercise of the congressional taxing thority has been committed, [would] itself [be] a delicate exercise in constitutional in- would be duty bound to prevent the and spending power.’’ Flast v. Cohen, 392 U.S. violation. After all, what happens when 83 (1968). Mr. Barr suggests that this excep- terpretation,’’ and thus would fall well with- tion may be limited to Establishment Clause in the ordinary interpretive responsibility of it becomes clear that outlays will ex- challenges, but there is nothing in the prin- the courts. See Baker v. Carr, at 211. ceed receipts for the fiscal year and ciple stated in Flast that so confines it. If Let me turn now from doctrines of Congress has not specifically author- anything, the proposed Balanced Budget justiciability to practices of judicial def- ized the deficit? Many, including Sec- Amendment more clearly limits congres- erence. Mr. Barr argues that, as a prudential retary Rubin, former Reagan adminis- matter, ‘‘a reviewing court is likely to ac- sional taxing and spending power than does tration Solicitor General Charles the Establishment Clause. The Amendment cord the utmost deference to the choices made by Congress in carrying out its respon- Fried, former Attorney General Nick is not confined, as Mr. Barr suggests, merely Katzenbach, and Harvard Law School to the power of Congress to borrow. Thus sibilities under the Amendment,’’ especially taxpayers would have an entirely plausible in light of the enforcement clause in section Prof. Laurence Tribe, believe the Presi- argument for standing under existing law. 6. This is by no means clear. The Reconstruc- dent would be obligated to take the Second, members of Congress might well tion Congress expected that enforcement of dramatic step of impounding funds to have standing to claim that congressional the Thirteenth, Fourteenth and Fifteenth comply with the Constitution. As then- actions have diluted the vote they were enti- Amendments would be undertaken primarily Assistant Attorney General Walter by the Congress, and reflected that expecta- tled to exercise under the Amendment. For Dellinger suggested in 1995: If it ap- example, suppose that the Congress declined tion in the Enforcement Clauses specifically to hold a three-fifths vote required to ap- included in those Amendments. But we have pears the requirement for a balanced prove deficit spending under section 1, or a seen time and time again in our history that budget was about to be violated, he rollcall vote required to increase revenue judicial review has played a pivotal role in would advise the President not only under section 4. This might occur, for exam- the enforcement of those Amendments none- that he had the right but the obliga- ple, because of a dispute over whether out- theless. The proposed Amendment, as did tion to step in and prevent the viola- lays really exceeded receipts, or over wheth- those Amendments, gives Congress authority tion by impounding money before the er revenue was really being increased, be- to legislate, but it does not oust the courts, budget became imbalanced. cause the meaning of those terms might be who need not defer to Congress in these mat- Those are basically the facts. There controversial as a matter of fact. Declining ters. Courts rightly have not hesitated to in- to implement the supermajority voting re- tervene in civil rights cases, even though is every indication there would be quirements in such a context, however, those cases involved grave structural ques- standing, both by citizens and others might be plausibly claimed to have diluted a tions as well as questions of individual who wanted to challenge this; that the Member’s vote. This is arguably analogous rights. President would be required, after tak- to other circumstances of vote dilution in Finally, Mr. Barr argues that courts will, ing the oath of office, to uphold the which the lower courts have held that Mem- again as a matter of prudence and practice Constitution, to impound funds. I do bers of Congress have standing. See, e.g., rather than doctrine, ‘‘hesitate to impose not want to see the seizing of Social remedies that could embroil [them] in the Vander Jagt v. O’Neill, 699 F.2d 1166, 1168–71 Security checks by the Congress, duly (D.C. Cir. 1982), cert. denied, 464 U.S. 823 supervision of the budget process.’’ He is cor- (1983). rect to observe that a direct judicial order of elected, but at least we are accountable Third, persons aggrieved by actions taken a tax levy such as that in Missouri v. Jenkins, to people. But to say we are going to by the government in claimed violation of 495 U.S. 33 (1990), is highly exceptional. But leave that to the courts or to the 50

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1716 CONGRESSIONAL RECORD — SENATE February 27, 1997 courts—50 courts, as was talked about on courts, as this amendment by Sen- rejected. While we carry on this some- previously by the Senator from Ari- ator KENNEDY would. Including this what detailed debate, during this hour zona—we are going to give that to the amendment in the balanced budget in which I have been on the floor of the President of the United States, or to amendment might establish, I believe U.S. Senate, the national debt will in- the courts—I find enormously trouble- would establish, a troublesome prece- crease another $29 million. some. dent that courts might use to get in- It is time, it is far past time, as these But, no, no, those who oppose this volved in other areas of the Constitu- 28 years of budget books bear testi- amendment say the amendment is tion that do not have such limitations. mony, for this Senate to pass a bal- going to be silent on this issue. I don’t I believe that these amendments, one anced budget amendment, send it to think it should be silent. I think the after another, are being proposed by the States for quick ratification and to ultimate decision, in terms of budget those who would, of course, like to see begin to put ourselves under the same cutting, should ultimately rest here, a balanced budget amendment de- discipline that most of our States exist specifically in the Congress of the feated. This is another scare tactic under and that every family in this United States unless we are going to that is being thrown at the American country exists under: A requirement make a judgment that the courts people. that we live within our means. should have some kind of a responsi- We see that in the issue of impound- Mr. President, I yield the floor. Mr. CRAIG. Mr. President, the Ken- bility. That is all this amendment ment that Senator KENNEDY referred nedy amendment points to a problem to. President Clinton recently said, does. that doesn’t exist and then solves it It comes back to who is going to im- ‘‘The way I read the amendment, it with a loophole. plement this. I do not believe we would almost certainly require, after Why are we debating the balanced should grant that authority to judges the budget is passed, if the economic budget amendment in the first place? who are not accountable to the Amer- estimates turn out to be wrong, the ex- Because past Congresses have built up ican people, or to a President of the ecutive branch, the President, the a national debt of more than $5.3 tril- United States who may impound funds, Treasury Department to impound So- lion, in an abuse of their power of the but it should rest here in the Congress cial Security checks or turn it over to purse. of the United States. That is all this courts to decide what is to be done.’’ So what does the Kennedy amend- amendment does. Those who support it That, to my colleagues I say, is a bla- ment prescribe? It says, let’s put the say we ought to be silent. We say, as tant scare tactic to try to defeat a fox in charge of the henhouse. It says other Congresses have said, that we much-needed amendment to the Con- Congress doesn’t have to comply with ought to be able to make a conscious stitution. this amendment unless it wants to. It decision about the enforcement of this If Senator KENNEDY’s amendment on says, if Congress says it is complying amendment. I do not want unelected impoundment is addressed as he indi- with this amendment, then no one else judges and the President making that cated, then it is, again, unnecessary. can question that. decision. I believe Congress should. First, the President has, at most, only I do believe Members of Congress I retain the remainder of my time. limited authority to impound funds. take their constitutional responsibil- The PRESIDING OFFICER. The Sen- The Supreme Court held that in the ities seriously. I do believe that most ator from Arkansas. case involving President Nixon. Members really would prefer balanced Mr. HUTCHINSON. Mr. President, I Since the balanced budget amend- budgets to running up another $5 tril- yield myself such time as I might con- ment does not even mention the im- lion in debt. But I don’t believe that sume. poundment authority of the President, every particle of every possibility of The PRESIDING OFFICER. The Sen- there is very, very little support for independent review should be removed ator is recognized. the claim that the balanced budget from this amendment. Mr. HUTCHINSON. Mr. President, I amendment would give the President We will win the war against debt, the certainly agree—and Congress will, such abilities. war for our economic future the same should we pass this amendment, and Second, Congress has plenary en- way we won the cold war: Not by fight- the States ratify this, and this become forcement authority and, therefore, ing, but by being strong enough to a part of the Constitution—Congress can, through new legislation, prevent deter. We need to defeat the Kennedy will, at long last, fulfill its constitu- the President from impounding appro- amendment to keep the balanced budg- tional oath of office and we will en- priated funds. The Constitution does et amendment strong enough to deter force a balanced budget. Congress has not mention impoundment. The power future fiscal abuse. not done that. We have not done that of the President in this area is merely Senator HATCH has spoken eloquently because we lack a constitutional ham- implied by the President’s general Ex- about the legal precedents and judicial mer, a constitutional discipline requir- ecutive power. This is very important doctrines that demonstrate there will ing us to do so. because the Supreme Court has held not be a problem with judicial activism The courts will not be imposing that Congress has the authority to under Senate Joint Resolution 1. I will only touch on the broadest of those. taxes. The President will not be im- limit the President’s implied powers, In our Constitution today, we have pounding. But Congress will be doing so long as it does not prevent the something called separation of powers what will be, then, our constitutional President from discharging his specific among the three branches of govern- obligation in balancing the books. duties. ment. Senator KENNEDY’s amendment is di- Third, even in the absence of new leg- It already gives Congress exclusive rected to the issue of judicial review. I islation, the Line-Item Veto Act al- power of the purse, saying, ‘‘No Money believe it is in fact unnecessary. The ready regulates this area, thereby indi- shall be drawn from the Treasury, but relevant limitations on the powers of cating how the Congress has allocated in Consequence of Appropriations made the courts, which are found in the doc- power to the President. In that law, by Law.***’’ Only the Congress can trines such as ripeness, standing, and Congress established a specific proce- make law; only the Congress can decide political question, effectively prevent dure for the President to follow. By so how to spend money. Federal courts from raising Federal doing, Congress has occupied the field, It already gives Congress exclusive taxes or reallocating Federal budget to borrow a term from the law of Fed- power to tax. It says, ‘‘All bills to raise priorities, which are the purview of eral preemption, thereby precluding revenue shall originate in the House of Congress. Furthermore, as an addi- the President from exercising a general Representatives. * * *’’ tional safeguard pursuant to both arti- Executive power, like impoundment, in Only the Congress can tax, founded cle 3 of the Constitution and section 6 a different manner. upon the Revolutionary War principle of the balanced budget amendment, So, I say again, this amendment, of ‘‘No taxation without representa- Congress may limit the jurisdiction of though I have no doubt it is well in- tion.’’ courts and the remedies that courts tended and addresses what are per- It already gives Congress the power may provide. ceived to be legitimate concerns, is, in to limit the jurisdiction of the Federal No constitutional provision has ever fact, unnecessary, plays upon the fears courts, in article III of the Constitu- contained a jurisdictional limitation of the American people, and should be tion.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1717 It already gives Congress the power Finally, the Kennedy amendment are that are critical to maintaining the to limit, by law, what budgetary ac- would only feed public cynicism. security of the United States. tions the President can take, as it did When the Senate adopted a less The PRESIDING OFFICER. The time in the Impoundment Control and Budg- sweeping limitation on judicial review yielded to the Senator from North Da- et Act of 1976, as it did in Gramm-Rud- in the last Congress, the Nunn amend- kota has expired. man-Hollings, and as it did in the ment, I heard from Idahoans who felt Mr. KENNEDY. I yield another 45 Budget Enforcement Act of 1990. that that amendment had put the fox seconds. The balanced budget amendment in charge of the henhouse. Mr. CONRAD. I will just conclude by does not in any way change the current People will realize that the Kennedy saying those Justices, as learned as balance of power among the three amendment says, the same branch of they are, know nothing about what the branches of Government. It does not government that has run up $5.3 tril- defense systems are that are needed to grant the courts or the President any lion in debt should be the sole arbiter maintain the security of this Nation. power they don’t already have. of what does, and what does not, com- They know nothing about agriculture To clarify the matter, the amend- ply with a rule against running up an- programs which are critical to my ment already says, in section 6, ‘‘The other $5 trillion. State. They know nothing about the Congress shall enforce and implement The Kennedy amendment is being of- budget disciplines that are funda- this article by appropriate legislation. fered by opponents of the balanced mental to the writing of a budget docu- * * *’’ budget amendment, not to improve it, ment that is critical to the future of But, in some very limited cases, the but in an attempt to kill it. The this country. possibility of outside review should be amendment should be defeated. This amendment by the Senator from left open. For example: The PRESIDING OFFICER. Who Massachusetts ought to be adopted. Under our Constitution, the courts yields time? The same type of amendment was have already addressed the issue of Mr. KENNEDY. Mr. President, I un- adopted overwhelmingly in the last whether a bill that originated in the derstand we have 4 minutes remaining. Congress when people recognized it was Senate, and had the incidental effect of I yield 2 of those minutes to the Sen- central to the functioning of any bal- increasing revenues, should have origi- ator from North Dakota. anced budget amendment. nated in the House. The PRESIDING OFFICER. The Sen- I thank the Chair and yield the floor. Similarly, under Senate Joint Reso- ator from North Dakota is recognized The PRESIDING OFFICER (Mr. GOR- lution 1, if the Congress passed a bill to for 2 minutes. TON). Who yields time? The Senator increase taxes by voice vote, instead of Mr. CONRAD. Mr. President, I thank from Arkansas. a majority of the whole number on a the Senator from Massachusetts. Mr. HUTCHINSON. I yield myself 2 rollcall vote, and claimed the bill I point out to my colleague on the minutes. would not raise taxes, it is fair and rea- other side of the aisle that if this bal- Mr. President, in response to my sonable for the Supreme Court to say, anced budget amendment passes, is im- friend, I will simply say that the no, that bill is unconstitutional, and it plemented, he would have exactly the learned Justices may know little about is struck down. same problem as represented by that budgeting, they may know little about Under Senate Joint Resolution 1, stack of budget documents sitting on national defense, they may know little let’s say some future Congress set up a his desk today, because the debt would about budget priorities, they may shell game to get around the 3/5 vote continue to go up. We would not have know little about exploding entitle- on the debt limit. Perhaps they could a balanced budget at all, because this ments, but they have not been respon- set up a super Fannie Mae that borrows isn’t a balanced budget amendment, sible, as we have been, for 28 successive from the public, and then lends to the unfortunately. This is an amendment years of deficits and the accumulation Treasury. It is fair and reasonable for that decides they are going to claim of $5.3 trillion in national debt. They the Supreme Court to say, no, that is it’s a balanced budget by looting every have not been responsible for imposing an obvious attempt to subvert the Con- penny of Social Security surplus over upon my children and my grand- stitution, and it is struck down. the next 20 years and then claim bal- children $20,000 of debt per person. In no case, under this amendment, ance. They cannot be held accountable for would—or could—the courts rewrite But on the question of the amend- our failings, and I emphasize once the details of a budget or order a tax ment before us, I think the amendment again, it will not be the Justices of the increase. They simply couldn’t, period. by the Senator from Massachusetts ad- Supreme Court who will enforce this But the courts could do what they do dresses one of the three principal con- provision to the Constitution should it today: cerns of the so-called balanced budget be ratified, and it will not be the Presi- If a case is obvious, if a party has amendment which is before this Cham- dent, through the impoundment proc- specific standing, if a controversy is ber. It goes to the question of the role ess, that will enforce this; it will be justiciable, and if the political ques- of the courts. Congress in obedience to and in fulfill- tion doctrine does not apply— Mr. President, what a difference a ment of their oath of office, an oath Then the Court could look at an act of Congress makes—what a difference. that requires us to protect and pre- Congress, or an action of the Executive, and The last time we had this measure be- say, no, that violates the Constitution. Stop. serve and defend the Constitution of Do not pass ‘‘Go’’. Do not collect $200 billion. fore the Senate, on a vote of 98 to 2, we the United States, a Constitution that Start over again. addressed the question of whether or will, at that time, have enshrined with- In short, the rule has been, ought to not unelected judges would be left writ- in it a provision requiring us to bal- be, that the Court can simply say what ing the budget of the United States; 98 ance our books. We will do the job. We the law is, not make new law. to 2 the Senators decided we could not will do it when we are required by the Some may raise the specter of the be silent, we could not be left with a Constitution. Missouri versus Jenkins court case. circumstance in which right through Is it a shame we have to have that? I But that case, however dubious on its those doors in the Supreme Court of think it is. Is it unfortunate we have own merits, has nothing in common the United States, we would have not had the courage, the political will with the arguments being raised here. unelected judges sitting around a table to make the kind of tough decisions In that case, a Federal court ordered writing the budget for the United that would have allowed us to balance a local school district to raise revenues States. the budget and to have avoided our to pay for a federally mandated deseg- I ask my colleagues, what do the Jus- current situation? It is a shame. But regation plan. tices of the Supreme Court, as learned the evidence is clear that short of an In other words, the Federal court was as they are, know about the defense of amendment to the Constitution, Con- ordering someone else to comply with the United States or the budget for the gress will continue to allow spending Federal law. defense of the United States? Nothing. to grow out of control, we will con- That case had nothing to do with They have had none of the detailed tinue to have chronic deficits, and we Congress, with Federal taxes or with briefings, none of the hearings on the will continue to amass enormous debts constitutional separation of powers. question of what the defense systems that threaten the economic stability

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1718 CONGRESSIONAL RECORD — SENATE February 27, 1997 and the economic future of our coun- judicial review, the courts would not mean that the courts will be able to try. That is why we need a balanced have jurisdiction for claims arising interfere with the budgetary process budget amendment. And in order to under the balanced budget amendment. but does ensure that the Constitution have that amendment, we need to re- The Kennedy amendment provides is enforced and respected. Let me ex- ject Senator KENNEDY’s I think unnec- that absent specific legislation author- plain this balance in greater detail. essary and ill-conceived amendment to izing judicial review, Congress has ex- There are several reasons why courts the underlying amendment to the Con- clusive enforcement authority under will not run the budget process if Sen- stitution. the balanced budget amendment. Thus ate Joint Resolution 1 becomes law. In Mr. KENNEDY addressed the Chair. the courts would have absolutely no part, that is because several well-set- The PRESIDING OFFICER. The Sen- enforcement role. tled constitutional principles ensure ator from Massachusetts. The difference is this. I know my col- courts do not make the budget deci- Mr. KENNEDY. Mr. President, with league is trying to do what is right sions that we must make. In part, that all due respect to my friend and col- here, but the difference is this. The is because section 6 of Senate Joint league, 92 Members of the U.S. Senate Kennedy amendment allows Congress Resolution 1 gives Congress the power felt this was an issue that should be ad- unconstitutionally to raise taxes by a to decide how the balanced budget dressed in the last Congress, and a Re- simple voice vote and no court in this amendment should be enforced. Let us publican, Senator Danforth, thought it land could hold that tax unconstitu- start with the Constitution. should have been addressed in the Con- tional. The Nunn amendment did not No. 1. Standing. The standing doc- gress before that. have that draconian affect. trine limits who may bring a lawsuit in Now, if the Senator wants to say that Under the Nunn amendment, any Federal court. At bottom, to do so a under no circumstances are the judges taxpayer could raise as a defense the party must show that it has suffered an going to be involved and under no cir- argument that the Congress passed an ‘‘injury in fact.’’ That term is a tech- cumstances will the President have im- unconstitutional tax. The Kennedy nical one in the law. It does not allow poundment, then accept the amend- amendment forecloses that defense. I clients to simply claim he dislikes a ment. But you cannot have it both do not think we want to go that far, law or merely that the law is unconsti- ways. even though I think I know what the tutional. No. A plaintiff must prove Other Congresses—the previous Con- distinguished Senator is trying to do. three elements in order to establish gress and the one before it, under Re- The Kennedy amendment, Senator standing or to show, as I have men- publicans and Democrats—overwhelm- KENNEDY’s amendment, would allow tioned before, that that plaintiff has ingly understood this issue, as leading the Government to imprison taxpayers suffered ‘‘injury in fact.’’ conservative constitutional authorities for refusing to pay an unconstitutional First, a plaintiff must prove that he do, as the 128 organizations that rep- tax. has suffered, or likely will suffer, a resent working families, children’s or- I do not think we want to go that far. concrete injury, not just a conjured up ganizations, those that have Social Se- At least I do not. So I have to rise in one or abstract one, but a concrete in- curity and senior citizens do. opposition to the amendment offered jury. Mr. President, that is the issue. Who by my good friend and colleague from Second, the plaintiff must show that is going to make the ultimate judg- Massachusetts. the defendant has caused the specific ment if this amendment is accepted? Mr. President, in each year that the injury that he has shown. In this case We believe it should be the Congress, balanced budget amendment has been it would be the Government. not leave it to unelected judges to per- debated, I notice that various argu- And third, the plaintiff must show mit the President to impound it. That ments are presented as scare tactics by that the remedy he seeks will redress is the simple and fundamental issue. I the opponents of the amendment. The the specific injury that he has shown. hope the amendment is successful. devil resurrected now in the Kennedy It would be very difficult for a plain- The PRESIDING OFFICER. All time amendment is the fear that under the tiff to establish or any plaintiff to es- except for 8 seconds to the Senator balanced budget amendment the courts tablish all three elements in a lawsuit from Massachusetts has expired and will raise taxes or cut programs. In- brought challenging an action under there are 33 minutes 19 seconds remain- deed, President Clinton even claimed Senate Joint Resolution 1 unless there ing for the Senator from Utah. that he could refuse to disburse Social was an actual violation of Senate Joint Who yields time? Security checks to our retired senior Resolution 1 such as I have men- Mr. HATCH. Mr. President, how citizens if the budget is not balanced tioned—a refusal to follow the super- much time is left for the Senator from by the end of any particular fiscal majority vote rule or a refusal to fol- Utah? The PRESIDING OFFICER. Thirty- year. low the actual vote rule. Dissatisfac- The balanced budget amendment three minutes nineteen seconds. tion with Congress’ policy judgment is Mr. HATCH. How much is left for the does not produce any such evils. On the not ‘‘injury in fact.’’ A plaintiff, there- other side? contrary, the balanced budget amend- fore, cannot establish the ability to sue The PRESIDING OFFICER. Eight ment strikes a delicate balance be- if all that a plaintiff can show is that seconds. tween the reviewability by the courts Congress has not adequately funded or Mr. HATCH. Eighty seconds? and limitation on the courts’ ability to has been unduly generous in funding a The PRESIDING OFFICER. Eight interfere with congressional budgetary particular program. seconds. authority. It has always been my posi- A plaintiff cannot establish standing Mr. HATCH. That ought to be enough tion that we should not foreclose all ju- based merely on the claim that an act to make some fairly powerful state- dicial review. No. Some judicial review of Congress is unconstitutional. ments, but I will be happy to give him may be necessary and should be per- A plaintiff also cannot establish some more time after I make a few re- mitted. standing based simply on his or her marks. What we should foreclose is any ac- status as a taxpayer. Let me make a point that my good tion by the courts that would interfere The Supreme Court long ago held friend and colleague, Senator KYL, with Congress’ budgetary authority. that a plaintiff cannot establish stand- made at the outset of this debate. Sen- Judicial review should be available for ing based merely on his status as a tax- ator KENNEDY’s amendment would the egregious, but unlikely, cases payer. The Court so ruled in the 1923 allow the Federal Government to im- where Congress flouts the express pro- case of Frothingham versus Mellon. In prison any taxpayer who declines to cedures dictated by Senate Joint Reso- 1982, the Supreme Court reaffirmed its pay an unconstitutional tax. His lution 1, such as the requirement that Frothingham decision in the case of amendment is materially different each House of Congress vote for a tax Valley Forge Christian College versus from Senator NUNN’s amendment 2 increase only by rollcall vote, when in Americans United for Separation of years ago. So I am very concerned fact we provide for a constitutional Church & State. about it. Let me just compare the two. majority or a majority of the whole That is not all. Even if a party can The Nunn amendment provided that number of both Houses in order to have prove he has suffered a judicially rec- absent specific legislation authorizing a tax increase. Such review does not ognizable ‘‘injury in fact,’’ in all but

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1719 the most extraordinary cases that Federal Government and the States to be raised as a remedy in any case. party still would not be able to estab- differently in that regard. The Su- Accordingly, the Supreme Court’s deci- lish standing to sue. The reason why is preme Court did not discuss the effect sion in the Jenkins case is irrelevant in that a plaintiff still could not make of the origination clause of the Con- this contest. out the remaining requirements to es- stitution in the Jenkins case, and that The principle that Federal courts tablish standing. In particular, a party clause is critical to any discussion of cannot order taxes to be raised is con- would not be able to establish either this issue. The origination clause of sistent with the Framers of our Con- the ‘‘causation’’ or ‘‘redressability’’ the Constitution provides that ‘‘All stitution. Let me quote from ‘‘The Fed- elements. In a case brought under the bills for raising revenue shall originate eralist Papers’’ to make my point. balanced budget amendment, a plain- in the House of Representatives, but James Madison wrote in Federalist No. tiff would not be able to show that a the Senate may propose or concur with 48: ‘‘The legislative department alone specific law caused his injury or that a amendments, as on other bills.’’ That has access to the pockets of the peo- specific law should be held invalid as provision is not a mere matter of eti- ple.’’ Similarly, Alexander Hamilton the unconstitutionally necessary and quette. No, the Supreme Court has said wrote the following about the courts in appropriate remedy. After all, Congress that it is a substantive, judicially en- Federalist No. 78: ‘‘The Judiciary has appropriates money for numerous pro- forceable constitutional requirement. no influence over the sword or the grams, so it would be impossible for a And we, in the Senate, are very dili- purse, no direction either of the plaintiff to show, for example, that he gent in making sure that we do not strength or of the wealth of the soci- is injured by any one specific program. tread on the House’s authority to do ety, and can take no active resolution Now, that is No. 1. that. All of us understand that, and we whatever.’’ No. 2 is justiciability and the polit- are very, very concerned about observ- Those are important Founding Fa- ical question doctrine. ing it. thers’ definable terms with regard to There are two other doctrines that In United States versus Munoz-Flo- this particular issue. It is very impor- are relevant here: Justiciability and res, in 1990, the Supreme Court ruled tant that we make this case, because the political question doctrine. that the courts can enforce the require- there is a lot of misunderstanding on Justiciability focuses not on the per- ments of the origination clause. In that this constitutional issue. Now, No. 3, an additional safeguard son who wishes to bring a lawsuit, but case, the Supreme Court rejected the against judicial activism lies in article on the issue or claim that the plaintiff argument that issues arising under the III of the Constitution and section 6 of wishes to litigate. Not every claim is origination clause pose what are Senate Joint Resolution 1. Both provi- one that Federal courts are going to known as ‘‘political questions,’’ ques- sions give Congress power to limit the adjudicate, and claims that cannot be tions that are for the political jurisdiction of the courts and the rem- adjudicated are deemed ‘‘nonjustici- branches, not the courts, to resolve. edies courts may provide. The Supreme able.’’ The upshot of the Munoz-Flores deci- Court has made clear on numerous oc- In many ways, the political question sion is twofold. First, all bills for rais- casions under article III that Congress doctrine is just the flipside of the ing revenue must originate in the can limit the jurisdiction and remedial justiciability doctrine. The reason is House of Representatives, or else they powers of the Federal court. Under sec- that a political question is an issue are unconstitutional. Second, and more tion 6 of the balanced budget amend- that the Constitution has given to importantly, the House of Representa- ment, Congress may adopt statutory someone other than the courts to de- tives has plenary authority for the remedies and mechanisms for any pur- cide. ‘‘origination of revenue bills.’’ No enti- ported budgetary shortfall such as se- The political question doctrine is rel- ty created by the Constitution other questration, rescission, or the estab- evant here because of the origination than the House of Representatives can lishment of a contingency fund. clause in article I, section 7, clause 1, originate a revenue bill or order that a Pursuant to section 6, it is clear that of the Constitution that provides that revenue bill originate in the House. Congress, if it finds it necessary, could ‘‘All Bills for raising revenue shall That includes the Federal courts. Since limit the type of remedies a court may originate in the House of Representa- the Supreme Court is created by the grant or limit a court’s jurisdiction to tives; but the Senate may propose or Constitution and since the lower Fed- prevent judicial overreaching. If the concur with Amendments as on other eral courts are authorized by the Con- balanced budget amendment becomes Bills.’’ Because that clause gives to the stitution, neither the Supreme Court law, and I hope it does, Congress will House of Representatives specifically nor any lower Federal court has the have the authority of both article III the exclusive power to decide whether power to order the House to raise taxes and section 6 of the balanced budget to raise taxes, the courts cannot do so, or, in any other way, to order Federal amendment in order to protect against even in a case that the courts other- taxes raised. unwarranted judicial action. Those two wise may adjudicate. The same point can be made in an- provisions help to ensure that Congress Because this is an important issue, other way. Under the political question will retain the ultimate power to de- let me just address it in some detail. doctrine, the Federal courts lack au- cide how Senate Joint Resolution 1 will I will refer to the judicial taxation thority to adjudicate certain types of be enforced and thereby prevents issue of Missouri versus Jenkins. Can issues. The classic formulation of a courts, whether Federal or State, from Federal courts order a tax increase? ‘‘political question’’ case is set forth in expanding their power beyond the lim- Some opponents of the balanced budget Baker versus Carr in 1962. That formu- ited role Congress assigns. These are amendment have argued that the lation makes clear that a political issues that are important and have to courts will use their remedial power to question is an issue in part whose reso- be covered in the context of this de- order that Congress raise taxes. In lution is textually committed to a bate. making that argument, some balanced branch other than the courts. The issue Some opponents have argued it would budget amendment opponents rely on whether taxes should be raised easily force the President to impound funds; the Supreme Court’s decision in Mis- satisfies that standard, because the that is, to withhold from spending al- souri versus Jenkins, a decision de- origination clause expressly vests that ready appropriated funds such as So- cided in 1990. There the Supreme Court authority in the House of Representa- cial Security payments in order to bal- held that a Federal district court has tives. ance the books. President Clinton has the remedial authority to order a local At the end of the day, the question made that argument on several occa- school district to raise taxes in order whether taxes should be raised is sions recently. He made it in his State to ensure that a court-ordered school quintessentially a political question, of the Union Address and he made in desegregation plan is carried into ef- because the Constitution expressly his Saturday radio broadcast. Shame fect. The Jenkins case, however, sup- vests in the House of Representatives on him, having taught constitutional plies no authority for a Federal court the authority over that issue. Since law. I shall now explain that argument to order Congress to raise taxes. the resolution and political question is is a canard. The short and simple answer is that beyond the demand of the courts, no Constitutional analysis, like all legal the text of the Constitution treats the Federal court could order Federal taxes analysis, begins with the text of the

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1720 CONGRESSIONAL RECORD — SENATE February 27, 1997 relevant law. Here we need to look to Indeed, Congress already has regu- Mr. LEAHY. I thank the Senator for the text of Senate Joint Resolution 1. lated in the area of the President’s im- his customary courtesy. Mr. President, That part of the analysis is conclusive. plied powers by giving the President a someday somebody will sit down and Nothing in the text of Senate Joint line-item veto power. We gave the write scholarly articles about this de- Resolution 1 authorizes, or otherwise President such authority last Congress. bate. I commend my friend from Utah, allows, for the impoundment of any ap- As a result, even if Congress does noth- who has spent more time on the floor, propriated funds. On the contrary, it ing more to enforce the balanced budg- I believe, than any other Senator. As imposes a duty on the President, the et amendment, Congress already has the amendments have come from this duty to transmit to Congress a pro- limited the President’s ability to im- side, it has been easier for me, as the posed budget for each fiscal year in pound funds. Why is that so? Well, it is Democratic floor manager, to leave which total outlays do not exceed total because Congress told the President and allow those proposing them to receipts. The text of Senate Joint Res- that the only budget authority that he speak. He has stayed here throughout. olution 1 is clear: It does not authorize can exercise is the line-item veto Mr. President, even though my friend the President to impound appropriated power. The Congress gave the Presi- from Utah and I have been on opposite funds of any type. dent that power, rather than the im- sides on this issue, there have been ex- We should now move on to the intent poundment power, only last year, and tremely important arguments. Sen- of the drafters of Senate Joint Resolu- that judgment by the Congress is natu- ators can disagree over the question of tion 1. Here, too, the answer is compel- rally entitled to respect. By so grant- the three-fifths vote requirement, ling. Neither I nor anyone else who ing the line-item veto power, Congress whether that changes our normal idea supports Senate Joint Resolution 1 in impliedly denied to the President the of how a legislative body should work, this Chamber construes the balanced power claimed by President Clinton to and on the issues of Social Security. budget amendment as granting the impound funds. The one power implies Those arguments have been important. President any authority to impound Capital budgets have been important. funds. That should end the debate. that the other does not exist. Now, under section 6 of Senate Joint Now, these are important issues, and No matter how the final vote comes Resolution 1, Congress must mandate I have to say they are issues that lit- out—and I suspect it will be voted exactly what enforcement mechanism erally, I think, must be stated against down—I think that the American pub- it wants, whether it be sequestration, the amendment of my friend from Mas- lic has had the opportunity to hear rescission, the establishment of a con- sachusetts in this particular case. some aspects of a constitutional tingency, or rainy day fund, or some Mr. President, let me just end where amendment debated that, as I have other mechanism. The President must I began. There are only two ways to as- gone back and read various debates, enforce whatever mechanism the Con- sert constitutional claims. One, you have not come out previously with the gress enacts so Congress has the power can sue the Government; two, you can same strength and clarity. to prevent the President from im- raise constitutional claims as a de- We have hundreds and hundreds and pounding funds. fense. Simply put, the Kennedy amend- hundreds of constitutional amend- Indeed, even if Congress took no pre- ment would not allow the latter. You ments proposed every decade. We have, ventive action in that regard, the could not raise a constitutional de- however, amended the Constitution President could not impound funds if fense. Imagine, the Leviathan IRS can only 17 times since the Bill of Rights. Senate Joint Resolution 1 became law. prosecute an innocent taxpayer and the We are the most powerful democracy The reason why is that the Line Item taxpayer can’t tell the court that the history has ever known—in fact, the Veto Act prevents the President from IRS is acting unconstitutionally. Can most powerful country. To be able to doing so. Let me explain why in three you imagine that? We just could not be powerful and to be a democracy is steps. put that in the Constitution. It would an interesting juggling act, especially First, unlike Gaul, all Presidential be awful. The Kennedy amendment in a country as diverse and as large as powers can be divided into two parts. does exactly that. This, alone, is a good the United States. I think one of the Expressed powers such as the pardon reason to table Senator KENNEDY’s reasons is our Constitution. We have power, or implied powers, which con- amendment. kept it simple, short, and very clear. sist of every constitutional power that Taxpayers have rights, too and, The genius of the Founders of this the President can invoke, that is not frankly, the current amendment, Sen- country is in our Constitution, in our expressly granted to him. That is the ate Joint Resolution 1, the balanced Bill of Rights. But also the genius of it complete universe of Presidential pow- budget amendment, protects those is that Congress, for over 200 years, ers according to the Constitution. So rights, whereby, the amendment of the has, for the most part, resisted the any power to impound funds must fit distinguished Senator from Massachu- temptation to amend the Constitution. into one of these two categories. setts does not. Now, we can, with courage, the men Second, the Constitution grants the Now, my friend from Massachusetts and women in this body and the other President the power to issue a pardon, may not worry so much about some of body, bring down deficits and balance but it does not grant him the power to the excessive powers of the IRS. I sus- the budget—with courage. We do not impound funds. As a result, if the pect he doesn’t have too many worries need a constitutional amendment to do President has any impoundment power, there, compared to people who are it. I urge that we reject this constitu- that power can only come from the scraping for a living every day of their tional amendment, having listened and President’s general executive power in lives. Be that as it may, that doesn’t considered the arguments made by article II, section 1, or in his duty in mean we should justifiably put this both sides. Then we must settle down article II, section 3, to ‘‘take care that into the Constitution by amending the and dedicate ourselves as Members of the laws be faithfully executed.’’ balanced budget amendment with this the Senate, not as Republicans or Third, how the President’s impound- amendment. Democrats, but as Members of the Sen- ment power is classified is important, Mr. President, how much time do I ate, to get rid of unnecessary expendi- because Congress has greater authority have remaining? tures, to make sure that we have a tax to regulate the President’s implied The PRESIDING OFFICER. The Sen- code that is fair to all, to bring down powers than his expressed powers. Con- ator has 10 minutes 35 seconds. the deficits and allow the world’s larg- gress has only very limited authority Mr. LEAHY. How much time do the est and strongest economy to operate to regulate the President’s exercise of proponents of the amendment have? as it should. an express power such as the pardon The PRESIDING OFFICER. They Mr. President, I yield the floor. power of article I, section 2, clause 1. have 8 seconds. Mr. KENNEDY. I yield back what- But Congress has greater room to regu- Mr. HATCH. Would the Senator like ever time I have, Mr. President. late the President’s general executive me to yield him some time? Mr. HATCH addressed the Chair. power. In fact, Congress may do so as Mr. LEAHY. Yes. Would the Senator The PRESIDING OFFICER. The Sen- long as Congress does not prevent the yield me 2 minutes? ator from Utah is recognized. President from discharging his as- Mr. HATCH. I will yield the distin- Mr. HATCH. Mr. President, is this signed responsibilities. guished Senator 5 minutes. vote set for a time certain?

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1721 The PRESIDING OFFICER. No, it is got away from the general area. We [Rollcall Vote No. 21 Leg.] not. don’t like that to happen. You have to YEAS—69 Mr. HATCH. I yield the balance of stay close when we have a 10-minute Abraham Frist McConnell my time. count. Allard Gorton Moseley-Braun I move to table the amendment, re- Ashcroft Graham Murkowski I yield the floor. Baucus Gramm luctantly, and I ask for the yeas and Nickles AMENDMENT NO. 13 Bennett Grams Reid nays. Biden Grassley Robb The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. There is Bond Gregg Roberts sufficient second? now 1 minute equally divided on the Breaux Hagel Roth Brownback Harkin motion to table the Feingold amend- Santorum There is a sufficient second. Bryan Hatch Sessions The yeas and nays were ordered. ment, numbered 13. Who yields time? Burns Helms Shelby The PRESIDING OFFICER. The Mr. FEINGOLD addressed the Chair. Campbell Hollings Chafee Hutchinson Smith, Bob question is on agreeing to the motion The PRESIDING OFFICER. There is Coats Hutchison Smith, Gordon to table the Kennedy amendment. 1 minute of debate on this motion. Cochran Inhofe H. The clerk will call the roll. That minute cannot start until the Collins Jeffords Snowe The legislative clerk called the roll. Coverdell Kempthorne Specter Senate is in order. Stevens The PRESIDING OFFICER. Are there Craig Kohl The Senator from Wisconsin. D’Amato Kyl Thomas any other Senators in the Chamber de- Mr. FEINGOLD. Mr. President, my DeWine Landrieu Thompson siring to vote? Domenici Lott Thurmond The result was announced—yeas 61, amendment simply reduces from 7 to 3 Dorgan Lugar Warner Enzi Mack nays 39, as follows: the number of years the States have to Wyden ratify the balanced budget amendment. Faircloth McCain [Rollcall Vote No. 20 Leg.] Mr. BYRD. Mr. President, the Senate NAYS—31 YEAS—61 is not in order. Akaka Feinstein Lieberman Abraham Gorton McConnell Bingaman Ford Mikulski Allard Graham Murkowski The PRESIDING OFFICER. The Sen- Boxer Glenn Moynihan Ashcroft Gramm Nickles ate is not in order. Will the Senators to Bumpers Inouye Murray Bennett Grams Robb my left remove their conversations Byrd Johnson Reed Bond Grassley Roberts Cleland Kennedy Rockefeller Brownback Gregg from the floor. Will the Senators in the Roth Conrad Kerrey Sarbanes Bryan Hagel aisle take their conversations else- Santorum Daschle Kerry Torricelli Burns Harkin Sessions where. Dodd Lautenberg Campbell Hatch Wellstone Shelby Durbin Leahy Chafee Helms The Senator from Wisconsin will Smith, Bob Feingold Levin Coats Hutchinson start his 30 seconds over. Smith, Gordon The motion to lay on the table the Cochran Hutchison Mr. FEINGOLD. Mr. President, my Collins Inhofe H. amendment (No. 13) was agreed to. Snowe amendment simply reduces from 7 to 3 Coverdell Jeffords Mr. HATCH. Mr. President, I move to Craig Johnson Specter the number of years that States have reconsider the vote by which the mo- D’Amato Kempthorne Stevens to ratify the balanced budget amend- Thomas tion to table was agreed to. DeWine Kyl ment, thereby ensuring that it will Domenici Lott Thompson Mr. LEAHY. I move to lay that mo- Enzi Lugar Thurmond take effect no later than the year 2002. tion on the table. Faircloth Mack Warner Under the current version of the bal- Frist McCain Wyden The motion to lay on the table was anced budget amendment, the bal- agreed to. NAYS—39 ancing requirement could be delayed in AMENDMENT NO. 14 Akaka Durbin Leahy its effectiveness until the year 2006. The PRESIDING OFFICER. There is Baucus Feingold Levin I like to call this the fish-or-cut-bait Biden Feinstein Lieberman now 1 minute equally divided on the amendment. This will ensure, whether Bingaman Ford Mikulski motion to table the Feingold amend- Boxer Glenn Moseley-Braun we go with a balanced budget amendment No. 14. Breaux Hollings Moynihan ment or whether we simply do our job Mr. FEINGOLD addressed the Chair. Bumpers Inouye Murray now as we should, that we get the job Byrd Kennedy Reed The PRESIDING OFFICER. The Sen- done by the year 2002. Cleland Kerrey Reid ator from Wisconsin. Conrad Kerry Rockefeller The PRESIDING OFFICER. The Sen- Daschle Kohl Sarbanes Mr. FEINGOLD. Mr. President, my Dodd Landrieu Torricelli ator from Utah. amendment allows Congress to estab- Dorgan Lautenberg Wellstone Mr. HATCH. Mr. President, as my lish a surplus fund, a tool used in many So the motion to lay on the table the friend has said, I move to table this States, in a far more responsible way amendment (No. 10) was agreed to. amendment. It unnecessarily reduces to address emergencies than simply Mr. HATCH. Mr. President, I move to the time for ratification from 7 years deficit spending or scrambling for off- reconsider the vote. to 3 years, even though that 7 years has sets. Mr. KENNEDY. I move to lay that been the proper form of ratification for My amendment allows Congress to motion on the table. many amendments since 1921. build up and use the savings needed to The motion to lay on the table was However long it takes, we need the fund the bulge in Social Security bene- agreed to. balanced budget amendment and there fits that will occur when the baby The PRESIDING OFFICER. The ma- is no reason to reduce the time for the boomers retire. Without this amend- jority leader. consideration by the States. So I hope ment, there would be a three-fifths Mr. LEAHY. Mr. President, the Sen- our colleagues will table this amend- vote required in each House in order to ate is not in order. ment. access the Social Security fund. This is The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. All time terribly important to current and fu- ate will be in order. The majority lead- has expired. The question is on the mo- ture retirees, and my amendment does er. tion to table the Feingold amendment, not require Congress to do the right Mr. LOTT. Mr. President, I ask unan- amendment No. 13. thing, but at least allows Congress to imous consent that the second and The yeas and nays have been ordered. live up to its commitment to the So- third vote in this voting sequence be cial Security beneficiary. The clerk will call the roll. reduced to 10 minutes in length. Mr. LEAHY. Mr. President, the Sen- The PRESIDING OFFICER. Without The bill clerk called the roll. ate is not in order. objection, it is so ordered. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- Mr. LOTT. I urge our colleagues stay ABRAHAM). Are there any other Sen- ator from Utah has the floor. The Sen- close to the floor because otherwise we ators in the Chamber who desire to ate will please come to order so he may will go into overtime. We had a couple vote? be heard. of Senators, two or three this year, The result was announced—yeas 69, Mr. HATCH. I thank both my col- who have missed votes because they nays 31, as follows: leagues. Mr. President, I believe we

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1722 CONGRESSIONAL RECORD — SENATE February 27, 1997 should reject this amendment. Senate efforts to amend the Constitution. And popular is twofold. First, when you ask Joint Resolution 1 will not only help us to the eternal credit of this body and people whether you favor a constitu- to stop borrowing, but will help us to the American people, only 18 times out tional amendment to balance the budg- protect any savings we may build up. of the 11,000 efforts have we amended et, all they hear is ‘‘balance the budg- So, I do not believe it is necessary to the Constitution. Of those 11,000 ef- et,’’ and everybody is for that. Perhaps, make it easier to spend our hard- forts, I consider the amendment pend- there is another group who, like most earned savings. ing before this body to be the most un- of us, revere the majesty of the words Senate Joint Resolution 1 gives us workable, unenforceable, totally polit- in the Constitution and they think be- appropriate flexibility with the appro- ical amendment ever to be foisted off cause of our reverence for the Constitu- priate protections. on an unsuspecting public. tion throughout history, if you just put Mr. President, have we moved to I have never heard as many questions it in the Constitution, it will be self- table this amendment yet? answered with ‘‘I don’t know.’’ Who fulfilling. It would never occur to them The PRESIDING OFFICER. The mo- will enforce this amendment? ‘‘I don’t how sloppily crafted this constitution has been made. know.’’ What will be the courts’ role, if tional amendment is. It would never Mr. HATCH. Mr. President, I yield any, in enforcing this amendment? ‘‘I occur to them that it isn’t even con- back the balance of my time. Are the don’t know.’’ And I am speaking for stitutional language. It would never yeas and nays ordered? the authors of this amendment when I occur to them that nobody can tell you The PRESIDING OFFICER. The say, ‘‘I don’t know,’’ because they don’t how it’s going to work. question occurs on agreeing to the mo- know. Who has standing to sue? ‘‘I This amendment makes a mockery of tion to lay on the table the Feingold don’t know.’’ that great, revered document. Now, amendment No. 14. The yeas and nays Who has standing to challenge the some people who find this to be very have been ordered. The clerk will call assumptions that we make that we popular and highly desirable may take the roll. have a balanced budget? ‘‘I don’t umbrage at some of the things I say. The assistant legislative clerk called know.’’ It reminds me of Abbott and But I have voted against it every time the roll. Costello and ‘‘Who’s on First?’’ And if I ever had a chance. But do you know The PRESIDING OFFICER. Are there we have a crisis—a crisis that is not something else? I think one of the any other Senators in the Chamber de- yet a military conflict, but may be- things that has stood me in pretty good siring to vote? come one, such as previous to World stead with the people of Arkansas is The result was announced—yeas 60, War II, such as previous to Desert that I have always trusted them. When nays 40, as follows: Storm, the constitutional amendment I voted for the Panama Canal trea- [Rollcall Vote No. 22 Leg.] says you have to have 60 votes to un- ties—and I can tell you, nothing even YEAS—60 balance the budget, even though you comes close to that as far as unpopular are headed, almost certainly, toward votes are concerned—I survived it, and Abraham Faircloth Mack Allard Frist McCain war with another nation. it was a correct vote. Very few people Ashcroft Gorton McConnell There are no provisions in here to in this body would reverse that vote. Bennett Graham Murkowski take care of a national emergency that Put your trust in the people, vote Bond Gramm Nickles is not yet a military conflict or a de- against this constitutional amend- Brownback Grams Robb Bryan Grassley Roberts clared war. It has been said time and ment, and don’t have any fear of going Burns Gregg Roth time again, but it bears repeating, that home and talking sense to your people. Byrd Hagel Santorum we have had 5 declared wars in the his- They understand it. Not one person on Campbell Hatch Sessions tory of this country and about 200 mili- that side of the aisle is going to vote Chafee Helms Shelby Coats Hutchinson Smith, Bob tary conflicts. against this nonsense—not one. How I Cochran Hutchison Smith, Gordon Can the courts raise taxes? ‘‘I don’t miss the towering courage of Mark Collins Inhofe Snowe know.’’ Can the courts demand a cut in Hatfield in this body. Coverdell Jeffords Specter spending? ‘‘I don’t know.’’ If a court or- Let me tell you what the Bumpers- Craig Kempthorne Stevens D’Amato Kyl Thomas ders Congress to raise taxes or cut Feingold amendment does, Mr. Presi- DeWine Landrieu Thompson spending and we don’t do it and can’t dent. It is simple, ingenious in its sim- Domenici Lott Thurmond get the 60 votes to do it, what happens plicity, and it does the same thing the Enzi Lugar Warner then? ‘‘I don’t know.’’ Can the Chief constitutional amendment would do NAYS—40 Justice of the Supreme Court go to the but it takes Social Security off budget. Akaka Feinstein Lieberman White House and say to the President, We commit the constitutional amend- Baucus Ford Mikulski ‘‘Mr. President, you are charged with ment, Senate Joint Resolution 1, to the Biden Glenn Moseley-Braun executing and enforcing the laws of Budget Committee, with instructions Bingaman Harkin Moynihan this Nation. We have ordered Congress Boxer Hollings Murray to come back here with amendments to Breaux Inouye Reed to do a number of things in order to the Budget Act almost identical to this Bumpers Johnson Reid come into compliance with this con- amendment. Cleland Kennedy Rockefeller Did you know, Mr. President, that Conrad Kerrey stitutional amendment to balance the Sarbanes Daschle Kerry budget, and they have refused to do it. you can’t raise taxes and you can’t Torricelli Dodd Kohl raise spending, and you can’t appro- Wellstone Now, do your duty, Mr. President, send Dorgan Lautenberg the troops over that Hill and hold priate money until the budget resolu- Durbin Leahy Wyden Feingold Levin bayonets to the backs of the Members tion has passed this body? If you want until they do it.’’ Now, that is far- to change the Budget Act, if you The motion to lay on the table the fetched, of course. But how many times amend the Budget Act, do you know amendment (No. 14) was agreed to. have I heard the lamentation on this what you have to do? You have to get MOTION TO REFER floor about the courts being intrusive 60 votes. We passed that with 51 votes. The PRESIDING OFFICER. Under and intervening where they have no Strangely enough, you can pass some- the previous order, the question is on right to intervene? thing with 51 votes that later requires agreeing to the motion made by the Yet, Mr. President, this is a popular 61 votes to undo. What does our amend- Senator from Arkansas, [Mr. BUMPERS] amendment. It is popular in my State ment do? As I say, it refers Senate to refer the resolution to the Senate and across the country. But it is not as Joint Resolution 1 to the Budget Com- Budget Committee with instructions. popular as it was 2 years ago. It has mittee and instructs them to amend Debate on the motion is limited to 2 gone from about 74 percent to 57 per- the Budget Act with language almost hours equally divided in the usual cent approval. If you ask about Social identical to the constitutional amend- form. Security it only has a 27 percent ap- ment requiring that outlays shall not Mr. BUMPERS. Mr. President, the proval rating. I don’t like casting un- exceed receipts by 2002. Constitution of the United States was popular votes. I have cast my share of The constitutional amendment says adopted in 1789. It will be 208 years old them. you may or may not enforce the this coming summer. In that period of I think one of the reasons the polls amendment. I just got through cov- time, there have been more than 11,000 have consistently showed this to be ering that. The Bumpers/Feingold

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1723 amendment would prohibit Congress is the height of irresponsibility to et. There is all the time in the world to from passing a budget resolution if it come in here and talk about cutting cut taxes. Republicans say, ‘‘Well, that isn’t balanced. As I just said, there is a taxes $193 billion taking $100 billion is a liberal organization.’’ Warren Rud- prohibition on the passage of appro- out of the hides of people on Medicare. man, with whom we all served 12 years priations bills and tax bills without 60 They say, ‘‘Oh. We are not going to in the U.S. Senate, is no liberal. He votes. raise the Medicare premiums.’’ No. But heads up the Concord Coalition, and The constitutional amendment says if you think you can cut Medicare $100 the Concord Coalition jumped on that there is no requirement for action until billion and not cut services to the el- study yesterday like a chicken after a 2002 at the earliest. Do you know what derly, go talk to the HMO’s and tell June bug, and said, ‘‘We agree with that means? The drafters of this them how they are going to make up every word of it.’’ All you have to have amendment put a provision in there for the $100 billion we are going to cut. is a little common sense to agree with saying 2002. So we have 5 free years. We They are going to cut services. That is it. You have to understand. You can’t don’t have to do anything for 5 years. how they are going to do it, while we cut taxes and balance the budget. Those are freebies. Most people here have a capital gains tax that cost $33 I have only voted for one constitu- will have left or will have been re- billion over the next 5 years and $130 tional amendment during my tenure in elected in 5 years. billion over the next 10 years. Where the Senate. And sometimes that is un- Our amendment says you have to do does it go?—67 percent of it to the rich- popular back home. But do you know it now. Face the music now, not 5 years est 1 percent of the people in this coun- something else? I talk about trusting from now. Come up with a budget that try. ‘‘Oh, yes. We are going to cut taxes the people. Do you know what the peo- puts us on a glidepath to a balanced and balance the budget.’’ ple want more than anything else budget by the year 2002. If the States Mr. President, it is so cynical to get today? Like Coca-Cola says, they want have not ratified this constitutional a serious, somber look on one’s face ‘‘The real thing.’’ They want to know amendment by the year 2002, you have and talk about deficits and propose how you really feel. Stand up for what maybe 2 more free years where you cutting taxes by such massive you believe. Harry Truman told me one don’t have to do anything. amounts. We tried that in 1981. time, ‘‘Just tell them the truth.’’ So Our amendment says start now and Mr. President, I don’t know how that is what I did. balance the budget by the year 2002. many books there are on that stack There is not even anything in the Do you know what else it does? It down there. I have been looking at that constitutional amendment that would leaves our precious Constitution infor the last week ever since we started allow Congress to raise spending with tact. The best part of this is that it debating this constitutional amend- less than 60 votes for a depression. I am does not trivialize the Constitution. ment. Do you know what I would rec- a Depression child, one of the few left The mandate for a balanced budget is ommend? I wish the distinguished floor in the Senate. I am telling you we did just as tough under this amendment as manager would take that stack of not have anything. We did not have it is in the constitutional amendment. books and weigh them, put them on a paved streets; we did not have gas; we Mr. President, in 1993 every single scale and weigh them. And then take did not have electricity; we did not Republican voted against a proposal to the national debt of $5.2 trillion, and have health care. As I said, we had a reduce the deficit dramatically. The divide those books up according to how two-holer out back when most people Omnibus Budget Reconciliation bill of much deficit by poundage came under just had a one-holer. We did not have 1993 required the Vice President’s vote Ronald Reagan and George Bush ad- anything. because the vote was tied 50–50. And ministrations. That would make an in- As I have said before in this Cham- among the 50 who opposed it, every Re- teresting thing for the film companies ber, I had pneumonia twice before I was publican and about 6 Democrats. At to film. I promise you that when you 6 years old and all my parents could do the time we voted the deficit for 1996 take Ronald Reagan’s and George was pray. Today that hardly requires was projected to be $290 billion. As a Bush’s deficit over the 12-year period much more than a visit to the doctor’s result of that bill, and the economic that they served this country and you office. And people tell me how they growth that came from the confidence are going to get about 1 foot for all the hate Government. They do not hate that gave, the people of this country Democrats and about 6 feet just for antibiotics. They do not hate measles knew that we were serious about def- that 12-year period. Do you know why? and mumps serums and vaccines. icit reduction, instead of a $290 billion Because we had the massive tax cut in They do not hate the fact that we deficit it was $107 billion. 1981. And I say once again. I was one of live a lot longer than we used to be- Mr. President, what is going on now? the 11 Senators that said, ‘‘You pass cause we pour a lot of money into NIH The President submitted a budget to us that and you are going to create defi- to do medical research for us. They do which I am not very fond of. I do not cits big enough to choke a mule.’’ Elev- not hate being able to go on an air- like to say that. He is a good friend and en out of 100 stood up and called that plane anyplace in the United States in has been for 20 years. But I would not 1981 bill what it was, the most irre- 4 hours. They do not mind driving down have come with a single tax cut, not sponsible thing we have ever done in a highway with six lanes on it going 60 one. And I would have submitted a the history of the U.S. Senate. You to 80 miles an hour. They do not hate budget that took the deficit from $107 talk about mortgaging the future of REA that gave electricity to rural billion in 1996 to well under $100 billion our children. That is when we went America. They do not hate the Depart- in 1997 to show the American people from $1 trillion in debt that we had ac- ment of Agriculture for water and that we were on a glidepath to a bal- cumulated over 200 years to $4 trillion sewer systems for rural people. And I anced budget and we were not going to in 12 years; a little over $4 trillion. could stand here for another hour list- back off. Think of it. Talk about irrespon- ing things Government has done, and The President’s tax cuts are not sibility. not a person in this body would vote to nearly, though, as big as the Repub- So I have spent an inordinate amount undo a single one, although they were licans. The Republican tax proposal of my time since I have been in the highly controversial at the time. Don’t will cost $193 billion. Think of that, Senate trying to do sensible things to you remember how doctors hated Medi- $193 billion over the next 5 years. And balance the budget. I keep getting run care? I can remember how Social Secu- $508 billion over the next 10 years. over by a Mack truck called ‘‘tax cuts’’ rity was a socialist program and TVA Do you know where they get $100 bil- and ‘‘spending increases,’’ particularly was a Communist-inspired program. lion to offset that? Medicare. Do you in defense. You just do not get a som- Under the constitutional amendment think that I am going to go home and ber look on your face while you are if we face another depression—it is cer- tell the people in my State that I voted voting for the biggest spending in- tainly not out of the realm of reason— to cut Medicare $100 billion so we could creases of the year called tax cuts. you have to get 60 votes here to start have a $193 billion tax cut the next 5 Just yesterday the Center for Budget putting people back to work like years? I would need a saliva test to do Priorities came out and strongly rec- Franklin Roosevelt did. All of the rich that. I am not going to do it, and I am ommended that the U.S. Congress for- people in the country said Franklin not going to vote for these tax cuts. It get tax cuts until we balance the budg- Roosevelt was the worst thing that

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1724 CONGRESSIONAL RECORD — SENATE February 27, 1997 ever happened in this country because To any disinterested observer, these Mr. BUMPERS. I yield the floor and he was borrowing money to help peo- issues are clearly open to different in- retain the remainder of my time. ple. Do you know what he said? ‘‘It is terpretation, and at the very least Mr. HATCH addressed the Chair. an unfortunate human failing that a there is doubt as to the precise role the The PRESIDING OFFICER. The Sen- full pocketbook often groans more courts and the President will have in ator from Utah. loudly than an empty stomach.’’ the brave new world of the balanced Mr. HATCH. Mr. President, I do not Hurricane Hugo, where we spent $5 budget amendment. intend to take much time on this billion in South Carolina alone; the The statutory approach contains amendment. My colleague deserves cer- earthquake in California, for which the none of these risks. tainly some response. cost is incalculable and will continue There is no unintended domino effect This motion would alter the con- to be, it would take 60 votes—41 ob- on the constitutional powers of the ex- stitutional amendment and make it streperous, really fundamentally con- ecutive and judicial branches. into a statute. I do not know if we need servative people could say, no, we are In this regard, I strongly urge my to say anything more because we are not going to unbalance the budget be- colleagues who support a constitu- debating a constitutional amendment. The distinguished Senator from Ar- cause there are a bunch of people living tional approach to consider the statu- kansas is very ingenious. He is a great and dying who should not have been tory alternative as a prudent first step, friend of mine; I appreciate him, but living over a fault anyway. and I invite them to consider the Line- this motion very simply says, ‘‘We do Mr. President, this amendment has Item Veto Act that we passed last ses- not need a constitutional amendment the potential for creating more mission as a model. to balance the budget.’’ chief, more chaos in this country than Wisely, Congress opted to pursue a Now, I insist that we do when you anything we have ever considered. And statutory approach instead of a con- look at these 28 years of unbalanced even though it looks as though my side stitutional path in that case. budgets. I hate it when people come in has the necessary 34 votes to keep this Although I would have opposed here and say, ‘‘Let’s just do it.’’ I have thing from going into our precious changing our Constitution to provide heard that throughout this debate. Constitution, I want to keep talking line-item veto authority, I supported ‘‘Let’s just do it’’—the very same peo- about it until the American people un- the statutory Line-Item Veto Act ple who basically have never done it derstand what is at stake. crafted here by my good friend the Sen- the whole time they have been in the Mr. FEINGOLD. Mr. President, I rise ator from Arizona and others. Senate. That is not quite true because Opting for a statutory approach al- to support the amendment offered by Senator BYRD was here, I suspect Sen- lows Congress to evaluate the new line- the senior Senator from Arkansas [Mr. ator KENNEDY was here and maybe BUMPERS]. item veto authority carefully and to some others. Frankly, many of these Over the years, Senator BUMPERS has offer refinements when appropriate. people, I have never heard them ask: been the Senate’s most consistent In fact, I am pleased to have estab- Where is the money coming from to voice for deficit reduction, and I am lished a line-item veto watchdog group pay for these spending programs? pleased to join him in this effort. for just this purpose, and look forward This motion says we can guarantee As has been described, this amend- to taking an active role in watching the fiscal discipline necessary to make ment provides a statutory alternative the development of this new statutory balanced budgets the rule rather than to the constitutional approach, and as authority. the exception simply by enacting stat- such, it has significant advantages. I have also offered legislation to utory changes to the Budget Act. First and foremost, the Bumpers al- strengthen the Line-Item Veto Act As I said, I do not doubt that my col- ternative would require immediate ac- with regard to wasteful special interest league believes this and that he is sin- tion. spending in the tax code. cere in offering this motion, but I must As I have noted on several occasions, As we know, changes to our Constitu- say that the proponents of this motion the lengthy and uncertain ratification tion are not so easily refined. are dead wrong. process allows Congress to hide behind As the supporters of prohibition dis- The problem with this motion is that years and years of delay. covered, we can only react to the unin- it puts us back to square one, forcing The only enforcement mechanism extended consequences of a constitu- us to rely, as we have done time and plicitly provided in the proposed con- tional amendment by amending the time again, on statutory fixes to en- stitutional amendment, the super- Constitution again. sure fiscal responsibility. We have been majority voting requirements, would Of course, supporters of the constitu- down this road before, Mr. President, not kick in for years. tional amendment are unwilling to and the result is right here in front of If Congress acted today to pass the admit there may be unintended con- me—28 unbalanced budgets in a row; 58 proposed constitutional amendment, sequences, especially with regard to of the last 66 are unbalanced budgets. slow ratification could delay enforce- the role of the courts and the Presi- Just think about it. In the last 66 ment for another 9 years—until 2006. dent. years, 58 years we have had an unbal- Even without delays in ratification— They generally remain silent about anced budget. In every one of those even if the States ratified the amend- those issues. years we have had people say, ‘‘Let’s ment tomorrow—the constitutional While they are unwilling to confer just do it. Let’s do it statutorily.’’ amendment would have no effect until specific enforcement powers explicitly Well, the time has come for a solu- 2002 at the very earliest. to the executive or judicial branches, tion strong enough that it cannot be By contrast, this alternative would they also refuse to acknowledge the evaded for short-term gain. We need a require action this year. implied presence of enforcement pow- constitutional requirement to balance We would face the supermajority ers in the proposed constitutional the budget. thresholds as part of this year’s budget amendment. The sad history of legislative at- resolution, every year before 2002 and The amendment offered by my good tempts to balance the budget shows the thereafter. friend from Arkansas adopts the same need for a constitutional amendment This approach makes good sense. supermajority threshold approach used requiring a balanced budget. Since 1978, It removes the excuse for inaction by in the proposed constitutional amend- we have adopted, as I have said many implementing budget discipline right ment; it would take effect right away, times on this floor, no fewer than five away. not 9 years from now; and, it avoids the major statutory balanced budget mech- It also does so without the troubling monumental uncertainties inherent in anisms such as the distinguished Sen- potential for unintended consequences any constitutional change. ator is putting forth here sincerely, inherent in the proposed constitutional I congratulate my good friend Sen- none of which have worked. We have 28 amendment. ator BUMPERS for offering this sensible straight years of unbalanced budgets. There have been lengthy debates over alternative, and I urge my colleagues We have had statutory regimes for the precise powers the proposed con- to support it. each of those 28 years, none of which stitutional language confers on the The PRESIDING OFFICER. Without has worked. Since 1978, we have adopt- President and the courts. objection, it is so ordered. ed those five statutory regimes which

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1725 promised faithfully to bring about bal- the receipts of the Government for that Clinton’s budget comes in the 2 years anced budgets. Every one of those year.’’ And yet, Mr. President, the after he leaves office. Is this the sort of failed and they failed miserably. Time budget for every year since that com- glide path to a balanced budget that is after time, statutory fixes have met mitment was enacted into statute is in envisioned by section 1 of the Bumpers with increased deficits. Here it is. It this stack of unbalanced budgets. motion? does not take any brains, you do not Perhaps the most well-known statute This to me, Mr. President, is not the have to be a rocket scientist to realize designed to ensure a balanced Federal sort of commitment to balancing the we do not have the guts to do what is budget was the Gramm–Rudman-Hol- budget that would support the argu- right under the status quo, without the lings Act of 1985. Many of my col- ment that we can rely on yet another balanced budget amendment. leagues remember this act well. It was statutory fix to bring about long-term Some people do not think we even touted as the deficit reduction package fiscal restraint. The reliability of this have the guts to pass a balanced budget to end all deficit reduction packages. I commitment is only undercut by the amendment. Well, in fact, nearly 85 supported that legislation, and I held Bumpers amendment, which would re- percent of our current national debt out great hope that it would actually move Social Security receipts and out- has accumulated while Congress has bring us into balance for what then lays from the balanced budget calcula- operated within statutory budget would have been the first time in 22 tion—something the President himself frameworks designed to assure bal- years. has said cannot be done while still anced budgets. The fact is we can never Much like the motion before us, the bringing the budget into balance in the solve these problems through the en- Gramm–Rudman-Hollings Act amended year 2002, as is promised by the Bump- actment of mere statutes because stat- the Budget Act to provide for a point of ers amendment. The truth is that the utes do not purport to correct the order in the House or Senate against Bumpers amendment promises only structural bias in favor of deficit any budget resolution that exceeded more of the same—year after year of spending. Statutes are only able to certain deficit reduction targets. These machinations and evasion of responsi- deal with temporary crises. declining deficit targets were to put us bility to those of the future genera- Let’s take a look at just a few of on the so-called glidepath to balance in tions who must pay for our lack of those statutes. fiscal year 1991. A point of order under budgetary discipline. In 1978, my first year here in the U.S. this legislation could only be waived by Now, Mr. President, I do not wish to Senate, we passed the Revenue Act of a supermajority vote. The singular ex- lay blame on Democrats or Repub- 1978, P.L. 95–600. Section 3 of that act ception was for circumstances in which licans for the fiscal indiscretions of the was straightforward. It stated: ‘‘As a a declaration of war was in effect. past. The simple fact is that the prob- matter of national policy * * * the Fed- That’s pretty tough language, Mr. lems in our current budget are not the eral budget should be balanced in fiscal President. And it was backed up by an fault of any political party, they are years 1982 and 1983.’’ But, if you look automatic sequestration mechanism to inherent in our political system. As carefully, Mr. President, you will find ensure that the deficit reduction tar- our late colleague Paul Tsongas once the Federal budgets for each of those gets were met. That’s why so many of said: years in this stack here in front of me. my colleagues and I supported the In 1982 we ran a budget deficit of $128 Gramm–Rudman-Hollings Act. And yet [I]f you ask yourself why are these deficits always voted, the answer is very simple; that billion. In 1983, our deficit was even that law, Mr. President—the deficit re- is, there are a lot of votes in deficit spend- higher at $208 billion. This while it was duction package to end all deficit re- ing. . . . []The balanced-budget amendment is our national policy—as declared in duction packages—was slowly amend- simply a recognition of that human behav- statute enacted by Congress and agreed ed, circumvented, and the requirement ior. It is not so much an indictment of the to by the President—that our budget for a balanced budget finally elimi- people who are here now as it is simply a re- should be balanced in each of those nated altogether just one year prior to flection this is how people act in a democ- years. the year in which we were to achieve racy. They act to maximize their votes, and Now that is not to say that Congress balance under the original act. As a re- in this particular case, the addiction to def- was not serious about reaching bal- icit spending takes them in a particular di- sult, we have now amassed an addi- rection.’’ ance. I was here and I can tell you that tional $1.3 trillion in debt since 1991. we were. In fact, later in that same Mr. President, the Bumpers motion The fact is that we can never solve year, 1978, we adopted an amendment offers no better promises than the these problems through the enactment offered by our former colleague Harry Gramm–Rudman-Hollings Act. Ulti- of mere statutes because statutes do Byrd, Jr., from Virginia, which stated mately, as experience has shown, no not purport to correct this structural that ‘‘[b]eginning with fiscal year 1981, Congress can bind a succeeding Con- bias in favor of deficit spending. Stat- the total budget outlays of the Federal gress by simple statute. Any balanced utes are only intended to deal with a Government shall not exceed its re- budget statute can be repealed, in temporary crisis. The deficit spending ceipts.’’ Two years later, in 1980, we whole or in part, by the simple expe- bias is not a problem that has lasted, modified the Byrd amendment to state dient of adopting a new statute. Statu- nor will last, only a short number of that ‘‘[t]he Congress reaffirms its com- tory limitations remain effective only years. It is a long-term problem that is mitment that beginning with fiscal as long as no majority coalition forms deeply ingrained in our budget process. year 1981, the total outlays of the Fed- to overcome such statutory con- It demands a permanent constitutional eral Government shall not exceed its straints. solution. receipts.’’ You will notice that in re- Now I know my colleagues have ar- Senate Joint Resolution 1 is such a affirming our commitment to a bal- gued that things are different now than solution. It is a balanced, carefully anced budget we changed the language they were under Gramm–Rudman-Hol- crafted measure that has been devel- from saying that Congress ‘‘should’’ lings. They cite too the fact that we oped in a bicameral, bipartisan fashion. balance the budget to say that Con- have experienced four consecutive I hope my colleagues will join with me gress ‘‘shall’’ balance the budget in years of deficit reduction and that Con- in opposing the maintenance of the sta- 1981. And yet, Mr. President, the Fed- gress and the President agree that the tus quo and that they will vote to table eral budget for 1981 is also one of the 28 budget must be balanced. But the the Bumpers motion. unbalanced budgets in this stack here American people have plenty of reasons Having said that, I do get just a little in front of me. to be skeptical of this argument. uptight about people coming in here This again, is not to say that Con- Under the budget the President has and blaming everything on Reagan and gress’ commitment to balancing the proposed, we will have deficits larger Bush. Yesterday, I had a debate with budget was in any way diminished. In than last year’s budget deficit until the the distinguished Senator from West 1982 we revised the Byrd amendment year 2000. Only in the last 2 years of his Virginia who tried to blame all of these once again to say that ‘‘Congress reaf- budget do we see the dramatic cuts deficits on Ronald Reagan and George firms its commitment that budget out- necessary to bring us into balance. In Bush because during their tenure the lays of the United States Government other words, a full 75 percent of the deficits went up, and blame them on for a fiscal year may be not more than deficit reduction planned in President the tax cuts.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1726 CONGRESSIONAL RECORD — SENATE February 27, 1997 I put into the RECORD yesterday evi- year before last. Under the constitu- Jeffords Murkowski Smith, Gordon Kempthorne Nickles H. dence that those tax cuts, those mar- tional amendment, if you cannot get Kohl Reid Snowe ginal tax rate reductions actually re- the 60 votes, you shut the Government Kyl Robb Specter sulted in a 40-percent, approximately down and go down to the Supreme Lott Roberts Stevens 40-percent, increase in revenues be- Court and wait for them to act. Not Lugar Roth Thomas Mack Santorum Thompson cause they stimulated the economy for only is that time-consuming and out- McCain Sessions Thurmond 8 years, they contributed more jobs, rageous, but you are also cutting the McConnell Shelby Warner more opportunity; 21 million jobs were three branches of the Government of Moseley-Braun Smith, Bob Wyden created. They stimulated opportunity. the United States to two. NAYS—34 They did a lot of things to get this One of the reasons we have this big Akaka Feinstein Levin country going again. But let me point deficit, which everybody laments—let Boxer Ford Lieberman out that during that whole time me say it once more—is because we Breaux Glenn Mikulski Bumpers Hollings Reagan was in the Presidency, the talk one way and act another. We talk Moynihan Byrd Inouye Murray Democrats controlled the House of about how we are going to get the Cleland Johnson Reed Representatives. Tip O’Neil was in budget balanced, and how terrible it is Conrad Kennedy Rockefeller charge during the first part of that. Daschle Kerrey Sarbanes that we cannot get our spending under Dodd Kerry Torricelli And they kept spending. control, and then we turn around and Dorgan Landrieu Wellstone Now, I am not just blaming Demo- cut taxes by massive amounts. It is the Durbin Lautenberg crats. There were liberal Republicans worst form of snake oil I have ever Feingold Leahy who helped them to do that as well. seen in my life, yet we keep buying NOT VOTING—1 And there is no question that the in- into it. We bought into it in 1981, and Inhofe crease in military spending did put now we are getting ready to buy into it The motion to lay on the table the pressures on the budget and that Presi- again. motion to refer was agreed to. dent Reagan was the one who did that. All I am saying is, under my amend- AMENDMENTS NOS. 9 AND 18 WITHDRAWN There is no question about that. ment, you have everything you have Mr. BROWNBACK. Mr. President, I But, on the other hand, if you think under the constitutional amendment. ask unanimous consent amendments of the trillions of dollars that were It is just as tough to comply with— No. 9 and No. 18 be withdrawn. saved because the Iron Curtain now has really, tougher—and we exclude Social The PRESIDING OFFICER. Without fallen and freedom has been restored to Security. objection, it is so ordered. the East bloc countries, it probably I guess everything is said that needs The PRESIDING OFFICER. The ma- was worth it. to be said, so I will close and let the jority leader. The blame should be on everybody. I Senator from Utah move to table my f don’t think people should demagog this amendment. issue and stand up and say, ‘‘It is Mr. HATCH. Mr. President, how ORDER OF PROCEDURE Reagan and Bush who did this thing to much time remains? Mr. LOTT. Mr. President, I ask unan- us and created this $5.3 trillion debt.’’ The PRESIDING OFFICER (Mr. BEN- imous consent the Senator from Dela- No, it is a continual, 58-out-of-66-year NETT). The Senator from Utah has 47 ware be allowed to proceed as in morn- unbalanced spending process, during minutes, and the Senator from Arkan- ing business for as long as he may which time the Congress was con- sas has 29 minutes. need. We are waiting for the Demo- trolled by liberals—let me put it that Mr. HATCH. I am prepared to yield cratic leader. We may perhaps inter- way, rather than Democrats and Re- back my time. rupt for some agreements when he ar- publicans—liberals who spent us into Mr. BUMPERS. I yield back the re- rives. bankruptcy. And during all of the mainder of my time. The PRESIDING OFFICER. Without Reagan years, the liberals did the same The PRESIDING OFFICER. All time objection, it is so ordered. thing. has been yielded back. The Senator from Delaware. Had we not continued to spend, those Mr. HATCH. Mr. President, I move to f marginal tax cuts would have brought table and ask for the yeas and nays. us out of the difficulties, except with MEDICARE the possible exception, at least as I The PRESIDING OFFICER. Is there a Mr. ROTH. Mr. President, I rise view it, of the increases in the defense sufficient second? today to draw my colleagues’ attention budget. There is a sufficient second. to an opinion piece by Senator Bob The PRESIDING OFFICER. The Sen- The yeas and nays were ordered. Dole entitled ‘‘Medicare: Let’s Fix It’’ ator from Arkansas. The PRESIDING OFFICER. The that was in last Sunday’s Washington Mr. BUMPERS. Mr. President, I will question is on agreeing to the motion Post. be very brief. A lot of people want to to lay on the table the motion to refer. It is my hope that all my Senate col- catch airplanes, and I do not want to The yeas and nays have been ordered. leagues will read this compelling op-ed. discommode anybody. But let me close The clerk will call the roll. Senator Dole has worked on and ob- by saying the Senator from Utah has The legislative clerk called the roll. served the Medicare Program for many suggested that the constitutional Mr. NICKLES. I announce that the years, and there is much wisdom to be amendment would be so much more ef- Senator from Oklahoma [Mr. INHOFE] is gleaned from his commentary. He is fective than my amendment. necessarily absent. right—we must address Medicare’s But I ask the Senator from Utah, The PRESIDING OFFICER. Are there problems with real solutions while giv- what provision in the constitutional any other Senators in the Chamber de- ing seniors more choices. amendment, Senate Joint Resolution 1, siring to vote? On a personal note, I want to thank is more effective than mine? We cannot The result was announced—yeas 65, my friend for his praise of legislation, ignore the Budget Act; 60 votes is 60 nays 34, as follows: S. 341, recently introduced by Senator votes, whether you are trying to get 60 [Rollcall Vote No. 23 Leg.] MOYNIHAN and myself, to establish a bi- votes to comply with the constitu- YEAS—65 partisan commission on the long-term tional amendment or whether you are Abraham Chafee Gorton solvency problems in the Medicare Pro- trying to get 60 votes to comply with Allard Coats Graham gram. the Budget Act, as my amendment will Ashcroft Cochran Gramm As Senator Dole notes, ‘‘a bipartisan provide. Baucus Collins Grams commission can recommend sound Bennett Coverdell Grassley Let me tell you what one of the dif- Biden Craig Gregg long-term solutions,’’ as evidenced by ferences is. Under my amendment, if Bingaman D’Amato Hagel the 1983 Social Security Commission. you cannot get 60 votes, you shut the Bond DeWine Harkin Mr. President, the proposed national Government down and you wait for the Brownback Domenici Hatch bipartisan commission on the Future Bryan Enzi Helms people here to come to their senses and Burns Faircloth Hutchinson of Medicare would be this type of com- get the Government open, as we did the Campbell Frist Hutchison mission.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1727 Currently, the Medicare Program is These are some of the problems the It’s just plain old-fashioned fairness for af- not in the best of health—its short- and National Bipartisan Commission will fluent beneficiaries to pay a little more (still long-term fiscal problems make it in- address. I believe it will prove to be the way below the actual cost of the care), and our elected leaders should say so. No more of creasingly vulnerable. In January, the intensive treatment needed to cure this strange, silent dance between president Congressional Budget Office projected Medicare’s growing symptoms. There is and Congress where each partner says to the the Medicare trust fund is headed for agreement over the diagnosis, but no other, ‘‘You go first!’’ The president should the emergency room; it will go bank- consensus over the course of treat- propose and a bipartisan majority in Con- rupt in 2001 with a $4.5 billion shortfall. ment. Meanwhile, Medicare’s time runs gress should support appropriate increases in The trust fund is spending more than it short. the Part B premium. is taking in from revenues; this trend It is my hope that by working to- Keep the link between Medicare and Social gether in a bipartisan effort, we can se- Security. Throughout the history of the will continue, creating a trust fund def- Medicare program, the age at which a senior icit of over one-half trillion dollars riously and responsibly address the citizen becomes eligible for Medicare has al- just 10 years from now. And that’s still Medicare issue. Again, I hope my col- ways been the same as the age at which he or before the baby-boomers begin to retire leagues will read Senator Dole’s essay, she becomes eligible for Social Security. in 2010. and consider the issues he raises. That’s as it should be. It makes perfect sense The prognosis is not good. The Medi- The answers to the Medicare problem for these two programs to go hand-in-hand. care trust fund is limping—and soon are not easy and they are not politi- In 1983 the bipartisan Social Security Com- mission, on which I served, recommended will be staggering—into the 21st cen- cally popular. The consequences of delaying treatment are much worse, several fixes to save the Social Security pro- tury. gram that were enacted into law. One fix was This national bipartisan commission though. As chairman of the Senate Fi- slowly to raise the age of eligibility for So- is the medicine needed to restore Medi- nance Committee, I intend for future cial Security to 67. After all, people will live care’s good health. Its recommenda- generations to inherit a robust Medi- longer and retire later than they did earlier tions will help the President and Con- care Program with a clean bill of in the century when the program was cre- gress build the consensus needed to health. The Commission proposed by ated. So, the age of eligibility for Social Se- enact effective policies to preserve and Senator MOYNIHAN and myself is just curity will start to rise a couple of months what the doctor ordered. each year beginning in 2003. We should keep strengthen Medicare. the historical link between Medicare and So- Senator Dole is correct in stating, Mr. President, I ask unanimous consent that a copy of Senator Dole’s op- cial Security, and let Medicare eligibility ‘‘Creating a commission won’t let—the rise with Social Security. President and Congress—off the hook ed be printed in the RECORD. Give senior citizens choice. Medicare bene- to enact needed Medicare changes now There being no objection, the mate- ficiaries should be able to choose the kind of rial was ordered to be printed in the to avoid bankruptcy in 2001.’’ I believe coverage they want. Innovative ideas such as RECORD, as follows: medical savings account should be available, the President and Congress must act as should managed-care plans and tradi- immediately to extend the short-term [From the Washington Post, Feb. 22, 1997] MEDICARE: LET’S FIX IT tional fee-for-service plans. The critical word solvency of the program. here is choice. No one should be forced into (By Bob Dole) I am encouraged by President Clin- any particular health care model. ton’s willingness in his budget package Some politicians make Medicare decisions Let’s let seniors make their own decisions. to address the growth of Medicare with one eye on the next election—some- It’s wrong when some people argue that sen- thing I learned in 1996. Enough already. It’s iors simply are not capable of deciding their spending over the next 5 years. How- time to focus on present beneficiaries and ever, I’m troubled by the administra- own health care coverage and that the gov- the next generation. ernment always knows best. Given the right tion’s use of gimmicks like the home Rhetoric won’t get the job done. Neither kind of information, seniors can decide health transfer and an over reliance on will budget gimmicks nor shell games such what’s best for themselves. The should be cutting provider payments—such poli- as the administration’s proposal to move given the same kind of choices that federal cies are just plastic surgery, masking home health costs from Part A of Medicare employees have been offered for years. The over to Part B. Such accounting gimmicks federal employee health benefits program is deeper problems with a pretty face. have been around for at least as long as the Senator Dole says he has ‘‘never seen a one broad-scale model that shows choice budget deficit. I’ve seen plenty of them, even works. budget gimmick that solved a real pub- tried some, but I have never seen a budget Giving seniors choice could also help hold lic policy problem’’—and neither have gimmick yet that solved a real public policy down costs. Last year health care costs in I. problem. the private sector grew only 2.9 percent In the long-term, Medicare must The fact is, to survive, Medicare will have while health care costs in the public sector fight another potentially crippling to look much different in 10 years from what rose. 8.7 percent—three times as fast. Why is problem. Retiring baby boomers will it looks like today. The program obviously the private sector doing a much better job requires structural changes, not just tin- holding down costs? One reason is free-mar- challenge our ability to maintain our kering around the edges. In his State of the promises to beneficiaries. Today, there ket competition. And choice will spur com- Union address, President Clinton said: ‘The petition, efficiency and lower costs in the are less than 40 million Americans who enemy of our time is inaction.’’ Well, it’s public sector just as it already has in the pri- qualify to receive Medicare. By the time to do what’s right for our nation’s el- vate sector. What’s more, structural changes year 2010, the number will be approach- derly before the president’s words become an that help lower overall costs are the only ing 50 million, and by 2020, it will be epitaph for the Medicare program. way to address Medicare’s long-term prob- over 60 million. Today, there are al- Doing what’s right means doing things dif- lem. ferently in several ways. Remember, we face Cutting providers alone is not the answer. most four workers supporting each re- two major problems with Medicare: a short- tiree, but in 2030, there will be only It seems every time the president and Con- term problem with bankruptcy in 2001 and an gress address Medicare, payments to doctors about two per retiree. even larger long-term financing problem and hospitals get cut. Politically, this is a The demographic progression of the when the baby boomers start retiring in 2010. ‘‘no brainer,’’ since there are millions more Medicare population will not come as a Any Medicare ‘‘fix’’ has to be mindful of beneficiaries than doctors and hospitals. The surprise. We know today what is to be both. I do not have all the answers, but I president’s FY 1998 budget proposal is more expected. would advance a few ideas for consideration. of the same: cuts for doctors and hospitals— To be healthy, the Medicare Program Affluence-test the Part B premium. Yes, and now cuts for HMOs, too, reducing their I’ll say it: Senior citizens who can afford to is in need of structural reform. Since reimbursement rate from 95 percent to 90 pay more should pay more for Part B of percent of average per capita costs. Medicare’s enactment in 1965, there has Medicare. Unlike Part A of Medicare, Part B Some reductions in some areas are no been a great deal of change in the pri- is not financed by payroll taxes. Right now, doubt justified, but you cannot fix the pro- vate health care system in the United Medicare beneficiaries pay premiums that gram by hitting providers alone. You can States—but Medicare remains fun- cover only 25 percent of the cost of Part B of buy a few months or a few years on the damentally unchanged. Medicare is too Medicare. General revenues pick up the tab short-term problem, but it will not solve the rigid and unable to offer the improve- for the remaining 75 percent. If only the long-term problem. In fact, it may exacer- ments in delivery of care and techno- well-to-do beneficiaries, those with incomes bate it. The reductions must be accompanied greater than $60,000 for a single individual by true reimbursement reform. Let’s move logical advances that have been made and $90,000 for a couple, paid a higher pre- more of the program into a prospective pay- in the private sector. Medicare is the mium (say, 50 percent instead of 25 percent— ment system so the incentives for the wise Model T Ford of health care programs as was originally intended in the program), use of services are in place. Let’s pay man- competing in a race car world. we could save $9 billion over five years. aged-care plans a fair amount and be certain

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1728 CONGRESSIONAL RECORD — SENATE February 27, 1997 the care provided is of the highest quality some sort of a schedule for consider- that, and that it would be a thoughtful and that funds meant for teaching and indi- ation of the underlying issues here. and provocative debate that would gent care are spent correctly. The real prob- I note the presence of the distin- cause Members to think seriously lems faced by rural plans as well as by urban guished majority leader on the floor. I about this issue. I think that has hap- providers must be addressed as should Medi- care’s role in paying to train our nation’s await his action on propounding the pened. physicians. unanimous-consent request. I take ad- There has been some suggestion that Form a Medicare commission. It may turn vantage of this break in the action to we put it off, and I thought about that. out that no matter how much is done, it still state my position. If there were some reason to do that, I will not be enough to offset the long-term I yield the floor. would be willing to delay it further. challenge we face with the retirement of the Mr. LOTT. Mr. President, with my But I think we should be ready to vote. huge baby-boomer generation. If the presi- apologies to the Senator from Pennsyl- We have had amendments and the de- dent and Congress cannot agree on how to vania, was there anything I needed to bate, and we would be prepared to do preserve Medicare long term, as a last resort, respond to at this juncture, or would a bipartisan commission should be author- that, then, on Tuesday under this ized. Sen. William Roth and Sen. Daniel Pat- you like to go ahead with the unani- agreement. But, as always is the case, rick Moynihan should be applauded for re- mous-consent request? we need to be aware of and respectful cently proposing legislation to establish Mr. SPECTER. If I may respond to of extenuating circumstances beyond such a commission. As the 1983 Social Secu- the majority leader, there is nothing our control. I will join the Democratic rity Commission demonstrated, a bipartisan for him to respond to. leader in moving the vote to the next commission can recommend sound long-term f morning, or whatever, if we have that solutions. But if some politicians hope they need, based on a genuine illness or fam- can dodge the tough choices by creating a UNANIMOUS-CONSENT commission, I have news for you: It won’t AGREEMENT—S. J. Res. 1 ily problem that could not be avoided. work. Creating a commission won’t let you Mr. LOTT. Mr. President, I just had a f off the hook to enact needed Medicare changes now to avoid bankruptcy in 2001, and discussion with the Democratic leader UNANIMOUS CONSENT even the commission’s recommendations to with respect to the pending balanced AGREEMENT budget constitutional amendment. address the long-term problem will require Mr. LOTT. Mr. President, I ask unan- members of Congress to vote on sticky issues This agreement would allow the Senate imous consent that in the event a mo- and the president to sign or veto the legisla- to conclude the matter on Tuesday, tion to reconsider the final passage tion. March 4. Having said that, I now will vote is entered, and the motion to pro- Mr. ROTH. Mr. President, I suggest propound a unanimous consent for ceed and the motion to reconsider are the absence of a quorum. final disposition of the constitutional agreed to, then at that time Senate The PRESIDING OFFICER. The amendment. Joint Resolution 1 be debatable. clerk will call the roll. I ask unanimous consent that the The PRESIDING OFFICER. Without The legislative clerk proceeded to time between 9:30 a.m. on Tuesday and objection, it is so ordered. call the roll. 12:30 be equally divided between the Mr. LOTT. Mr. President, for the in- Mr. SPECTER. Mr. President, I ask two managers for closing remarks on formation of all Senators, the Senate unanimous consent that the order for Senate Joint Resolution 1. I further will close the debate on the Monday or the quorum call be rescinded. ask that, at 2:15 on Tuesday, there be 1 the Tuesday session of the Senate with The PRESIDING OFFICER. Without hour under the control of the manager a final passage vote occurring on the objection, it is so ordered. on the Democratic side of the aisle, constitutional amendment at 5:15 p.m. with the first 20 minutes under the f on Tuesday, March 4. control of Senator BYRD, to be followed TAX FREE STADIUM BOND I thank my colleagues for their co- by the next hour under the control of FINANCING operation and announce that no votes Senator HATCH, to be followed by the will occur on Friday of this week or Mr. SPECTER. Mr. President, I have next 30 minutes under control of Sen- Monday, March 3. sought recognition to discuss the pend- ator DASCHLE, or his designee, with the ing unanimous-consent request on the final 30 minutes under the control of f tax measure. I do so because of my con- the majority leader or his designee. MORNING BUSINESS cern about a matter which is pressing I further ask that following the con- for my State, in a number of particu- clusion or yielding back of time, a vote Mr. LOTT. Mr. President, I ask unan- lars, most specifically the Wilkes- occur on the passage of S.J. Res. 1 at imous consent that there now be a pe- Barre arena, where financing is being 5:15 p.m. on Tuesday, and that para- riod for the transaction of morning held up because legislation has been in- graph 4 of rule XII be waived and all business with Senators permitted to troduced by Senator MOYNIHAN, which occur without intervening action. speak for up to 5 minutes each. has an effective date on the date of Mr. DASCHLE. Mr. President, the The PRESIDING OFFICER. Without committee action, and bond counsel majority leader and I have had the op- objection, it is so ordered. have, as I understand it, given an opin- portunity to discuss this matter, and I f ion that industrial development bonds concur with the unanimous-consent re- cannot be issued from the State. quest, with the understanding—which INVESTIGATE CONGRESSIONAL After discussing the matter with we have discussed—that if there is a ABUSES Senator MOYNIHAN, it is my under- family emergency or an illness that Mr. KERRY. Mr. President, today on standing that he is concerned about would preclude a Member from having the front page of the Washington Post the statutory limits on other tax-ex- the opportunity to vote on such an im- there is a story that I think should not empt bonds, which would affect hos- portant issue as this, that we would re- simply slide by the concern and consid- pitals and universities. It is a relative visit the issue. I don’t anticipate that. eration of all our colleagues in the Sen- rarity that a tax bill comes through I expect 100-percent attendance. And, ate. The headline is, ‘‘GOP Senators the Senate. This is an occasion where I as I say, we have had that under- Seek To Curb Panel’s Fund-Raising would have an opportunity to intro- standing in our discussion also. So I do Probe.’’ duce an amendment to try to move this not object. The heart of the story is a basic ex- process along. I am well aware of the The PRESIDING OFFICER. Is there pression, on behalf of some Senators, fact that this is an important measure objection? that they only want to focus on Presi- which needs to be cleared through the Without objection, it is so ordered. dent Clinton. They do not want an in- Senate. But I wanted to take this op- Mr. LOTT. Mr. President, if I could vestigation that somehow looks into portunity—and I have so advised our just comment on the Democratic lead- the activities of the Congress itself. distinguished majority leader of my in- er’s comments of a moment ago. First I know the Congress is plenty good at tention—when the unanimous-consent of all, I think we have had a good and taking care of itself. Through history request is propounded, to reserve the full debate on this issue. I said from it has proven that. But the American right to object to see if we might get the beginning that I hoped we would do people will not be satisfied with such

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1729 an extraordinary, brazen, overt state- been the presumption that funds for I yield the floor. ment of unwillingness to heed the in- those programs would be used to ele- f terests of the American people and to vate, encourage, enrich and extend the MEDICAL SAVINGS ACCOUNTS get to the bottom of any allegations of lives of American citizens. It turns out wrongdoing in any kind of fundraising. now that with this one law in one Mr. ROTH. Mr. President, as part of Anyone who suggests we can just sweep State, we will be asked for Federal re- the Kassebaum-Kennedy health care this under the rug because people are sources for medical reimbursements legislation, passed in the 104th Con- nervous up here, or somehow they under the health care provided by Or- gress, we provided for a pilot program think that looking at congressional in- egon’s Medicaid program, to end the to explore the potential of medical sav- quiries might become the instigator of lives of individuals, to help physicians ings accounts. reform, and therefore, because they help patients commit suicide. These MSA’s represent a significant don’t want reform, they are not going Senator DORGAN and I, and 28 of our step forward in our objective to pro- to investigate, is one of the most ex- colleagues, have sponsored legislation mote an environment where Americans traordinary efforts of turning your to prevent such a practice—to prohibit can receive quality and affordable back on the interests of what we are Federal tax dollars from being ex- health care in market-based programs. supposed to be doing here and of the pended for assisted suicide. Our legisla- MSA’s would allow families to partici- American people. tion had an imperative quality because pate in higher deductible, lower pre- I will signal for myself, and I think the decision of an appeals court was mium plans. there are other Senators who feel this pending. But today the Ninth Circuit The money saved on premiums would way—no one is looking for some no- Court of Appeals dismissed the action be placed in tax-sheltered MSA ac- which had suspended the implementa- holds-barred embarrassment here. No counts. Families could then use this tion of the Oregon law. The Ninth Cir- one is looking for some fishing expedi- money to pay for health care costs. cuit Court of Appeals, in so doing, po- tion. But where there are legitimate They would have a greater stake in the tentially clears the way for the State examples and legitimate allegations health care delivery system. Their vig- of Oregon to begin calling upon the re- with respect to congressional abuses, it ilance—as they use their own money— sources of U.S. taxpayers to assist peo- would simply be inappropriate for the would encourage health care providers ple in their suicides. to keep costs competitive and quality Congress of the United States to sweep I have to tell you, this is against the it under the rug and walk away be- high. values of many of the people with MSA’s would also go a long way to- cause we fear whatever that might tell whom I speak and many of those I rep- ward cutting the high costs associated us. It would be even more inappro- resent in the State of Missouri. Key with health care administration. priate to do so because we fear reform. groups and organizations, including the It’s projected that as families play a I can think of nothing that would in- U.S. Catholic Bishops, the National more active role in paying for their vite a storm of protest from the Amer- Right to Life, and the American Med- health care, because of the high de- ican people over a period of time more ical Association, oppose assisted sui- ductible nature of MSA’s, that less than that kind of front page statement cide, and oppose the use of Federal than 10 percent of those using MSA’s about the congressional willingness to funds for such a practice, as it is an in- would send a bill to their insurance. In- sweep something under the rug. appropriate expenditure of tax dollars. I yield the floor. Mr. President, 87 percent of the surance company involvement would f American public does not want tax dol- come only after the deductible has been met, or in the case of a cata- REINSTATEMENT OF OREGON LAW lars spent on dispensing toxic drugs to end the lives of Americans instead of strophic illness. RELATING TO PHYSICIAN-AS- As we look for innovative and work- SISTED SUICIDE focusing our resources on therapeutic drugs and other therapies to extend able programs to help Americans meet Mr. ASHCROFT. Mr. President, there and improve the life of American citi- the costs associated with health care, are developments in a matter that I zens. It is time for us to understand the MSA’s offer a viable and attractive think command our attention. I would urgency of this issue, given the fact the possibility. I anxiously await the re- like to bring them to the attention of Ninth Circuit Court of Appeals rejected sults from the pilot program we initi- the Senate. the challenge to Measure 16. ated, as well as response from our Recently, Senator DORGAN and I, Now, the dismissal of the action is health care community. joined by 28 of our colleagues, intro- appealable by the parties there. They Recently, I received a letter and an duced S. 304, the Assisted Suicide can appeal back to the Ninth Circuit article from two academics associated Funding Restriction Act. It is simply a for a hearing en banc, or to the U.S. with the allied health profession field. law that says no Federal tax dollars Supreme Court. But I raise this in the Amy B. Hecht, former dean of the Tem- shall be used to promote or pay for as- consciousness of the U.S. Senate to say ple University College of Allied Health sisted suicide. we do not have a significant amount of Professions and James L. Hecht, pro- There had been a threat that we time, and I believe the vast majority of fessor in the political science depart- might be asked to pay for assisted sui- citizens in this country never antici- ment at Temple, authored an impres- cide with Federal Medicaid funds in the pated that their tax resources would be sive overview of MSA’s. State of Oregon. Oregon enacted what consumed in poisoning fellow citizens I ask unanimous consent that their was called Measure 16, which allowed under the guise of comfort care in the article be printed in the RECORD. for physician-assisted suicide for ter- State of Oregon. There being no objection, the mate- minally ill patients in that State. Or- We would be derelict in our duty rial was ordered to be printed in the egon officials stated that they would be were we to ignore this problem and RECORD, as follows: submitting Medicaid bills to the Fed- allow a few officials in one State to de- RX FOR HEALTH REFORM—MEDICAL SAVINGS eral Government to pay for assisted cide that taxpayers all across America ACCOUNTS GIVE CONSUMERS A STAKE IN CUT- suicide under the category of ‘‘comfort must help subsidize a practice that has TING COSTS care,’’ a euphemism which is particu- never been authorized in most of Amer- (By James L. Hecht and Amy Blatchford larly troubling to me. ica, is considered to be morally abhor- Hecht) After Oregon passed Measure 16, its rent by many Americans, and is consid- Horror stories constantly are being re- implementation was suspended by U.S. ered to be medically inappropriate by ported by the media about how America’s District Judge Michael Hogan, in Eu- the American Medical Association. Be- rapidly changing health care system has gene, OR. While the law was not in ef- cause of today’s decision, I implore my caused disastrous results for some and suf- fect, we would not be asked to pay Fed- colleagues in the U.S. Senate to act fering for many. That is not surprising since eral dollars, tax dollars of American swiftly to pass the Assisted Suicide tens of millions of people are being forced into managed care, where they have far less citizens, to end the lives of individuals Funding Restriction Act before our tax control than under the previous fee-for-serv- rather than to sustain their lives. dollars begin to go for ending, and not ice system. Throughout the history of the Med- saving, the lives of our fellow Ameri- Unfortunately, little has been said about icaid and Medicare Programs, there has cans. an alternative: having people pay for normal

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1730 CONGRESSIONAL RECORD — SENATE February 27, 1997 health care expenses directly from tax-shel- ployers are shifting health benefits in this Currently, the Government Printing tered Medical Savings Accounts. Much of direction. In fact, a good HMO usually will Office is charged under title 44 with the what has been said has been directed at be the best option for people who are not management of the Federal Govern- MSAs’ one disadvantage as opposed to their careful consumers. However, people who ment’s procurement of information many advantages. value control over their health decisions, or Employers are the vector for the rapid who do not have access to a good HMO, usu- products and with the maintenance of transition to managed care. The cost of med- ally would be better off with an MSA and the public’s access to these products— ical care in the United States has been more fee-for-service. through the Federal Depository Li- than 30 percent more per capita than any- Competition between managed care and brary System, through the GPO Book- where else in the world. Thus American com- MSAs is another important reason to shelter store Program, and through GPO ac- panies are under enormous pressure to cut MSAs from taxes. Competition solely be- cess, the on-line service of the Govern- tween HMOs and other managed care plans health costs since they have become a major ment Printing Office. expense and a disadvantage against foreign will not necessarily result in good, cost-ef- competitors. Moreover, large expenditures fective health care. There was fierce com- In recent years, however, various have not produced better health as measured petition between General Motors, Ford and Federal agencies have taken to ignor- by criteria such as life expectancy and infant Chrysler, but until Japanese automakers ing title 44. Some are procuring their mortality rates. captured a significant share of the market, information products directly from the Some of the America’s high costs results American manufacturers produced inferior private sector without going through cars and did not control costs as efficiently. from its leadership in using technology to the GPO’s private sector procurement provide the best care in the world for those Today, doctors are being offered financial in- who are able to take advantage of it. That is centives to decrease patient care. Tax-shel- program. Others are setting up in- desirable. But there is another reason why tered NSAs and fee-for-service could shift in- house facilities to create their own in- health costs in the United States have got- centives where they belong: bonuses for bet- formation products. In addition, a few ten out of control: an enormous government ter patient outcomes. agencies, in an effort to be entrepre- subsidy which encourages payment by insur- While tax-sheltered MSAs will provide bet- neurial, have taken to making arrange- ance. ter care at greatly reduced costs for most Americans, they would not be good for those ments with organizations outside the Providing most health care payments Federal Government for the dissemina- through insurance makes as little sense as with chronic illnesses requiring costly, long- having homeowners’ insurance cover mainte- term treatments. This is why they were option of taxpayer-funded information. In nance. The purpose of insurance is to protect posed by Senate Democrats and President doing so, this information has become against expensive catastrophes. Home main- Clinton. The chronically ill would lose copyrighted, or had copyright-like re- tenance costs are significant, but can be han- money with MSAs (although some might strictions imposed upon it. The net re- dled more economically and satisfactorily still choose one in order to exercise greater sult is that the public’s access to tax- without a third party involved. control), and their alternatives would cost more than at present because health care payer-funded information has been But in the case of health care, insurance greatly restricted. paid by employers became the standard fol- plans would serve sicker populations with lowing World War II because employers were higher than average expenses. Mr. President, the Government able to shelter part of their employee com- So in fairness, legislation creating tax- Printing Office’s Superintendent of pensation from taxes by providing health in- sheltered MSAs should include a benefit for Documents, Mr. Wayne Kelley recently the chronically ill to offset their higher surance that covered normal expenses. Thus delivered a speech on this issue. In his costs. It might be a credit for families who the U.S. government subsidized a health care had out-of-pocket health expenses greater remarks, Mr. Kelley provided specific system financed unlike any other in the than some percentage of gross income in the details and raised a number of impor- world. As costs of new treatments increased previous two years. The credit might be for tant questions about these activities and options for care expanded, costs sky- expenses greater than 7.5 percent of gross in- rocketed but were not matched by improved and their detrimental effect on the come, which is the current medical and den- results. American public. tal deduction on the federal income tax. The That is why tax-sheltered contributions to credit also should have a cap on the amount I ask unanimous consent that Mr. Medical Saving Accounts, whether made by of expenses that qualify. Kelley’s speech before the Government an employer or individual, make sense. Con- And legislation should be enacted as soon Documents Roundtable, Federal Docu- sumers should have the option of admin- as possible, instead of waiting years for the ments Task Force, of February 15, 1997, istering their own medical bills, barring cat- results of a small trial program established astrophic costs, while receiving the same be printed in full at the conclusion of under the Kassebaum-Kennedy Bill. The trial this statement. government subsidy given to employer-paid is unlikely to yield definitive results. insurance and managed care. No legislation will be a panacea for all The PRESIDING OFFICER. Without People with MSAs would have insurance, health care problems. But Medical Savings objection, it is ordered. but it would only cover expenses after a de- Accounts are a simple way to provide better, (See exhibit 1.) ductible of at least $2,000. Thus, less than 10 more cost-effective care for many Ameri- percent of those with MSAs would send a sin- cans. This in turn will contribute to a polit- Mr. WARNER. Mr. President, the gle bill to their insurance company in a sin- ical and economic environment more condu- Senate Committee on Rules and Ad- gle year. That’s one huge advantage of cive to keeping the promise of decent health ministration, which also is chaired by MSAs: a big decrease in the costs of health care for all. the senior Senator from Virginia, will care administration. Studies indicate that f hold 2 days of hearings later this spring administration of third-party payments ac- on legislation to correct this situation counts for well over 20 percent of health THE GROWING CRISIS IN PUBLIC and to reform other areas of title 44. costs. Billions of dollars spent on paperwork ACCESS TO PUBLIC INFORMATION would be saved. And that does not include It is this Senator’s intention that the time and aggravation consumers spend Mr. WARNER. Mr. President, on Feb- this legislation will be supported on a to get reimbursement. ruary 11, in his capacity as chairman of bicameral and bipartisan basis, and MSAs might cause some people to skimp the Joint Committee on Printing, the that the administration will fully sup- on preventive care. But insurance policies senior Senator from Virginia testified port it as well. for catastrophic care could cover periodic before the U.S. House of Representa- physical exams, Pap tests and prenatal care tives Legislative Branch Appropria- Mr. President, the strength of Amer- because they effectively prevent expensive tions Subcommittee. ica’s system of government lies with an medical problems. The purpose of that testimony was to informed public. Free and open access Meanwhile, people paying their own bills to information created at taxpayer ex- are more likely to compare prices when a provide justification for the Joint Committee’s Fiscal Year 1998 appro- pense is the principle which has en- physician orders tests. Some will question abled the United States to endure and the necessity of recommended tests. Nurse priations request, and to outline the practitioners and physician assistants would priorities of the Joint Committee in prosper for over 200 years, making this be used more since their fees are far lower the current and future fiscal years. Nation the oldest, continuous, con- than physicians’. Savings of tens of billions Chief among the Joint Committee’s stitutional democratic republic in the more would result from giving consumers a priorities are reform of Title 44 U.S.C., world. stake in reducing costs. and the implementation of means to Members of Congress have a responsi- Plus, having people pay directly for much of their health care will be a powerful force assure that the American public con- bility to our Founding Fathers, to our for choosing healthier lifestyles. tinues to retain access to information citizenry, and to future generations to Many of these same advantages can be created by the Federal Government at ensure that this principle is main- achieved by managed care, which is why em- taxpayer expense. tained.

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EXHIBIT 1 I have here the November 20 issue of the ‘‘congressional action is urgently needed to REMARKS OF WAYNE KELLEY, Journal which I purchased from the main resolve Federal information issues and to set SUPERINTENDENT OF DOCUMENTS GPO Bookstore. Maybe this last, public do- the direction of Federal activities for years main issue has some historical value. to come.’’ Now, eight years later, there is I’d like to take a few minutes this morning Looking through the Journal, a number of some talk of legislation to update Federal to discuss a growing trend to transfer Fed- questions come to mind. I note that the Information Policy to the Electronic Era. eral Government information from the pub- masthead lists some 26 staff members. The critical issues at stake today are pres- lic domain to private ownership. I wonder if the editorial and news staff is ervation of official information, public ac- This is happening in a number of ways. One still being paid by the American taxpayer, cess, Government accountability, and an in- is for agencies to establish exclusive or re- but working for the Oxford University Press? formed electorate. Americans should not strictive distribution arrangements that I wonder if the Oxford Press is sharing reve- pass up this opportunity to define their own limit public access to information. Another nues from the new, higher subscription rate information future. is to charge fees or royalties for reuse or re- with the National Cancer Institute? I wonder Those best positioned to know the value dissemination of public information. In some if copyright will prevent a librarian from and power of information should take the recent cases government publishers have ac- sending a copy of an article to another li- lead. It is not an easy issue for the media be- tually assisted in transferring copyright to brarian? cause it lacks the essential elements of hot the new owner. I have no way of knowing the answers to news. It is more significant than sensational. Let me give you an example. For many these questions—because the details of the It is not an easy issue for politicians be- years, the National Cancer Institute pro- Cooperative Research and Development cause there is no visible crisis and framing cured the printing of its Journal of the Na- Agreement are not public information, ac- sound policy seldom delivers votes. tional Cancer Institute through the Govern- cording to NCI legal counsel. So it may be up to those among us who by ment Printing Office. The Superintendent of Unfortunately, this is not an isolated case. nature are reluctant to get out front. Re- Documents Sales Program sold subscriptions There are other recent examples of informa- member those riveting lines of Yeats: ‘‘The to the Journal and it was distributed to Fed- tion gathered by government employees dis- best lack all conviction, While the worst are eral Depository Libraries at GPO expense. appearing from the public domain—for a full of passionate intensity.’’ Let’s not let In 1987, NCI made the semimonthly Jour- price. I worry that these cases will become that happen. nal a more current, higher-quality cancer re- precedents and the precedents will set an ir- Before it is too late, let the debate begin. search publication. It was heavily promoted reversible trend. by our Office of Marketing in coordination I want to make it clear that I do not ques- JOURNAL OF THE with the NCI staff. By 1992, the Journal was tion the motives or goals of the agency pub- NATIONAL CANCER INSTITUTE, selling 6,240 copies at an annual subscription lishers who take this course. They are doing January 2, 1997. of $51, and was distributed free to more than what they feel is right in a new environment Ms. ROBIN HAUN-MOHAMED, 800 selecting depository libraries throughout which calls for cutting costs and generating Chief, Library Program Service, the nation. It had achieved recognition as revenues. They are seeking to preserve valu- U.S. Government Printing Office (SLLA), Wash- ‘‘the number one journal’’ in its field, pub- able information. ington, DC. lishing the best original research papers in But what if this new trend drives future DEAR MS. HAUN-MOHAMED: As you know, oncology from around the world. Federal Government Information Policy? the Journal of the National Cancer Institute In 1993, the National Cancer Institute noti- Since the founding of our nation, the corner- has been privatized, and effective January 1, fied us that they were developing a ‘‘Consoli- stone of information policy in the United 1997, ownership of the Journal will be trans- dated Services’’ concept making all print States has been the principle of universal ac- ferred from the National Cancer Institute to and electronic data information available cess to Federal information. This principle is Oxford University Press-USA, Inc. Under the only through an ‘‘Information Associates being set aside without many of the usual terms of a Cooperative Research and Devel- Program.’’ GPO could no longer sell sub- checks and balances in our democratic soci- opment Agreement signed by the two organi- scriptions at $51. The only way to get a sub- ety: Without any high level policy debate, zations, the name of the publication will be scription was to buy an Associates Program without clear rules, without thought to un- retained, and Oxford will assume all respon- membership from NCI for $100. NCI agreed to intended consequences, and often without sibility for printing the Journal and will supply depository copies at the agency’s ex- full public disclosure of the negotiations and hold copyright to the Journal’s content. pense. GPO continued to sell individual cop- agreements. Because the Journal is no longer a publica- ies in bookstores at $7 each. In December Is all Federal information with sufficient tion of the U.S. Government, copies of the 1994, the International Cancer Information demand going to be sent to market? If so, we Journal and JNCI Monographs will not be Center, publisher of the Journal, received a should think about what that means. provided to the Depository Library Program Federal ‘‘Hammer’’ award for its new Infor- Does it mean that a Government agency nor will sale copies be available at the GPO mation Associate Program. may sell its name as well as its information? bookstore. Nonprofit organizations, however, Then, a disturbing development. Just a few Does it mean that a wide array of private will be able to subscribe to the Journal at re- week ago, in a letter dated January 2, our sector publishers will no longer have access duced rates. Library Program Service was notified that to the information to add value and redis- For more information on subscriptions to the Journal had been ‘‘privatized.’’ Owner- tribute it to many different markets in dif- the Journal, call 1–800–852–7323 or 919–677– ship was transferred from the National Can- ferent products? 0977. Does it mean the public consumer must cer Institute to Oxford University Press— We appreciate the service the Depository pay two or three times as much, or more, for USA, Inc. The letter said: ‘‘Under the terms Library Program has provided in dissemi- the same information? of a Cooperative Research and Development nating the Journal and JNCI Monographs for Does it mean that agency publishers will many years. Agreement signed by the two organizations, focus their attention on more popular, mar- the name of the publication will be retained, Sincerely, ketable information and eliminate other, JULIANNE CHAPPELL, and Oxford will assume all responsibility for perhaps more significant but less marketable printing the Journal and will hold copyright Chief, Scientific Publications Branch, information? International Cancer Information Center. to the Journal’s content.’’ Does it mean that programs authorized by The letter went on to explain that ‘‘be- Congress will begin to move away from pub- f cause the Journal is no longer a publication lic needs, to focus instead on market needs of the U.S. Government, copies of the Jour- A TRIBUTE TO STEVEN J.W. never contemplated by our elected represent- HEELEY nal and JNCI Monographs will not be pro- atives? vided to the Depository Library Program nor Does it mean Government employees work- Mr. CAMPBELL. Mr. President, I will sale copies be available at the GPO ing at taxpayer expense to support the infor- come to the floor today with mixed bookstore.’’ The new price, from Oxford, is mation requirements of private firms? And emotions. I’m glad because a colleague $120 for an individual and $150 for an institu- isn’t that corporate welfare? is moving on to new opportunities, but tion. And what if the Journal of the National I’m also saddened by the fact that the The last paragraph in this brief letter said: Cancer Institute, now owned by the Oxford ‘‘We appreciate the service the Depository University Press, does not meet the profit Senate, and in particular the Com- Library Program has provided in dissemi- goals of the new owner? Does it mean that mittee on Indian Affairs, is losing a nating the Journal and JNCI Monographs for instead of a ‘‘Hammer’’ award, there will be great friend, Steven Heeley. many years.’’ the ‘‘axe’’ usually awarded sub-par per- Steve’s work on native American Looking back, I do not regret that we at formers in the market place? issues goes back many years, to when GPO invested our resources in promoting the Who represents the public in a Bottom-line he started with Senator MCCAIN as the Cancer Journal in the late 1980s. Nor do I re- Information Era? What is to prevent our na- deputy minority staff director and gret assisting in the transfer of subscribers tion’s bridge to the 21st Century from turn- Counsel for the Senate Indian Affairs to the Information Associates Program in ing into a toll bridge for Government infor- 1993. But I do regret the loss of this valuable mation? Committee in 1989. He moved across resource to American citizens through the In 1989, the late Office of Technology As- the Hill to the House of Representa- depository library program in 1997. sessment, may it rest in peace, declared that tives, where I first had the pleasure of

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1732 CONGRESSIONAL RECORD — SENATE February 27, 1997 working with him, when Steve served team, who last night clinched their $1,048,207,000,000 which reflects a debt as the deputy counsel on Indian affairs first Big Ten title in 15 years. increase of more than $4 trillion— for the Committee on Interior and In- As you know, the Golden Gophers de- $4,297,383,198,251.20—during the past 15 sular Affairs under Chairman GEORGE feated the Michigan Wolverines 55 to years. MILLER. Later he became the counsel 54, in a hard-fought, come-from-behind f to the Subcommittee on Native Amer- victory. Down by four with under a MESSAGES FROM THE PRESIDENT ican Affairs of the Natural Resources minute to play, the Gophers’ con- Committee of the House. Steve re- fidence, determination, and faith led Messages from the President of the turned to the Senate Committee on In- them to victory. This is truly an ac- United States were communicated to dian Affairs in 1995 to become Chair- complishment that all Minnesotans the Senate by Mr. Williams, one of his man MCCAIN’s staff director and chief can be proud of. Under the leadership secretaries. counsel. of coach Clem Haskins, the Gophers EXECUTIVE MESSAGES REFERRED His lengthy list of accomplishments have shot, rebounded, and passed their As in executive session the Presiding represents the kind of man Steve is: way into the national spotlight as a Officer laid before the Senate messages hard working and committed to Indian team to be taken seriously in the up- from the President of the United Country. Steve’s work on environ- coming NCAA tournament. States submitting sundry nominations mental issues in Indian country in- With the great play of senior guard which were referred to the Committee cludes the Clean Water and Clean Air Bobby Jackson, junior guard Eric Har- on Armed Services. Act amendments, solid waste disposal, ris, junior forward Sam Jacobson, and (The nominations received today are leaking underground storage tanks and senior co-captain centers John Thomas printed at the end of the Senate pro- the Indian Environmental General As- and Trevor Winter, along with the rest ceedings.) sistance Program Act. His broad range of the Big Ten championship team, the f of knowledge was crucial in passing the Golden Gophers have set a school REPORT OF THE NOTICE OF THE Self-Determination Act amendments, record 25 victories in a single season, CONTINUATION OF THE NA- as well as self-governance legislation, with three regular season games to TIONAL EMERGENCY RELATING the Indian Gaming Regulatory Act and play. Among the notable accomplish- TO CUBA—MESSAGE FROM THE the Navajo-Hopi Settlement Act. ments this team has achieved have PRESIDENT—PM 18 Steve’s work to reauthorize the In- been their two victories over Michigan, dian Health Care Improvement Act, his an overtime victory over Indiana, and The PRESIDING OFFICER laid be- work with tribal courts and the Native a season sweep over our border rival fore the Senate the following message American Graves Protection and Repa- Iowa Hawkeyes. This team has been on from the President of the United triation Act show his concern for na- a mission all year to gain respect, not States, together with an accompanying tive Americans and most important, only from the Big Ten but also from report; which was referred to the Com- our mutual heritage. The work that the Nation, after having all its starters mittee on Banking, Housing, and has been important to Steve was the returning from last year from a team Urban Affairs. work that was important to Indian that was not invited to play in the To the Congress of the United States: people across this country. Much of his NCAA tournament. As you can see, Section 202(d) of the National Emer- work, including reorganizing the Bu- these Golden Gophers took matters gencies Act (50 U.S.C. 1622(d)) provides reau of Indian Affairs and amendments into their own hands and earned the for the automatic termination of a na- to the Indian Gaming Regulatory Act qualifying bid from the NCAA by win- tional emergency unless, prior to the is not yet complete, but his mark will ning the Big Ten title outright. anniversary date of its declaration, the certainly be on the changes when they From the land of 10,000 frozen lakes, President publishes in the Federal Reg- do occur. this Minnesota Golden Gopher basket- ister and transmits to the Congress a Steve’s work on behalf of Indian peo- ball team has provided warmth and ex- notice stating that the emergency is to ple goes back before his time here in citement to fans statewide in an other- continue in effect beyond the anniver- Washington. He served as the assistant wise very cold and long Minnesota win- sary date. In accordance with this pro- general counsel for the Gila River com- ter. Again, Mr. President, I want to vision, I have sent the enclosed notice, munity in Arizona and was a staff at- congratulate Clem Haskins and his Big stating that the emergency declared torney for the Four Rivers Indian Ten championship team from the Uni- with respect to the Government of Legal Services Program at Gila River. versity of Minnesota, and wish them Cuba’s destruction of two unarmed Now, Steve is going back to Arizona, all the best in their final regular sea- U.S.-registered civilian aircraft in where I’m sure he’s been missed, as son games and when they go for it all international airspace north of Cuba on we’re going to miss him here. in the upcoming NCAA tournament. February 24, 1996, is to continue in ef- I would like to offer my personal Mr. FORD. Will the Senator yield for fect beyond March 1, 1997, to the Fed- thanks to Steve for the invaluable a question? eral Register for publication. service he has provided to me as I took Mr. GRAMS. I am happy to yield. WILLIAM J. CLINTON. over as Chairman of the Indian Affairs Mr. FORD. Does the Senator know THE WHITE HOUSE, February 27, 1997. Committee. His wise counsel to both where Clem Haskins got his training? f me and my staff has made a difficult Western Kentucky University. He was job more easy and has helped to make also a coach at Western Kentucky Uni- MESSAGES FROM THE HOUSE sure that the leadership Senator versity. I am tickled to death that he ENROLLED JOINT RESOLUTION SIGNED MCCAIN brought to this committee will gave such improvement to the great At 2:04 p.m., a message from the continue. State of Minnesota. House of Representatives, delivered by Steve has been an outstanding advo- Mr. GRAMS. So are we. Mr. Hays, one of its reading clerks, an- cate, leader, and friend to Indian coun- Thank you, Mr. President. nounced that the Speaker has signed try. On behalf of all of us who have f the following enrolled joint resolution: been lucky enough to work him, we THE VERY BAD DEBT BOXSCORE H.J. Res. 36. Joint resolution approving the thank him, we wish him good luck, and Presidential finding that the limitation on we look forward to working together Mr. HELMS. Mr. President, at the obligations imposed by section 518A(a) of the again. close of business yesterday, Wednes- Foreign Operations, Export Financing, and f day, February 26, the Federal debt Related Programs Appropriations Act, 1997, stood at $5,345,590,198,251.20. is having a negative impact on the proper SALUTE TO THE BIG TEN CHAM- One year ago, February 26, 1996, the functioning of the population planning pro- PIONS MINNESOTA GOLDEN GO- Federal debt stood at $5,016,711,000,000. gram. PHERS Five years ago, February 26, 1992, the The message also stated that the Mr. GRAMS. Mr. President, I rise Federal debt stood at $3,828,590,000,000. House has passed the following bills, in today and I want to pay tribute to the Fifteen years ago, February 26, 1982, which it requests the concurrence of University of Minnesota basketball the Federal debt stood at the Senate:

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1733 H.R. 497. An act to repeal the Federal char- Whereas, the medical treatment costs of as the Base Closure and Realignment Report ter of Group Hospitalization and Medical breast cancer nation-wide total over six bil- of 1995 on July 13, 1995; and Services, Inc., and for other purposes. lion dollars annually; and Whereas, the commission’s report indi- H.R. 624. An act to amend the Armored Car Whereas, underfunded research into the cated that the Tobyhanna Army Depot can Industry Reciprocity Act of 1993 to clarify causes of breast cancer have not yet deter- perform the ground communications-elec- certain requirements and to improve the mined a cause, prevention, or cure for the tronics workload just as efficiently and more flow of interstate commerce. disease; and cost effective than the Sacramento Air Lo- H.R. 668. An act to amend the Internal Whereas, research into the cause and cure gistics Center; and Revenue Code of 1986 to reinstate the Airport for all cancers totals only one-tenth of one Whereas, the Tobyhanna Army Depot has and Airway Trust Fund excise taxes, and for percent of the federal budget; and proven to be one of the United States’ most other purposes. Whereas, the Senate and House of Rep- cost-effective installations; and resentatives of the State of Washington Whereas, the transfer of the ground com- ENROLLED BILL SIGNED munications-electronics workload to the At 4:45 p.m., a message from the honor and support the American Cancer So- ciety’s ‘‘Campaign 2.6’’ signature drive: Now, Tobyhanna Army Depot would involve the House of Representatives, delivered by therefore, your Memorialists respectfully movement of approximately 900 positions to one of its clerks, announced that the pray that the President of the United States the Tobyhanna Army Depot; and Speaker has signed the following en- and members of the United States Congress Whereas, these 900 positions constitute a rolled bill: recommit to eradicating breast cancer by in- significant staff complement for the Tobyhanna Army Depot, although these 900 H.R. 499. An act to designate the facility of vesting two billion six million dollars in breast cancer research between now and Jan- positions represent less than 10% of the total the United States Postal Service under con- complement based at the Sacramento Air struction at 7411 Barlite Boulevard in San uary 1, 2000, and mandate that cancer activ- ists be among those who decide how that Logistics Center; and Antonio, Texas, as the ‘‘Frank M. Tejeda Whereas, the Tobyhanna Army Depot is money is appropriated; be it Post Office Building.’’ northeastern Pennsylvania’s largest em- Resolved, That Copies of the Memorial be ployer, and the transfer of these 900 positions The enrolled bill was signed subse- immediately transmitted to the Honorable would represent an important influx to the quently by the President pro tempore William J. Clinton, President of the United [Mr. THURMOND]. regional economy; and States; the Honorable Patty Murray, United Whereas, the Tobyhanna Army Depot has States Senator; the Honorable Linda Smith, At 6:16 p.m., a message from the the capacity, capability and skills necessary United States Representative; John Seffrin to immediately perform a significant portion House of Representatives, delivered by of the American Cancer Society National of the Sacramento Air Logistics Center’s Ms. Goetz, one of its reading clerks, an- Home Office; Sherry Bailey of the American ground communications-electronics work- nounced that pursuant to the provi- Cancer Society National Home Office; Fran load; and sions of 15 U.S.C. 1024(a), the Speaker Visco of the National Breast Cancer Coali- Whereas, the Base Closure and Realign- tion; Willie Stewart, Chairman of the Board ment Report of 1995 required that the Presi- appoints the following Members of the of Directors, Western Pacific Division of the House to the Joint Economic Com- dent of the United States initiative workload American Cancer Society; Ann Marie transfers no later than July 13, 1997, and mittee: Mr. MANZULLO, Mr. SANFORD, Pomerinke, Chief Executive Officer, Western complete those transfers no later than July Mr. THORNBERRY, Mr. DOOLITTLE, and Pacific Division of the American Cancer So- 13, 2001; and Mr. MCCRERY. ciety; Theresa Miller of the Breast Cancer Whereas, at the recommendation of the f Task Force of the Western Pacific Division Secretary of Defense, the President of the of the American Cancer Society; Deb Schiro United States of America accepted these de- MEASURES REFERRED of the division office of the Western Pacific cisions; and The following bill was read the first Division of the American Cancer Society; the Whereas, the transfer of the 900 ground and second times by unanimous con- President of the United States Senate; the communications-electronics positions to Speaker of the House of Representatives, and Tobyhanna Army Depot has not been initi- sent and referred as indicated: each member of Congress from the State of ated, even though this transfer was approved H.R. 624. An act to amend the Armored Car Washington. by the President of the United States and Industry Reciprocity Act of 1993 to clarify shown to be in the interests of cost-effective- certain requirements and to improve the POM–34. A resolution adopted by the Sen- ness and military efficiency; and flow of interstate commerce; to the Com- ate of the Commonwealth of Pennsylvania; Whereas, it is apparent that leaders in the mittee on Commerce, Science, and Transpor- to the Committee on Armed Services. state of California seek to delay or prevent tation. RESOLUTION the movement of the ground communications-electronics workload to Tobyhanna; f Whereas, the Base Closure and Realign- and ment Commission was created pursuant to MEASURE PLACED ON THE Whereas, the Commonwealth of Pennsyl- the Defense Base Closure and Realignment CALENDAR vania has been severely impacted by the De- Act of 1990 to study the viability of United partment of Defense base closure process in The following measure was read the States military installations and to issue re- each round from 1988 to 1996 and has not ports regarding the closure and realignment first and second times by unanimous sought special protection from these im- of select installations; and consent and placed on the calendar: pacts; and Whereas, the commission thoroughly re- H.R. 668. An act to amend the Internal Whereas, these efforts by the elected offi- viewed data and input from all interested Revenue Code of 1986 to reinstate the Airport cials of California will violate the intention parties, including the Department of De- and airway trust fund excise tax, and for of the 1995 Defense Base Closure and Realign- fense, which recommended Tobyhanna Army other purposes. ment Commission, negate annual savings of Depot for increased mission responsibility; f $160 million and impact the readiness of the and nation’s armed forces; Therefore be it PETITIONS AND MEMORIALS Whereas, in its final deliberations, the De- Resolved, That the Senate of the Common- fense Base Closure and Realignment Com- The following petitions and memo- wealth of Pennsylvania memorialize the mission concurred with the efficiency and President of the United States to effect the rials were laid before the Senate and productivity analyses of the Tobyhanna immediate transfer of the ground commu- were referred or ordered to lie on the Army Depot work force; and nications-electronics workload from the Sac- table as indicated: Whereas, the commission issued a report to ramento Air Logistics Center to the the President of the United States on July 1, POM–33. A joint resolution adopted by the Tobyhanna Army Depot; and be it further 1995, which recommended the transfer of the Legislature of the State of Washington; to Resolved, That copies of this resolution be ground communications-electronics work- the Committee on Appropriations. transmitted to the President of the United load from the Sacramento Air Logistics Cen- States, to the presiding officers of each HOUSE JOINT MEMORIAL 4006 ter, California, to the Tobyhanna Army house of Congress and to each member of Whereas, more than three thousand eight Depot; and Congress from Pennsylvania. hundred women in Washington will be diag- Whereas, in recommending that the nosed with breast cancer this year; and McClellan Air Force Base, Sacramento, Cali- POM–35. A resolution adopted by the Puer- Whereas, nearly one thousand women in fornia, should be closed, the commission di- to Rican Bar Association Board of Directors Washington lost their lives to breast cancer rected that its ground communications-elec- relative to opposition to the Death Penalty; in 1996; and tronics workload transfer to Tobyhanna to the Committee on Energy and Natural Re- Whereas, women who die from breast can- Army Depot; and sources. cer lose an average of twenty years of their Whereas, this recommendation and others POM–36. A joint resolution adopted by the life; and included in the commission’s 1995 report Legislative of the State of Washington; to Whereas, breast cancer is the second lead- were accepted by the President, submitted to the Committee on Energy and Natural Re- ing cause of cancer death in women; and the Congress of the United States and signed sources.

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Whereas, the Fast Flux Test Facility section 217 of the Health Insurance Port- By Mr. DURBIN (for himself, Mr. KEN- (FFTF) is the nation’s most advanced test ability and Accountability Act of 1996; to the NEDY, and Mr. KOHL): reactor; and Committee on Finance. S. 380. A bill to prohibit foreign nationals Whereas, numerous independent studies By Mr. GRASSLEY (for himself, Mr. admitted to the United States under a non- have suggested that the facility could one CONRAD, and Mr. HOLLINGS): immigrant visa from possessing a firearm; to day be used to produce cancer-curing med- S. 370. A bill to amend title XVIII of the the Committee on the Judiciary. ical isotopes; and Social Security Act to provide for increased By Mr. ROCKEFELLER (for himself, Whereas, the facility has also been consid- medicare reimbursement for nurse practi- Mr. MACK, Mr. FRIST, Mr. MOYNIHAN, ered by the Department of Energy (DOE) for tioners and clinical nurse specialists to in- Mr. KENNEDY, Mr. ABRAHAM, Mr. short-term production of tritium for our na- crease the delivery of health services in KERREY, Mr. CRAIG, Mr. WELLSTONE, tion’s defense needs; and health professional shortage areas, and for Mr. COCHRAN, Ms. MIKULSKI, Mr. Whereas, utilizing the FFTF for this pur- other purposes; to the Committee on Fi- CAMPBELL, Mr. LEAHY, Mr. JEFFORDS, pose could help postpone construction of nance. Mrs. HUTCHISON, Mr. HOLLINGS, Mr. S. 371. A bill to amend title XVIII of the more expensive options for tritium produc- FAIRCLOTH, and Mr. BINGAMAN): tion, thus freeing federal dollars for environ- Social Security Act to provide for increased S. 381. A bill to establish a demonstration mental purposes during DOE’s ‘‘Ten Year medicare reimbursement for physician as- project to study and provide coverage of rou- sistants, to increase the delivery of health Cleanup Plan’’; and tine patient care costs for medicare bene- services in health professional shortage Whereas, this would protect Hanford clean ficiaries with cancer who are enrolled in an areas, and for other purposes; to the Com- up from budget pressures during this time approved clinical trail program; to the Com- mittee on Finance. frame and ensure that the federal govern- mittee on Finance. By Mr. GRASSLEY: ment fulfills its responsibilities under the S. 372. A bill to amend title XVIII of the By Mr. HOLLINGS (for himself, Mr. Tri-Party Agreement; and Social Security Act to provide for a 5-year SPECTER, Mr. DASCHLE, Mr. BRYAN, Whereas, private sector involvement in the reinstatement of the medicare-dependent, Mr. BIDEN, Mrs. FEINSTEIN, Mr. REED, FFTF project could further reduce federal small, rural hospital payment provisions, Mr. CONRAD, Mr. DORGAN, and Mr. expenditures needed for tritium production; and for other purposes; to the Committee on REID): and Finance. S.J. Res. 18. A joint resolution proposing Whereas, DOE and President William J. By Mr. KENNEDY: an amendment to the Constitution of the Clinton have announced their decision to S. 373. A bill to amend title XXVII of the United States relating to contributions and keep the FFTF on standby for potential use Public Health Service Act and part 7 of sub- expenditures intended to affect elections; for medical and tritium purposes; and title B of title I of the Employee Retirement read twice and placed on the calendar. Whereas, this decision could lead to the de- Income Security Act of 1974 to establish velopment of a major cancer treatment cen- standards for protection of consumers in f ter in Washington State; and managed care plans and other health plans; Whereas, sixty-nine nationally recognized to the Committee on Labor and Human Re- STATEMENTS ON INTRODUCED cancer researchers have expressed their sources. strong support for preserving the FFTF, and By Mr. ROBB: BILLS AND JOINT RESOLUTIONS have argued that they would find it ‘‘uncon- S. 374. A bill to amend title 38, United By Mr. BOND (for himself and scionable to shut down the FFTF without a States Code, to extend eligibility for hos- Mr. ASHCROFT): full review of its potential for future oper- pital care and medical services under chap- ation, including isotope production’’: Now, ter 17 of that title to veterans who have been S. 368. A bill to prohibit the use of therefore, awarded the Purple Heart, and for other pur- Federal funds for human cloning re- Your Memorialists respectfully pray that poses; to the Committee on Veterans’ Af- search; to the Committee on Labor and the United States Congress and executive fairs. Human Resources. agencies approve and endorser the plan to By Mr. MCCAIN (for himself, Mr. DODD, RESEARCH LEGISLATION fully and fairly evaluate the FFTF for use in Mr. ROBERTS, Mr. FORD, Mr. WARNER, meeting critical national needs, and urge Mr. DURBIN, Mr. GREGG, Mr. BINGA- Mr. BOND. Mr. President, today I that the long-term best interests of clean-up MAN, Mr. REED, Mr. DEWINE, Mr. rise to introduce a measure on behalf activities at Hanford and cancer research be WELLSTONE, and Mr. HAGEL): of myself, Senator ASHCROFT, and Sen- given top priority by DOE in arriving at its S. 375. A bill to amend title II of the Social ator BYRD which would prohibit perma- decision, be it Security Act to restore the link between the nently the use of Federal funds for Resolved, That copies of this Memorial be maximum amount of earnings by blind indi- human cloning research. I am sure immediately transmitted to the Honorable viduals permitted without demonstrating most Americans by now have heard ability to engage in substantial gainful ac- William J. Clinton, President of the United about the successful cloning of Dolly, States, the Secretary of Energy, the Presi- tivity and the exempt amount permitted in dent of the United States Senate, the Speak- determining excess earnings under the earn- the sheep, by Scottish scientists. Many er of the House of Representatives, and each ings test; to the Committee on Finance. people are now asking can similar member of Congress from the State of Wash- By Mr. LEAHY (for himself, Mr. techniques be used to clone a human ington. BURNS, Mrs. MURRAY, and Mr. being? Something that was once WYDEN): thought to be only science fiction is POM–37. A petition from the citizens of the S. 376. A bill to affirm the rights of Ameri- now close to being a reality. State of California relative to violence, cans to use and sell encryption products, to establish privacy standards for voluntary With the legislation I introduce abuse, and the women’s citizenship; to the today, I intend to make sure that Committee on Environment and Public key recovery encryption systems, and for Works. other purposes; to the Committee on the Ju- human cloning stays within the realm diciary. of science fiction and does not become f By Mr. BURNS (for himself, Mr. a reality. The bill that I am intro- INTRODUCTION OF BILLS AND LEAHY, Mr. LOTT, Mr. NICKLES, Mr. ducing with my colleagues today will JOINT RESOLUTIONS DORGAN, Mrs. HUTCHISON, Mr. CRAIG, place a permanent ban on Federal fund- Mr. WYDEN, Mr. ASHCROFT, Mr. ing for human cloning or human The following bills and joint resolu- DOMENICI, Mr. THOMAS, Mr. CAMP- tions were introduced, read the first BELL, Mrs. BOXER, Mr. BROWNBACK, cloning research. We must send a clear and second time by unanimous con- Mrs. MURRAY, Mr. KEMPTHORNE, Mr. signal: Human cloning is something we sent, and referred as indicated: INHOFE, Mr. FAIRCLOTH, Mr. GRAMS, cannot and should not tolerate. This and Mr. ALLARD): type of research on humans is morally By Mr. BOND (for himself and Mr. S. 377. A bill to promote electronic com- ASHCROFT): reprehensible. We should not be cre- merce by facilitating the use of strong ating human beings for spare parts or S. 368. A bill to prohibit the use of Federal encryption, and for other purposes; to the funds for human cloning research; to the Committee on Commerce, Science, and as replacements. Moreover, a National Committee on Labor and Human Resources. Transportation. Institutes of Health human embryo By Mr. JEFFORDS (for himself, Mr. By Mr. THOMPSON: panel noted, ‘‘allowing society to cre- KENNEDY, Mr. CHAFEE, Ms. MIKULSKI, S. 378. A bill to provide additional funding ate genetically identical persons would Ms. COLLINS, Mrs. MURRAY, Mr. for the Committee on Governmental Affairs devalue human life by undermining the DODD, Mr. HOLLINGS, Mr. GLENN, and of the Senate; read the first time. individuality of human beings.’’ Mr. REED): By Mr. MURKOWSKI (for himself and In a September 1994 report of the S. 369. A bill to amend section 1128B of the Mr. STEVENS): Social Security Act to repeal the criminal S. 379. A bill entitled the ‘‘Native Alaskan Human Embryo Research Panel, the penalty for fraudulent disposition of assets Subsistance Whaling Provision’’; to the Com- heading is, ‘‘Research Considered Unac- in order to obtain medicaid benefits added by mittee on Finance. ceptable for Federal Funding.’’ It said:

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1735 Four ethical considerations entered into There being no objection, the mate- taken by Congress to curb these asset the deliberations of the panel as it deter- rial was ordered to be printed in the transfers. mined what types of research were unaccept- RECORD, as follows: Repeal of section 217 would not affect able for Federal funding: The potential ad- Dr. Ted Cicero, Vice Chancellor for Re- several other restrictions now on the verse consequences of the research for chil- search at Washington University in St. books designed to close loopholes and dren, women and men; the respect due the Louis, Missouri. reimplantation embryo; concern for public stop the inappropriate transfer of as- Dr. Kevin Fitzgerald, a Jesuit priest and a sensitivities in highly controversial research sets. People found to have transferred geneticist at Loyola University in Illinois. proposals, and concern for the meaning of nonexempt assets within a look-back Arthur Caplan, head of the Center for Bio- period are determined ineligible and humanness, parenthood, and the successions ethics at the University of Pennsylvania. of generations. Dr. Harmon Smith, Professor of Moral denied Medicaid nursing home assist- The President has said we should Theology at Duke University. ance for the period over which their as- study the issue. President Clinton has sets would have paid. The look-back asked a Federal bioethicist board to By Mr. JEFFORDS (for himself, period for asset transfers is 36 months, consider the implications of this re- Mr. KENNEDY, Mr. CHAFEE, Ms. with a 60-month period for trusts. search and report back to him within MIKULSKI, Ms. COLLINS, Mrs. States are also required to establish es- 90 days. I do not think we need to study MURRAY, Mr. DODD, Mr. HOL- tate recovery programs to compensate this. I think we can save the board LINGS, Mr. GLENN and Mr. for nursing home services paid for by some effort because the President’s REED): the Medicaid Program. own administration has concluded that S. 369. A bill to amend section 1128B There is no systematic study that human cloning was ‘‘research consid- of the Social Security Act to repeal the has determined or recommended that ered unacceptable for Federal fund- criminal penalty for fraudulent dis- the addition of criminal sanctions to ing.’’ There are some aspects of life position of assets in order to obtain the penalties which already exist are which simply ought to be off limits to medicaid benefits added by section 217 necessary to address inappropriate science. of the Health Insurance Portability asset transfers by the elderly. In the I think it will be helpful to go and Accountability Act of 1996; to the absence of a demonstrated need for through some of the ethical consider- Committee on Finance. criminal penalties, we believe that section 217 holds the potential to do more ations the board looked at. First, they HEALTH INSURANCE PORTABILITY AND harm than good. asked: Is it ethical to create geneti- ACCOUNTABILITY ACT AMENDMENTS Mr. JEFFORDS. Mr. President, I am No one really wants to send Granny cally identical individuals who can be to jail. In fact, it has been reported born at different times? Is it ethical to on the floor today to introduce legislation that will repeal section 217 of the that the intended targets of section 217 store a frozen human embryo that is are those who have created a cottage genetically identical to a born child in Health Insurance Portability and Ac- countability Act [HIPAA]. As enacted industry, and made substantial sums of order to serve as a later source for money, from advising the elderly on organ and tissue transplantation; thus last year, this provision for the first time creates Federal criminal penalties how to transfer their assets to become treating humans as spare parts? Is it Medicaid eligible. Ironically, section ethical to create a genetically iden- for elders who transfer their assets and who subsequently apply for Medicaid 217 has had the opposite effect. Recent tical child as a replacement in case the newspaper ads placed by these advisers first child dies? but are deemed ineligible for nursing home benefits. from Portland, ME, to Phoenix, AZ, Again, these are just a sample of the now use this very law to drum up busi- ethical questions the issue poses. I believe the goal to stop fraud and abuse in the Medicaid Program is laud- ness. The bold-print headlines of these The board concluded the analysis by ads read: stating: able and must be pursued. However, there is a growing consensus that sec- Sneaky New Law Buried in the Health In- There are broad moral concerns about the tion 217 is a vague, unenforceable, surance Bill Can Put Unsuspecting Seniors deliberate duplication of an individual ge- and Retirees Behind Bars!, and You Only nome. The notion of cloning an existing criminal sanction misdirected at the Have Until December 31st, 1996, To Avoid human being or of making ‘‘carbon copies’’ elderly. It is unduly threatening to the Making the Mistake That Could Toss You in of an existing embryo appears repugnant to Nation’s senior citizens. We are send- Jail . . . Congress’ Sneaky New Law Is the members of the public. Many Members of the ing the wrong message by implying Most Vicious Attack on Retirees Yet! panel share this view and see no justification there is something wrong or illegal Mr. President, fraud and abuse in the for Federal funding of such research. with obtaining sound financial advice Medicaid Program must not be toler- I also should point out an important and estate planning to legitimately ated, and taxpayers should not have to distinction with this bill. It is nar- protect the assets that senior citizens pay nursing home bills for persons who rowly drafted so that it only affects have spent a lifetime accruing. have the wherewithal to pay for their human cloning research. It does not ad- During a recent hearing before the own care. But neither should con- dress the issue of plant and animal Committee on Labor and Human Re- fusing, unenforceable laws be in place cloning research, and it will also sources, on the implementation of that impose Federal criminal penalties allow—and I personally strongly sup- HIPAA, several concerns were raised on elderly individuals where there is no port—NIH to continue its human ge- about this issue. Ms. Gail Shearer, the clear understanding of what does and nome mapping project. director of health policy analysis of the what does not constitute a criminal ac- I have long been a supporter of bio- Consumers Union, testified that sec- tivity. technology, genome mapping and mation 217 was ‘‘leading to considerable Organizations urging repeal of the nipulation, and even plant and animal alarm among seniors’’ and that she was provision include: the American Asso- cloning. But we can draw a clear line ‘‘deeply troubled by the prospect of ciation of Retired Persons, the Alz- here. For plants and animals, it makes HIPAA leading to the transfer of elder- heimer’s Association, the Leadership sense to clone your specimens to im- ly nursing home residents from their Council on Aging—a group of more prove human health and human well- nursing home to prison.’’ than 40 national organizations in the being. But when we are talking about At that same hearing, Mr. Bruce field of aging—and the American Bar creating an entire human being, iden- Vladek, the administrator of the Association. tical to another, we are talking about Health Care Financing Administration, I believe that we in the Congress owe playing God, and that is where we must pointed out that there is no evidence it to our senior citizens to stop their draw the line. that large numbers of the elderly are needless anxiety over this misdirected, I note, the Vatican and leading impoverishing themselves to become confusing law. We need to repeal sec- ethicists throughout the country have Medicaid eligible. He expressed his be- tion 217. I urge my colleagues to join called for a ban on human cloning and lief that a few people doing something me in repealing this unnecessary and human cloning research. egregious can create the perception of unworkable law. I ask unanimous consent that the a widespread problem. It is especially Mr. President, I ask unanimous-con- names of those ethicists and scientists unclear how pervasive this practice is, sent that the text of the bill be printed be printed in the RECORD. particularly in light of actions already in the RECORD.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1736 CONGRESSIONAL RECORD — SENATE February 27, 1997 There being no objection, the bill was By Mr. GRASSLEY (for himself, State, clinics have been established ordered to be printed in the RECORD, as Mr. CONRAD, and Mr. HOLLINGS): using nonphysician practitioners, par- follows: S. 370. A bill to amend title XVIII of ticularly physician assistants, to pro- S. 369 the Social Security Act to provide for vide primary health care services in Be it enacted by the Senate and House of Rep- increased Medicare reimbursement for communities that are unable to recruit resentatives of the United States of America in nurse practitioners and clinical nurse a physician. The presence of these Congress assembled, specialists to increase the delivery of practitioners insures that primary SECTION 1. REPEAL OF CRIMINAL PENALTY FOR health services in health professional health care services will be available to FRAUDULENT DISPOSITION OF AS- shortage areas, and for other purposes; the community. Iowa’s Medicare car- SETS IN ORDER TO OBTAIN MED- to the Committee on Finance. rier has strictly interpreted the inci- ICAID BENEFITS. THE PRIMARY CARE HEALTH PRACTITIONER dent to requirement of Medicare law as (a) REPEAL.—Section 1128B(a) of the Social Security Act (42 U.S.C. 1320a–7b(a)), as INCENTIVE ACT OF 1997 requiring the physical presence of a su- amended by section 217 of the Health Insur- ∑ Mr. GRASSLEY. Mr. President, pervising physician in places where ance Portability and Accountability Act of today, on behalf of myself, Senator physician assistants practice. This has 1996 (Public Law 104–191; 110 Stat. 2008), is CONRAD, Senator DORGAN, and Senator caused many of the clinics using physi- amended— HOLLINGS, I am introducing two bills. If cian assistants to close, and thus has (1) by adding ‘‘or’’ at the end of paragraph enacted, these bills would increase ac- deprived the community of primary (4); cess to primary care for Medicare bene- health care services. (2) by striking ‘‘or’’ at the end of paragraph ficiaries in rural and inner-city com- Mr. President, in 1995 the Iowa Hos- (5) and inserting a comma; and pital Association suggested a number (3) by striking paragraph (6). munities. The Primary Care Health (b) EFFECTIVE DATE.—The amendments Practitioner Incentive Act of 1997 of ways to improve access and cost ef- made by subsection (a) take effect as if in- would reform Medicare reimbursement fectiveness in the Medicare Program. cluded in the enactment of the Health Insur- to nurse practitioners [NP’s] and clin- One of their suggestions was that this ance Portability and Accountability Act of ical nurse specialists [CNS’s]. The Phy- incident to restriction be relaxed. They 1996 (Public Law 104–191; 110 Stat. 1936). sician Assistant Incentive Act of 1997 said: Mr. KENNEDY. Mr. President, I com- would reform Medicare reimbursement In rural Iowa, most physicians are orga- mend Senator JEFFORDS for his leader- for physician assistants. We introduced nized in solo or small group practices. Physi- ship on this legislation and I am hon- these bills in the last three Congresses. cian assistants are used to augment these practices. With emergency room coverage re- ored to join him on it. Our bill repeals We are reintroducing them today to the criminal penalties enacted last quirements, absences due to vacation, con- improve access to primary care serv- tinuing education or illness and office hours year for disposing of assets in order to ices for Medicare beneficiaries, particu- in satellite clinics, there are instances on a obtain Medicaid benefits. larly in rural and underserved areas. monthly basis where the physician assistant We all agree that Medicaid must be This legislation would reform Medicare is providing care to patients without a physi- free of fraud and abuse. No one should policies which, under certain cir- cian in the clinic. Medicare patients in the be able to game the system by giving cumstances, restrict reimbursement physician clinic where the physician assist- away their assets just to qualify for ant is located have to either wait for the for services delivered by these pro- physician to return from the emergency Medicaid, a program intended to help viders. Similar measures are included the truly needy. room or care is provided without this provi- in the President’s Medicare proposal sion. The criminal penalties enacted last and were part of the Balanced Budget If enacted, this legislation would es- year was a mistake and should never Act of 1995. tablish a more uniform payment policy have been enacted. They are poorly The Medicare Program currently cov- for these providers. It would authorize drafted, and will have unintended con- ers the services of these practitioners. reimbursement of their services as long sequences that penalize senior citizens However, payment levels vary depend- as they were practicing within State unfairly. Indeed, this provision could ing on treatment settings and geo- law and their professional scope of frighten the most needy elderly away graphic area. In most cases, reimburse- practice. It calls for reimbursement of from seeking the care they need, while ment may not be made directly to the these provider groups at 85 percent of doing little to deter and punish those nonphysician provider. Rather, it must the physician fee schedule for services who defraud the system. be made to the employer of the pro- they provide in all treatment settings No serious study has defined abusive vider, often a physician. The legisla- and in all geographic areas. Where it is transfers of assets as a significant tion authorizing these different reim- permitted under State law, reimburse- problem, or recommended criminal- bursement arrangements was passed in ment would be authorized even if these izing an action that is already prohib- an incremental fashion over the years. nonphysician providers are not under ited and penalized in other ways. If The Medicare law, which authorizes the direct, physical supervision of a middle and upper income families are reimbursement of these providers, is physician. transferring assets to qualify for Med- also inconsistent with State law in Currently, the services of these non- icaid, it should be the topic of congres- many cases. For instance, in Iowa, physician practitioners are paid at 100 sional hearings and investigation, so State law requires nonphysicians to percent of the physician’s rate when that we can evaluate the scope of the practice with either a supervising phy- provided ‘‘incident to’’ a physician’s problem and develop an appropriate re- sician or a collaborating physician. services. If enacted, this legislation sponse. In the meantime, seniors However, under Iowa law, the super- would discontinue this ‘‘incident to’’ should not be terrorized with threats of vising physician need not be physically policy. Medicare reimbursement would jail merely for seeking nursing home present in the same facility as the non- now be provided directly to the nurse care. physician practitioner and, in many in- practitioners and clinical nurse spe- The current debate over this issue re- stances, can be located in a different cialists and it would be provided to the veals a much larger problem—the need site from that of the nonphysician employer of the physician assistant. for better coverage of long-term care, practitioner he or she is supervising. These bills also call for a 10-percent so that those requiring long nursing Unfortunately, Medicare policy will bonus payment when these practi- home stays don’t have to sacrifice not recognize such relationships. In- tioners work in health professional their life savings to pay for their care. stead, the law requires that the physi- shortage areas [HPSA’s]. Senator CON- There is broad bipartisan support in cian be present in the same building as RAD and I believe these provisions will Congress for repeal of this provision. the nonphysician practitioner in order encourage nonphysician practitioners The White House supports repeal. Ad- for the services of these nonphysician to relocate in areas in need of health vocacy groups for the elderly support providers to be reimbursed. This is care services. repeal. I urge Congress to act quickly known as the incident to provision, re- Mr. President, legislation closely on this legislation, and provide peace ferring to services that are provided in- paralleling these bills we are intro- of mind to senior citizens across the cident to a physician’s services. ducing today is being introduced this country who feel unfairly threatened This has created a problem in Iowa, week in the House by Representatives by current law. Mr. President. In many parts of my NANCY

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1737 JOHNSON and ED TOWNS. In addition, health care, and make medical care Within their areas of competence, these provisions are included in the more accessible and less expensive. these health care providers deliver care President’s Medicare proposal. Histori- Nurse practitioners and clinical nurse of exceptional quality. These practi- cally, this legislation has received bi- specialists have proven that they are tioners play a vital role in commu- partisan support in both Houses. Com- able to provide high-quality, cost-effec- nities that cannot support a physician parable legislation was included in the tive primary care in all settings in but can afford a nurse practitioner or Balanced Budget Act of 1995, as well as which they provide services. It is fool- physician assistant; historically, these several other health care measures in ish to restrict their ability to provide providers have been willing to move to previous Congresses. Therefore, I urge primary care services to the elderly both rural and inner-city areas that my colleagues to support this legisla- based on setting or geographic loca- are underserved by health care pro- tion.∑ tion, and I urge your consideration and viders. In fact, there are 50 commu- Mr. HOLLINGS. Mr. President, I join the passage of this bill. nities in North Dakota that are taking my colleagues Senators CONRAD and advantage of the services provided by GRASSLEY in introducing the Primary By Mr. GRASSLEY (for himself, these care givers. Unfortunately, un- Care Health Practitioner Incentive Act Mr. CONRAD, and Mr. HOLLINGS): less we make changes in our Federal S. 371. A bill to amend title XVIII of of 1997. Today I specifically want to ad- reimbursement scheme, many areas of the Social Security Act to provide for dress the provision that would allow the country will not be able to benefit increased medicare reimbursement for for direct Medicare reimbursement for from these needed services. services provided by nurse practi- physician assistants, to increase the Current Medicare reimbursement tioners and clinical nurse specialists delivery of health services in health rules were developed in an ad hoc fash- regardless of geographic location. For professional shortage areas, and for ion; as a result, they are inconsistent, other purposes; to the Committee on many years we have been trying to incoherent, and nearly inexplicable. Finance. pass legislation that would allow these Current law provides reimbursement health care providers in urban settings THE PHYSICIAN ASSISTANT INCENTIVE ACT OF for advanced practice nurses in rural 1997 the same direct Medicare reimburse- settings. But if the same patient sees ∑ Mr. CONRAD. Mr. President, Senator ment as those in a rural setting, and I the same nurse practitioner in a sat- GRASSLEY and I are again introducing am hopeful that this is the year it will ellite clinic in an equally rural commu- legislation to improve Medicare reim- actually be enacted. bursement policy for nurse practi- nity that happens to be within an MSA Currently, nurse practitioners and tioners, clinical nurse specialists, and county, reimbursement becomes sub- clinical nurse specialists may treat physician assistants. The Primary Care ject to the ‘‘incident to’’ rule that Medicare patients without a physician Health Practitioner Incentive Act and HCFA has interpreted to require the present if they practice in a rural set- the Physician Assistant Incentive Act physical presence of a physician in the ting or in a long-term care facility. I of 1997 are very similar to S. 864 and S. building. believe that it is time for this anti- In rural North Dakota and in rural 863, which we introduced in the 104th quated restraint to practice to be re- communities throughout the country, Congress. This legislation passed both moved so that health care choices may Houses as part of reconciliation in 1995. that scenario is often inconsistent with be improved and increased for all Medi- I am very hopeful that this bipartisan the realities of health care delivery. care patients. If we are to have any legislation will garner widespread sup- Doctors in these areas often rotate be- hope of providing adequate care with port and be signed into law as part of a tween several clinics in a region that is huge reductions in both Medicare and Medicare reform bill this year. staffed on a full-time basis by a physi- Medicaid, it is essential that service be We believe our legislation will help cian assistant, nurse practitioner, or provided by the least costly provider of all Americans by making the best pos- other provider. This allows physicians quality care. We simply cannot afford sible use of primary care providers who to cover a wider area and affords more to ignore the quality care of which play a vital role in our health care de- rural residents access to basic primary nurse practitioners and clinical nurse livery infrastructure. Throughout the care services. Current Medicare rules specialists have proven they are capa- country, nurse practitioners, clinical work against this, however. If a Medi- ble. nurse specialists and physician assist- care patient requires care when a phy- I would also like to point out that ants have the skills to provide needed sician is away at another clinic or out many times there is a discrepancy in primary care services. This is particu- on an emergency call, the physician as- the designation of rural and urban larly important in rural and under- sistant or other provider will not be re- areas. In my home State of South served areas that have shortages of imbursed by Medicare for the same Carolina, as in other States, a number physicians. care that would have been paid for if a of the areas listed as urban are, in re- In recent years, our Nation’s health physician was in the next room. ality, rural areas. Medicare patients in care system has put a renewed empha- Moreover, if the nurse practitioner these areas are unable to receive home sis on the use of primary care and crosses the street from a free-standing visits or utilize local community sat- wellness. Nurse practitioners, physi- clinic to a hospital-affiliated out- ellite offices staffed with nurse practi- cian assistants, and clinical nurse spe- patient clinic, the reimbursement rules tioners. Rather, they are required to cialists are uniquely positioned to pro- change once again. Physician assist- travel miles to see a physician. As a re- vide this care. Nurse practitioners are ants are subject to an equally bewil- sult, many patients forgo preventive registered nurses with advanced edu- dering set of reimbursement rules that health care and wait to seek care until cation and clinical training, often in a serve to prevent their effective use by they become so ill that they must be specialty area such as geriatrics or the Medicare Program. hospitalized or they are forced to seek women’s health. Nearly half of the Na- Other complications also cause prob- care in more expensive emergency tion’s 25,000 nurse practitioners have lems. State laws are often inconsistent rooms. Not only is access to physicians master’s degrees. Clinical nurse spe- with the Medicare requirements. In more limited, but their fees for serv- cialists are required to have master’s North Dakota, care provided by a phy- ices are usually higher as well. Recent degrees and usually work in teritary sician assistant is reimbursed even if a figures published by the American care settings such as cardiac care. physician is not present. Across the Academy of Nurse Practitioners esti- Many, however, also work in primary country, there also are a wide variety mate a cost savings of greater than $54 care. Physician assistants receive an of payment mechanisms that result in million per year if nurse practitioners average of 2 years of physician-super- reimbursement variations in different were utilized appropriately in the pro- vised clinical training and classroom settings and among different providers. vision of Medicare services in ambula- instruction and work in all setting pro- The Office of Technology Assessment, tory care settings. viding diagnostic, therapeutic, and pre- the Physician Payment Review Com- The primary objective of nurse prac- ventive care services. Each of these mission, and these providers them- titioners and clinical nurse specialists providers work with physicians in selves have all expressed the need for is to provide routine care, manage varying degrees usually in consulta- consistency and sensibility in a reim- chronic conditions, promote preventive tion. bursement system that acknowledges

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1738 CONGRESSIONAL RECORD — SENATE February 27, 1997 the reality of today’s medical market- As I noted above, the hospitals which SECTION 1. SHORT TITLE; TABLE OF CONTENTS. place. Our colleagues shared those sen- would benefit from this program are (a) SHORT TITLE.—This Act may be cited as timents in 1995 by passing this legisla- small, rural hospitals providing an es- the ‘‘Health Insurance Bill of Rights Act of tion in both Houses. sential point of access to hospital and 1997’’. (b) TABLE OF CONTENTS.—The table of con- The legislation Senator GRASSLEY hospital-based services in rural areas tents of this Act is as follows: and I are introducing today will pro- and small towns. Obviously, if we lose Sec. 1. Short title; table of contents. vide each of these groups with reim- these hospitals, we will also have a Sec. 2. Amendments to the Public Health bursement at 85 percent of the physi- hard time keeping physicians in those Service Act. cian fee schedule. They will also pro- communities. ‘‘PART C—PATIENT PROTECTION STANDARDS vide a bonus payment to those pro- Mr. President, 44, or 36 percent, of ‘‘Sec. 2770. Notice; additional defini- viders who choose to practice in areas Iowa’s 122 community hospitals quali- tions. designated as Health Professional fied to participate in this program in ‘‘SUBPART 1—ACCESS TO CARE Shortage Areas [HPSA’s]. The health 1994, and 29, or 24 percent, chose to par- ‘‘Sec. 2771. Access to emergency care. care access problems faced by residents ticipate. I believe that this was the ‘‘Sec. 2772. Access to specialty care. of these communities could be dra- largest number of such hospitals of any ‘‘Sec. 2773. Continuity of care. matically improved through the use of State. ‘‘Sec. 2774. Choice of provider. this special class of primary care pro- For these hospitals, the percentage of ‘‘Sec. 2775. Coverage for individuals par- viders. Finally, our legislation will en- all inpatient days attributable to Medi- ticipating in approved clinical sure that a nurse practitioner who care patients was 77.4 percent in 1994, trials. cares for a patient will get paid di- and Medicare discharges represented ‘‘Sec. 2776. Access to needed prescription drugs. rectly for that service. 65.5 percent of total discharges. Across ‘‘SUBPART 2—QUALITY ASSURANCE This legislation offers an example all Iowa hospitals, the Association of how Medicare can and should increase Iowa Hospitals and Health Systems in- ‘‘Sec. 2777. Internal quality assurance program. access to care by promoting the use of dicates that the Medicare share of in- cost-effective providers to a much ‘‘Sec. 2778. Collection of standardized patient days and discharges has in- data. higher degree without compromising creased in recent years, as non-Medi- ‘‘Sec. 2779. Process for selection of pro- the quality of care that older Ameri- care admissions have dropped. As a re- viders. cans receive. There was a clear agree- sult, it is likely that the program will ‘‘Sec. 2780. Drug utilization program. ment on these issues in the 104th Con- provide a lifeline for even more Iowa ‘‘Sec. 2781. Standards for utilization re- gress, and we urge our Democratic and hospitals now than in 1994. view activities. Republican colleagues to continue to The expiration of the program has ‘‘SUBPART 3—PATIENT INFORMATION support this legislation in the 105th had a devastating effect on many of ‘‘Sec. 2782. Patient information. Congress.∑ these hospitals, including a number ‘‘Sec. 2783. Protection of patient con- with negative operating margins. The fidentiality. By Mr. GRASSLEY: bottom line is that many of these hos- ‘‘SUBPART 4—GRIEVANCE PROCEDURES S. 372. A bill to amend title XVIII of pitals have had, and will have, a very ‘‘Sec. 2784. Establishment of complaint the Social Security Act to provide for difficult time continuing to exist with- and appeals process. a 5-year reinstatement of the Medi- out the Medicare-Dependent Hospital ‘‘Sec. 2785. Provisions relating to ap- care-dependent, small, rural hospital peals of utilization review de- Program. payment provisions, and for other pur- terminations and similar deter- poses; to the Committee on Finance. Mr. President, I am also going to minations. continue to work for a limited service ‘‘Sec. 2786. State health insurance om- THE MEDICARE DEPENDENT HOSPITALS rural hospital bill. This bill will essen- budsmen. PROGRAM REINSTATEMENT ACT ∑ Mr. GRASSLEY. Mr. President, I in- tially extend the EACH/RPCH Pro- ‘‘SUBPART 5—PROTECTION OF PROVIDERS troduce a bill which would reinstate gram—the Essential Access Commu- AGAINST INTERFERENCE WITH MEDICAL COM- nity Hospital and Rural Primary Care MUNICATIONS AND IMPROPER INCENTIVE AR- the Medicare-Dependent Hospital Pro- RANGEMENTS gram. Hospital Program—to all the States. Taken together, these two pieces of ‘‘Sec. 2787. Prohibition of interference This program expired in October 1994. with certain medical commu- As its title implied, the hospitals it legislation will allow the smaller hospitals in Iowa—and throughout Amer- nications. helped were those which were very de- ‘‘Sec. 2788. Prohibition against transfer pendent on Medicare reimbursement. ica—to modify their missions in a de- of indemnification or improper These were small—100 beds or less— liberate and nondisruptive way, and to incentive arrangements. continue to provide the health care rural hospitals with not less than 60 ‘‘SUBPART 6—PROMOTING GOOD MEDICAL percent of total discharges or with 60 services essential to their commu- PRACTICE AND PROTECTING THE DOCTOR-PA- ∑ percent of total inpatient days attrib- nities. TIENT RELATIONSHIP utable to Medicare beneficiaries. The ‘‘Sec. 2789. Promoting good medical By Mr. KENNEDY: program enabled the hospitals in ques- practice. tion to choose the most favorable of S. 373. A bill to amend title XXVII of Sec. 3. Amendments to the Employee Retire- three reimbursement methods. the Public Health Service Act and part ment Income Security Act of The program was extended, and 7 of subtitle B of title I of the Em- 1974. ‘‘Sec. 713. Patient protection standards. phased out down to October 1994, in the ployee Retirement Income Security Act of 1974 to establish standards for SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH Omnibus Budget Reconciliation Act of SERVICE ACT. 1993. That act retained the choice of protection of consumers in managed care plans and other health plans; to (a) PATIENT PROTECTION STANDARDS.—Title the three original reimbursement XXVII of the Public Health Service Act is methods. But it reduced the reimburse- the Committee on Labor and Human amended— ment available from those original Resources. (1) by redesignating part C as part D, and computation methods by 50 percent. THE HEALTH INSURANCE BILL OF RIGHTS ACT OF (2) by inserting after part B the following My legislation would not extend the 1997 new part: program as it was originally enacted Mr. KENNEDY. Mr. President, I ask ‘‘PART C—PATIENT PROTECTION STANDARDS by the Omnibus Budget Reconciliation unanimous consent that the text of the ‘‘SEC. 2770. NOTICE; ADDITIONAL DEFINITIONS. Act of 1989. Rather, it would reinstate bill be printed in the RECORD. ‘‘(a) NOTICE.—A health insurance issuer for 5 years the provisions contained in There being no objection, the bill was under this part shall comply with the notice the Omnibus Budget Reconciliation ordered to be printed in the RECORD, as requirement under section 711(d) of the Em- Act of 1993. It would not have retro- follows: ployee Retirement Income Security Act of 1974 with respect to the requirements of this active effect, however. The program S. 373 part as if such section applied to such issuer would be revived for fiscal year 1998, Be it enacted by the Senate and House of Rep- and such issuer were a group health plan. and would terminate at the end of fis- resentatives of the United States of America in ‘‘(b) ADDITIONAL DEFINITIONS.—For pur- cal year 2002. Congress assembled, poses of this part:

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‘‘(1) NONPARTICIPATING PHYSICIAN OR PRO- ‘‘(A) IN GENERAL.—Except as provided in defined in paragraph (3)(B)) that is required VIDER.—The term ‘nonparticipating physi- subparagraph (B), if a health insurance by the enrollee, cian or provider’ means, with respect to issuer in relation to health insurance cov- ‘‘(B) the coverage provides benefits with health care items and services furnished to erage denies, limits, or otherwise differen- respect to the care so identified and the cov- an enrollee under health insurance coverage, tiates in coverage or payment for benefits erage requires (but for this subsection) an af- a physician or provider that is not a partici- other than emergency services on the basis firmative prior authorization determination pating physician or provider for such serv- that the physician or provider of such serv- as a condition of coverage of such care, and ices. ices is a nonparticipating physician or pro- ‘‘(C) the treating physician (or another in- ‘‘(2) PARTICIPATING PHYSICIAN OR PRO- vider, the issuer may deny, limit, or differen- dividual acting on behalf of such physician) VIDER.—The term ‘participating physician or tiate in coverage or payment for emergency initiates, not later than 30 minutes after the provider’ means, with respect to health care services on such basis. time the treating physician determines that items and services furnished to an enrollee ‘‘(B) NETWORK RESTRICTIONS NOT PERMITTED the condition of the enrollee is stabilized, a under health insurance coverage, a physician IN CERTAIN EXCEPTIONAL CASES.—The denial good faith effort to contact a physician or or provider that furnishes such items and or limitation of, or differentiation in, cov- other person authorized by the issuer (by services under a contract or other arrange- erage or payment of benefits for emergency telephone or other means) to obtain an af- ment with the health insurance issuer offer- services under subparagraph (A) shall not firmative prior authorization determination ing such coverage. apply in the following cases: with respect to the care, ‘‘(i) CIRCUMSTANCES BEYOND CONTROL OF EN- ‘‘SUBPART 1—ACCESS TO CARE ROLLEE.—The enrollee is unable to go to a then, without regard to terms and conditions specified in paragraph (2) the issuer shall ‘‘SEC. 2771. ACCESS TO EMERGENCY CARE. participating hospital for such services due to circumstances beyond the control of the cover maintenance care (as defined in para- ‘‘(a) PROHIBITION OF CERTAIN RESTRICTIONS enrollee (as determined consistent with graph (3)(A)) furnished to the enrollee during ON COVERAGE OF EMERGENCY SERVICES. guidelines and subparagraph (C)). the period specified in paragraph (4) and ‘‘(1) IN GENERAL.—If health insurance cov- ‘‘(ii) LIKELIHOOD OF AN ADVERSE HEALTH shall cover post-stabilization care furnished erage provides any benefits with respect to CONSEQUENCE BASED ON LAYPERSON’S JUDG- to the enrollee during the period beginning emergency services (as defined in paragraph MENT.—A prudent layperson possessing an under paragraph (5) and ending under para- (2)(B)), the health insurance issuer offering average knowledge of health and medicine graph (6). such coverage shall cover emergency serv- could reasonably believe that, under the cir- ‘‘(2) TERMS AND CONDITIONS WAIVED.—The ices furnished to an enrollee— cumstances and consistent with guidelines, terms and conditions (of coverage) described ‘‘(A) without the need for any prior author- the time required to go to a participating in this paragraph that are waived under ization determination, hospital for such services could result in any paragraph (1) are as follows: ‘‘(B) subject to paragraph (3), whether or of the adverse health consequences described ‘‘(A) The need for any prior authorization not the physician or provider furnishing such in a clause of subsection (a)(2)(A). determination. services is a participating physician or pro- ‘‘(iii) PHYSICIAN REFERRAL.—A partici- ‘‘(B) Any limitation on coverage based on vider with respect to such services, and pating physician or other person authorized whether or not the physician or provider fur- ‘‘(C) subject to paragraph (3), without re- by the plan refers the enrollee to an emer- nishing the care is a participating physician gard to any other term or condition of such gency department of a hospital and does not or provider with respect to such care. coverage (other than an exclusion of bene- specify an emergency department of a hos- ‘‘(C) Any other term or condition of the fits, or an affiliation or waiting period, per- pital that is a participating hospital with re- coverage (other than an exclusion of bene- mitted under section 2701). spect to such services. fits, or an affiliation or waiting period, per- ‘‘(2) EMERGENCY SERVICES; EMERGENCY MED- ‘‘(C) APPLICATION OF ‘BEYOND CONTROL’ mitted under section 2701 and other than a ICAL CONDITION.—For purposes of this sec- STANDARDS.—For purposes of applying sub- requirement relating to medical necessity tion— paragraph (B)(i), receipt of emergency serv- for coverage of benefits). ‘‘(A) EMERGENCY MEDICAL CONDITION BASED ices from a nonparticipating hospital shall ‘‘(3) MAINTENANCE CARE AND POST-STA- ON PRUDENT LAYPERSON.—The term ‘emer- be treated under the guidelines as being ‘due BILIZATION CARE DEFINED.—In this subsection: gency medical condition’ means a medical to circumstances beyond the control of the ‘‘(A) MAINTENANCE CARE.—The term ‘main- condition manifesting itself by acute symp- enrollee’ if any of the following conditions tenance care’ means, with respect to an indi- toms of sufficient severity (including severe are met: pain) such that a prudent layperson, who vidual who is stabilized after provision of ‘‘(i) UNCONSCIOUS.—The enrollee was un- emergency services, medically necessary possesses an average knowledge of health conscious or in an otherwise altered mental items and services (other than emergency and medicine, could reasonably expect the state at the time of initiation of the serv- services) that are required by the individual absence of immediate medical attention to ices. to ensure that the individual remains sta- result in— ‘‘(ii) AMBULANCE DELIVERY.—The enrollee bilized during the period described in para- ‘‘(i) placing the health of the individual was transported by an ambulance or other graph (4). (or, with respect to a pregnant woman, the emergency vehicle directed by a person other ‘‘(B) POST-STABILIZATION CARE.—The term health of the woman or her unborn child) in than the enrollee to the nonparticipating ‘post-stabilization care’ means, with respect serious jeopardy, hospital in which the services were provided. to an individual who is determined to be sta- ‘‘(ii) serious impairment to bodily func- ‘‘(iii) NATURAL DISASTER.—A natural dis- ble pursuant to a medical screening exam- tions, or aster or civil disturbance prevented the en- ination or who is stabilized after provision of ‘‘(iii) serious dysfunction of any bodily rollee from presenting to a participating organ or part. hospital for the provision of such services. emergency services, medically necessary items and services (other than emergency ‘‘(B) EMERGENCY SERVICES.—The term ‘‘(iv) NO GOOD FAITH EFFORT TO INFORM OF services and other than maintenance care) ‘emergency services’ means— CHANGE IN PARTICIPATION DURING A CONTRACT that are required by the individual. ‘‘(i) a medical screening examination (as YEAR.—The status of the hospital changed required under section 1867 of the Social Se- from a participating hospital to a non- ‘‘(4) PERIOD OF REQUIRED COVERAGE OF curity Act) that is within the capability of participating hospital with respect to emer- MAINTENANCE CARE.—The period of required the emergency department of a hospital, in- gency services during a contract year and coverage of maintenance care of an indi- cluding ancillary services routinely avail- the plan or issuer failed to make a good faith vidual under this subsection begins at the able to the emergency department, to evalu- effort to notify the enrollee involved of such time of the request (or the initiation of the ate an emergency medical condition (as de- change. good faith effort to make the request) under fined in subparagraph (A)), and ‘‘(v) OTHER CONDITIONS.—There were other paragraph (1)(C) and ends when— ‘‘(ii) within the capabilities of the staff and factors (such as those identified in guide- ‘‘(A) the individual is discharged from the facilities available at the hospital, such fur- lines) that prevented the enrollee from con- hospital; ther medical examination and treatment as trolling selection of the hospital in which ‘‘(B) a physician (designated by the issuer are required under section 1867 of the Social the services were provided. involved) and with privileges at the hospital Security Act to stabilize the patient. ‘‘(b) ASSURING COORDINATED COVERAGE OF involved arrives at the emergency depart- ‘‘(C) TRAUMA AND BURN CENTERS.—The pro- MAINTENANCE CARE AND POST-STABILIZATION ment of the hospital and assumes responsi- visions of clause (ii) of subparagraph (B) CARE.— bility with respect to the treatment of the apply to a trauma or burn center, in a hos- ‘‘(1) IN GENERAL.—In the case of an enrollee individual; or pital, that— who is covered under health insurance cov- ‘‘(C) the treating physician and the issuer ‘‘(i) is designated by the State, a regional erage issued by a health insurance issuer and agree to another arrangement with respect authority of the State, or by the designee of who has received emergency services pursu- to the care of the individual. the State, or ant to a screening evaluation conducted (or ‘‘(5) WHEN POST-STABILIZATION CARE RE- ‘‘(ii) is in a State that has not made such supervised) by a treating physician at a hos- QUIRED TO BE COVERED.— designations and meets medically recognized pital that is a nonparticipating provider ‘‘(A) WHEN TREATING PHYSICIAN UNABLE TO national standards. with respect to emergency services, if— COMMUNICATE REQUEST.—If the treating phy- ‘‘(3) APPLICATION OF NETWORK RESTRICTION ‘‘(A) pursuant to such evaluation, the physician or other individual makes the good PERMITTED IN CERTAIN CASES.— sician identifies post-stabilization care (as faith effort to request authorization under

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or such guidelines. ceives the request and the treating physician ‘‘(B) preventing a treating physician or ‘‘(3) GUIDELINES.—The term ‘guidelines’ does not request under clause (ii) to commu- other individual described in paragraph means guidelines established by the Sec- nicate directly with an authorized physician (1)(C) and an issuer from agreeing to modify retary after consultation with an advisory concerning the denial. any of the time periods specified in para- panel that includes individuals representing ‘‘(ii) REQUEST FOR DIRECT PHYSICIAN-TO- graphs (5) as it relates to cases involving emergency physicians, health insurance PHYSICIAN COMMUNICATION CONCERNING DE- such persons. issuers, including at least one health mainte- NIAL.—If a denial of a request is commu- ‘‘(c) LIMITS ON COST-SHARING FOR SERVICES nance organization, hospitals, employers, nicated under clause (i), the treating physi- FURNISHED IN EMERGENCY DEPARTMENTS.—If the States, and consumers. cian may request to communicate respecting health insurance coverage provides any ben- ‘‘(4) PRIOR AUTHORIZATION DETERMINA- the denial directly with a physician who is efits with respect to emergency services, the TION.—The term ‘prior authorization deter- authorized by the issuer to deny or affirm health insurance issuer offering such cov- mination’ means, with respect to items and such a denial. erage may impose cost sharing with respect services for which coverage may be provided ‘‘(C) WHEN NO TIMELY RESPONSE TO REQUEST to such services only if the following condi- under health insurance coverage, a deter- FOR PHYSICIAN-TO-PHYSICIAN COMMUNICA- tions are met: mination (before the provision of the items TION.—If a request for physician-to-physician ‘‘(1) LIMITATIONS ON COST-SHARING DIF- and services and as a condition of coverage communication is made under subparagraph FERENTIAL FOR NONPARTICIPATING PRO- of the items and services under the coverage) (B)(ii), the post-stabilization care requested VIDERS.— of whether or not such items and services is required to be covered under this sub- ‘‘(A) NO DIFFERENTIAL FOR CERTAIN SERV- will be covered under the coverage. section beginning 30 minutes after the time ICES.—In the case of services furnished under ‘‘(5) STABILIZE.—The term ‘to stabilize’ when the issuer receives the request from a the circumstances described in clause (i), means, with respect to an emergency med- treating physician unless a physician, who is (ii), or (iii) of subsection (a)(3)(B) (relating to ical condition, to provide (in complying with authorized by the issuer to reverse or affirm circumstances beyond the control of the en- section 1867 of the Social Security Act) such the initial denial of the care, communicates rollee, the likelihood of an adverse health medical treatment of the condition as may (or makes a good faith effort to commu- consequence based on layperson’s judgment, be necessary to assure, within reasonable nicate) directly with the treating physician and physician referral), the cost-sharing for medical probability, that no material dete- within such 30-minute period. such services provided by a nonparticipating rioration of the condition is likely to result ‘‘(D) DISAGREEMENTS OVER POST-STABILIZA- provider or physician does not exceed the from or occur during the transfer of the indi- TION CARE.—If, after a direct physician-to- cost-sharing for such services provided by a vidual from the facility. physician communication under subpara- participating provider or physician. ‘‘(6) STABILIZED.—The term ‘stabilized’ graph (C), the denial of the request for the ‘‘(B) ONLY REASONABLE DIFFERENTIAL FOR means, with respect to an emergency med- post-stabilization care is not reversed and OTHER SERVICES.—In the case of other emer- ical condition, that no material deteriora- the treating physician communicates to the gency services, any differential by which the tion of the condition is likely, within reason- issuer involved a disagreement with such de- cost-sharing for such services provided by a able medical probability, to result from or cision, the post-stabilization care requested nonparticipating provider or physician ex- occur before an individual can be transferred is required to be covered under this sub- ceeds the cost-sharing for such services pro- from the facility, in compliance with the re- section beginning as follows: vided by a participating provider or physi- quirements of section 1867 of the Social Se- ‘‘(i) DELAY TO ALLOW FOR PROMPT ARRIVAL cian is reasonable (as determined under curity Act. OF PHYSICIAN ASSUMING RESPONSIBILITY.—If guidelines). ‘‘(7) TREATING PHYSICIAN.—The term ‘treat- the issuer communicates that a physician ‘‘(2) ONLY REASONABLE DIFFERENTIAL BE- ing physician’ includes a treating health (designated by the plan or issuer) with privi- TWEEN EMERGENCY SERVICES AND OTHER SERV- care professional who is licensed under State leges at the hospital involved will arrive ICES.—Any differential by which the cost- law to provide emergency services other promptly (as determined under guidelines) at sharing for services furnished in an emer- than under the supervision of a physician. the emergency department of the hospital in gency department exceeds the cost-sharing ‘‘SEC. 2772. ACCESS TO SPECIALTY CARE. order to assume responsibility with respect for such services furnished in another setting ‘‘(a) OBSTETRICAL AND GYNECOLOGICAL to the treatment of the enrollee involved, is reasonable (as determined under guide- CARE.— the required coverage of the post-stabiliza- lines). ‘‘(1) IN GENERAL.—If a health insurance tion care begins after the passage of such ‘‘(3) CONSTRUCTION.—Nothing in paragraph issuer, in connection with the provision of time period as would allow the prompt ar- (1)(B) or (2) shall be construed as authorizing health insurance coverage, requires or pro- rival of such a physician. guidelines other than guidelines that estab- vides for an enrollee to designate a partici- ‘‘(ii) OTHER CASES.—If the issuer does not lish maximum cost-sharing differentials. pating primary care provider— so communicate, the required coverage of ‘‘(d) INFORMATION ON ACCESS TO EMERGENCY ‘‘(A) the issuer shall permit a female en- the post-stabilization care begins imme- SERVICES.—A health insurance issuer, to the rollee to designate a physician who special- diately. extent a health insurance issuer offers izes in obstetrics and gynecology as the en- ‘‘(6) NO REQUIREMENT OF COVERAGE OF POST- health insurance coverage, shall provide edu- rollee’s primary care provider; and STABILIZATION CARE IF ALTERNATE PLAN OF cation to enrollees on— ‘‘(B) if such an enrollee has not designated TREATMENT.— ‘‘(1) coverage of emergency services (as de- such a provider as a primary care provider, ‘‘(A) IN GENERAL.—Coverage of post-sta- fined in subsection (a)(2)(B)) by the issuer in the issuer— bilization care is not required under this sub- accordance with the provisions of this sec- ‘‘(i) may not require prior authorization by section with respect to an individual when— tion, the enrollee’s primary care provider or oth- ‘‘(i) subject to subparagraph (B), a physi- ‘‘(2) the appropriate use of emergency serv- erwise for coverage of routine gynecological cian (designated by the plan or issuer in- ices, including use of the 911 telephone sys- care (such as preventive women’s health ex- volved) and with privileges at the hospital tem or its local equivalent, aminations) and pregnancy-related services involved arrives at the emergency depart- ‘‘(3) any cost sharing applicable to emer- provided by a participating physician who ment of the hospital and assumes responsi- gency services, specializes in obstetrics and gynecology to

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the extent such care is otherwise covered, treat the enrollee without a referral from ‘‘(4) TERMINAL ILLNESS.— and the enrollee’s primary care provider and may ‘‘(A) IN GENERAL.—If— ‘‘(ii) may treat the ordering of other gyne- authorize such referrals, procedures, tests, ‘‘(i) an enrollee was determined to be ter- cological care by such a participating physi- and other medical services as the enrollee’s minally ill (as defined in subparagraph (B)) cian as the prior authorization of the pri- primary care provider would otherwise be at the time of a provider’s termination of mary care provider with respect to such care permitted to provide or authorize, subject to participation, and under the coverage. the terms of the treatment plan (referred to ‘‘(ii) the provider was treating the ter- ‘‘(2) CONSTRUCTION.—Nothing in paragraph in paragraph (1)(C)(i)). minal illness before the date of termination, (1)(B)(ii) shall waive any requirements of ‘‘(C) ONGOING SPECIAL CONDITION DEFINED.— the transitional period under this subsection coverage relating to medical necessity or ap- In this paragraph, the term ‘special condi- shall extend for the remainder of the enroll- propriateness with respect to coverage of tion’ means a condition or disease that— ee’s life for care directly related to the treat- gynecological care so ordered. ‘‘(i) is life-threatening, degenerative, or ment of the terminal illness. ‘‘(b) SPECIALTY CARE.— disabling, and ‘‘(B) DEFINITION.—In subparagraph (A), an ‘‘(1) REFERRAL TO SPECIALTY CARE FOR EN- ‘‘(ii) requires specialized medical care over enrollee is considered to be ‘terminally ill’ if ROLLEES REQUIRING TREATMENT BY SPECIAL- a prolonged period of time. the enrollee has a medical prognosis that the ISTS.— ERMS OF REFERRAL.—The provisions ‘‘(D) T enrollee’s life expectancy is 6 months or less. ‘‘(A) IN GENERAL.—In the case of an en- of subparagraphs (C) through (E) of para- ERMISSIBLE TERMS AND CONDITIONS.— rollee who is covered under health insurance graph (1) shall apply with respect to referrals ‘‘(c) P coverage offered by a health insurance issuer under subparagraph (A) of this paragraph in An issuer may condition coverage of contin- and who has a condition or disease of suffi- the same manner as they apply to referrals ued treatment by a provider under sub- cient seriousness and complexity to require under paragraph (1)(A). section (a)(2) upon the provider agreeing to the following terms and conditions: treatment by a specialist, the issuer shall ‘‘(3) STANDING REFERRALS.— ‘‘(1) The provider agrees to continue to ac- make or provide for a referral to a specialist ‘‘(A) IN GENERAL.—A health insurance who is available and accessible to provide issuer, in connection with the provision of cept reimbursement from the issuer at the the treatment for such condition or disease. health insurance coverage, shall have a pro- rates applicable prior to the start of the ‘‘(B) SPECIALIST DEFINED.—For purposes of cedure by which an enrollee who has a condi- transitional period as payment in full. this subsection, the term ‘specialist’ means, tion that requires ongoing care from a spe- ‘‘(2) The provider agrees to adhere to the with respect to a condition, a health care cialist may receive a standing referral to issuer’s quality assurance standards and to practitioner, facility, or center (such as a such specialist for treatment of such condi- provide to the issuer necessary medical in- center of excellence) that has adequate ex- tion. If the issuer, or the primary care pro- formation related to the care provided. pertise through appropriate training and ex- vider in consultation with the medical direc- ‘‘(3) The provider agrees otherwise to ad- perience (including, in the case of a child, tor of the issuer and the specialist (if any), here to the issuer’s policies and procedures, appropriate pediatric expertise) to provide determines that such a standing referral is including procedures regarding referrals and high quality care in treating the condition. appropriate, the issuer shall make such a re- obtaining prior authorization and providing ‘‘(C) CARE UNDER REFERRAL.—Care provided ferral to such a specialist. services pursuant to a treatment plan ap- pursuant to such referral under subpara- ‘‘(C) TERMS OF REFERRAL.—The provisions proved by the issuer. graph (A) shall be— of subparagraphs (C) through (E) of para- ‘‘SEC. 2774. CHOICE OF PROVIDER. ‘‘(i) pursuant to a treatment plan (if any) graph (1) shall apply with respect to referrals ‘‘(a) PRIMARY CARE.—A health insurance developed by the specialist and approved by under subparagraph (A) of this paragraph in issuer that offers health insurance coverage the issuer, in consultation with the des- the same manner as they apply to referrals shall permit each enrollee to receive primary ignated primary care provider or specialist under paragraph (1)(A). care from any participating primary care and the enrollee (or the enrollee’s designee), ‘‘SEC. 2773. CONTINUITY OF CARE. provider who is available to accept such en- and ‘‘(a) IN GENERAL.—If a contract between a rollee. ‘‘(ii) in accordance with applicable quality health insurance issuer, in connection with ‘‘(b) SPECIALISTS.— assurance and utilization review standards of the provision of health insurance coverage, ‘‘(1) IN GENERAL.—Subject to paragraph (2), the issuer. and a health care provider is terminated a health insurance issuer that offers health (other than by the issuer for failure to meet Nothing in this subsection shall be construed insurance coverage shall permit each en- applicable quality standards or for fraud) as preventing such a treatment plan for an rollee to receive medically necessary spe- and an enrollee is undergoing a course of enrollee from requiring a specialist to pro- cialty care, pursuant to appropriate referral treatment from the provider at the time of vide the primary care provider with regular procedures, from any qualified participating updates on the specialty care provided, as such termination, the issuer shall— ‘‘(1) notify the enrollee of such termi- health care provider who is available to ac- well as all necessary medical information. cept such enrollee for such care. ‘‘(D) REFERRALS TO PARTICIPATING PRO- nation, and ‘‘(2) subject to subsection (c), permit the ‘‘(2) LIMITATION.—Paragraph (1) shall not VIDERS.—An issuer is not required under sub- apply to speciality care if the issuer clearly paragraph (A) to provide for a referral to a enrollee to continue the course of treatment with the provider during a transitional pe- informs enrollees of the limitations on specialist that is not a participating pro- choice of participating providers with re- vider, unless the issuer does not have an ap- riod (provided under subsection (b)). spect to such care. propriate specialist that is available and ac- ‘‘(b) TRANSITIONAL PERIOD.— ‘‘(c) LIST OF PARTICIPATING PROVIDERS.— cessible to treat the enrollee’s condition and ‘‘(1) IN GENERAL.—Except as provided in For disclosure of information about partici- that is a participating provider with respect paragraphs (2) through (4), the transitional to such treatment. period under this subsection shall extend for pating primary care and specialty care providers, see section 2782(b)(3). ‘‘(E) TREATMENT OF NONPARTICIPATING PRO- at least— VIDERS.—If an issuer refers an enrollee to a ‘‘(A) 60 days from the date of the notice to ‘‘SEC. 2775. COVERAGE FOR INDIVIDUALS PAR- nonparticipating specialist, services pro- the enrollee of the provider’s termination in TICIPATING IN APPROVED CLINICAL vided pursuant to the approved treatment the case of a primary care provider, or TRIALS. plan shall be provided at no additional cost ‘‘(B) 120 days from such date in the case of ‘‘(a) IN GENERAL.—If a health insurance to the enrollee beyond what the enrollee another provider. issuer offers health insurance coverage to a would otherwise pay for services received by ‘‘(2) INSTITUTIONAL CARE.—The transitional qualified enrollee (as defined in subsection such a specialist that is a participating pro- period under this subsection for institutional (b)), the issuer— vider. or inpatient care from a provider shall ex- ‘‘(1) may not deny the enrollee participa- ‘‘(2) SPECIALISTS AS PRIMARY CARE PRO- tend until the discharge or termination of tion in the clinical trial referred to in sub- VIDERS.— the period of institutionalization and shall section (b)(2); ‘‘(A) IN GENERAL.—A health insurance include reasonable follow-up care related to ‘‘(2) subject to subsection (c), may not issuer, in connection with the provision of the institutionalization and shall also in- deny (or limit or impose additional condi- health insurance coverage, shall have a pro- clude institutional care scheduled prior to tions on) the coverage of routine patient cedure by which a new enrollee upon enroll- the date of termination of the provider sta- costs for items and services furnished in con- ment, or an enrollee upon diagnosis, with an tus. nection with participation in the trial; and ongoing special condition (as defined in sub- ‘‘(3) PREGNANCY.—If— ‘‘(3) may not discriminate against the en- paragraph (C)) may receive a referral to a ‘‘(A) an enrollee has entered the second tri- rollee on the basis of the enrollee’s partici- specialist for such condition who shall be re- mester of pregnancy at the time of a pro- pation in such trial. sponsible for and capable of providing and vider’s termination of participation, and ‘‘(b) QUALIFIED ENROLLEE DEFINED.—For coordinating the enrollee’s primary and spe- ‘‘(B) the provider was treating the preg- purposes of subsection (a), the term ‘quali- cialty care. If such an enrollee’s care would nancy before date of the termination, fied enrollee’ means an enrollee under health most appropriately be coordinated by such a the transitional period under this subsection insurance coverage who meets the following specialist, the issuer shall refer the enrollee with respect to provider’s treatment of the conditions: to such specialist. pregnancy shall extend through the provi- ‘‘(1) The enrollee has a life-threatening or ‘‘(B) TREATMENT AS PRIMARY CARE PRO- sion of post-partum care directly related to serious illness for which no standard treat- VIDER.—Such specialist shall be permitted to the delivery. ment is effective.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1742 CONGRESSIONAL RECORD — SENATE February 27, 1997 ‘‘(2) The enrollee is eligible to participate ‘‘(A) uses criteria that are based on per- ‘‘SEC. 2781. STANDARDS FOR UTILIZATION RE- in an approved clinical trial with respect to formance and clinical outcomes where fea- VIEW ACTIVITIES. treatment of such illness. sible and appropriate, and ‘‘(a) COMPLIANCE WITH REQUIREMENTS.— ‘‘(3) The enrollee and the referring physi- ‘‘(B) includes criteria that are directed spe- ‘‘(1) IN GENERAL.—A health insurance cian conclude that the enrollee’s participa- cifically at meeting the needs of at-risk pop- issuer shall conduct utilization review action in such trial would be appropriate. ulations and enrollees with chronic or severe tivities in connection with the provision of ‘‘(4) The enrollee’s participation in the illnesses. health insurance coverage only in accord- trial offers potential for significant clinical ‘‘(5) SYSTEM FOR REPORTING.—The program ance with a utilization review program that benefit for the enrollee. has procedures for reporting of possible qual- meets the requirements of this section. ‘‘(2) USE OF OUTSIDE AGENTS.—Nothing in ‘‘(c) PAYMENT.— ity concerns by providers and enrollees and this section shall be construed as preventing ‘‘(1) IN GENERAL.—Under this section an for remedial actions to correct quality prob- a health insurance issuer from arranging issuer shall provide for payment for routine lems, including written procedures for re- through a contract or otherwise for persons patient costs described in subsection (a)(2) sponding to concerns and taking appropriate or entities to conduct utilization review ac- but is not required to pay for costs of items corrective action. tivities on behalf of the issuer, so long as and services that are reasonably expected (as ‘‘(6) DATA COLLECTION.—The program pro- such activities are conducted in accordance determined by the Secretary) to be paid for vides for the collection of systematic, sci- with a utilization review program that meets by the sponsors of an approved clinical trial. entifically based data to be used in the meas- the requirements of this section. ‘‘(2) PAYMENT RATE.—In the case of covered ure of quality. ‘‘(3) UTILIZATION REVIEW DEFINED.—For pur- items and services provided by— ‘‘(c) DEEMING.—For purposes of subsection poses of this section, the terms ‘utilization ‘‘(A) a participating provider, the payment (a), the requirements of subsection (b) are review’ and ‘utilization review activities’ deemed to be met with respect to a health rate shall be at the agreed upon rate, or mean procedures used to monitor or evaluate insurance issuer if the issuer— ‘‘(B) a nonparticipating provider, the pay- the clinical necessity, appropriateness, effi- ‘‘(1) is a qualified health maintenance or- ment rate shall be at the rate the issuer cacy, or efficiency of health care services, ganization (as defined in section 1310(d)), or would normally pay for comparable services procedures or settings, and includes ambula- ‘‘(2) is accredited by a national accredita- under subparagraph (A). tory review, prospective review, concurrent tion organization that is certified by the ‘‘(d) APPROVED CLINICAL TRIAL DEFINED.— review, second opinions, case management, Secretary. In this section, the term ‘approved clinical discharge planning, or retrospective review. trial’ means a clinical research study or clin- ‘‘SEC. 2778. COLLECTION OF STANDARDIZED ‘‘(b) WRITTEN POLICIES AND CRITERIA.— DATA. ical investigation approved and funded by ‘‘(1) WRITTEN POLICIES.—A utilization re- one or more of the following: ‘‘(a) IN GENERAL.—A health insurance view program shall be conducted consistent ‘‘(1) The National Institutes of Health. issuer that offers health insurance coverage with written policies and procedures that ‘‘(2) A cooperative group or center of the shall collect uniform quality data that in- govern all aspects of the program. National Institutes of Health. clude— ‘‘(2) USE OF WRITTEN CRITERIA.— ‘‘(3) The Department of Veterans Affairs. ‘‘(1) a minimum uniform data set described ‘‘(A) IN GENERAL.—Such a program shall ‘‘(4) The Department of Defense. in subsection (b), and utilize written clinical review criteria devel- ‘‘SEC. 2776. ACCESS TO NEEDED PRESCRIPTION ‘‘(2) additional data that are consistent oped pursuant to the program with the input DRUGS. with the requirements of a nationally recog- of appropriate physicians. ‘‘If a health insurance issuer offers health nized body identified by the Secretary. ‘‘(B) CONTINUING USE OF STANDARDS IN RET- ‘‘(b) MINIMUM UNIFORM DATA SET.—The insurance coverage that provides benefits ROSPECTIVE REVIEW.—If a health care service with respect to prescription drugs but the Secretary shall specify the data required to has been specifically pre-authorized or ap- coverage limits such benefits to drugs in- be included in the minimum uniform data proved for an enrollee under such a program, cluded in a formulary, the issuer shall— set under subsection (a)(1) and the standard the program shall not, pursuant to retro- ‘‘(1) ensure participation of participating format for such data. Such data shall include spective review, revise or modify the specific physicians in the development of the for- at least— standards, criteria, or procedures used for mulary; ‘‘(1) aggregate utilization data; the utilization review for procedures, treat- ‘‘(2) disclose the nature of the formulary ‘‘(2) data on the demographic characteris- ment, and services delivered to the enrollee restrictions; and tics of enrollees; during the same course of treatment. ‘‘(3) data on disease-specific and age-spe- ‘‘(3) provide for exceptions from the for- ‘‘(C) NO ADVERSE DETERMINATION BASED ON cific mortality rates of enrollees; mulary limitation when medical necessity, REFUSAL TO OBSERVE SERVICE.—Such a pro- as determined by the enrollee’s physician ‘‘(4) data on enrollee satisfaction, includ- gram shall not base an adverse determina- subject to reasonable review by the issuer, ing data on enrollee disenrollment and griev- tion on— dictates that a non-formulary alternative is ances; and ‘‘(i) a refusal to consent to observing any indicated. ‘‘(5) data on quality indicators. health care service, or ‘‘(c) AVAILABILITY.—A summary of the data ‘‘(ii) lack of reasonable access to a health ‘‘SUBPART 2—QUALITY ASSURANCE collected under subsection (a) shall be dis- care provider’s medical or treatment ‘‘SEC. 2777. INTERNAL QUALITY ASSURANCE PRO- closed under section 2782(b)(4). records, unless the program has provided GRAM. ‘‘SEC. 2779. PROCESS FOR SELECTION OF PRO- reasonable notice to the enrollee. ‘‘(a) REQUIREMENT.—A health insurance VIDERS. ‘‘(c) CONDUCT OF PROGRAM ACTIVITIES.— issuer that offers health insurance coverage ‘‘(a) IN GENERAL.—A health insurance ‘‘(1) ADMINISTRATION BY HEALTH CARE PRO- shall establish and maintain an ongoing, in- issuer that offers health insurance coverage FESSIONALS.—A utilization review program ternal quality assurance and continuous shall have a written process for the selection shall be administered by qualified health quality improvement program that meets of participating health care professionals, in- care professionals who shall oversee review the requirements of subsection (b). cluding minimum professional requirements. decisions. In this subsection, the term ‘‘(b) PROGRAM REQUIREMENTS.—The re- ‘‘(b) VERIFICATION OF BACKGROUND.—Such ‘health care professional’ means a physician quirements of this subsection for a quality process shall include verification of a health or other health care practitioner licensed, improvement program of an issuer are as fol- care provider’s license, a history of suspen- accredited, or certified to perform specified lows: sion or revocation, and liability claim his- health services consistent with State law. ‘‘(1) ADMINISTRATION.—The issuer has a tory. ‘‘(2) USE OF QUALIFIED, INDEPENDENT PER- separate identifiable unit with responsibility ‘‘(c) RESTRICTION.—Such process shall not SONNEL.— for administration of the program. use a high-risk patient base or location of a ‘‘(A) IN GENERAL.—A utilization review pro- ‘‘(2) WRITTEN PLAN.—The issuer has a writ- provider in an area with residents with poor- gram shall provide for the conduct of utiliza- ten plan for the program that is updated an- er health status as a basis for excluding pro- tion review activities only through personnel nually and that specifies at least the fol- viders from participation. who are qualified and, to the extent required, lowing: ‘‘SEC. 2780. DRUG UTILIZATION PROGRAM. who have received appropriate training in ‘‘(A) The activities to be conducted. ‘‘A health insurance issuer that provides the conduct of such activities under the pro- ‘‘(B) The organizational structure. health insurance coverage that includes ben- gram. ‘‘(C) The duties of the medical director. efits for prescription drugs shall establish ‘‘(B) PEER REVIEW OF ADVERSE CLINICAL DE- ‘‘(D) Criteria and procedures for the assess- and maintain a drug utilization program TERMINATIONS.—Such a program shall pro- ment of quality. which— vide that clinical peers shall evaluate the ‘‘(E) Systems for ongoing and focussed ‘‘(1) encourages appropriate use of prescrip- clinical appropriateness of adverse clinical evaluation activities. tion drugs by enrollees and providers, determinations. In this subsection, the term ‘‘(3) SYSTEMATIC REVIEW.—The program ‘‘(2) monitors illnesses arising from im- ‘clinical peer’ means, with respect to a re- provides for systematic review of the type of proper drug use or from adverse drug reac- view, a physician or other health care profes- health services provided, consistency of serv- tions or interactions, and sional who holds a non-restricted license in a ices provided with good medical practice, ‘‘(3) takes appropriate action to reduce the State and in the same or similar specialty as and patient outcomes. incidence of improper drug use and adverse typically manages the medical condition, ‘‘(4) QUALITY CRITERIA.—The program— drug reactions and interactions. procedure, or treatment under review.

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‘‘(C) PROHIBITION OF CONTINGENT COMPENSA- tion concerning such services, and provide sponsibility for payment of premiums, coin- TION ARRANGEMENTS.—Such a program shall notice of the determination to the enrollee surance, copayments, deductibles, and any not, with respect to utilization review activi- or the enrollee’s designee and the enrollee’s other charges, including limits on such re- ties, permit or provide compensation or any- health care provider by telephone and in sponsibility and responsibility for health thing of value to its employees, agents, or writing, within 30 days of the date of receipt care services that are provided by non- contractors in a manner that— of the necessary information respecting such participating providers or are furnished ‘‘(i) provides incentives, direct or indirect, determination. without meeting applicable utilization re- for such persons to make inappropriate re- ‘‘(4) REFERENCE TO SPECIAL RULES FOR view requirements. view decisions, or EMERGENCY SERVICES, MAINTENANCE CARE, ‘‘(3) INFORMATION ON PROVIDERS.—A de- ‘‘(ii) is based, directly or indirectly, on the AND POST-STABILIZATION CARE.—For waiver of scription— quantity or type of adverse determinations prior authorization requirements in certain ‘‘(A) of procedures for enrollees to select, rendered. cases involving emergency services and access, and change participating primary ‘‘(D) PROHIBITION OF CONFLICTS.—Such a maintenance care and post-stabilization and specialty providers, program shall not permit a health care pro- care, see sections 2771(a)(1)(A) and ‘‘(B) of the rights and procedures for ob- fessional who provides health care services 2771(a)(2)(A), respectively. taining referrals (including standing refer- to an enrollee to perform utilization review ‘‘(e) NOTICE OF ADVERSE DETERMINATIONS.— rals) to participating and nonparticipating activities in connection with the health care ‘‘(1) IN GENERAL.—Notice of an adverse de- services being provided to the enrollee. termination under a utilization review pro- providers, and ‘‘(3) TOLL-FREE TELEPHONE NUMBER.—Such gram (including as a result of a reconsider- ‘‘(C) in the case of each participating pro- a program shall provide that— ation under subsection (f)) shall be in writing vider, of the name, address, and telephone ‘‘(A) appropriate personnel performing uti- and shall include— number of the provider, the credentials of lization review activities under the program ‘‘(A) the reasons for the determination (in- the provider, and the provider’s availability are reasonably accessible by toll-free tele- cluding the clinical rationale); to accept new patients. phone not less than 40 hours per week during ‘‘(B) instructions on how to initiate an ap- ‘‘(4) UTILIZATION REVIEW ACTIVITIES.—A de- normal business hours to discuss patient peal under section 2785; and scription of procedures used and require- care and allow response to telephone re- ‘‘(C) notice of the availability, upon re- ments (including circumstances, time quests, and quest of the enrollee (or the enrollee’s des- frames, and rights to reconsideration and ap- ‘‘(B) the program has a telephone system ignee) of the clinical review criteria relied peal) under any utilization review program capable of accepting, recording, or providing upon to make such determination. under section 2781 or any drug utilization instruction to incoming telephone calls dur- ‘‘(2) SPECIFICATION OF ANY ADDITIONAL IN- program under section 2780, as well as a sum- ing other than normal business hours and to FORMATION.—Such a notice shall also specify mary of the minimum uniform data col- ensure response to accepted or recorded mes- what (if any) additional necessary informa- lected under section 2778(a)(1). sages not less than one business day after tion must be provided to, or obtained by, ‘‘(5) GRIEVANCE PROCEDURES.—Information the date on which the call was received. person making the determination in order to on the grievance procedures under sections ‘‘(4) LIMITS ON FREQUENCY.—Such a pro- make a decision on such an appeal. 2784 and 2785, including information describ- ‘‘(f) RECONSIDERATION.— gram shall not provide for the performance ing— ‘‘(1) AT REQUEST OF PROVIDER.—In the of utilization review activities with respect ‘‘(A) the grievance procedures used by the event that a utilization review program pro- to a class of services furnished to an enrollee issuer to process and resolve disputes be- more frequently than is reasonably required vides for an adverse determination without attempting to discuss such matter with the tween the issuer and an enrollee (including to assess whether the services under review method for filing grievances and the time are medically necessary. enrollee’s health care provider who specifi- frames and circumstances for acting on ‘‘(5) LIMITATION ON INFORMATION RE- cally recommended the health care service, grievances); QUESTS.—Under such a program, information procedure, or treatment under review, such ‘‘(B) written complaints and appeals, by shall be required to be provided by health health care provider shall have the oppor- care providers only to the extent it is nec- tunity to request a reconsideration of the ad- type of complaint or appeal, received by the essary to perform the utilization review ac- verse determination under this subsection. issuer relating to its coverage; and tivity involved. ‘‘(2) TIMING AND CONDUCT.—Except in cases ‘‘(C) the disposition of such complaints and ‘‘(d) DEADLINE FOR DETERMINATIONS.— of retrospective reviews, such reconsider- appeals. ‘‘(1) PRIOR AUTHORIZATION SERVICES.—Ex- ation shall occur as soon as possible in ac- ‘‘(6) PAYMENT METHODOLOGY.—A descrip- cept as provided in paragraph (2), in the case cordance with the medical exigencies of the tion of the types of methodologies the issuer of a utilization review activity involving the cases, and in no event later than 1 business uses to reimburse different classes of pro- prior authorization of health care items and day after the date of receipt of the request viders and, as specified by the Secretary, the services, the utilization review program and shall be conducted by the enrollee’s financial arrangements or contractual provi- shall make a determination concerning such health care provider and the health care pro- sions with providers. authorization, and provide notice of the de- fessional making the initial determination ‘‘(7) INFORMATION ON ISSUER.—Notice of ap- termination to the enrollee or the enrollee’s or a designated qualified health care profes- propriate mailing addresses and telephone designee and the enrollee’s health care pro- sional if the original professional cannot be numbers to be used by enrollees in seeking vider by telephone and in writing, as soon as available. information or authorization for treatment. possible in accordance with the medical ex- ‘‘(3) NOTICE.—In the event that the adverse ‘‘(8) ASSURING COMMUNICATIONS WITH EN- igencies of the cases, and in no event later determination is upheld after reconsider- ROLLEES.—A description of how the issuer than 3 business days after the date of receipt ation, the utilization review program shall addresses the needs of non-English-speaking of the necessary information respecting such provide notice as required under subsection enrollees and others with special commu- determination. (e). nications needs, including the provision of ‘‘(2) CONTINUED CARE.—In the case of a uti- ‘‘(4) CONSTRUCTION.—Nothing in this sub- information described in this subsection to lization review activity involving authoriza- section shall preclude the enrollee from ini- such enrollees. tion for continued or extended health care tiating an appeal from an adverse determina- services, or additional services for an en- tion under section 2785. ‘‘(c) FORM OF DISCLOSURE.— ‘‘(1) UNIFORMITY.—Information required to rollee undergoing a course of continued ‘‘SUBPART 3—PATIENT INFORMATION treatment prescribed by a health care probe disclosed under this section shall be pro- ‘‘SEC. 2782. PATIENT INFORMATION. vided in accordance with uniform, national vider, the utilization review program shall ‘‘(a) DISCLOSURE REQUIREMENT.—A health reporting standards specified by the Sec- make a determination concerning such au- insurance issuer in connection with the pro- retary, after consultation with applicable thorization, and provide notice of the deter- vision of health insurance coverage shall State authorities, so that prospective enroll- mination to the enrollee or the enrollee’s submit to the applicable State authority, designee and the enrollee’s health care pro- provide to enrollees (and prospective enrollees may compare the attributes of different vider by telephone and in writing, within 1 ees), and make available to the public, in issuers and coverage offered within an area. business day of the date of receipt of the nec- writing the information described in sub- ‘‘(2) INFORMATION INTO HANDBOOK.—Nothing essary information respecting such deter- section (b). in this section shall be construed as pre- mination. Such notice shall include, with re- ‘‘(b) INFORMATION.—The information de- venting an issuer from making the informa- spect to continued or extended health care scribed in this subsection includes the fol- tion under subsection (b) available to enroll- services, the number of extended services ap- lowing: ees through an enrollee handbook or similar proved, the new total of approved services, ‘‘(1) DESCRIPTION OF COVERAGE.—A descrip- publication. the date of onset of services, and the next re- tion of coverage provisions, including health ‘‘(3) UPDATING.—The information on par- view date. care benefits, benefit limits, coverage exclu- ticipating providers described in subsection ‘‘(3) PREVIOUSLY PROVIDED SERVICES.—In sions, coverage of emergency care, and the (a)(3)(C) shall be updated not less frequently the case of a utilization review activity in- definition of medical necessity used in deter- than monthly. Nothing in this section shall volving retrospective review of health care mining whether benefits will be covered. prevent an issuer from changing or updating services previously provided, the utilization ‘‘(2) ENROLLEE FINANCIAL RESPONSIBILITY.— other information made available under this review program shall make a the determina- An explanation of an enrollee’s financial re- section.

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‘‘(4) CONSTRUCTION.—Nothing in subsection ees and providers shall be provided with a vided in subparagraph (B)) 20 business days (a)(6) shall be construed as requiring disclo- written explanation of the appeal process in the case of all other appeals. sure of individual contracts or financial ar- upon the conclusion of each stage in the ap- ‘‘(B) EXTENSION.—An issuer may extend the rangements between an issuer and any pro- peal process and as provided in section deadline for an appeal that does not relate to vider. Nothing in this subsection shall be 2782(a)(5) a decision regarding urgent or emergency construed as preventing the information de- ‘‘(2) APPEALABLE DECISION DEFINED.—In care up to an additional 20 business days scribed in subsection (a)(3)(C) from being this section, the term ‘appealable decision’ where it can demonstrate to the applicable provided in a separate document. means any of the following: State authority reasonable cause for the ‘‘SEC. 2783. PROTECTION OF PATIENT CONFIDEN- ‘‘(A) An adverse determination under a uti- delay beyond its control and where it pro- TIALITY. lization review program under section 2781. vides, within the original deadline under sub- ‘‘A health insurance issuer that offers ‘‘(B) Denial of access to specialty and other paragraph (A), a written progress report and health insurance coverage shall establish ap- care under section 2772. explanation for the delay to such authority propriate policies and procedures to ensure ‘‘(C) Denial of continuation of care under and to the enrollee and provider involved. that all applicable State and Federal laws to section 2773. ‘‘(5) NOTICE.—If an issuer denies a stage 2 protect the confidentiality of individually ‘‘(D) Denial of a choice of provider under appeal, the issuer shall provide the enrollee identifiable medical information are fol- section 2774. and provider involved with written notifica- lowed. ‘‘(E) Denial of coverage of routine patient tion of the denial and the reasons therefore, costs in connection with an approval clinical ‘‘SUBPART 4—GRIEVANCE PROCEDURES together with a written notification of rights trial under section 2775. to any further appeal ‘‘SEC. 2784. ESTABLISHMENT OF COMPLAINT AND ‘‘(F) Denial of access to needed drugs under APPEALS PROCESS. ‘‘(d) DIRECT USE OF FURTHER APPEALS.—In section 2776(3). the event that the issuer fails to comply ‘‘(a) ESTABLISHMENT OF SYSTEM.—A health ‘‘(G) The imposition of a limitation that is with any of the deadlines for completion of insurance issuer in connection with the pro- prohibited under section 2789. vision of health insurance coverage shall es- appeals under this section or in the event ‘‘(H) Denial of payment for a benefit, that the issuer for any reason expressly tablish and maintain a system to provide for ‘‘(b) INFORMAL INTERNAL APPEAL PROCESS waives its rights to an internal review of an the presentation and resolution of com- (STAGE 1).— appeal under subsection (b) or (c), the en- plaints and appeals brought by enrollees, ‘‘(1) IN GENERAL.—Each issuer shall estab- rollee and provider involved shall be relieved designees of enrollees, or by health care pro- lish and maintain an informal internal ap- of any obligation to complete the appeal viders acting on behalf of an enrollee and peal process (an appeal under such process in stage involved and may, at the enrollee’s or with the enrollee’s consent, regarding any this section referred to as a ‘stage 1 appeal’) aspect of the issuer’s health care services, in- under which any enrollee or any provider provider’s option, proceed directly to seek cluding complaints regarding quality of care, acting on behalf of an enrollee with the en- further appeal through any applicable exter- choice and accessibility of providers, net- rollee’s consent, who is dissatisfied with any nal appeals process. work adequacy, and compliance with the re- appealable decision has the opportunity to ‘‘(e) EXTERNAL APPEAL PROCESS IN CASE OF quirements of this part. discuss and appeal that decision with the USE OF EXPERIMENTAL TREATMENT TO SAVE ‘‘(b) COMPONENTS OF SYSTEM.—Such system medical director of the issuer or the health LIFE OF PATIENT.— shall include the following components care professional who made the decision. ‘‘(1) IN GENERAL.—In the case of an enrollee (which shall be consistent with applicable re- ‘‘(2) TIMING.—All appeals under this para- described in paragraph (2), the health insur- quirements of section 2785): graph shall be concluded as soon as possible ance issuer shall provide for an external ‘‘(1) Written notification to all enrollees in accordance with the medical exigencies of independent review process respecting the and providers of the telephone numbers and the cases, and in no event later than 72 hours issuer’s decision not to cover the experi- business addresses of the issuer employees in the case of appeals from decisions regard- mental therapy (described in paragraph responsible for resolution of complaints and ing urgent care and 5 days in the case of all (2)(B)(ii)). appeals. other appeals. ‘‘(2) ENROLLEE DESCRIBED.—An enrollee de- ‘‘(2) A system to record and document, ‘‘(3) FURTHER REVIEW.—If the appeal is not scribed in this paragraph is an enrollee who over a period of at least 3 years, all com- resolved to the satisfaction of the enrollee at meets the following requirements: plaints and appeals made and their status. this level by the deadline under paragraph ‘‘(A) The enrollee has a terminal condition ‘‘(3) The availability of an enrollee services (2), the issuer shall provide the enrollee and that is highly likely to cause death within 2 representative to assist enrollees, as re- provider (if any) with a written explanation years. quested, with complaint and appeal proce- of the decision and the right to proceed to a ‘‘(B) The enrollee’s physician certifies dures. stage 2 appeal under subsection (c). that— ‘‘(4) Establishment of a specified deadline ‘‘(c) FORMAL INTERNAL APPEAL PROCESS ‘‘(i) there is no standard, medically appro- (not to exceed 30 days after the date of re- (STAGE 2).— priate therapy for successfully treating such ceipt of a complaint or appeal) for the issuer ‘‘(1) IN GENERAL.—Each issuer shall estab- terminal condition, but to respond to complaints or appeals. lish and maintain a formal internal appeal ‘‘(ii) based on medical and scientific evi- ‘‘(5) A process describing how complaints process (an appeal under such process in this dence, there is a drug, device, procedure, or and appeals are processed and resolved. section referred to as a ‘stage 2 appeal’) therapy (in this section referred to as the ‘‘(6) Procedures for follow-up action, in- under which any enrollee or provider acting ‘experimental therapy’) that is more bene- cluding the methods to inform the complain- on behalf of an enrollee with the enrollee’s ficial than any available standard therapy. ant or appellant of the resolution of a com- consent, who is dissatisfied with the results ‘‘(C) The issuer has denied coverage of the plaint or appeal. of a stage 1 appeal has the opportunity to ap- experimental therapy on the basis that it is ‘‘(7) Notification to the continuous quality peal the results before a panel that includes experimental or investigational. improvement program under section 2777(a) a physician or other health care professional ‘‘(3) DESCRIPTION OF PROCESS AND DECI- of all complaints and appeals relating to (or professionals) selected by the issuer who SION.—The process under this subsection quality of care. have not been involved in the appealable de- shall provide for a determination on a timely ‘‘(c) NO REPRISAL FOR EXERCISE OF cision at issue in the appeal. basis, by a panel of independent, impartial RIGHTS.—A health insurance issuer shall not ‘‘(2) AVAILABILITY OF CLINICAL PEERS.—The physicians appointed by a State authority or take any action with respect to an enrollee panel under subparagraph (A) shall have by an independent review organization cer- or a health care provider that is intended to available either clinical peers (as defined in tified by the State, of the medical appro- penalize the enrollee, a designee of the en- section 2781(c)(2)(B)) who have not been in- priateness of the experimental therapy. The rollee, or the health care provider for dis- volved in the appealable decision at issue in decision of the panel shall be in writing and cussing or exercising any rights provided the appeal or others who are mutually shall be accompanied by an explanation of under this part (including the filing of a agreed upon by the parties. If requested by the basis for the decision. A decision of the complaint or appeal pursuant to this sec- the enrollee or enrollee’s provider with the panel that is favorable to the enrollee may tion). enrollee’s consent, such a peer shall partici- not be appealed by the issuer except in the ‘‘SEC. 2785. PROVISIONS RELATING TO APPEALS pate in the panel’s review of the case. case of misrepresentation of a material fact OF UTILIZATION REVIEW DETER- ‘‘(3) TIMELY ACKNOWLEDGMENT.—The issuer by the enrollee or a provider. A decision of MINATIONS AND SIMILAR DETER- shall acknowledge the enrollee or provider the panel that is not favorable to the en- MINATIONS. involved of the receipt of a stage 2 appeals rollee may be appealed by the enrollee. ‘‘(a) RIGHT OF APPEAL.— upon receipt of the appeal. ‘‘(4) ISSUER COVERING PROCESS COSTS.—Di- ‘‘(1) IN GENERAL.—An enrollee in health in- ‘‘(4) DEADLINE.— rect costs of the process under this sub- surance coverage offered by a health insur- ‘‘(A) IN GENERAL.—The issuer shall con- section shall be borne by the issuer, and not ance issuer, and any provider acting on be- clude each stage 2 appeal as soon as possible by the enrollee. half of the enrollee with the enrollee’s con- after the date of the receipt of the appeal in ‘‘(f) OTHER INDEPENDENT OR EXTERNAL RE- sent, may appeal any appealable decision (as accordance with medical exigencies of the VIEW.— defined in paragraph (2)) under the proce- case involved, but in no event later than 72 ‘‘(1) IN GENERAL.—In the case of appealable dures described in this section and (to the hours in the case of appeals from decisions decision described in paragraph (2), the extent applicable) section 2784. Such enroll- regarding urgent care and (except as pro- health insurance issuer shall provide for—

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Such reports shall sional judgment of the provider) but only if decisions consistent with the requirements include information on the number of stage the guidelines or protocols under such utili- of paragraph (3), or 2 appeals (and decisions), for each of the zation do not prohibit or restrict medical ‘‘(B) an internal independent review proc- types of review processes described in para- communications between providers and their ess for such decisions consistent with the re- graph (2), by health insurance coverage. patients; or quirements of paragraph (4). ‘‘(g) CONSTRUCTION.—Nothing in this part ‘‘(2) to permit a health care provider to ‘‘(2) APPEALABLE DECISION DESCRIBED.—An shall be construed as removing any legal misrepresent the scope of benefits covered appealable decision described in this para- rights of enrollees under State or Federal under health insurance coverage or to other- graph is decision that does not involve a de- law, including the right to file judicial ac- wise require a health insurance issuer to re- cision described in subsection (e)(1) but in- tions to enforce rights. imburse providers for benefits not covered volves— ‘‘SEC. 2786. STATE HEALTH INSURANCE OMBUDS- under the coverage. ‘‘(A) a claim for benefits involving costs MEN. ‘‘(c) MEDICAL COMMUNICATION DEFINED.— over a significant threshold, or ‘‘(a) IN GENERAL.—Each State that obtains ‘‘(1) IN GENERAL.—In this section, the term ‘‘(B) assuring access to care for a serious a grant under subsection (c) shall establish ‘medical communication’ means any commu- condition. and maintain a Health Insurance Ombuds- nication made by a health care provider with ‘‘(3) EXTERNAL REVIEW PROCESS.—The re- man. Such Ombudsman may be part of a a patient of the health care provider (or the quirements of this subsection for an external independent, nonprofit entity, and shall be guardian or legal representative of such pa- review process are as follows: responsible for at least the following: tient) with respect to— ‘‘(A) The process is established under State ‘‘(1) To assist consumers in the State in law and provides for review of decisions on choosing among health insurance coverage. ‘‘(A) the patient’s health status, medical stage 2 appeals by an independent review or- ‘‘(2) To provide counseling and assistance care, or treatment options; ganization certified by the State. to enrollees dissatisfied with their treatment ‘‘(B) any utilization review requirements ‘‘(B) If the process provides that decisions by health insurance issuers in regard to such that may affect treatment options for the in such process are not binding on issuers, coverage and in the filing of complaints and patient; or the process must provide for public methods appeals regarding determinations under such ‘‘(C) any financial incentives that may af- of disclosing frequency of noncompliance coverage. fect the treatment of the patient. with such decisions and for sanctioning ‘‘(3) To investigate instances of poor qual- ‘‘(2) MISREPRESENTATION.—The term ‘med- issuers that consistently refuse to take ap- ity or improper treatment of enrollees by ical communication’ does not include a com- propriate actions in response to such deci- health insurance issuers in regard to such munication by a health care provider with a sions. coverage and to bring such instances to the patient of the health care provider (or the ‘‘(C) Results of all such reviews under the attention of the applicable State authority. guardian or legal representative of such pa- process are disclosed to the public, along ‘‘(b) FEDERAL ROLE.—In the case of any tient) if the communication involves a with at least annual disclosure of informa- State that does not establish and maintain knowing or willful misrepresentation by tion on issuer compliance. such an Ombudsman under subsection (a), such provider. ‘‘(D) All decisions under the process shall the Secretary shall provide for the establish- ‘‘SEC. 2788. PROHIBITION AGAINST TRANSFER OF be in writing and shall be accompanied by an ment and maintenance of such an official as INDEMNIFICATION OR IMPROPER explanation of the basis for the decision. will carry out with respect to that State the INCENTIVE ARRANGEMENTS. ‘‘(E) Direct costs of the process shall be functions otherwise provided under sub- ‘‘(a) PROHIBITION OF TRANSFER OF INDEM- borne by the issuer, and not by the enrollee. section (a) by a Health Insurance Ombuds- NIFICATION.—No contract or agreement be- ‘‘(F) The issuer shall provide for publica- man. tween a health insurance issuer (or any tion at least annually of information on the ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— agent acting on behalf of such an issuer) and numbers of appeals and decisions considered There are authorized to be appropriated to a health care provider shall contain any under the process. the Secretary such amounts as may be nec- clause purporting to transfer to the health ‘‘(4) INTERNAL, INDEPENDENT REVIEW PROC- essary to provide for grants to States to es- care provider by indemnification or other- ESS.—The requirements of this subsection for tablish and operate Health Insurance Om- an internal, independent review process are budsmen under subsection (a) or for the oper- wise any liability relating to activities, ac- as follows: ation of Ombudsmen under subsection (b). tions, or omissions of the issuer or agent (as opposed to the provider). ‘‘(A)(i) The process must provide for the ‘‘SUBPART 5—PROTECTION OF PROVIDERS participation of persons who are independent AGAINST INTERFERENCE WITH MEDICAL COM- ‘‘(b) PROHIBITION OF IMPROPER PHYSICIAN of the issuer in conducting reviews and (ii) MUNICATIONS AND IMPROPER INCENTIVE AR- INCENTIVE PLANS.— the Secretary must have found (through re- RANGEMENTS ‘‘(1) IN GENERAL.—A health insurance views conducted no less often than bian- ‘‘SEC. 2787. PROHIBITION OF INTERFERENCE issuer offering health insurance coverage nually) the process to be fair and impartial. WITH CERTAIN MEDICAL COMMU- may not operate any physician incentive ‘‘(B) If the process provides that decisions NICATIONS. plan unless the following requirements are in such process are not binding on issuers, ‘‘(a) PROHIBITION.— met: the process must provide for public methods ‘‘(1) GENERAL RULE.—The provisions of any ‘‘(A) No specific payment is made directly of disclosing frequency of noncompliance contract or agreement, or the operation of or indirectly by the issuer to a physician or with such decisions and for sanctioning any contract or agreement, between a health physician group as an inducement to reduce issuers that consistently refuse to take ap- insurance issuer in relation to health insur- or limit medically necessary services pro- propriate actions in response to such deci- ance coverage (including any partnership, vided with respect to a specific individual sions. association, or other organization that en- enrolled with the issuer. ‘‘(C) Results of all such reviews under the ters into or administers such a contract or ‘‘(B) If the plan places a physician or phy- process are disclosed to the public, along agreement) and a health care provider (or sician group at substantial financial risk (as with at least annual disclosure of informa- group of health care providers) shall not pro- determined by the Secretary) for services tion on issuer compliance. hibit or restrict the provider from engaging not provided by the physician or physician ‘‘(D) All decisions under the process shall in medical communications with the pro- group, the issuer— be in writing and shall be accompanied by an vider’s patient. ‘‘(i) provides stop-loss protection for the explanation of the basis for the decision. ‘‘(2) NULLIFICATION.—Any contract provi- physician or group that is adequate and ap- ‘‘(E) Direct costs of the process shall be sion or agreement described in paragraph (1) propriate, based on standards developed by borne by the issuer, and not by the enrollee. shall be null and void. the Secretary that take into account the ‘‘(F) The issuer shall provide for publica- ‘‘(3) PROHIBITION ON PROVISIONS.—A con- number of physicians placed at such substan- tion at least annually of information on the tract or agreement described in paragraph (1) tial financial risk in the group or under the numbers of appeals and decisions considered shall not include a provision that violates plan and the number of individuals enrolled under the process. paragraph (1). with the issuer who receive services from the The Secretary may delegate the authority ‘‘(b) RULES OF CONSTRUCTION.—Nothing in physician or the physician group, and under subparagraph (A)(ii) to applicable this section shall be construed— ‘‘(ii) conducts periodic surveys of both in- State authorities. ‘‘(1) to prohibit the enforcement, as part of dividuals enrolled and individuals previously ‘‘(5) OVERSIGHT.—The Secretary (and appli- a contract or agreement to which a health enrolled with the issuer to determine the de- cable State authorities in the case of delega- care provider is a party, of any mutually gree of access of such individuals to services tion of Secretarial authority under para- agreed upon terms and conditions, including provided by the issuer and satisfaction with graph (4)) shall conduct reviews not less terms and conditions requiring a health care the quality of such services. often than biannually of the fairness and im- provider to participate in, and cooperate ‘‘(C) The issuer provides the applicable partiality issuers who desired to use an in- with, all programs, policies, and procedures State authority (or the Secretary if such au- ternal, independent review process described developed or operated by a health insurance thority is implementing this section) with in paragraph (4) to satisfy the requirement of issuer to assure, review, or improve the qual- descriptive information regarding the plan, paragraph (1). ity and effective utilization of health care sufficient to permit the authority (or the ‘‘(6) REPORT.—The Secretary shall provide services (if such utilization is according to Secretary in such case) to determine wheth- for periodic reports on the effectiveness of guidelines or protocols that are based on er the plan is in compliance with the require- this subsection in assuring fair and impartial clinical or scientific evidence and the profes- ments of this paragraph.

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‘‘(2) PHYSICIAN INCENTIVE PLAN DEFINED.— under part C with respect to individual any requirement added by subsection (a) or In this section, the term ‘physician incentive health insurance coverage it offers.’’. (b) shall not be treated as a termination of plan’ means any compensation arrangement (d) MODIFICATION OF PREEMPTION STAND- such collective bargaining agreement. between a health insurance issuer and a phy- ARDS.— (2) The amendments made by subsections sician or physician group that may directly (1) GROUP HEALTH INSURANCE COVERAGE.— (a), (c), (d)(2), and (e) shall apply with re- or indirectly have the effect of reducing or Section 2723 of such Act (42 U.S.C. 300gg–23) spect to individual health insurance cov- limiting services provided with respect to in- is amended— erage offered, sold, issued, renewed, in effect, dividuals enrolled with the issuer. (A) in subsection (a)(1), by striking ‘‘sub- or operated in the individual market on or ‘‘(3) APPLICATION OF MEDICARE RULES.—The section (b)’’ and inserting ‘‘subsections (b) after the general effective date. Secretary shall provide for the application of and (c)’’; SEC. 3. AMENDMENTS TO THE EMPLOYEE RE- rules under this subsection that are substan- (B) by redesignating subsections (c) and (d) TIREMENT INCOME SECURITY ACT tially the same as the rules established to as subsections (d) and (e), respectively; and OF 1974. carry out section 1876(i)(8) of the Social Se- (C) by inserting after subsection (b) the fol- (a) IN GENERAL.—Subpart B of part 7 of curity Act. lowing new subsection: subtitle B of title I of the Employee Retire- ‘‘SUBPART 6—PROMOTING GOOD MEDICAL ‘‘(c) SPECIAL RULES IN CASE OF PATIENT ment Income Security Act of 1974 is amended PRACTICE AND PROTECTING THE DOCTOR-PA- PROTECTION REQUIREMENTS.—Subject to sub- by adding at the end the following new sec- TIENT RELATIONSHIP section (a)(2), the provisions of section 2706 tion: ‘‘SEC. 2789. PROMOTING GOOD MEDICAL PRAC- and part C (other than section 2771), and part ‘‘SEC. 713. PATIENT PROTECTION STANDARDS. TICE. D insofar as it applies to section 2706 or part ‘‘(a) IN GENERAL.—Subject to subsection ‘‘(a) PROHIBITING ARBITRARY LIMITATIONS C, shall not prevent a State from estab- (b), a group health plan (and a health insur- OR CONDITIONS FOR THE PROVISION OF SERV- lishing requirements relating to the subject ance issuer offering group health insurance ICES.—A health insurance issuer, in connec- matter of such provisions (other than section coverage in connection with such a plan) tion with the provision of health insurance 2771) so long as such requirements are at shall comply with the requirements of part C coverage, may not impose limits on the man- least as stringent on health insurance (other than section 2786) of title XXVII of ner in which particular services are delivered issuers as the requirements imposed under the Public Health Service Act. if the services are medically necessary and such provisions. Subsection (a) shall apply to ‘‘(b) APPLICATION.—In applying subsection appropriate for the treatment or diagnosis of the provisions of section 2771 (and section (a) under this part, any reference in such an illness or injury to the extent that such 2706 insofar as it relates to such section).’’. subpart C— treatment or diagnosis is otherwise a cov- (2) INDIVIDUAL HEALTH INSURANCE COV- ‘‘(1) to a health insurance issuer and health ered benefit. ERAGE.—Section 2762 of such Act (42 U.S.C. insurance coverage offered by such an issuer ‘‘(b) MEDICAL NECESSITY AND APPROPRIATE- 300gg–62), as added by section 605(b)(3)(B) of is deemed to include a reference to a group NESS DEFINED.—In subsection (a), the term Public Law 104–204, is amended— health plan and coverage under such plan, ‘medically necessary and appropriate’ (A) in subsection (a), by striking ‘‘sub- respectively; means, with respect to a service or benefit, a section (b), nothing in this part’’ and insert- ‘‘(2) to the Secretary is deemed a reference service or benefit determined by the treating ing ‘‘subsections (b) and (c)’’, and to the Secretary of Labor; physician participating in the health insur- (B) by adding at the end the following new ‘‘(3) to an applicable State authority is ance coverage after consultation with the subsection: deemed a reference to the Secretary of enrollee, to be required, accordingly to gen- ‘‘(c) SPECIAL RULES IN CASE OF MANAGED Labor; and erally accepted principles of good medical CARE REQUIREMENTS.—Subject to subsection ‘‘(4) to an enrollee with respect to health practice, for the diagnosis or direct care and (b), the provisions of section 2752 and part C insurance coverage is deemed to include a treatment of an illness or injury of the en- (other than section 2771), and part D insofar reference to a participant or beneficiary rollee. as it applies to section 2752 or part C, shall with respect to a group health plan. ‘‘(c) CONSTRUCTION.—Subsection (a) shall not prevent a State from establishing re- not be construed as requiring coverage of ‘‘(c) GROUP HEALTH PLAN OMBUDSMAN.— quirements relating to the subject matter of With respect to group health plans that pro- particular services the coverage of which is such provisions so long as such requirements otherwise not covered under the terms of the vide benefits other than through health in- are at least as stringent on health insurance surance coverage, the Secretary shall pro- coverage.’’. issuers as the requirements imposed under (b) APPLICATION TO GROUP HEALTH INSUR- vide for the establishment and maintenance such section. Subsection (a) shall apply to ANCE COVERAGE.— of such a Federal Group Health Plan Om- the provisions of section 2771 (and section (1) Subpart 2 of part A of title XXVII of the budsman that will carry out with respect to 2752 insofar as it relates to such section).’’. Public Health Service Act is amended by such plans the functions described in section (e) ADDITIONAL CONFORMING AMEND- adding at the end the following new section: 2786(a) of the Public Health Service Act with MENTS.— respect to health insurance issuers that offer ‘‘SEC. 2706. PATIENT PROTECTION STANDARDS. (1) Section 2723(a)(1) of such Act (42 U.S.C. ‘‘(a) IN GENERAL.—Each health insurance group health insurance coverage. 300gg–23(a)(1)) is amended by striking ‘‘part issuer shall comply with patient protection ‘‘(d) ASSURING COORDINATION.—The Sec- C’’ and inserting ‘‘parts C and D’’. requirements under part C with respect to retary of Health and Human Services and the (2) Section 2762(b)(1) of such Act (42 U.S.C. group health insurance coverage it offers. Secretary of Labor shall ensure, through the 300gg–62(b)(1)) is amended by striking ‘‘part ‘‘(b) ASSURING COORDINATION.—The Sec- execution of an interagency memorandum of retary of Health and Human Services and the C’’ and inserting ‘‘part D’’. understanding between such Secretaries, Secretary of Labor shall ensure, through the (f) EFFECTIVE DATES.—(1)(A) Subject to that— execution of an interagency memorandum of subparagraph (B), the amendments made by ‘‘(1) regulations, rulings, and interpreta- understanding between such Secretaries, subsections (a), (b), (d)(1), and (e) shall apply tions issued by such Secretaries relating to that— with respect to group health insurance cov- the same matter over which such Secretaries ‘‘(1) regulations, rulings, and interpreta- erage for group health plan years beginning have responsibility under such part C (and tions issued by such Secretaries relating to on or after July 1, 1998 (in this subsection re- section 2706 of the Public Health Service the same matter over which such Secretaries ferred to as the ‘‘general effective date’’) and Act) and this section are administered so as have responsibility under part C (and this also shall apply to portions of plan years oc- to have the same effect at all times; and section) and section 713 of the Employee Re- curring on and after January 1, 1999. ‘‘(2) coordination of policies relating to en- tirement Income Security Act of 1974 are ad- (B) In the case of group health insurance forcing the same requirements through such ministered so as to have the same effect at coverage provided pursuant to a group Secretaries in order to have a coordinated all times; and health plan maintained pursuant to 1 or enforcement strategy that avoids duplica- ‘‘(2) coordination of policies relating to en- more collective bargaining agreements be- tion of enforcement efforts and assigns prior- forcing the same requirements through such tween employee representatives and 1 or ities in enforcement.’’. Secretaries in order to have a coordinated more employers ratified before the date of (b) MODIFICATION OF PREEMPTION STAND- enforcement strategy that avoids duplica- enactment of this Act, the amendments ARDS.—Section 731 of such Act (42 U.S.C. tion of enforcement efforts and assigns prior- made by subsections (a), (b), (d)(1), and (e) 1191) is amended— ities in enforcement.’’.’’. shall not apply to plan years beginning be- (1) in subsection (a)(1), by striking ‘‘sub- (2) Section 2792 of such Act (42 U.S.C. fore the later of— section (b)’’ and inserting ‘‘subsections (b) 300gg–92) is amended by inserting ‘‘and sec- (i) the date on which the last collective and (c)’’; tion 2706(b)’’ after ‘‘of 1996’’. bargaining agreements relating to the plan (2) by redesignating subsections (c) and (d) (c) APPLICATION TO INDIVIDUAL HEALTH IN- terminates (determined without regard to as subsections (d) and (e), respectively; and SURANCE COVERAGE.—Part B of title XXVII of any extension thereof agreed to after the (3) by inserting after subsection (b) the fol- the Public Health Service Act is amended by date of enactment of this Act), or lowing new subsection: inserting after section 2751 the following new (ii) the general effective date. ‘‘(c) SPECIAL RULES IN CASE OF PATIENT section: For purposes of clause (i), any plan amend- PROTECTION REQUIREMENTS.—Subject to sub- ‘‘SEC. 2752. PATIENT PROTECTION STANDARDS. ment made pursuant to a collective bar- section (a)(2), the provisions of section 713 ‘‘Each health insurance issuer shall com- gaining agreement relating to the plan and part C of title XXVII of the Public ply with patient protection requirements which amends the plan solely to conform to Health Service Act (other than section 2771

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1747 of such Act), and subpart C insofar as it ap- noncombat veteran, with a non-service- the exempt amount permitted in deter- plies to section 713 or such part, shall not connected disability, would be eligible. mining excess earnings under the earn- prevent a State from establishing require- This legislation would seek to remedy ings test; to the Committee on Fi- ments relating to the subject matter of such that situation. nance. provisions (other than section 2771 of such Act) so long as such requirements are at Specifically, this bill establishes eli- THE BLIND PERSONS EARNINGS EQUITY ACT least as stringent on health insurance gibility for VA hospital care and med- Mr. MCCAIN. Mr. President, I rise issuers as the requirements imposed under ical services based upon the award of today with my good friend, Senator such provisions. Subsection (a) shall apply to the Purple Heart Medal. It also gives DODD, to introduce an important piece the provisions of section 2771 of such Act Purple Heart recipients an enrollment of legislation which would have a tre- (and section 713 of this Act insofar as it re- priority on par with former prisoners lates to such section).’’. mendous impact on the lives of many of war and veterans with service-con- blind people. Our bill restores the 20- (c) CONFORMING AMENDMENTS.— (1) Section nected disabilities rated between 10 and 732(a) of such Act (29 U.S.C. 1185(a)) is year link between blind people and sen- amended by striking ‘‘section 711’’ and in- 20 percent. ior citizens in regard to the Social Se- serting ‘‘sections 711 and 713’’. Mr. President, as a Vietnam veteran curity earnings limit which has helped (2) The table of contents in section 1 of who has been privileged to lead ma- many blind people become self-suffi- such Act is amended by inserting after the rines in combat, and as a member of cient and productive. item relating to section 712 the following the Senate Armed Services Committee, new item: Unfortunately, by passing the Senior I have a keen appreciation for the sac- Citizens Freedom to Work Act last ‘‘Sec. 713. Patient protection standards.’’. rifices made by all of our men and year, Congress broke the longstanding (3) Section 734 of such Act (29 U.S.C. 1187) women in uniform. At the same time, linkage in the treatment of blind peo- is amended by inserting ‘‘and section 713(d)’’ in the face of tighter budgets and after ‘‘of 1996’’. ple and seniors under Social Security, greater competition for services, I be- which resulted in allowing the earnings (d) EFFECTIVE DATE.—(1) Subject to para- lieve strongly that Congress should en- graph (2), the amendments made by this sec- limit to be raised for seniors only and tion shall apply with respect to group health sure equity in the disbursing of med- did not give blind people the same op- plans for plan years beginning on or after ical services for our most deserving of portunity to increase their earnings July 1, 1998 (in this subsection referred to as veterans—the combat wounded. These without penalizing their Social Secu- the ‘‘general effective date’’) and also shall veterans, who have shed their blood to rity benefits. apply to portions of plan years occurring on keep our country safe and free, deserve My intent when I sponsored the Sen- and after January 1, 1999. no less. (2) In the case of a group health plan main- ior Citizens Freedom to Work Act was Mr. President, I ask unanimous con- not to permanently break the link be- tained pursuant to 1 or more collective bar- sent that the text of the bill be printed gaining agreements between employee rep- tween blind people and the senior popu- in the RECORD. resentatives and 1 or more employers rati- lation. Last year, time constraints and fied before the date of enactment of this Act, There being no objection, the bill was fiscal considerations forced me to focus the amendments made by this section shall ordered to be printed in the RECORD, as solely on raising the unfair and burden- not apply to plan years beginning before the follows: some earnings limit for seniors. I am later of— S. 374 happy to say that the Senior Citizens (A) the date on which the last collective Be it enacted by the Senate and House of Rep- bargaining agreements relating to the plan Freedom to Work Act became law last resentatives of the United States of America in year, and the earnings exemption for terminates (determined without regard to Congress assembled, any extension thereof agreed to after the seniors is being raised in annual incre- date of enactment of this Act), or SECTION 1. ELIGIBILITY FOR HOSPITAL CARE ments until it reaches $30,000 in the AND MEDICAL SERVICES BASED ON (B) the general effective date. AWARD OF PURPLE HEART. year 2002. This law is allowing millions For purposes of subparagraph (A), any plan (a) ELIGIBILITY.—Section 1710(a)(2) of title of seniors to make their lives better amendment made pursuant to a collective 38, United States Code, is amended— and continue contributing to society as bargaining agreement relating to the plan (1) by striking out ‘‘or’’ at the end of sub- productive workers. which amends the plan solely to conform to paragraph (F); We now should work in the spirit of any requirement added by subsection (a) (2) by redesignating subparagraph (G) as fairness to ensure that this same op- shall not be treated as a termination of such subparagraph (H); and collective bargaining agreement. (3) by inserting after subparagraph (F) the portunity is given to the blind popu- following new subparagraph (G): lation. We should provide blind people By Mr. ROBB: ‘‘(G) who has been awarded the Purple the opportunity to be productive and S. 374. A bill to amend title 38, Heart; or’’. make it on their own. We should not United States Code, to extend eligi- (b) ENROLLMENT PRIORITY.—Section continue policies which discourage bility for hospital care and medical 1705(a)(3) of such title is amended— these individuals from working and services under chapter 17 of that title (1) by striking out ‘‘and veterans’’ and in- contributing to society. to veterans who have been awarded the serting in lieu thereof ‘‘veterans’’; and The bill I am introducing today, (2) by inserting ‘‘, and veterans whose eli- Purple Heart, and for other purposes; gibility for care and services under this along with Senator DODD, will restore to the Committe on Veterans’ Affairs. chapter is based solely on the award of the the traditional linkage between seniors THE COMBAT VETERANS MEDICAL EQUITY ACT OF Purple Heart’’ before the period at the end. and blind people and allow them the 1997 (c) CONFORMING AMENDMENTS.—(1) Section same consideration as seniors in regard ∑ Mr. ROBB. Mr. President, I introduce 1722(a) of such title is amended by striking to the Social Security earnings test. the Combat Veterans Medical Equity out ‘‘section 1710(a)(2)(G)’’ and inserting in This bill would reunite the earnings ex- Act of 1997, legislation which will serve lieu thereof ‘‘section 1710(a)(2)(H)’’. emption amount for blind people with (2) Section 5317(c)(3) of such title is amend- the exemption amount for senior citi- to codify America’s obligation to pro- ed by striking out ‘‘subsection (a)(2)(G),’’ and vide for the medical needs of our com- inserting in lieu thereof ‘‘subsection zens. If we do not reinstate this link, bat-wounded veterans. (a)(2)(H),’’ blind people will be restricted to earn- Although we have long recognized ing $14,400 in the year 2002 in order to the combat-wounded vet to be among By Mr. MCCAIN (for himself, Mr. protect their Social Security benefits, our most deserving veterans, and al- DODD, Mr. ROBERTS, Mr. FORD, compared to the $30,000 which seniors though we have long distinguished the Mr. WARNER, Mr. DURBIN, Mr. will be permitted to earn. sacrifices of these veterans by award- GREGG, Mr. BINGAMAN, Mr. There are very strong and convincing ing the Purple Heart Medal, remark- REED, Mr. DEWINE, Mr. arguments in favor of reestablishing ably, there is nothing in current law WELLSTONE and Mr. HAGEL): the link between these two groups and that stipulates an entitlement to S. 375. A bill to amend title II of the increasing the earnings limit for blind health care based upon this physical Social Security Act to restore the link people. sacrifice. In fact, I believe most Ameri- between the maximum amount of earn- First, the earnings test treatment of cans would be surprised to learn that a ings by blind individuals permitted our blind and senior populations has combat-wounded Purple Heart recipi- without demonstrating ability to en- historically been identical. Since 1977, ent could be denied services for which a gage in substantial gainful activity and blind people and senior citizens have

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1748 CONGRESSIONAL RECORD — SENATE February 27, 1997 shared the identical earnings exemp- New York, Utah, Pennsylvania, Cali- Act. Since the unemployment rate among tion threshold under title II of the So- fornia, Mississippi, Wisconsin, Idaho s the blind is a staggering 70%, I firmly believe cial Security Act. Now, senior citizens Elmore County, and the Pend Oreille that your bill will decrease this statistic by helping blind Americans enter the work- will be given greater opportunity to in- Chapter of Idaho. force. crease their earnings without having There being no objection, the mate- Thank you for your efforts on behalf of the their Social Security benefits being pe- rial was ordered to be printed in the nation’s blind. nalized; the blind, however, will not RECORD, as follows: Sincerely, have the same opportunity. NATIONAL INDUSTRIES FOR THE BLIND, JOANNE WILSON, The Social Security earnings test im- Alexandria, VA, February 21, 1997. Director. poses as great a work disincentive for Hon. JOHN MCCAIN, NATIONAL COUNCIL OF STATE blind people as it does for senior citi- 241 Russell Senate Office Building, U.S. Senate, AGENCIES FOR THE BLIND, INC., zens. In fact, the earnings test prob- Washington, DC. DEAR SENATOR MCCAIN: On behalf of Na- Boston, MA, February 25, 1997. ably provides a greater aggregate dis- tional Industries for the Blind and our 119 as- Hon. JOHN MCCAIN, incentive for blind individuals since sociated industries in 38 states, that employ U.S. Senate, Russell Office Building, Wash- many blind beneficiaries are of work- over 5,300 people who are blind, I vigorously ington, DC. ing age—18–65—and are capable of pro- endorse your proposed legislation to amend DEAR SENATOR MCCAIN: Please accept this ductive work. title II of the Social Security Act. letter of support and applause from the Na- Blindness is often associated with ad- This legislation to re-institute the linkage, tional Council of State Agencies for the between people who are blind and senior citi- Blind as a testimony to the reality that your verse social and economic con- effort to reestablish the link for Blind SSDI sequences. It is often tremendously dif- zens, if passed, will allow people who are blind to strive for full employment. recipients to the earnings limits of persons ficult for blind individuals to find sus- Please let us know how NIB can be of fur- who are elderly is both timely and well tained employment or any employment ther assistance to you as you seek support of grounded as a benefit to the national econ- at all, but they do want to work. They this important legislation. omy. take great pride in being able to work Sincerely, There is no question in the view of this organization which has a primary role of as- JUDITH D. MOORE. and becoming productive members of sisting blind persons to return to work, that society. By linking the blind with sen- reestablishment of the linkage would posi- REHABILITATION ADVISORY COUNCIL iors in 1977, Congress provided a great tively impact the decision of many persons FOR THE BLIND, to do so. Removing the disincentive of lower deal of hope and incentive for blind St. Paul, MN, February 20, 1997. earnings before a total cut-off of benefits and people in this country to enter the Hon. JOHN MCCAIN, reestablishing the linkage of a higher earn- work force. Now, we are taking that U.S. Senate, ings limit would afford those persons capable hope away from them by not allowing Washington, DC. of rejoining the national work force with the DEAR SENATOR MCCAIN: On behalf of the them the same opportunity to increase powerful personal reason to do so through their earnings as senior citizens. Rehabilitation Advisory Council for the Blind in Minnesota, I wish to express our sustained economic security. Blind people are likely to respond fa- Please be assured of the support and any strong support for the restoration of the vorably to an increase in the earnings assistance you may require of this organiza- earnings limits linkage under the Social Se- test by working more, which will in- tion as you take on this progressive and curity Act between the blind and age 65 re- needed challenge to restore the earnings crease their tax payments and their tirees. It is my understanding that you will purchasing power and allow the blind linkage. I may be reached at the above ad- be introducing a bill to achieve this restora- dress or by phoning (617)–727–5550 extension to make a greater contribution to the tion. We commend you for your willingness 4503 in the event you wish to communicate general economy. In addition, encour- to exercise leadership on behalf of blind peo- further. aging the blind to work and allowing ple who want to work and participate ac- Sincerely, tively and productively in society. We sup- them to work more without being pe- CHARLES H. CRAWFORD, nalized would bring additional revenue port your bill. President. The Social Security earnings limit for the into the Social Security trust funds. In blind is presently set at $12,000 per year. As short, restoring the link between blind AMERICAN COUNCIL OF THE BLIND, I am sure you are aware, this is a powerful Washington, DC, February 25, 1997. people and senior citizens for treat- disincentive for blind people to leave the So- Hon. JOHN MCCAIN, ment of Social Security benefits would cial Security rolls and become self-sup- U.S. Senate, 241 Russell Senate Office Building, help many blind people become self suf- porting citizens. This barrier to self-support Washington, DC. ficient, productive members of society. will become even more insurmountable as DEAR SENATOR MCCAIN: On behalf of the I want to stress that it was always the gap between the blind and senior citizens national membership of the American Coun- my intent that the link between blind widens. It is vital, therefore, that the blind cil of the Blind, I write to applaud your ef- achieve parity with age 65 retirees insofar as forts to restore the statutory linkage be- and senior populations would only be earnings limits under the Social Security temporarily broken. I urge my col- tween the earnings limit for seniors and Act are concerned. Using the figures that blind SSDI beneficiaries. This bill will go a leagues to join me in sponsoring this apply to senior citizens, this means raising long way to improving employment opportu- important measure to restore fair and the earnings limit for the blind to $30,000 per nities for blind people, who struggle to enter equitable treatment for our blind citi- year by the year 2002. and remain in the work force. In the words of zens and to give the blind community Thank you for recognizing the problem and Jim Olsen, a member of the American Coun- increased financial independence. Our taking forthright action to deal with it. cil of the Blind of Minnesota, ‘‘restoring the Nation would be better served if we re- Yours sincerely, linkage will enable blind people to continue CURTIS CHONG, store the work incentive equality pro- to work, pay taxes, and believe in the Amer- Chairperson, Rehabilitation Advisory ican spirit of the work ethic.’’ vision for the blind and provide them Council for the Blind. Our members are urging their Senators to with the same freedom, opportunities support your bill to restore linkage, and we and fairness as our Nation’s seniors. LOUISIANA CENTER FOR THE BLIND, are keeping them informed of your efforts on I ask unanimous consent that numer- Ruston, LA, February 21, 1997. their behalf. Please let me know how I can ous letters of support from various DEAR SENATOR MCCAIN: Since 1985, the be of assistance in this matter. community groups and state organiza- Louisiana Center for the Blind has provided Thank you. tions be included as a part of the training and job placement services for hun- Very truly yours, dreds of blind adults throughout the coun- JULIE H. CARROLL, RECORD. In addition, I would like to try. One of our primary goals is to help blind Director of Governmental Affairs. thank the many chapters of the Na- persons become employed so that they can tional Federation of the Blind from become productive, tax-paying citizens. Over METAIRIE, LA, throughout the country who have sent the past twelve years, we have observed that February 22, 1997. letters of support for this important one of the main disincentives for employ- Hon. JOHN MCCAIN, piece of legislation including the Ari- ment is the earnings limit under Social Se- U.S. Senate, zona Chapter, Idaho Western Chapter, curity Disability Insurance. Washington, DC. As the director of the Louisiana Center for DEAR SENATOR MCCAIN: I am writing to ex- Minnesota, Alabama, South Carolina, the Blind, I want to express my strong suppress our strong support for your bill to re- Shoreline Chapter of Connecticut, port for your bill which would restore the store the linkage of earnings limits under Iowa, Idaho, Minnesota’s Metro Chap- linkage between the blind and retirees for the Social Security Act which apply to age ter, Virginia, Maryland, Connecticut, the earnings limit under the Social Security 65 retirees and blind people of any age. The

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1749 position of the National Federation of the who attempt to work. My earnings exceeded Prior to 1977, blind people were over- Blind on this matter is best expressed in a the exempt amount and the entire sum paid whelmingly dependent on disability resolution (copy attached) which was unani- to the primary beneficiary, myself, and my benefits. What’s worse, many of them mously adopted at our 1996 National Conven- dependents was abruptly withdrawn. After could not afford to work without risk- tion. subtracting the travel expenses etcetera, Your leadership on behalf of beneficiaries from the salary I obtained from being em- ing the loss of the basic security that who want to contribute to society by work- ployed, it was quite evident that my real these benefits provided. ing has earned our utmost respect. The So- earnings were much less than my monthly However, in that year, we raised the cial Security earnings limit, presently at disability benefits. At present many blind earnings exemption for the blind to the $12,000 annually, is the greatest barrier to people will lose financially by going to work same level as retirees—from $500 to self-support for blind people. In fact, I would but with the enactment of your bill, restor- $940 a month. That modest step encour- say that the single factor of the earnings ing the linkage, they will not lose. These limit is more destructive to the self-support aged millions of blind Americans to blind people will become part of the working work by allowing them to keep more of efforts of blind people than any other social force. They will pay taxes. They will become condition. fully integrated and truly achieve first class what they earned. By raising the earnings exemption thresh- status as working Americans. Unfortunately, last year, when the old for blind people to $30,000 beginning in PAULA A. KRAUSS, Congress raised the earnings limit for 2002, your bill would substantially remove Director CT. C.A.S.E.S. seniors, it failed to extend the same any disincentive to work for blind people. benefits to the blind. For that reason, we applaud your efforts and NATIONAL FEDERATION OF THE BLIND, pledge our full support. The impact of this unfortunate step Although I think that restoring the link- Baltimore, MD, February 12, 1997. has been significant. As the law now age is all right for the present, I believe that Hon. JOHN MCCAIN, stands, a senior citizen may earn congress should totally eliminate the earn- U.S. Senate, $13,500 in 1997 and $30,000 by the year ings limit and place us in the same classi- Washington, DC. DEAR SENATOR MCCAIN: I am writing to ex- 2002 without any reduction of benefits. fication as those 70 and over, this would not press our strong support for your bill to re- A blind person, on the other hand, may only provide a significant work incentive, only earn $12,000 today, and only $14,400 but would also eliminate the cumbersome store the linkage of earnings limits under process of reporting both our earnings and the Social Security Act which apply to age in 2002. While this provides terrific en- impairment related work related expenses 65 retirees and blind people of any age. The couragement for seniors to work, it re- now required under the law. This has caused position of the National Federation of the enshrines into law the disincentive for problems because of the confusion among So- Blind on this matter is best expressed in a blind people that existed before 1977. cial Security Administration employees resolution (copy attached) which was unani- There are approximately 1.1 million some of whom are unaware of the special mously adopted at our 1996 National Conven- tion. people in the United States who are provisions for blind persons. blind under the Social Security defini- I personally have had my earnings continu- Your leadership on behalf of beneficiaries ously started and stopped since 1991 not be- who want to contribute to society by work- tion. Of those, 713,000 of the 1.1 million cause of anything I have done that disquali- ing has earned our utmost respect. The So- are 65 or older, and they are considered fies me from receiving them, but due to the cial Security earnings limit, presently at retirees, not blind people. confusion of S.S.A. personnel. I feel that $12,000 annually, is the greatest barrier to But there are roughly 387,000 people classifying blind persons the same as those self-support for blind people. In fact, I would who are blind, and under retirement 70 and over would ultimately provide an even say that the single factor of the earnings limit is more destructive to the self-support age, who have been adversely affected better work incentive than the restoration of by the severed link between retirees the linkage. efforts of blind people than any other social Thank you for responding to the need. condition. and the blind. Of the 332,000 blind peo- Very truly yours, By raising the earnings exemption thresh- ple who are 20 or older, more than 70 HARVEY HEAGY. old for blind people to $30,000 beginning in percent are unemployed. We must not CONNECTICUT COMMUNITY ADVO- 2002, your bill would substantially remove make their efforts to find meaningful CATES, SPECIALIZED EDUCATIONAL any disincentive to work for blind people. and rewarding work more difficult. SERVICES, For that reason, we applaud your efforts and Rather, we should encourage blind pledge our full support. Westbrook, CT, February 21, 1997. Americans in their noble endeavors. Hon. JOHN MCCAIN, Thank you for responding to the need. U.S. Senate, Very truly yours, Our legislation would do just that by Washington, DC. JAMES GASHEL, raising the earnings limit and linking Attention: Sonya Sotak Director of Governmental Affairs, it once again to the senior citizens ex- DEAR SENATOR MCCAIN: As a member of the National Federation of the Blind. empt account. CT. C.A.S.E.S., I have counseled many blind Mr. DODD. Mr. President, I rise with In closing, Mr. President, allow me to individuals who want to work. I have com- my dear friend and colleague, Senator commend Senator MCCAIN for his lead- pared their potential entry level salary to MCCAIN, to introduce legislation of ership here. He has once again dem- their Social Security benefits. Too often, these work-bound blind citizens realize that vital importance to Americans who onstrated his commitment to ensuring after taxes and work expenses, their new job happen to be blind. Its purpose is sim- that all Americans have a fair and will not replace or equal their lost disability ply to restore the Social Security earn- equal opportunity to enjoy the fruits of benefits. Few blind people can afford to sac- ings limitation for the blind to the their labors and the blessings of our rifice income, and they must remain idle in same level as that for America’s senior great Nation. I urge our colleagues to order to receive a guaranteed monthly citizens. join us in supporting this legislation. check. The chance to work, earn, pay taxes, Mr. President, the English poet John and become a contributing member of our so- Milton once said that ‘‘To be blind is By Mr. LEAHY (for himself, Mr. ciety is a valid goal for all Americans; but BURNS, Mrs. MURRAY, and Mr. with the existing law under title II of the So- not miserable; not to be able to bear cial Security Act, it is an unobtainable goal blindness, that is miserable.’’ WYDEN): for blind people. Over the past 20 years, blind Ameri- S. 376. A bill to affirm the rights of However, Senator McCain, your leadership cans have made amazing progress in Americans to use and sell encryption and foresight in introducing a bill to restore shouldering those difficult burdens. products, to establish privacy stand- the linkage of earnings limits under the So- Today, millions of blind Americans ards for voluntary key recovery cial Security Act for seniors and the blind have achieved more independent and encryption systems, and for other pur- will enable both groups to work. In addition, poses; to the Committee on the Judici- they will be able to join the work-force with- rewarding lives for themselves. out fear. Your bill will restore fairness, eq- The legislation that we introduce ary. uity, and hope for the working age blind per- today will ensure that this progress THE ENCRYPTED COMMUNICATION PRIVACY ACT son. The blind want to work and with your continues by restoring an important OF 1997 bill they will work. The staff of CT. work incentive for close to 150,000 blind Mr. LEAHY. Mr. President, in the C.A.S.E.S. and clients would like to convey Americans. This bill would reestablish 104th Congress, a bipartisan group of our strong support and appreciation for your the identical earnings exemption Senators came together to overhaul bill to restore the linkage of earnings limit threshold for blind and senior citizen our country’s outdated export rules under the Social Security Act which applies to retirees and blind people of any age. beneficiaries under the Social Security and bring some sense to our country’s I know from personal experience, just how Act, which had been the law from 1977 encryption policy. We are back at it strict the earnings limit is for blind people until just last year. again in this Congress. I am pleased to

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1750 CONGRESSIONAL RECORD — SENATE February 27, 1997 introduce with Senator BURNS, and We are mindful of the national secu- SEC. 2. PURPOSES. others, two encryption bills, the rity and law enforcement concerns that The purposes of this Act are— Encrypted Communications Privacy have dictated the administration’s pol- (1) to ensure that Americans have the max- Act [ECPA] and Promotion of Com- icy choices on encryption. Both bills imum possible choice in encryption methods merce On-Line in the Digital Era contain important exceptions to re- to protect the security, confidentiality, and [PRO-CODE] Act. strict encryption exports for military privacy of their lawful wire and electronic This legislation bars government- end-uses, or to terrorist designated or communications and stored electronic infor- embargoed countries, such as Cuba or mation; and mandated key recovery, or key escrow (2) to establish privacy standards for key encryption, and ensures that all com- North Korea. This is not enough to sat- holders who are voluntarily entrusted with puter users are free to choose any isfy our national security and law en- the means to decrypt such communications encryption method to protect the pri- forcement agencies, who fear that the and information, and procedures by which vacy of their online communications widespread use of strong encryption investigative or law enforcement officers and computer files. These bills also roll will undercut their ability to eavesdrop may obtain assistance in decrypting such back current restrictions on the export on terrorists or other criminals, or de- communications and information. of strong cryptography so that high- cipher computer files containing mate- SEC. 3. FINDINGS. rial evidence of a crime. tech U.S. firms are free to compete in Congress finds that— the global marketplace and meet the Administration officials have made clear that they seek nothing less than (1) the digitization of information and the demands of customers—both foreign explosion in the growth of computing and and domestic—for strong encryption. a world-wide key recovery encryption electronic networking offers tremendous po- As an avid Internet user myself, I scheme in which the U.S. Government tential benefits to the way Americans live, care deeply about protecting individual is able to obtain decryption assistance work, and are entertained, but also raises privacy and encouraging the develop- to decipher encrypted communications new threats to the privacy of American citi- ment of the Internet as a secure and and stored electronic files. I have sig- zens and the competitiveness of American nificant concerns about the adminis- businesses; trusted communications medium. As (2) a secure, private, and trusted national more Americans every year use the tration conditioning the export of 56- bit key encryption on companies mov- and global information infrastructure is es- Internet and other computer networks ing forward with key recovery sential to promote economic growth, protect to obtain critical medical services, to encryption systems. In aggressively privacy, and meet the needs of American conduct business, to be entertained and citizens and businesses; promoting a global key recovery communicate with their friends, main- (3) the rights of Americans to the privacy scheme the administration is ignoring and security of their communications and in taining the privacy and confidentiality the conclusion of the National Re- of our computer communications both the conducting of personal and business af- search Council in its thorough CRISIS fairs should be preserved and protected; here and abroad has only grown in im- report issued last year. Specifically, (4) the authority and ability of investiga- portance. the report warned that ‘‘Aggressive tive and law enforcement officers to access Strong encryption also has an impor- government promotion of escrowed and decipher, in a timely manner and as pro- tant use as a crime prevention shield, encryption is not appropriate at this vided by law, wire and electronic commu- to stop hackers, industrial spies and time.’’ nications and stored electronic information thieves from snooping into private The administration is putting the necessary to provide for public safety and computer files and stealing valuable proverbial cart-before-the-horse by national security should also be preserved; (5) individuals will not entrust their sen- proprietary information. We should be promoting key recovery without hav- encouraging the use of strong sitive personal, medical, financial, and other ing in place privacy safeguards defin- information to computers and computer net- encryption to prevent certain types of ing how and under what circumstances works unless the security and privacy of that computer and online crime. law enforcement and others may get information is assured; We made progress in the last Con- access to decryption keys. Many users (6) business will not entrust their propri- gress on encryption. The attention we have legitimate concerns about invest- etary and sensitive corporate information, gave to this issue in classified briefings ing in and using key recovery products including information about products, proc- and public hearings helped the admin- without clear answers on how the law esses, customers, finances, and employees, to istration recognize the need for reform. enforcement here, let alone other coun- computers and computer networks unless In fact, in the waning days of the last tries, including those with bad human the security and privacy of that information Congress, the administration took is assured; rights records or a history of economic (7) encryption technology can enhance the steps to adopt one element proposed in espionage, will get access to their keys. privacy, security, confidentiality, integrity, these bills by transferring export con- ECPA provides those answers with and authenticity of wire and electronic com- trol authority for certain encryption clear guidelines on how and when law munications and stored electronic informa- products from the State Department to enforcement and foreign countries may tion; the Commerce Department. The ad- obtain decryption assistance from key (8) encryption techniques, technology, pro- ministration also loosened export con- holders, who are voluntarily entrusted grams, and products are widely available trols on 56-bit key length encryption— with decryption keys or have the capa- worldwide; at least for 2 years. Although the ad- bility to provide decryption assistance. (9) Americans should be free to use lawfully whatever particular encryption tech- ministration is moving in the right di- It is time for Congress to take steps to put our national encryption policy niques, technologies, programs, or products rection by loosening some export con- developed in the marketplace they desire to trols, its unilateral regulatory reforms on the right course. Both the PRO- use in order to interact electronically world- are not enough. CODE bill and the Encrypted Commu- wide in a secure, private, and confidential Even under the current regime, pop- nications Privacy Act reflect a bipar- manner; ular browser software, such as tisan effort to reform our nation’s (10) American companies should be free— Microsoft’s Internet Explorer and cryptography policy in a constructive (A) to compete and to sell encryption tech- Netscape Navigator, may not be ex- and positive manner. nology, programs, and products; and I ask unanimous consent that the (B) to exchange encryption technology, ported in the form generally available programs, and products through the use of here, since both software packages use Encrypted Communications Privacy Act and a section-by-section summary the Internet, as the Internet is rapidly 128-bit encryption. Lotus Notes emerging as the preferred method of dis- be printed in the RECORD. shareware, which uses 64-bit There being no objection, the mate- tribution of computer software and related information; encryption, cannot be exported in the rial was ordered to be printed in the same version sold domestically. (11) there is a need to develop a national RECORD, as follows: We need to loosen export restrictions encryption policy that advances the develop- on encryption products so that Amer- S. 376 ment of the national and global information ican companies are able to export any Be it enacted by the Senate and House of Rep- infrastructure, and preserves the right to resentatives of the United States of America in privacy of Americans and the public safety generally available or mass market Congress assembled, and national security of the United States; encryption products without obtaining SECTION 1. SHORT TITLE. (12) there is a need to clarify the legal Government approval. ECPA would This Act may be cited as the ‘‘Encrypted rights and responsibilities of key holders allow our companies to do that. Communications Privacy Act of 1997’’. who are voluntarily entrusted with the

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1751 means to decrypt wire and electronic com- ‘‘(2) the term ‘decryption assistance’ ‘‘(aa) no court order is required by law; munications and stored electronic informa- means assistance which provides or facili- ‘‘(bb) the conditions set forth in section tion; tates access to the plain text of an encrypted 2518(7) of this title have been met; and (13) Congress and the American people wire communication or electronic commu- ‘‘(cc) the release or assistance is required; have recognized the need to balance the nication or stored electronic information; ‘‘(ii) the order or certification under clause right to privacy and the protection of the ‘‘(3) the term ‘encryption’ means the (i)— public safety with national security; scrambling of wire communications or elec- ‘‘(I) specifies the decryption key or (14) the Constitution permits lawful electronic communications or stored electronic decryption assistance being sought; and tronic surveillance by investigative or law information using mathematical formulas or ‘‘(II) identifies the termination date of the enforcement officers and the seizure of algorithms in order to preserve the confiden- period for which the release or assistance is stored electronic information only upon tiality, integrity, or authenticity of such authorized; and compliance with stringent standards and communications or information and prevent ‘‘(iii) in compliance with the order or cer- procedures; and unauthorized recipients from accessing or al- tification, the key holder provides only the (15) there is a need to clarify the standards tering such communications or information; release or decryption assistance necessary and procedures by which investigative or law ‘‘(4) the term ‘key holder’ means a person for the access specified in the order or cer- enforcement officers obtain assistance from (including a Federal agency) located within tification. key holders who— the United States who— ‘‘(B) If an investigative or law enforcement (A) are voluntarily entrusted with the ‘‘(A) is voluntarily entrusted by another officer receives a decryption key or means to decrypt wire and electronic com- independent person with the means to decryption assistance under this paragraph munications and stored electronic informa- decrypt that person’s wire communications for purposes of decrypting wire communication; or or electronic communications or stored elections or electronic communications, the (B) have information that enables the tronic information for the purpose of subse- judge issuing the order authorizing the inter- decryption of such communications and in- quent decryption of such communications or ception of such communications shall, as formation. information; or part of the inventory required to be served SEC. 4. DEFINITIONS. ‘‘(B) has information that enables the pursuant to subsection (7)(b) or (8)(d) of sec- As used in this Act, the terms ‘‘decryption decryption of such communications or infor- tion 2518 of this title, cause to be served on key’’, ‘‘encryption’’, ‘‘key holder’’, and mation for such purpose; and the persons named in the order, or the appli- ‘‘State’’ have the same meanings as in sec- ‘‘(5) the terms ‘person’, ‘State’, ‘wire com- cation for the order, and on such other parties as the judge may determine in the inter- tion 2801 of title 18, United States Code, as munication’, ‘electronic communication’, ests of justice, notice of the receipt of the added by section 6 of this Act. ‘investigative or law enforcement officer’, ‘judge of competent jurisdiction’, and ‘elec- key or decryption assistance, as the case SEC. 5. FREEDOM TO USE ENCRYPTION. may be, by the officer. (a) LAWFUL USE OF ENCRYPTION.—Except as tronic storage’ have the same meanings ‘‘(2) STORED WIRE AND ELECTRONIC COMMU- provided in this Act and the amendments given such terms in section 2510 of this title. NICATIONS AND STORED ELECTRONIC INFORMA- made by this Act, it shall be lawful for any ‘‘§ 2802. Prohibited acts by key holders TION.—(A) A key holder may release a person within any State, and by any United ‘‘(a) UNAUTHORIZED RELEASE OF KEY.—Ex- decryption key or provide decryption assist- States person in a foreign country, to use cept as provided in subsection (b), any key ance to a governmental entity requiring dis- any encryption, regardless of encryption al- holder who releases a decryption key or pro- closure of stored wire and electronic commu- gorithm selected, encryption key length cho- vides decryption assistance shall be subject nications and transactional records under sen, or implementation technique or medium to the criminal penalties provided in sub- chapter 121 of this title only if the key hold- used. section (e) and to civil liability as provided er is directed to release the key or give such (b) PROHIBITION ON MANDATORY KEY RECOV- in subsection (f). assistance pursuant to a court order issued ERY OR KEY ESCROW ENCRYPTION.—Neither ‘‘(b) AUTHORIZED RELEASE OF KEY.—A key upon a finding that the decryption key or the Federal Government nor a State may re- holder shall only release a decryption key in decryption assistance sought is necessary for quire, as a condition of a sale in interstate the possession or control of the key holder or the decryption of communications or records commerce, that a decryption key be given to provide decryption assistance with respect to the disclosure of which the governmental en- another person. the key— tity is authorized to require under section (c) GENERAL CONSTRUCTION.—Nothing in ‘‘(1) with the lawful consent of the person 2703 of this title. this Act or the amendments made by this whose key is possessed or controlled by the ‘‘(B) A key holder may release a decryption Act shall be construed to— key holder; key or provide decryption assistance under (1) require the use by any person of any ‘‘(2) as may be necessarily incident to the this subsection to a governmental entity form of encryption; provision of service relating to the posses- seizing or compelling production of stored (2) limit or affect the ability of any person sion or control of the key by the key holder; electronic information only if the key holder to use encryption without a key recovery or is directed to release the key or give such as- function; or ‘‘(3) upon compliance with subsection (c)— sistance pursuant to a court order issued (3) limit or affect the ability of any person ‘‘(A) to investigative or law enforcement upon a finding that the decryption key or who chooses to use encryption with a key re- officers authorized to intercept wire commu- decryption assistance sought is necessary for covery function to select the key holder, if nications or electronic communications the decryption of stored electronic informa- any, of the person’s choice. under chapter 119 of this title; tion— SEC. 6. ENCRYPTED WIRE OR ELECTRONIC COM- ‘‘(B) to a governmental entity authorized ‘‘(i) that the governmental entity is au- MUNICATIONS AND STORED ELEC- to require access to stored wire and elec- thorized to seize; or TRONIC COMMUNICATIONS. tronic communications and transactional ‘‘(ii) the production of which the govern- (a) IN GENERAL.—Part I of title 18, United records under chapter 121 of this title; or mental entity is authorized to compel. States Code, is amended by inserting after ‘‘(C) to a governmental entity authorized ‘‘(C) A court order directing the release of chapter 123 the following new chapter: to seize or compel the production of stored a decryption key or the provision of ‘‘CHAPTER 125—ENCRYPTED WIRE OR electronic information. decryption assistance under subparagraph ELECTRONIC COMMUNICATIONS AND ‘‘(c) REQUIREMENTS FOR RELEASE OF (A) or (B) shall specify the decryption key or STORED ELECTRONIC INFORMATION DECRYPTION KEY OR PROVISION OF decryption assistance being sought. A key ‘‘Sec. DECRYPTION ASSISTANCE.— holder may provide only such release or ‘‘2801. Definitions. ‘‘(1) WIRE AND ELECTRONIC COMMUNICA- decryption assistance as is necessary for ac- ‘‘2802. Prohibited acts by key holders. TIONS.—(A) A key holder may release a cess to the communications, records, or in- ‘‘2803. Reporting requirements. decryption key or provide decryption assist- formation covered by the court order. ‘‘2804. Unlawful use of encryption to ob- ance to an investigative or law enforcement ‘‘(D) If a governmental entity receives a struct justice. officer if— decryption key or decryption assistance ‘‘2805. Freedom to sell encryption products. ‘‘(i) the key holder is given— under this paragraph for purposes of obtain- ‘‘2806. Requirements for release of ‘‘(I) a court order— ing access to stored wire and electronic com- decryption key or provision of ‘‘(aa) signed by a judge of competent juris- munications or transactional records under encryption assistance to a for- diction directing such release or assistance; section 2703 of this title, the notice required eign country. and with respect to such access under subsection ‘‘§ 2801. Definitions ‘‘(bb) issued upon a finding that the (b) of such section shall include notice of the ‘‘In this chapter— decryption key or decryption assistance receipt of the key or assistance, as the case ‘‘(1) the term ‘decryption key’ means the sought is necessary for the decryption of a may be, by the entity. variable information used in or produced by communication that the investigative or law ‘‘(3) USE OF KEY.—(A) An investigative or a mathematical formula, code, or algorithm, enforcement officer is authorized to inter- law enforcement officer or governmental en- or any component thereof, used to decrypt a cept pursuant to chapter 119 of this title; or tity to which a decryption key is released wire communication or electronic commu- ‘‘(II) a certification in writing by a person under this subsection may use the key only nication or stored electronic information specified in section 2518(7) of this title, or the in the manner and for the purpose and period that has been encrypted; Attorney General, stating that— expressly provided for in the certification or

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court order authorizing such release and use. ‘‘(4) LIMITATION.—A civil action under this ‘‘(i) generally available, as is, and designed Such period may not exceed the duration of subsection shall be commenced not later for installation by the user or purchaser; or the interception for which the key was re- than 2 years after the date on which the ‘‘(ii) in the public domain (including com- leased or such other period as the court, if plaintiff first knew or should have known of puter software available through the Inter- any, may allow. the violation. net or another interactive computer service) ‘‘(B) Not later than the end of the period ‘‘(g) DEFENSE.—It shall be a complete de- or publicly available because the computer authorized for the release of a decryption fense against any civil or criminal action software is generally accessible to the inter- key, the investigative or law enforcement of- brought under this chapter that the defend- ested public in any form; ficer or governmental entity to which the ant acted in good faith reliance upon a war- ‘‘(B) any computing device or computer key is released shall destroy and not retain rant, subpoena, or court order or other statu- hardware that otherwise would be restricted the key and provide a certification that the tory authorization. solely on the basis that it incorporates or key has been destroyed to the issuing court, ‘‘§ 2803. Reporting requirements employs in any form computer software (in- if any. ‘‘(a) IN GENERAL.—In reporting to the Ad- cluding computer software with encryption ‘‘(4) NONDISCLOSURE OF RELEASE.—No key capabilities) that is described in subpara- holder, officer, employee, or agent thereof ministrative Office of the United States Courts as required under section 2519(2) of graph (A); may disclose the release of an encryption ‘‘(C) any computer software or computer key or the provision of decryption assistance this title, the Attorney General, an Assist- ant Attorney General specially designated hardware that is otherwise restricted solely under subsection (b)(3), except as otherwise on the basis that it incorporates or employs required by law or legal process and then by the Attorney General, the principal pros- in any form interface mechanisms for inter- only after prior notification to the Attorney ecuting attorney of a State, or the principal action with other hardware and software, in- General or to the principal prosecuting at- prosecuting attorney of any political sub- cluding encryption hardware and software; torney of a State or of a political subdivision division of a State shall report on the num- or of a State, as appropriate. ber of orders and extensions served on key ‘‘(D) any encryption technology related or ‘‘(d) RECORDS OR OTHER INFORMATION HELD holders under this chapter to obtain access BY KEY HOLDERS.— to decryption keys or decryption assistance ancillary to a device, software, or hardware ‘‘(1) IN GENERAL.—A key holder may not and the offenses for which the orders and ex- described in subparagraph (A), (B), or (C). disclose a record or other information (not tensions were obtained. ‘‘(3) COMPUTER SOFTWARE, COMPUTER HARD- including the key or the contents of commu- ‘‘(b) REQUIREMENTS.—The Director of the WARE, AND TECHNOLOGY WITH ENCRYPTION CA- nications) pertaining to any person, which Administrative Office of the United States PABILITIES.—(A) Except as provided in sub- record or information is held by the key Courts shall include in the report trans- paragraph (B), the Secretary of Commerce holder in connection with its control or pos- mitted to Congress under section 2519(3) of shall authorize the export or reexport of session of a decryption key, except— this title the number of orders and exten- computer software, computer hardware, and ‘‘(A) with the lawful consent of the person sions served on key holders to obtain access technology with encryption capabilities whose key is possessed or controlled by the to decryption keys or decryption assistance under a license exception if— key holder; or and the offenses for which the orders and ex- ‘‘(i) a product offering comparable security ‘‘(B) to an investigative or law enforce- tensions were obtained. is commercially available from a foreign ment officer pursuant to a warrant, sub- ‘‘§ 2804. Unlawful use of encryption to ob- supplier without effective restrictions; poena, court order, or other lawful process struct justice ‘‘(ii) a product offering comparable secu- authorized by Federal or State law. rity is generally available in a foreign coun- ‘‘Whoever willfully endeavors by means of try; or ‘‘(2) CERTAIN NOTICE NOT REQUIRED.—An in- encryption to obstruct, impede, or prevent vestigative or law enforcement officer re- ‘‘(iii) the sole basis for otherwise with- the communication to an investigative or holding the license exception is the employ- ceiving a record or information under para- law enforcement officer of information in graph (1)(B) is not required to provide notice ment in the software, hardware, or tech- furtherance of a felony that may be pros- nology of encryption from a foreign source. of such receipt to the person to whom the ecuted in a court of the United States shall— record or information pertains. ‘‘(B) The Secretary of Commerce shall pro- ‘‘(1) in the case of a first conviction, be hibit the export or reexport of computer ‘‘(3) LIABILITY FOR CIVIL DAMAGES.—Any sentenced to imprisonment for not more disclosure in violation of this subsection software, computer hardware, and tech- than 5 years, fined under this title, or both; nology described in subparagraph (A) to a shall render the person committing the vio- or lation liable for the civil damages provided foreign country if the Secretary determines ‘‘(2) in the case of a second or subsequent that there is substantial evidence that such for in subsection (f). conviction, be sentenced to imprisonment ‘‘(e) CRIMINAL PENALTIES.—The punish- software, hardware, or technology will be— for not more than 10 years, fined under this ment for an offense under subsection (a) is— ‘‘(i) diverted to a military end-use or an title, or both. ‘‘(1) if the offense is committed for a end-use supporting international terrorism; tortious, malicious, or illegal purpose, or for ‘‘§ 2805. Freedom to sell encryption products ‘‘(ii) modified for military or terrorist end- purposes of direct or indirect commercial ad- ‘‘(a) IN GENERAL.—It shall be lawful for any use; or vantage or private commercial gain— person within any State to sell in interstate ‘‘(iii) reexported without requisite United ‘‘(A) a fine under this title or imprison- commerce any encryption, regardless of States authorization. ment for not more than 1 year, or both, in encryption algorithm selected, encryption ‘‘(4) DEFINITIONS.—As used in this sub- the case of a first offense; or key length chosen, or implementation tech- section— ‘‘(B) a fine under this title or imprison- nique or medium used. ‘‘(A) the term ‘as is’ means, in the case of ment for not more than 2 years, or both, in ‘‘(b) CONTROL OF EXPORTS BY SECRETARY OF computer software (including computer soft- the case of a second or subsequent offense; COMMERCE.— ware with encryption capabilities), a com- and ‘‘(1) GENERAL RULE.—Notwithstanding any puter software program that is not designed, ‘‘(2) in any other case where the offense is other law and subject to paragraphs (2), (3), developed, or tailored by the computer soft- committed recklessly or intentionally, a fine and (4), the Secretary of Commerce shall ware company for specific purchasers, except of not more than $5,000 or imprisonment for have exclusive authority to control exports that such purchasers may supply certain in- not more than 6 months, or both. of all computer hardware, computer soft- stallation parameters needed by the com- ‘‘(f) CIVIL DAMAGES.— ware, and technology for information secu- puter software program to function properly ‘‘(1) IN GENERAL.—Any person aggrieved by rity (including encryption), except computer with the purchaser’s system and may cus- any act of a person in violation of subsection hardware, software, and technology that is tomize the computer software program by (a) or (d) may in a civil action recover from specifically designed or modified for military choosing among options contained in the such person appropriate relief. use, including command, control, and intel- computer software program; ‘‘(2) RELIEF.—In an action under this sub- ligence applications. ‘‘(B) the term ‘computing device’ means a section, appropriate relief includes— ‘‘(2) ITEMS SUBJECT TO LICENSE EXCEPTION.— device which incorporates one or more ‘‘(A) such preliminary and other equitable Except as otherwise provided under the microprocessor-based central processing or declaratory relief as may be appropriate; Trading With The Enemy Act (50 U.S.C. App. units that can accept, store, process, or pro- ‘‘(B) damages under paragraph (3) and pu- 1 et seq.) or the International Emergency vide output of data; nitive damages in appropriate cases; and Economic Powers Act (50 U.S.C. 1701 et seq.) ‘‘(C) the term ‘computer hardware’, when ‘‘(C) a reasonable attorney’s fee and other (but only to the extent that the authority of used in conjunction with information secu- litigation costs reasonably incurred. the International Emergency Economic Pow- rity, includes computer systems, equipment, ‘‘(3) COMPUTATION OF DAMAGES.—The court ers Act is not exercised to extend controls application-specific assemblies, modules, and may assess as damages the greater of— imposed under the Export Administration integrated circuits; ‘‘(A) the sum of the actual damages suf- Act of 1979), a license exception shall be ‘‘(D) the term ‘generally available’ means, fered by the plaintiff and any profits made made available for the export or reexport in the case of computer software (including by the violator as a result of the violation; of— computer software with encryption capabili- or ‘‘(A) any computer software, including ties), computer software that is widely of- ‘‘(B) statutory damages in the amount of computer software with encryption capabili- fered for sale, license, or transfer including $5,000. ties, that is— over-the-counter retail sales, mail order

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1753 transactions, telephone order transactions, terference with respect to privacy rights; ‘‘State’’ as used in the Act are defined in sec- electronic distribution, and sale on approval; and tion 6 of the Act. ‘‘(E) the term ‘interactive computer serv- ‘‘(C) the decryption key or decryption as- Sec. 5. Freedom to Use Encryption. ice’ has the meaning provided that term in sistance is being sought in connection with a (a) Lawful Use of Encryption. The Act leg- section 230(e)(2) of the Communications Act criminal investigation for conduct that islatively confirms current practice in the of 1934 (47 U.S.C. 230(e)(2)); would constitute a violation of a criminal United States that any person in this coun- ‘‘(F) the term ‘Internet’ has the meaning law of the United States if committed within try may lawfully use any encryption meth- provided that term in section 230(e)(1) of the the jurisdiction of the United States. od, regardless of encryption algorithm, key Communications Act of 1934 (47 U.S.C. ‘‘(c) DEFINITION.—As used in this section, length or implementation selected. 230(e)(1)); the term ‘official request’ has the meaning The Act further makes clear that it is law- ‘‘(G) the term ‘is designed for installation given that term in section 3506(c) of this ful under U.S. law for by any United States by the purchaser’ means, in the case of com- title.’’. persons in a foreign country to use any puter software (including computer software (b) CLERICAL AMENDMENT.—The chapter encryption method. This provision is con- with encryption capabilities)— analysis for part I of title 18, United States sistent with, though broader than, the Com- ‘‘(i) that the computer software company Code, is amended by inserting after the item merce Department’s license exceptions pub- intends for the purchaser (including any li- relating to chapter 123 the following new lished in the Federal Register on December censee or transferee), who may not be the ac- item: 30, 1996, for temporary encryption exports tual program user, to install the computer ‘‘125. Encrypted wire or electronic that effectively replace the Department of software program on a computing device and communications and stored elec- State’s personal use exemption. This per- has supplied the necessary instructions to do tronic information ...... 2801’’. sonal use exemption that permits the export so, except that the company may also pro- SEC. 7. INTELLIGENCE ACTIVITIES. of cryptographic products by U.S. citizens vide telephone help-line services for software (a) CONSTRUCTION.—Nothing in this Act or and permanent residents who have the need installation, electronic transmission, or the amendments made by this Act con- to temporarily export the cryptographic basic operations; and stitutes authority for the conduct of any in- products when leaving the U.S. for brief peri- ‘‘(ii) that the computer software program telligence activity. ods of time. For example, under this exemp- is designed for installation by the purchaser (b) CERTAIN CONDUCT.—Nothing in this Act tion, U.S. citizens traveling abroad are able without further substantial support by the or the amendments made by this Act shall to take their laptop computers containing supplier; affect the conduct, by officers or employees copies of Lotus Notes software, many ‘‘(H) the term ‘license exception’ means a of the United States Government in accord- versions of which contain an encryption pro- general authorization applicable to a type of ance with other applicable Federal law, gram otherwise not exportable. export that does not require an exporter to, under procedures approved by the Attorney (b) Prohibition on Mandatory Key Recov- as a condition of exporting— General, of activities intended to— ery or Key Escrow Encryption. The Act ex- ‘‘(i) submit a written application to the (1) intercept encrypted or other official pressly bars the government from mandating Secretary of Commerce; or communications of United States executive that encryption technology or products be ‘‘(ii) receive prior written authorization by branch entities or United States Government sold in interstate commerce with a key re- the Secretary of Commerce; and contractors for communications security covery feature. ‘‘(I) the term ‘technology’ means specific purposes; (c) General Construction. Nothing in the information necessary for the development, (2) intercept radio communications trans- Act is to be construed to require the use of production, or use of a product. mitted between or among foreign powers or encryption, the use of encryption with or ‘‘§ 2806. Requirements for release of agents of a foreign power as defined by the without a key recovery feature, or the use of decryption key or provision of decryption Foreign Intelligence Surveillance Act of 1978 a key holder if a person chooses to use assistance to a foreign country (50 U.S.C. 1801 et seq.); or encryption with a key recovery feature. ‘‘(a) IN GENERAL.—Except as provided in (3) access an electronic communication Sec. 6. Encrypted Wire or Electronic Com- subsection (b), no investigative or law en- system used exclusively by a foreign power munications and Stored Electronic Informa- forcement officer or key holder may release or agent of a foreign power as so defined. tion. This section of the act adds a new chap- a decryption key or provide decryption aster 125, entitled ‘‘Encrypted Wire or Elec- sistance to a foreign country. ENCRYPTED COMMUNICATIONS PRIVACY ACT OF tronic Communications and Stored Elec- ‘‘(b) CONDITIONS FOR COOPERATION WITH 1997—SUMMARY tronic Information,’’ to title 18 of the United FOREIGN COUNTRY.— Sec. 1. Short Title. The Act may be cited States Code to establish privacy standards ‘‘(1) IN GENERAL.—In any case in which the as the ‘‘Encrypted Communications Privacy for key holders and to set forth procedures United States has entered into a treaty or Act of 1997.’’ that law enforcement officers, governmental convention with a foreign country to provide Sec. 2. Purpose. The Act would ensure that entities and foreign countries must follow to mutual assistance with respect to Americans have the maximum possible obtain release of decryption keys or decryption, the Attorney General (or the choice in encryption methods to protect the decryption assistance from key holders. designee of the Attorney General) may, upon security, confidentiality and privacy of their (a) In General. New chapter 125 has six sec- an official request to the United States from lawful wire and electronic communications tions. the foreign country, apply for an order de- and stored electronic information. Ameri- § 2801. Definitions. Generally, the terms scribed in paragraph (2) from the district cans are free to choose an encryption method used in the new chapter have the same mean- court in which a key holder resides for— with a key recovery feature, in which an- ings as in the federal wiretap statute, 18 ‘‘(A) assistance in obtaining the release of other person, called a ‘‘key holder,’’ is volun- U.S.C. 2510. Definitions are provided for a decryption key from the key holder; or tarily entrusted with a decryption key or ‘‘decryption key’’, ‘‘decryption assistance’’, ‘‘(B) obtaining decryption assistance from with the means to decrypt, or has informa- ‘‘encryption’’ and ‘‘key holder’’. A ‘‘key the key holder. tion that would enable the decryption of, holder’’ is a person located within the United ‘‘(2) CONTENTS OF ORDER.—An order de- encrypted communications or information. States who is voluntarily entrusted by an- scribed in this paragraph is an order that di- The Act would establish privacy standards other independent person with the means to rects the key holder involved to— for the key holder, and procedures for law decrypt, or who has information that would ‘‘(A) release a decryption key to the Attor- enforcement officers and foreign countries to enable the decryption of, that person’s ney General (or the designee of the Attorney follow to obtain assistance from the key encrypted wire or electronic communica- General) for furnishing to the foreign coun- holder in decrypting encrypted communications or stored electronic information. A key try; or tions and information. holder may, but is not required to be, a Fed- ‘‘(B) provide decryption assistance to the Sec. 3. Findings. The Act enumerates fif- eral agency. Attorney General (or the designee of the At- teen congressional findings, including that a This chapter applies to wire or electronic torney General) for furnishing to the foreign secure, private and trusted national and communications and communications in country. global information infrastructure is essen- electronic storage, as defined in 18 U.S.C. ‘‘(3) REQUIREMENTS FOR ORDER.—A judge of tial to promote citizens’ privacy and meet 2510, and to stored electronic data. Thus, this a court described in paragraph (1) may issue the needs of both American citizens and chapter describes procedures for law enforce- an order described in paragraph (2) if the businesses, that encryption technology wide- ment to obtain assistance in decrypting judge finds, on the basis on an application ly available worldwide can help meet those encrypted electronic mail messages, made by the Attorney General under this needs, that Americans should be free to use, encrypted telephone conversations, subsection, that— and American businesses free to compete and encrypted facsimile transmissions, ‘‘(A) the decryption key or decryption as- sell, encryption technology, programs and encrypted computer transmissions and sistance sought is necessary for the products, and that there is a need to develop encrypted file transfers over the Internet decryption of a communication or informa- a national encryption policy to advance the that are lawfully intercepted pursuant to a tion that the foreign country is authorized global information infrastructure and pre- wiretap order, under 18 U.S.C. 2518, or ob- to intercept or seize pursuant to the law of serve Americans’ right to privacy and the tained pursuant to lawful process, under 18 the foreign country; Nation’s public safety and national security. U.S.C. 2703, and encrypted information ‘‘(B) the law of the foreign county provides Sec. 4. Definitions. The terms ‘‘decryption stored on computers that is seized pursuant for adequate protection against arbitrary in- key’’, ‘‘encryption’’, ‘‘key holder’’, and to a search warrant or other lawful process.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1754 CONGRESSIONAL RECORD — SENATE February 27, 1997 § 2802. Prohibited acts by key holders decryption assistance may be penalized years after the date on which the plaintiff (a) UNAUTHORIZED RELEASE OF KEY.—Key under current contempt or obstruction laws. first knew or should have known of the of- holders will be subject to both criminal and (2) STORED WIRE AND ELECTRONIC COMMU- fense. civil liability for the unauthorized release of NICATIONS AND STORED ELECTRONIC INFORMA- (g) DEFENSE.—A complete defense against decryption keys or providing unauthorized TION.— any civil or criminal action is provided if the decryption assistance. (A) A key holder is authorized to release a defendant acted in good faith reliance upon a (b) AUTHORIZED RELEASE OF KEY.—Key decryption key or provide decryption assist- court order, warrant, grand jury or trial sub- holders are authorized to release decryption ance to a governmental entity when directed poena or other statutory authorization. keys or provide decryption assistance (1) to do so by a court order issued upon a find- § 2803. Reporting requirements. The Attor- with the consent of the key owner, (2) as ing that the key or assistance sought is nec- ney General is required to include in his or may be necessarily incident to the provision essary for the decryption of stored wire and her report to the Administrative Office of of the key holder’s service in possessing or electronic communications and trans- the U.S. Courts, under 18 U.S.C. § 2519(2), the controlling the key, or (3) to investigative or actional records, which a governmental enti- number of orders and extensions served on law enforcement officers authorized to con- ty is authorized to obtain under 18 U.S.C. key holders to obtain access to decryption duct wiretaps and intercept wire or elec- § 2703. The notice required to be given to sub- keys or decryption assistance. The Director tronic communications, governmental enti- scribers or customers, under 18 U.S.C. of the Administrative Office of the U.S. ties authorized to access stored wire or elec- § 2703(b), shall include notice of the receipt of Courts is required to include this informa- tronic communications and transactional the key or assistance, as the case may be, by tion, and the offenses for which the orders records, and governmental entities author- the governmental entity. were obtained, in the report to Congress ized to seize or compel production of stored (B) A key holder is authorized to release a under 18 U.S.C. § 2519(3). electronic records, and upon compliance decryption key or provide decryption assist- § 2804. Unlawful use of encryption to ob- with the procedures set forth in subsection ance to a governmental entity when directed struct justice (c). to do so by a court order issued upon a find- Persons who willfully use encryption in an (c) REQUIREMENTS FOR RELEASE OF ing that the key or assistance sought is nec- effort and for the purpose of obstructing, im- DECRYPTION KEY OR PROVISION OF essary for the decryption of stored electronic peding, or prevent the communication of in- DECRYPTION ASSISTANCE.—Generally information, which a governmental entity is formation in furtherance of a federal felony decryption keys may be released and authorized to seize or for which the govern- crime to a law enforcement officer, would be decryption assistance provided only pursu- mental entity is authorized to compel pro- subject to a fine and up to 5 years’ imprison- ant to a court order issued upon a finding duction. ment for a first offense, and up to 10 years’ that the key or assistance is necessary to (C) A court order issued under either (A) or imprisonment for a second or subsequent of- decrypt communications or stored data law- (B) must specify the decryption key or fense. fully intercepted or seized. The standard for decryption assistance being sought, and the § 2805. Freedom to sell encryption prod- release of the key or provision of decryption key holder may provide only such release or ucts assistance is tied directly to the problem at assistance as is necessary for access to the (a) IN GENERAL.—The Act legislatively con- hand: the need to decrypt a message or infor- communications, records or information cov- firms that it is lawful to sell any encryption, mation that the government is otherwise au- ered by the court order. regardless of encryption algorithm, key thorized to intercept or obtain. This will en- (3) USE OF KEY.—An investigative or law length or implementation used, domestically sure that key holders need respond to only enforcement officer or governmental entity in the United States or its territories. one type of compulsory process—a court to which a decryption key has been released (b) CONTROL OF EXPORTS BY SECRETARY OF order. Moreover, this Act will set a single may use the key only in the manner, for the COMMERCE.—Notwithstanding any other law, standard for law enforcement, removing any purpose and for the period expressly provided the Act vests the Secretary of Commerce extra burden on law enforcement to dem- for in the court order or certification author- with control of exports of hardware, software onstrate, for example, probable cause for two izing the release and use. At the end of the and technology for information security, in- separate orders (i.e., for the encrypted com- period for authorized release of the cluding encryption for both communications munications or information and for decryption key, the investigative or law en- and other stored data, except when the hard- decryption assistance) and possibly before forcement officer or governmental entity ware, software or technology is specifically two different judges (i.e., the judge issuing must destroy and not retain the key and cer- designed or modified for military use. Under the order for the encrypted communications tify this has been done to the issuing court, the Act, the Secretary must grant export li- or information and the judge issuing the if any. cense exceptions to computer software, com- order to the key holder). (4) NONDISCLOSURE OF RELEASE.—A key puter hardware and technology with (1) WIRE AND ELECTRONIC COMMUNICA- holder may not disclose the release of a encryption capabilities if the Secretary de- TIONS.—To obtain access to a decryption key decryption key or provision of decryption as- termines that a product with comparable se- or decryption assistance from a key holder, sistance unless otherwise ordered to do so by curity is commercially available from a for- an investigative or law enforcement officer law or legal process and then only after prior eign supplier without effective restrictions, must present to the key holder a court order notification to the Attorney General or prin- is generally available in a foreign country, (or a certification issued under the emer- cipal prosecuting attorney of a State or of a or if the product employs encryption from a gency situation procedures in 18 U.S.C. political subdivision of a State, as appro- foreign source that otherwise would be the 2518(7)) issued upon a finding that the priate. sole basis for restriction. decryption key or decryption assistance is (d) RECORDS OR OTHER INFORMATION HELD The Secretary of Commerce would be re- necessary for the decryption of a commu- BY KEY HOLDERS.—Key holders are prohib- quired to grant a license exception for the nication that the officer is authorized to ited from disclosing records or other infor- export of computer software with encryption intercept. The order or certification shall mation (not including decryption keys or the capabilities that is generally available, in- specify the key or assistance being sought contents of communications) pertaining to cluding mass market products (i.e., those and identify the termination date of the pe- key owners, except with the owner’s consent generally available, sold ‘‘as is’’, and de- riod for which the release or assistance is au- or to an investigative or law enforcement of- signed for installation by the purchaser) or thorized. Released keys or other decryption ficer, pursuant to a subpoena, court order or in the public domain and generally acces- assistance may only be used in the manner other lawful process. Investigative or law en- sible. For example, no license would be re- and for the purpose and duration expressly forcement officers receiving such informa- quired for encryption products commercially provided by the court order. tion are not required to notify the person to available without restriction and sold ‘‘as The Act reinforces the principle of mini- whom such information pertains. Key hold- is’’, such as Netscape’s commercially avail- mization. A key holder may only provide the ers who violate this section are liable for able World Wide Web Browser with strong minimal key release or decryption assist- civil damages as provided in subsection (f). encryption, which can not be exported. Simi- ance needed to access the particular commu- (e) CRIMINAL PENALTIES.—Key holders who larly, a license exception would be granted nications or information specified by court violate this section for a tortuous, malicious to export encryption software placed in the order. Under some key recovery schemes, re- or an illegal purpose, or for direct or indirect public domain and generally accessible, such lease of a key holder’s private key—rather commercial advantage or private commer- as Phil Zimmermann’s Pretty Good Privacy than an individual session key—might pro- cial gain, will be subject to a fine and up to program, which has been distributed to the vide the ability to decrypt every commu- 1 year imprisonment for a first offense, and public free of charge via the Internet. nication or stored file ever encrypted by a fine and up to 2 years’ imprisonment for a The Secretary of Commerce would also be particular key owner, or by every user in an second offense. Other reckless and inten- required to grant a license exception for the entire corporation, or by every user who was tional violations would subject the key hold- export of computer hardware that would oth- ever a customer of the key holder. The Act er to a fine of not more than $5,000 and not erwise be restricted solely on the basis that protects against such over broad releases of more than 6 months’ imprisonment. it incorporates computer software with keys by requiring the court issuing the order (f) CIVIL DAMAGES.—Persons aggrieved by encryption capabilities described above, or to find the keys or decryption assistance key holder violations may sue for injunctive so-called ‘‘crypto-ready’’ computer software being sought are necessary. relief, and actual damages or statutory dam- or hardware incorporating an interface A key holder who fails to comply with the ages of $5,000, whichever is greater. A civil mechanism for interaction with encryption court order to provide a decryption key or action must be commenced not later than 2 hardware or software. Finally, the Secretary

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1755 of Commerce would be required to grant a li- S. 377. A bill to promote electronic ests raised by the widespread use of cense exception for the export of encryption commerce by facilitating the use of strong, or unbreakable encryption. In technology related or ancillary to the items strong encryption, and for other pur- response to those criticisms, this Con- described above, to enable American compa- poses; to the Committee on Commerce, gress, working with Senator LEAHY, nies to license their technology for produc- Senator DORGAN, and Senator LOTT, tion, use and sale abroad. Science, and Transportation. Significantly, the government is author- THE PROMOTION OF COMMERCE ON-LINE IN THE has modified this bill to address those ized to continue export controls on countries DIGITAL ERA [PRO-CODE] ACT OF 1997 concerns. Our approach, though, en- that pose terrorism concerns, such as Libya, Mr. BURNS. Mr. President, when I courages Government officials to aban- Syria and Iran, or other embargoed coun- want to communicate, sometimes I don the head-in-the-sand approach that tries, such as Cuba and North Korea, pursu- send a postcard. In that case, I know they’ve taken for the past 7 years, hop- ant to the Trading With the Enemy Act or not to say anything that I don’t want ing that strong encryption would not the International Emergency Economic Pow- become available globally, and take a ers Act. printed on the front page of the newspaper. Somebody, anybody, can read it. proactive approach to addressing this § 2806. Requirements for release of decryption technology. Because everyone agrees key or provision of decryption assistance to When I buy an envelope and put a a foreign country stamp on it, I am taking a step toward that this technology will eventually be widely available globally—many of us The Act bars investigative or law enforce- securing that information. I have a ment officers and key holders from releasing reasonable expectation that people will believe that the technology is already a decryption key or providing decryption as- not open my mail. widely available globally—now is the sistance to a foreign country except when When I talk on the telephone—at time to get industry working with Gov- certain conditions are satisfied. First, the least on a landline telephone—I have a ernment officials to teach them how to foreign country must have entered into a reasonable expectation that nobody is execute their duties in a global com- treaty or convention to provide mutual as- listening in. Today, we are in a world munications network where strong sistance with respect to decryption. Second, encryption is ubiquitous. the foreign country must make a formal re- that is characterized by the fact that nearly everyone has a computer and We believe that this bill lays the quest to the United States for such assist- most responsible course for addressing ance. Third, the Attorney General or the At- that those computers are, for the most torney General’s designee must obtain an part, connected to one another. In light this technology, and I am pleased to order from the district court in which the of that fact, it is becoming more and announce that the following Senators key holder resides directing the key holder more important to ensure that our have signed onto this bill as original to release the decryption key or provide communications over these computer cosponsors: Majority Leader LOTT, As- decryption assistance. Finally, the order sistant Majority Leader NICKLES, Sen- networks are conducted in a secure may only be issued if the judge finds that (1) ator DORGAN, Senator WYDEN, Senator way. It is no longer possible to say that the decryption key or decryption assistance KAY BAILEY HUTCHISON, Senator CRAIG, when we move into the information being sought is necessary for the decryption Senator ASHCROFT, Senator DOMENICI, of a communication or information that the age, we’ll secure these networks, be- Senator MURRAY, Senator BROWNBACK, foreign country is authorized to intercept or cause we are already there. We use Senator KEMPTHORNE, Senator INHOFE, seize pursuant to its own domestic law; (2) computers in our homes and businesses Senator BOXER, Senator FAIRCLOTH, the law of the foreign country provides ade- in a way that couldn’t have been imag- Senator THOMAS, Senator GRAMS, and quate protection against the arbitrary inter- ined 10 years ago, and these computers ference of privacy rights; and (3) the Senator ALLARD. With such impressive decryption key or decryption assistance are connected through networks, mak- bipartisan support, I am extremely op- being sought is in connection with a crimi- ing it easier to communicate than ever timistic that the bill will be reported nal investigation for conduct that would before. This phenomenon holds the out of the Commerce Committee quick- constitute a violation of a criminal law of promise of transforming life in States ly and will pass the Senate during this the United States if committed within the like Montana, where health care and Congress. jurisdiction of the United States. state-of-the-art education can be deliv- The grounds for issuance of the court order As I mentioned earlier, this legisla- ensure that a U.S. court will examine the ered over networks to people located tion was drafted to not only address quality of legal protections in place in the away from population centers. These the concerns raised by industry but foreign country on whose behalf of request new technologies can improve the lives also to encourage law enforcement and for decryption assistance is made and that of real people, but only if the security national security officials to prepare the United States does not facilitate the proof information that moves over these themselves to do their job in an envi- vision of decryption assistance to legal sys- networks is safe and reliable. ronment where strong, unbreakable tem that do not meet minimum inter- The problem today is that our com- encryption is everywhere. To date, the national human rights standards or in cases puter networks are not as secure as that would violate American constitutional FBI/NSA/CIA have devoted their efforts standards. they could be; it is fairly easy for ama- in this area to maintaining the status (b) TECHNICAL AMENDMENT.—The Act adds teur hackers to break into our net- quo and hoping that strong encryption new chapter 125 and the new title in the works. They can intercept information; does not become common worldwide. table of chapters in title 18 of the United they can steal trade secrets and intel- The evidence from a Commerce Depart- States Code. lectual property; they can alter med- ment study conducted over a year ago, Sec. 6. Intelligence Activities.—The Act ical records; the list is endless. Last does not authorize the conduct of intel- indicates that this has already taken ligence activities, nor affect the conduct by Congress, FBI Director Freeh stated place—the study identified 497 foreign- Federal government officers or employees in his profound concerns about the threat made products that were capable of of- intercepting (1) encrypted or other official of economic espionage on a global fering encryption at a level in excess of communications of Federal executive branch basis. One solution to this, of course, is that which domestic companies could or Federal contractors for communications to let individuals and businesses alike export under the present export re- security purposes; (2) radio communications to take steps to secure that informa- strictions in 28 foreign countries. between or among foreign powers or agents, tion. Encryption is one technology as defined by the Foreign Intelligence Sur- Therefore, this legislation encourages veillance Act (FISA); or (3) electronic com- that accomplishes that. Domestically, these officials to address this tech- munication systems used exclusively by for- Americans are free to use strong nology proactively. Essentially the bill eign powers or agents, as defined by FISA. encryption to secure their informa- was designed to accomplish the fol- tion—we are determined to make sure lowing: By Mr. BURNS (for himself, Mr. that that guarantee prevails. Ending the imposition of U.S. Gov- LEAHY, Mr. LOTT, Mr. NICKLES, I rise today to introduce a bill, simi- ernment-designed encryption stand- Mr. DORGAN, Mrs. HUTCHISON, lar to one I introduced during the 104th ards. This is accomplished by restrict- Mr. CRAIG, Mr. WYDEN, Mr. Congress, which designed to promote ing the Department of Commerce ASHCROFT, Mr. DOMENICI, Mr. electronic commerce, both domesti- [NIST] from imposing Government THOMAS, Mr. CAMPBELL, Mrs. cally and globally, by facilitating the encryption standards intended for use BOXER, Mr. BROWNBACK, Mrs. use of strong encryption. Last Con- by the private sector, and by prohib- MURRAY, Mr. KEMPTHORNE, Mr. gress, my bill was criticized for not ac- iting the Department of Commerce INHOFE, Mr. FAIRCLOTH, Mr. knowledging the legitimate law en- from setting de facto encryption stand- GRAMS, and Mr. ALLARD): forcement and national security inter- ards through use of export controls.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1756 CONGRESSIONAL RECORD — SENATE February 27, 1997 Promoting the use of commercial products are not only cornering the able encryption, with a key of 1,024 bit encryption. This is accomplished by foreign market for this technology, length. Thus, NTT is now in the posi- prohibiting the restrictions on the sale they are beginning to compete for the tion of cornering—quite easily, I might of commercial encryption programs U.S. market—as the global export of add—the global market on this tech- and products in interstate commerce; their product increases, their per-unit nology and will soon be competing di- by prohibiting governmental imposi- cost decreases; thus, domestic compa- rectly with RSA for the U.S. market tion, expressly or in practice, of man- nies may soon find themselves com- with similar chips which, due to econo- datory key escrow; and by permitting peting for the U.S. market against a mies of scale, cost less to consumers. the export of, first, generally available foreign product which offers com- Once NTT has run all of its U.S. com- software with encryption capabilities, parable security but at a lower cost. In petitors out of business, it will be and second, other software and hard- effect, these export restrictions are ef- uniquely poised to take over every in- ware with encryption capabilities if ex- fectively exporting the entire dustry that incorporates the NTT chip ports of products with similar security encryption manufacturing industry. into a product, in the exact same way have been exported for use by foreign INDUSTRIES THAT INCORPORATE ENCRYPTION as they took over the chips manufac- financial institutions. TECHNOLOGY INTO THEIR PRODUCTS turing industry. Protecting the national security and The export restrictions apply not COMPANIES WHO TRANSMIT PROPRIETARY IN- public safety. This is accomplished by, only to companies who are in the busi- FORMATION OVER THE GLOBAL COMMUNICA- first, imposing industry reporting re- ness of the manufacture and sale of TIONS NETWORK quirements upon companies wishing to encryption technology, but also to en- Not only do the export restrictions export products with strong tire industries that purchase this tech- pose commercial problems for indus- encryption; second, creating an Infor- nology and incorporate it into their tries that manufacture or incorporate mation Security Board whose purpose products. The restrictions even apply encryption technology into their prod- is to get industry experts and law en- to domestic industries who import ucts, they also raise serious economic forcement/national security officers to encryption technology and incorporate threats to any industry that transmits work together—both publicly and pri- it into their products. Furthermore, proprietary information over the glob- vately—to address the execution of law the restrictions prohibit export of al communications network. Because enforcement/national security func- products that are encryption-ready, the public communications network is tions in an environment where strong that is, are designed to have the global, the export restrictions effec- encryption has widely proliferated; and encryption package installed else- tively prohibit companies who wish to third, by prohibiting exports of par- where. These industries suffer the same communicate with subsidiaries, part- ticular encryption software and hard- competition disadvantage in the global ners, or customers outside the United ware to identified individuals or orga- marketplace that our domestic States in a secure way; transmitting nizations in specific foreign countries encryption manufacturing companies the hardware or software to inter- if there is substantial evidence that it face. Likewise, it will not be long be- national associates to provide commu- will be diverted to, or modified for, fore these industries find themselves nications security in excess of that al- military or terrorist end-use. (having already conceded all foreign lowable under the export restrictions We believe that getting law enforce- markets to foreign competitors) com- violate those restrictions. The eco- ment and national security officials to peting for the U.S. market with foreign nomic implications arising from this address this technology proactively is competitors offering similar products application of the export restrictions is a more responsible and defensible posi- but at a lower price. Thus, continued staggering: petroleum companies can’t tion than mandating a key escrow or application of the export restrictions send exploration data to overseas sub- other key recovery system upon indus- on encryption technology could result sidiaries; automotive companies can’t try. in the export of a wide range of indus- send design information to factories This legislation is vitally important tries. abroad; Walt Disney can’t send the dig- to a wide range of domestic industries. As information security becomes an ital package of the movie the Lion The export restriction poses serious increasingly important consideration, King to its distributor in England; the commercial threats to three distinct we are seeing a broad range of products list is endless. Thus, all intellectual classes of industry: first, the industry that are incorporating encryption tech- property or other proprietary informa- that manufacturers and sells nology. For example, the entire tele- tion that travels over the public net- encryption software and hardware; sec- communications manufacturing indus- work is put at risk of economic espio- ond, industries that purchase try—from cellular telephones to nage as a result of this application of encryption hardware and software and switches—has a direct stake in this de- these export restrictions. incorporate that technology into their bate. Likewise, virtually all manufac- Finally, the controversy over this products; and third, all industries that turing concerns are impacted. I am in technology raises serious fourth communicate with subsidiaries or cus- the process of collecting statements amendment constitutional issues. In a tomers over the global communica- from 23 separate industries who see the new era where one’s personal and eco- tions network. speedy resolution of this problem as nomic information is increasingly ren- THE ENCRYPTION MANUFACTURING INDUSTRY critical to their survival in the global dered in digital form, the ability of the While domestic companies presently marketplace. Government to peer into such data at hold a position of global leadership in NIGHTMARE SCENARIO will raises serious fourth amendment the manufacture of products that pro- During the first hearing on Pro-Code concerns. vide strong encryption, this leadership last Congress, one of the witnesses, Further, it raises first amendment is threatened by the provisions re- Jim Bidzos, the founder and owner of constitutional issues as well. Last stricting the export of this technology. RSA Data Security, a prominent do- month, a California Appellate Court af- Because there are no import restric- mestic encryption manufacturing com- firmed a favorable ruling in the first tions on the sale of this technology and pany, pointed out that the United amendment challenge to the Arms Ex- because there are no domestic restric- States is presently on the verge of export Control Act [AECA] and the Inter- tions on the sale of this technology, porting, industry by industry, the national Traffic in Arms Regulations foreign manufacturers of encryption lion’s share of our country’s industry [ITAR] in Bernstein versus U.S. De- technology have seized the opportunity base. At that hearing, he pointed out partment of State. Bernstein involved provided by the continued application that Nippon Telephone & Telegraph a graduate student, Daniel J. Bern- of these export restrictions to steal [NTT], the largest company on the stein, who developed an encryption al- market share from domestic compa- planet with $600 billion in annual reve- gorithm called Snuffle. He had articu- nies. Because we are already seeing nues and $300 million in annual sub- lated his mathematical ideas in two hundreds of different foreign-made sidies from the Japanese Government ways: in an academic paper and in a products offering strong encryption in has just announced the production— source code. The State Department de- the global marketplace, the foreign and intention to export globally—of a nied Bernstein’s request to export his companies who manufacture these computer chip that provided unbreak- cryptographic product for the purposes

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1757 of teaching the Snuffle algorithm, to riety of communications and computer hard- and programs offering encryption capabili- disclose it at academic conferences, or ware and computer software that provide ties; and to publish it in journals or online dis- strong, robust, and easy-to-use encryption. (B) the Federal Government should be pro- cussion groups. Bernstein alleged that (9) United States businesses seek to mar- hibited from promulgating regulations and ket the products described in paragraph (8) adopting policies that discourage the use and the restrictions were: an unconstitu- in competition with scores of foreign busi- sale of encryption. tional prior restraint on speech; an in- nesses in many countries that offer similar, (b) PURPOSE.—The purpose of this Act is to fringement on his free speech; and in- and frequently stronger, encryption products promote electronic commerce through the fringed the rights of association and and programs. use of strong encryption by— equal protection. The State Depart- (10) The regulatory efforts by the Sec- (1) recognizing that businesses in the ment moved to dismiss the case of the retary of Commerce, acting through the Na- United States that offer computer hardware grounds that these issues were tional Institute of Standards and Tech- and computer software made in the United nology, and other entities to promulgate nonjusticible, and the Court denied the States that incorporate encryption tech- standards and guidelines in support of gov- nology are ready and immediately able, with motion finding that source code was ernment-designed solutions to encryption respect to electronic information that will considered to be speech for the pur- problems that— be essential to conducting business in the poses of the first amendment analysis. (A) were not developed in the private sec- twenty-first century to provide products In light of the pressing commercial tor; and that are designed to— and constitutional impact of restrict- (B) have not received widespread commer- (A) protect the confidentiality of that in- ing the sale of this technology, both cial support, formation; and domestically and abroad, I believe that have had a negative impact on the develop- (B) ensure the authenticity and integrity we must act now, before we effectively ment and marketing of products with of that information; encryption capabilities by United States (2) restricting the Department of Com- export entire industries. I encourage businesses. merce with respect to the promulgation or my colleagues to join me in supporting (11) Because of outdated Federal controls, enforcement of regulations, or the applica- Pro-Code. United States businesses have been prohib- tion of policies, that impose government-de- Mr. President, I ask unanimous con- ited from exporting strong encryption prod- signed encryption standards; and sent that the text of the bill be printed ucts and programs. (3) promoting the ability of United States in the RECORD. (12) In response to the desire of United businesses to sell to computer users world- There being no objection, the bill was States businesses to sell commercial prod- wide computer software and computer hard- ucts to the United States Government and to ordered to be printed in the RECORD, as ware that provide the strong encryption de- sell a single product worldwide, the Sec- follows: manded by such users by— retary of Commerce, acting through the Na- (A) restricting Federal or State regulation S. 377 tional Institute of Standards and Tech- of the sale of such products and programs in Be it enacted by the Senate and House of Rep- nology, has sought to require them to in- interstate commerce; resentatives of the United States of America in clude features in products sold both in the (B) prohibiting mandatory key escrow Congress assembled, United States and foreign countries that will encryption systems; and SECTION 1. SHORT TITLE. allow the Federal Government easy access to (C) establishing conditions for the sale of This Act may be cited as the ‘‘Promotion the plain text of all electronic information encryption products and programs in foreign of Commerce On-Line in the Digital Era and communications. commerce. (13) The Secretary of Commerce, acting (Pro-CODE) Act of 1997’’. SEC. 3. DEFINITIONS. through the National Institute of Standards SEC. 2. FINDINGS; PURPOSE. For purposes of this Act, the following and Technology, has proposed that United (a) FINDINGS.—The Congress finds the fol- definitions shall apply: States businesses be allowed to sell products lowing: (1) AS IS.—The term ‘‘as is’’ means, in the and programs offering strong encryption to (1) The ability to digitize information case of computer software (including com- the United States Government and in foreign makes carrying out tremendous amounts of countries only if the products and programs puter software with encryption capabilities), commerce and personal communication elec- include a feature guaranteeing the Federal a computer software program that is not de- tronically possible. Government access to a key that decrypts signed, developed, or tailored by a producer (2) Miniaturization, distributed computing, information (hereafter in this section re- of computer software for specific users or and reduced transmission costs make com- ferred to as ‘‘key escrow encryption’’). purchasers, except that such term may in- munication via electronic networks a re- (14) The key escrow encryption approach to clude computer software that— ality. regulating encryption is reflected in the ap- (A) is produced for users or purchasers that (3) The explosive growth in the internet proval in 1994 by the National Institute of supply certain installation parameters need- and other computer networks reflects the po- Standards and Technology of a Federal infor- ed by the computer software program to tential growth of electronic commerce and mation processing standard for a standard of function properly with the computer system personal communication. escrowed encryption, known as the ‘‘clipper of the user or purchaser; or (4) The internet and the global information chip’’, that was flawed and controversial. (B) is customized by the user or purchaser infrastructure have the potential to revolu- (15) The current policy of the Federal Gov- by selecting from among options contained tionize the way individuals and businesses ernment to require that keys to decrypt in- in the computer software program. conduct business. formation be made available to the Federal (2) COMPUTING DEVICE.—The term ‘‘com- (5) The full potential of the internet for the Government as a condition of exporting puting device’’ means a device that incor- conduct of business cannot be realized as strong encryption technology has had the ef- porates one or more microprocessor-based long as it is an insecure medium in which fect of prohibiting the exportation of strong central processing units that are capable of confidential business information and sen- encryption technology. accepting, storing, processing, or providing sitive personal information remain at risk of (16) The Federal Government has legiti- output of data. unauthorized viewing, alteration, and use. mate law enforcement and national security (3) COMPUTER HARDWARE.—The term ‘‘com- (6) Encryption of information enables busi- objectives which necessitate the disclosure puter hardware’’ includes computer systems, nesses and individuals to protect themselves to the Federal Government of general infor- equipment, application-specific assemblies, against the unauthorized viewing, alter- mation that is neither proprietary nor con- modules, and integrated circuits. ation, and use of information by employing fidential by experts in information security (4) DECRYPTION.—The term ‘‘decryption’’ widely understood and readily available industries, including cryptographers, engi- means the unscrambling of wire or elec- science and technology to ensure the con- neers, and others designated in the design tronic communications or information using fidentiality, authenticity, and integrity of and development of information security mathematical formulas, codes, or algo- information. products. By relaxing export controls on rithms. (7) In order to promote economic growth encryption products and programs, this Act (5) DECRYPTION KEY.—The term and meet the needs of businesses and individ- creates an obligation on the part of rep- ‘‘decryption key’’ means the variable infor- uals in the United States, a variety of resentatives of companies involved in the ex- mation used in a mathematical formula, encryption products and programs should be port of information security products to code, or algorithm, or any component there- available to promote strong, flexible, and share information about those products to of, used to decrypt wire or electronic com- commercially acceptable encryption capa- designated representatives of the Federal munications or information that has been bilities. Government. encrypted. (8) United States computer, computer soft- (17) In order to promote electronic com- (6) DESIGNED FOR INSTALLATION BY THE ware and hardware, communications, and merce in the twenty-first century and to re- USER OR PURCHASER.—The term ‘‘designed electronics businesses are leading the world alize the full potential of the internet and for installation by the user or purchaser’’ technology revolution, as those businesses other computer networks— means, in the case of computer software (in- have developed and are prepared to offer im- (A) United States businesses should be en- cluding computer software with encryption mediately to computer users worldwide a va- couraged to develop and market products capabilities) computer software—

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(A) with respect to which the producer of (1) IN GENERAL.—Except as provided in this that there is substantial evidence that such that computer software— Act, neither the Federal government nor any software and computer hardware will be— (i) intends for the user or purchaser (in- State may restrict or regulate the sale in (i) diverted to a military end-use or an end- cluding any licensee or transferee), to install interstate commerce by any person of any use supporting international or domestic ter- the computer software program on a com- product or program designed to provide rorism; puting device; and encryption capabilities solely because such (ii) modified for military or terrorist end- (ii) has supplied the necessary instructions product or program has encryption capabili- use, including acts against the national secu- to do so, except that the producer or dis- ties. Nothing in this paragraph may be con- rity, public safety, or the integrity of the tributor of the computer software program strued to preempt any provision of Federal transportation, communications, or other es- (or any agent of such producer or dis- or State law applicable to contraband or reg- sential systems of interstate commerce in tributor) may also provide telephone help- ulated substances. the United States; line or onsite services for computer software (2) APPLICABILITY.—Paragraph (1) shall (iii) reexported without the authorization installation, electronic transmission, or apply without regard to the encryption algo- required under Federal law; or basic operations; and rithm selected, encryption key length cho- (iv) intentionally used to evade enforce- (B) that is designed for installation by the sen, or implementation technique or medium ment of United States law or taxation by the user or purchaser without further substan- used for a product or program with United States or by any State or local gov- tial support by the supplier. encryption capabilities. ernment. (7) ENCRYPTION.—The term ‘‘encryption’’ (b) PROHIBITION ON MANDATORY KEY ES- (4) REPORTING.— means the scrambling of wire or electronic CROW.—Neither the Federal government nor (A) EXPORTS.—The publisher or manufac- communications or information using math- any State may require, as a condition of sale turer of computer software or hardware with ematical formulas, codes, or algorithms in in interstate commerce, that a decryption encryption capabilities shall disclose (for re- order to preserve the confidentiality, integ- key, or access to a decryption key, be given porting purposes only) within 30 days after rity, or authenticity of such communica- to any other person (including a Federal export to the Secretary such information re- agency or an entity in the private sector tions or information and prevent unauthor- garding a program’s or product’s encryption that may be certified or approved by the ized recipients from accessing or altering capabilities as would be required for an indi- Federal government or a State). such communications or information. vidual license to export that program or (c) CONTROL OF EXPORTS BY SECRETARY.— (8) GENERAL LICENSE.—The term ‘‘general product. license’’ means a general authorization that (1) GENERAL RULE.—Notwithstanding any other provision of law and subject to para- (B) REPORT NOT AN EXPORT PRE- is applicable to a type of export that does CONDITION.—Nothing in this paragraph shall not require an exporter of that type of ex- graphs (2), (3), and (4), the Secretary shall have exclusive authority to control exports be construed to require, or to permit the port to, as a condition to exporting— Secretary to impose any conditions or re- (A) submit a written application to the of all computer hardware, computer software, and technology with encryption capa- porting requirements, including reporting Secretary; or under subparagraph (A), as a precondition to (B) receive prior written authorization by bilities, except computer hardware, computer software, and technology that is spe- the exportation of any such product or pro- the Secretary. gram. (9) GENERALLY AVAILABLE.—The term cifically designed or modified for military SEC. 6. INFORMATION SECURITY BOARD. ‘‘generally available’’ means, in the case of use, including command, control, and intel- (a) INFORMATION SECURITY BOARD TO BE ES- computer software (including software with ligence applications. TABLISHED.—The Secretary shall establish an encryption capabilities), computer software (2) ITEMS THAT DO NOT REQUIRE INDIVIDUAL Information Security Board comprised of that— LICENSES.—Except as provided in paragraph representatives of agencies within the Fed- (A) is distributed via the internet or that (3)(b) of this subsection, only a general li- eral Government responsible for or involved is widely offered for sale, license, or transfer cense may be required, except as otherwise provided under the Trading with the Enemy in the formulation of information security (without regard to whether it is offered for policy, including export controls on products consideration), including over-the-counter Act (50 U.S.C. App. 1 et seq.) or the Inter- national Emergency Economic Powers Act with information security features (includ- retail sales, mail order transactions, tele- ing encryption). The Board shall meet at phone order transactions, electronic dis- (50 U.S.C. 1701 et seq.) (but only to the extent that the authority of the International such times and in such places as the Sec- tribution, or sale on approval; or retary may prescribe, but not less frequently Emergency Economic Powers Act is not ex- (B) preloaded on computer hardware that than quarterly. The Federal Advisory Com- ercised to extend controls imposed under the is widely available. mittee Act (5 U.S.C. App.) does not apply to Export Administration Act of 1979), for the (10) INTERNET.—The term ‘‘internet’’ the Board or to meetings held by the Board export or reexport of— means the international computer network under subsection (d). of both Federal and non-Federal inter- (A) any computer software, including soft- (b) PURPOSES.—The purposes of the Board connected packet-switched data networks. ware with encryption capabilities, that— are— (11) SECRETARY.—The term ‘‘Secretary’’ (i) is generally available, as is, and de- (1) to provide a forum to foster commu- means the Secretary of Commerce. signed for installation by the user or pur- nication and coordination between industry (12) STATE.—The term ‘‘State’’ means each chaser; or and the Federal government; and of the several States of the United States, (ii) is available on the date of enactment of (2) to foster the aggregation and dissemi- the District of Columbia, the Commonwealth this Act, or becomes legally available there- nation of general, nonproprietary, and non- of Puerto Rico, and any Territory or Posses- after, in the public domain (including on the confidential developments in important in- sion of the United States. internet) or publicly available because it is formation security technologies, including SEC. 4. RESTRICTION OF DEPARTMENT OF COM- generally accessible to the interested public encryption. MERCE ENCRYPTION ACTIVITIES IM- in any form; or (c) REQUIREMENTS.— POSING GOVERNMENT ENCRYPTION (B) any computing device or computer (1) REPORTS TO AGENCIES.—The Board shall SYSTEMS. hardware solely because it incorporates or regularly report general, nonproprietary, (a) LIMITATION ON REGULATORY AUTHORITY employs in any form computer software (in- and nonconfidential information to appro- CONCERNING ENCRYPTION STANDARDS.—The cluding computer software with encryption Secretary may not (acting through the Na- priate Federal agencies to keep law enforce- capabilities) that is described in subpara- ment and national security agencies abreast tional Institute of Standards and Technology graph (A). or otherwise) promulgate, or enforce regula- of emerging technologies so they are able ef- (3) COMPUTER SOFTWARE AND COMPUTER tions, or otherwise adopt standards or carry fectively to execute their responsibilities. HARDWARE WITH ENCRYPTION CAPABILITIES.— out policies that result in encryption stand- (2) PUBLICATIONS.—The Board shall cause (A) IN GENERAL.—Except as provided in ards intended for use by businesses or enti- such information (other than classified, pro- subparagraph (B), the Secretary shall au- ties other than Federal computer systems. prietary, or confidential information) as it thorize the export or reexport of computer (b) LIMITATION ON AUTHORITY CONCERNING deems appropriate, consistent with its pur- EXPORTS OF COMPUTER HARDWARE AND COM- software and computer hardware with poses, to be published from time to time PUTER SOFTWARE WITH ENCRYPTION CAPABILI- encryption capabilities under a general li- through any appropriate medium and to be TIES.—Except as provided in section cense for nonmilitary end-uses in any foreign made available to the public. 5(c)(3)(B), the Secretary may not promulgate country to which those exports of computer (d) MEETINGS.—The Secretary shall estab- or enforce regulations, or adopt or carry out software and computer hardware of similar lish a process for quarterly meetings be- policies in a manner inconsistent with this capability are permitted for use by financial tween the Board and representatives from act, or that have the effect of imposing gov- institutions that the Secretary determines the private sector with interest or expertise ernment-designed encryption standards on not to be controlled in fact by United States in information security, including cryptog- the private sector by restricting the export persons. raphers, engineers, and product managers. of computer hardware and computer soft- (B) EXCEPTION.—The Secretary shall pro- The Board may meet at anytime with one or ware with encryption capabilities. hibit the export or reexport of particular more representatives of any person involved SEC. 5. PROMOTION OF COMMERCIAL computer software and computer hardware in the development, production, or distribu- ENCRYPTION PRODUCTS. described in this subsection to an identified tion of encryption technology or of com- (a) PROHIBITION ON RESTRICTIONS ON SALE individual or organization in a specific for- puting devices that contain encryption tech- OR DISTRIBUTION IN INTERSTATE COMMERCE.— eign country if the Secretary determines nology.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1759 SEC. 7. STATUTORY CONSTRUCTION. a key recovery system held by a third serving this vital link with our natives’ Nothing in this Act may be construed to party, so I won’t belabor them. But the heritage. affect any law intended to prevent the— privacy concerns are real. I can’t imag- I ask unanimous consent that the (1) distribution of descramblers or any text of the legislation be included in other equipment for illegal interceptions of ine why users would want to buy a cable and satellite television signals; product that simply puts at risk un- the RECORD. (2) illegal or unauthorized distribution or warranted release of the encrypted ma- There being no objection, the bill was release of classified, confidential, or propri- terial. No matter how many protec- ordered to be printed in the RECORD, as etary information; or tions can be built into the key escrow follows: (3) enforcement of Federal or State crimi- system, there is no way to avoid some S. 379 nal law. misuse or abuse of the system. Be it enacted by the Senate and House Mr. GRAMS. Mr. President, I rise in Senator BURNS should be congratu- of Representatives of the United States support of Senator BURNS’ legislation, lated for his effort to correct this pol- of America in Congress assembled, the Promotion of Commerce On-Line in icy. I applaud his efforts and strongly SECTION 1. CHARITABLE CONTRIBUTION DEDUC- the Digital Era (Pro-CODE) Act of 1997 support them as chairman of the Inter- TION FOR CERTAIN EXPENSES IN- and am pleased to be an original co- national Finance Subcommittee of the CURRED IN SUPPORT OF NATIVE ALASKAN SUBSISTENCE WHALING. sponsor of the bill. Banking Committee which has juris- (a) IN GENERAL.—Section 170 of the Inter- This is important legislation which diction over many export control nal Revenue Code of 1986 (relating to chari- will create the proper balance between issues. table, etc., contributions and gifts) is amend- encryption technology export interests ed by redesignating subsection (m) as sub- as well as national security interests. By Mr. MURKOWSKI (for himself section (n) and by inserting after subsection The administration’s encryption policy and Mr. STEVENS): (l) of the following new subsection: was disappointing to me, since it S. 379. A bill entitled the ‘‘Native ‘‘(m) EXPENSES PAID BY CERTAIN WHALING tipped the balance too far in the direc- Alaskan Subsistance Whaling Provi- CAPTAINS IN SUPPORT OF NATIVE ALASKA SUB- sion’’; to the Committee on Finance. SISTENCE WHALING.— tion of security and law enforcement ‘‘(1) IN GENERAL.—In the case of an indi- concerns, risking important privacy ALASKA SUBSISTENCE WHALING LEGISLATION vidual who is recognized by the Alaska Es- rights of producers and users of Mr. MURKOWSKI. Mr. President, I kimo Whaling Commission as a whaling cap- cncryption technology. rise on behalf of myself and Senator tain charged with the responsibility of main- Again our Government has found STEVENS to introduce legislation that taining and carrying out sanctioned whaling itself in the position of creating unilat- would resolve a dispute that has ex- activities and who engages in such activities eral export controls that will do only isted for several years between the IRS during the taxable year, the amount de- one thing—essentially terminate ex- and native whaling captains in my scribed in paragraph (2) (to the extent such amount does not exceed $7,500 for the taxable port opportunities for U.S. companies. State. Our legislation would amend the year) shall be treated for purposes of this To limit U.S. companies from export- Internal Revenue Code to ensure that a section as a charitable contribution. ing encyrption technology at 56 bits charitable donation tax deduction ‘‘(2) AMOUNT DESCRIBED.—The amount de- without a costly key recovery system would be allowed for native whaling scribed in this paragraph is the aggregate of will simply price us out of the market. captains who organize and support sub- the reasonable and necessary whaling ex- Many of our allies are ready to sell far sistence whaling activities in their penses paid by the taxpayer during the tax- more sophisticated technology without communities. able year in carrying out sanctioned whaling Subsistence whaling is a necessity to activities. For purposes of the preceding sen- a key recovery system. It’s not hard to tence, the term ‘whaling expenses’ includes see who will pick up most of a growing the Alaska Native community. In expenses for— encryption technology global market. many of our remote village commu- ‘‘(A) the acquisition and maintenance of Also, key recovery is not needed for nities, the whale hunt is a tradition whaling boats, weapons, and gear used in encryption technology sold domesti- that has been carried on for genera- sanctioned whaling activities, cally or imported. If U.S. companies tions over many millennia. It is the ‘‘(B) the supplying of food for the crew and are forced to sell only the technology custom that the captain of the hunt other provisions for carrying out such activi- including the key recovery for cost make all provisions for the meals, ties, and ‘‘(C) storage and distribution of the catch savings reasons, it’s also not hard to wages, and equipment costs associated from such activities. see how quickly the domestic market with this important activity. ‘‘(3) SANCTIONED WHALING ACTIVITIES.—For will dry up in favor of imports. The so- In most instances, the captain is re- purposes of this subsection, the term ‘sanc- lution is not import controls. The paid in whale meat and muktuck, tioned whaling activities’ means subsistence Burns bill is the solution that 18 Sen- which is blubber and skin. However, as bowhead whale hunting activities conducted ators of both parties have supported part of the tradition, the captain is re- pursuant to the management plan of the today. quired to donate a substantial portion Alaska Eskimo Whaling Commission.’’. (b) EFFECTIVE DATE.—The amendment Senator BURNS’ bill protects national of the whale to his village in order to made by subsection (a) shall apply to all tax- security interests. It would not allow help the community survive. able years beginning before, on, or after the exports over what is available from our The proposed deduction would allow date of the enactment of this Act. allies. It also allows Commerce to pro- the captain to deduct up to $7,500 to hibit specific exports where there is help defray the costs associated with By Mr. DURBIN (for himself, Mr. substantial evidence the technology providing this community service. KENNEDY, and Mr. KOHL): will be diverted or used by terrorists, Mr. President, I want to point out S. 380. A bill to prohibit foreign na- drug dealers and other criminals. Fur- that if the captain incurred all of these tionals admitted to the United States ther, it creates an Information Secu- expenses and then donated the whale under a nonimmigrant visa from pos- rity Board designed to get industry and meat to a local charitable organiza- sessing a firearm; to the Committee on law enforcement interests together to tion, the captain would almost cer- the Judiciary. address this important issue. tainly be able to deduct the costs he in- EMPIRE STATE BUILDING COUNTERTERRORISM I am sensitive to law enforcement curred in outfitting the boat for the ACT and national security concerns, but the charitable purpose. However, the cul- Mr. DURBIN. Mr. President, I rise holes in the administration’s policy are tural significance of the captain’s shar- today to introduce with Senators KEN- enormous and smack of politics more ing the whale with the community NEDY and KOHL the ‘‘Durbin-Kennedy than sound policy. Criminals and ter- would be lost. Empire State Building Counter-Ter- rorists will simply not use U.S. tech- This is a very modest effort to allow rorism Act of 1997.’’ nology, or they will find a way to cir- the Congress to recognize the impor- This legislation is spurred by the re- cumvent the key recovery system. tance of this part of our Native Alas- cent tragedy at the Empire State Also, they can use encryption tech- kan tradition. Last year, the Joint Building where a man in this country nology within the U.S. without the Committee on Taxation estimated that on a tourist visa shot and killed Chris same scrutiny. this provision would cost a mere $3 Burmeister, a young Danish tourist, Senator BURNS has described the million over a 10-year period. I think wounded six and then turned the gun many problems and questions raised by that is a very small price for pre- on himself.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1760 CONGRESSIONAL RECORD — SENATE February 27, 1997 But this bill is about much more and who are here for legitimate sport- should be able to purchase or carry a than that one tragedy. It is an effort to ing purposes, law enforcement purposes firearm here. address a real problem and to pass a or diplomatic purposes will be exempt. Senator DURBIN and I are introducing sensible measure to deal with it. The It only makes sense that someone who a bill today to close this gaping loop- shooting at the Empire State Building is here to take part in a shooting com- hole. Our bill will prohibit foreign na- has sadly served to reveal a glaring gap petition should be able to bring in their tionals who are in the United States on in our laws—a gap that any would-be gun. a nonimmigrant visa from possessing a terrorist could walk through. The second exception allows people firearm. Foreign nationals here on a The fact is that any foreign national here on nonimmigrant visas to buy a tourist visa, or a temporary work visa, who is coming into the United States firearm if they have been in this coun- would be prohibited from carrying a on a tourist visa will probably pass try for 6 months and if they can prove firearm, and dealers would be prohib- through several airport security checks that they do not have a criminal record ited from knowingly selling them a to determine whether or not he is car- in their country of origin. firearm. The INS already provides im- rying a firearm. But as we have learned Mr. President, this is a rational piece migration information to law enforce- in the tragedy at the Empire State of legislation. We are all concerned ment authorities conducting back- Building, that foreign tourist can slip with the growing terrorist threat in ground checks on gun purchasers, so through our Nation’s laws and can our country. No one who has followed they are well-positioned to provide this probably buy a gun once here in the the news in the last decade can be un- additional information to firearms United States more easily than you or aware of the fact that our Nation is a dealers. I could. terrorist target. Well, we should not be The bill does not apply to permanent The motivation for the killing in putting guns in the hands of terrorists. residents. In addition, a series of sen- New York is not clearly terrorist in na- This bill will stop that from happening. sible exceptions will permit certain ture. But I do not want to wait until a I hope all of us can work quickly to foreign nationals who are in the United terrorist exploits these loopholes in pass this measure. States temporarily to carry a firearm. order to act. Let us close the gap now. Mr. KENNEDY. Mr. President, the For example, foreign nationals per- Let me briefly explain the problem. killings at the Empire State Building forming official State functions, such Currently, more than 20 million people last Sunday were the shots heard as bodyguards and other Embassy per- a year come into the United States on ’round the country. The entire Nation sonnel, would be exempted. Foreign na- nonimmigrant visas. Nearly 1 million was horrified to learn of the senseless tionals who are coming to the United of them came in via Chicago last year. assault on seven tourists, and hope- States to go hunting would also be ex- And by the way, that number does not fully we will be shocked into action to empted. The Justice Department would include people from Mexico and Can- close the flagrant loophole in the gun have the discretion to grant additional ada. There are more than 50 types of laws that allowed the attack to hap- exemptions to qualified applicants. nonimmigrant visas, including tourist pen. It’s preposterous that a deranged We intend to address in future legis- visas, work visas, student visas, and alien could arrive in this country, set lation another major aspect of the gun diplomatic visas. These visas are issued up temporary residence in a motel, buy violence problem in America—which is to people who do not intend to reside a semiautomatic handgun, and start the widespread disparity between gun permanently in the United States and blasting away in a crowded tourist site. control laws in various States. It will they are issued without any kind of The gunman at the Empire State be impossible to stop guns from coming criminal background check of the ap- Building killed himself. One other per- into New York or Massachusetts, or plicant. son died, six were injured, and count- elsewhere, if we don’t solve this prob- Under the Brady law, anyone who less others on the observation deck at lem. Fifteen percent of the gun crimes wants to buy a gun in this country has the time bear the psychological scars committed in New York City in 1995 in- to undergo a criminal background from this senseless atrocity. Most of volved guns traced to Florida. Gun- check. In the last 28 months, this re- the victims were visitors from other running will always be a profitable quirement has stopped more than 186,000 illegal gun purchases. Seventy countries—France, Switzerland, and business, as long as some States make percent of those denied were felons. Argentina—and were there seeing one it as easy to buy guns as to buy gro- But what the Empire State Building of the most famous symbols of Amer- ceries. We must address this larger shooting reveals is a gap in this law. ica. problem, or we will continue to suffer Someone who just came to the United Imagine the nightmare for a 16-year- these senseless acts of violence. States on a tourist visa clearly does old French tourist who saw both her This bill cannot undo the tragedy not have a criminal record in this parents shot, or the 10-year-old girl last Sunday at the Empire State Build- country. Yet he or she may have such from the Bronx whose father was ing. But we can prevent future similar a record in their country of origin. The wounded. The thoughts and prayers of tragedies by closing the loopholes that Brady bill cannot catch them since we all Americans are with the victims and exist in current Federal law that en- do not search criminal records in for- their families. able foreign nationals to obtain fire- eign countries. So the tourist with a The shock and disbelief turned to arms too easily. I urge my colleagues criminal record can easily get a gun. anger as we learned more about the cir- to support this sensible and needed pro- It is frightening to anticipate the cumstances of the shooting. The gun- posal. damage that a foreign terrorist could man, Abu Kamal, was in the United Mr. President, I commend the Sen- wreak by exploiting this gap. But clos- States on a tourist visa, and was easily ator from Illinois for his forceful state- ing this loophole is easy. And we able to purchase a Berreta semiauto- ment in support of this legislation should do it now. Not later. matic handgun in Florida, even though which will address a gaping loophole The measure I propose is straight- there is a 90-day residency requirement that exists in the gun laws and which forward. It bars people who have come under Federal law before aliens can he has ably explained on the floor of to this country on nonimmigrant visas purchase a handgun. the Senate this afternoon where indi- from being able to purchase or possess The current gaps in Federal law are viduals would be able to come into the a gun. appalling. A foreign national can come United States on a temporary visa and Let me emphasize that the vast ma- to the United States on a tourist visa, be able to purchase not just perhaps jority of the people who come to this or a work visa, and then obtain a hand- one weapon but a whole series of weap- country on nonimmigrant visas do not gun legally with ease. There is vir- ons and be able to use them for what- have any kind of criminal background tually nothing to stop a terrorist from ever purposes they might want here in and do not intend to buy guns or harm entering the United States on a tourist the United States or perhaps take anyone. And that is why the legislation visa, and then purchasing a supply of them outside of the United States. This has two important and sensible excep- weapons legally in the United States is a gaping loophole. With the informa- tions. for use in a terrorist activity. There is tion that is being acquired by the INS, First, foreign nationals who enter no legitimate reason why someone who there is no reason it cannot be made this country on nonimmigrant visas is in the United States temporarily available to gun dealers around the

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1761 country with a minimum amount of in- Given differences in biological re- Mr. President, this is the year to terference in their ability to sell guns sponses according to age, research is enact this bill into law. This proposal in conformance with other provisions needed on the particular effects of can- is a key Medicare reform to include in of the law. cer and cancer treatments on those age the action expected in the upcoming I think this is a really important 65 and older. Our legislation will pro- budget process that will deal with piece of legislation, and I welcome the mote that vital research. At the same Medicare spending and policy. opportunity to work with the Senator. time, it will provide the Health Care Mr. President, I ask unanimous con- Hopefully, we will have it acted on as Financing Administration with the in- sent that additional material be print- well as the other provisions that are formation it needs on whether coverage ed in the RECORD. before the Senate dealing with the for experimental therapies and treat- There being no objection, the mate- massive movement of weapons from ments should be eventually extended to rial was ordered to be printed in the State to State. In my own State of the entire Medicare population. In the RECORD, as follows: Massachusetts, about 80 percent of the long run, the coverage of patient care S. 381 weapons that are used in crimes of vio- costs in clinical trials will save the Be it enacted by the Senate and House of Rep- lence are imported. As good as we have, health care delivery system millions of resentatives of the United States of America in in terms of the local and State control, dollars by telling us at the earliest pos- Congress assembled, we are not able to control it and deal sible time which medical interventions SECTION 1. SHORT TITLE. with the issues of providing security to work and which do not. This Act may be cited as the ‘‘Medicare our people in our State. Our legislation is an effort to give Cancer Clinical Trial Coverage Act of 1997’’. But I thank the Senator and welcome Medicare beneficiaries the security and SEC. 2. MEDICARE CANCER PATIENT DEM- ONSTRATION PROJECT. the chance to join with him and look decency of knowing that if they are di- (A) ESTABLISHMENT.—Not later than Janu- forward to working with him on the agnosed with cancer, their treatment ary 1, 1998, the Secretary of Health and legislation. options will be determined by whatever Human Services (in this Act referred to as therapy they and their doctor decide the ‘‘Secretary’’) shall establish a dem- By Mr. ROCKEFELLER (for him- will give them the best shot of beating onstration project which provides for pay- self, Mr. MACK, Mr. FRIST, Mr. the disease. These life and death deci- ment under the medicare program under MOYNIHAN, Mr. KENNEDY, Mr. sions should not be guided by what title XVIII of the Social Security Act (42 ABRAHAM, Mr. KERREY, Mr. may or may not be paid for by the U.S.C. 1395 et seq.) of routine patient care CRAIG, Mr. WELLSTONE, Mr. costs— Medicare Program. (1) which are provided to an individual di- COCHRAN, Ms. MIKULSKI, Mr. Currently, Medicare’s payment poli- agnosed with cancer and enrolled in the CAMPBELL, Mr. LEAHY, Mr. JEF- cies are unclear and, as a result, unpre- medicare program under such title as part of FORDS, Mrs. HUTCHISON, Mr. dictable. There is anecdotal evidence the individual’s participation in an approved HOLLINGS, Mr. FAIRCLOTH, and that Medicare, in fact, usually pays for clinical trial program; and Mr. BINGAMAN. the routine patient care costs associ- (2) which are not otherwise eligible for S. 381. A bill to establish a dem- ated with clinical research trials. But payment under such title for individuals who onstration project to study and provide when denials do happen, they tend to are entitled to benefits under such title. (b) APPLICATION.—The beneficiary cost coverage of routine patient care costs be arbitrary and random. This unpre- for Medicare beneficiaries with cancer sharing provisions under the medicare pro- dictability discourages Medicare pa- gram, such as deductibles, coinsurance, and who are enrolled in an approved clin- tients from enrolling in a clinical trial, copayment amounts, shall apply to any indi- ical trail program; to the Committee even when it may medically be their vidual participating in a demonstration on Finance. best treatment option. project conducted under this Act. THE MEDICARE CANCER CLINICAL TRIAL Three winners of the Nobel Prize in (c) APPROVED CLINICAL TRIAL PROGRAM.— COVERAGE ACT OF 1997 Medicine and Physiology have written For purposes of this Act, the term ‘‘approved clinical trial program’’ means a clinical trial Mr. ROCKEFELLER. Mr. President, I me and Senator MACK in support of our am very pleased to be reintroducing a program which is approved by— legislation. They wrote, ‘‘clinical trials (1) the National Institutes of Health; modest but important bill that would represent the standard of care and are (2) a National Institutes of Health coopera- establish a demonstration project to often the best hope for a successful tive group or a National Institutes of Health assure Medicare beneficiaries with can- treatment outcome. Only by sup- center; cer that Medicare will cover their rou- porting clinical research will we be (3) the Food and Drug Administration (in tine patient costs when part of a clin- able to advance the state of medical the form of an investigational new drug or ical research trial. I am especially knowledge and learn more quickly device exemption); (4) the Department of Veterans Affairs; proud to have Senator MACK joining me which medical interventions are effec- (5) the Department of Defense; or again as my key cosponsor. It is a tive and which are not.’’ (6) a qualified nongovernmental research privilege to work with Senator MACK, Mr. President, our legislation is very entity identified in the guidelines issued by who knows the anguish of fighting can- targeted to give older Americans their the National Institutes of Health for center cer only too well. And, we are espe- best shot at fighting cancer. This bill support grants. cially glad to be joined by so many of does not create a new benefit. It mere- (d) ROUTINE PATIENT CARE COSTS.— our colleagues, including Senators ly ensures that patients enrolled in (1) IN GENERAL.—for purposes of this Act, ‘‘routine patient care costs’’ shall include FRIST, MOYNIHAN, KENNEDY, ABRAHAM, clinical studies receive Medicare cov- the costs associated with the provision of KERREY, CRAIG, WELLSTONE, COCHRAN, erage for the same type of routine pa- items and services that— MIKULSKI, CAMPBELL, LEAHY, JEF- tient care costs, such as hospital and (A) would otherwise be covered under the FORDS, HUTCHISON, HOLLINGS, and FAIR- physician fees, that would be covered medicare program if such items and services CLOTH. outside of a trial setting. We are not were not provided in connection with an ap- Mr. President, cancer is the second asking Medicare to pay for the cost of proved clinical trial program; and leading cause of death in the United research. These expenses will still be (B) are furnished according to the design of an approved clinical trial program. States. Medicare beneficiaries account covered by trial sponsors, including (2) EXCLUSION.—For purposes of this Act, for more than half of all cancer diag- pharmaceutical companies. ‘‘routine patient care costs’’ shall not in- noses, and 60 percent of all cancer In establishing a demonstration clude the costs associated with the provision deaths. Over 12,000 new cases of cancer project, this bill will also provide valu- of— will be diagnosed this year in my own able information about the costs and (A) an investigational drug or device, un- State of West Virginia. benefits of providing coverage for clin- less the Secretary has authorized the manu- Access to clinical trials is especially ical trials for other life threatening facturer of such drug or device to charge for important in the field of cancer. With diseases. We started with cancer first such drug or device; or (B) any item or service supplied without today’s rapid discoveries of new cancer because cancer is a major affliction of charge by the sponsor of the approved clin- therapies and the lack of effective Medicare beneficiaries. In addition, ical trial program. treatments for some cancers, peer-re- there is a well-established national SEC. 3. STUDY, REPORT, AND TERMINATION. viewed clinical trials often provide cancer clinical trial system to deliver (a) STUDY.—The Secretary shall study the cancer patients the best available care. this patient care. impact on the medicare program under title

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1762 CONGRESSIONAL RECORD — SENATE February 27, 1997 XVIII of the Social Security Act of covering care if they are participating in clin- Health and Human Services must sub- routine patient care costs for individuals ical trials. Beneficiaries are denied ac- mit a report to Congress detailing any with a diagnosis of cancer and other diag- cess to clinical trials of promising new cost increases to the Medicare program noses, who are entitled to benefits under therapies because Medicare deems and provide projects for future expendi- such title and who are enrolled in an ap- tures, if the program continues. Con- proved clinical trial program. these therapies experimental, and (b) REPORT TO CONGRESS.—Not later than therefore not qualified for coverage. gress can then decide, based upon these January 1, 2002, the Secretary shall submit a This means cancer patients who are data and any hearings which may take report to Congress that contains a statement Medicare beneficiaries essentially have place, whether to enact legislation to regarding— two choices when they have exhausted make coverage of cancer clinical trials (1) any incremental cost to the medicare all traditional cancer therapies—either permanent. program under title XVIII of the Social Se- pay the costs of participating in a clin- Therefore, I am convinced this legis- curity Act resulting from the provisions of ical trial themselves, or go without ad- lation meets my two criteria for ex- this Act; and panding Medicare. First, there is an in- (2) a projection of expenditures under the ditional treatment. For all but the most wealthy beneficiaries, it is too disputable urgent need for this benefit medicare program if coverage of routine pa- and, second, I believe it will not add tient care costs in an approved clinical trial cost-prohibitive to take part in a clin- program were extended to individuals enti- ical trial. significantly to the costs of the Medi- tled to benefits under the medicare program Clinical trials are one of the most ef- care system. In fact, the information who have a diagnosis other than cancer. fective ways the Federal Government we learn from these clinical trials may (c) TERMINATION.—The provisions of this has of determining which treatments provide us with more cost-effective Act shall not apply after December 31, 2002. are most effective. Yet, researchers means of treating cancer patients. have told me they have difficulty ac- As I have mentioned to my col- MEDICARE CANCER CLINICAL TRIAL COVERAGE leagues before, many members of my ACT OF 1997 cruing the required number of patients to participate in the trials they are family have battled cancer. As a fam- CURRENT LAW ily, we have worked extensively with conducting. Researchers have identi- Medicare’s policy regarding coverage of numerous cancer organizations. As a fied noncoverage by Medicare and pri- clinical trials is unclear. Medicare carriers Senator, I have met with thousands of vate insurers as one of the primary rea- occasionally deny coverage of physician cancer patients throughout Florida and sons why patients do not participate in services or hospital charges on the grounds the rest of the United States. They clinical trials. At a time when Amer- that they have been provided in the context have told me how important it is that of a clinical trial. Patients or physicians ican researchers are making such tre- patients themselves, not the Govern- may be at risk for the cost of items or serv- mendous progress in cancer genetics ment, be responsible for making treat- ices that are normally covered by Medicare and cancer biology, it is essential that ment decisions with their physicians. if they choose to enroll in a clinical trial, this knowledge be translated into new Patients desperately want to partici- even though such trials are regarded as the therapies through well-designed clin- standard of care for treatment of cancer. pate in clinical trials when traditional ical trials. This legislation will help therapies are no longer beneficial. The PROPOSED CHANGE enhance our research efforts by facili- legislation which Senator ROCKE- The Secretary of HHS would be required to tating broad patient participation in FELLER and I introduce today, which conduct a demonstration project, beginning important cancer clinical trials. no later than January 1, 1998, which would has the enthusiastic support of cancer Our legislation is limited to only the study the feasibility of covering patient patient, physician, nurse, and research highest-quality clinical trials. Only costs for beneficiaries diagnosed with cancer organizations, will empower cancer pa- those trials which have undergone the and enrolled in certain approved clinical tients with more treatment choices in trials. Eligibility for coverage would be de- rigors of peer-review will be consid- a cost-effective manner. pendent on approval of the trial design by ered. These include trials approved by I want to commend Senator JOHN one of several high quality peer-review orga- the National Institutes of Health nizations, including the National Institutes ROCKEFELLER for his leadership in [NIH], the Food and Drug Administra- bringing this issue to the forefront. of Health, the Food and Drug Administra- tion, the Department of Veterans Af- tion, the Department of Defense, and the De- Senator ROCKEFELLER has always been partment of Veterans Affairs. No later than fairs, the Department of Defense, or or- there for cancer patients, as evidenced January 1, 2002, the Secretary would be re- ganizations which are approved by the by his landmark 1993 legislation which quired to report to Congress concerning any NIH, such as the American Cancer So- provided Medicare coverage of incremental costs of such coverage and the ciety. anticancer drugs. We’ve worked to- advisability of covering other diagnoses Like most of my colleagues, I am gether on cancer issues on several oc- under the same circumstances. The dem- very reluctant to introduce legislation casions over the years, and it’s always onstration project would sunset on December to expand Medicare at a time when the 31, 2002. a pleasure to work with him. report of the Board of Trustees of So- Mr. President, our legislation would Supported by: National Coalition for Can- cial Security and Medicare clearly cer Survivorship; Candlelighters Childhood provide cancer patients who are Medi- Cancer Foundation; Cancer Care, Inc.; Na- shows that Medicare is going broke. care participants with an additional tional Alliance of Breast Cancer Organiza- My support of such legislation is condi- choice at a time when a clinical trial tions (NABCO); US TOO International; Y-ME tional upon the added benefit providing may be their best, or only, hope for National Breast Cancer Organization; Amer- a clear and needed service at no signifi- survival. I therefore urge my col- ican Cancer Society; American Society of cant cost to taxpayers. leagues to cosponsor the Medicare Can- Clinical Oncology; American Society of Pedi- The legislation we introduce today cer Clinical Trial Program Coverage atric Hematology/Oncology; Association of does not add to Medicare’s basic ben- Act of 1997. American Cancer Institutes; Association of efit package, but merely provides cov- f Community Cancer Centers; Cancer Research erage for routine patient costs which Foundation of America; North American ADDITIONAL COSPONSORS Brain Tumor Coalition; Leukemia Society of Medicare is already obligated to reim- America; National Breast Cancer Coalition; burse when provided outside a clinical S. 61 National Childhood Cancer Foundation; Na- trial. Medicare will not be responsible At the request of Mr. LOTT, the tional Coalition for Cancer Research; Oncol- for paying for research or new pharma- names of the Senator from Utah [Mr. ogy Nursing Society; Prostate Cancer Sup- ceutical products. In addition, Medi- HATCH], the Senator from Kentucky port-group Network; and Society of Surgical care beneficiaries will still be respon- [Mr. FORD], the Senator from Illinois Oncology. sible for meeting deductibles and co- [Ms. MOSELEY-BRAUN], and the Senator Mr. MACK. Mr. President, I am payment requirements traditionally from Virginia [Mr. ROBB] were added as pleased to join Senator ROCKEFELLER required by Medicare. Because these cosponsors of S. 61, a bill to amend today as we introduce legislation to beneficiaries are cancer patients, they title 46, United States Code, to extend provide Medicare patients fighting can- are already receiving, or will receive in eligibility for veterans’ burial benefits, cer with coverage of benefits when they the future, many of the medical serv- funeral benefits, and related benefits participate in approved clinical trials. ices covered by this legislation. for veterans of certain service in the Under current law, Medicare will not Finally, this is a true demonstration U.S. merchant marine during World generally pay for the costs of patient program. In 2002, the Secretary of War II.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1763 S. 66 bama Street NW, in Altanta, GA, as The PRESIDING OFFICER. Without At the request of Mr. HATCH, the the ‘‘Sam Nunn Federal Center.’’ objection, it is so ordered. name of the Senator from Ohio [Mr. S. 348 COMMITTEE ON FINANCE DEWINE] was added as a cosponsor of S. At the request of Mr. MCCONNELL, Mr. BROWNBACK. Mr. President, the 66, a bill to amend the Internal Rev- the name of the Senator from North Finance Committee requests unani- enue Code of 1986 to encourage capital Carolina [Mr. HELMS] was added as a mous consent to conduct a hearing on formation through reductions in taxes cosponsor of S. 348, a bill to amend Thursday, February 27, 1997, beginning on capital gains, and for other pur- title I of the Omnibus Crime Control at 11 a.m. in room 215 Dirksen. poses. and Safe Streets Act of 1968 to encour- The PRESIDING OFFICER. Without S. 202 age States to enact a Law Enforcement objection, it is so ordered. At the request of Mr. LOTT, the Officers’ Bill of Rights, to provide COMMITTEE ON INDIAN AFFAIRS names of the Senator from Alabama standards and protection for the con- Mr. BROWNBACK. Mr. President, I [Mr. SESSIONS], the Senator from Texas duct of internal police investigations, ask unanimous consent that the Sen- [Mrs. HUTCHISON], and the Senator and for other purposes. ate Committee on Indian Affairs be authorized to meet during the session of from New York [Mr. D’AMATO] were f added as cosponsors of S. 202, a bill to the Senate on Thursday, February 27, amend title II of the Social Security NOTICE OF HEARING 1997 at 9:30 a.m. to approve the com- Act to eliminate the earnings test for mittee’s letter to the Committee on COMMITTEE ON ENERGY AND NATURAL RE- the Budget concerning the committee’s individuals who have attained retire- SOURCES, SUBCOMMITTEE ON NATIONAL budget views and estimates for fiscal ment age. PARKS, HISTORIC PRESERVATION, AND RECRE- year 1998 for Indian programs. The S. 211 ATION Mr. THOMAS: Mr. President, I would meeting will be held in room 485 of the At the request of Mrs. MURRAY, her Russell Senate Office Building. name was added as a cosponsor of S. like to announce for the public that an oversight hearing has been scheduled The PRESIDING OFFICER. Without 211, a bill to amend title 38, United objection, it is so ordered. States Code, to extend the period of before the Subcommittee on Parks, Historic Preservation, and Recreation. COMMITTEE ON LABOR AND HUMAN RESOURCES time for the manifestation of chronic Mr. BROWNBACK. Mr. President, I disabilities due to undiagnosed symp- The hearing, which will take place over 2 days, will be held on Thursday, ask unanimous consent that the Com- toms in veterans who served in the mittee on Labor and Human Resources Persian Gulf war in order for those dis- March 13, 1997 and Thursday, March 20, 1997.Each session will begin at 2 p.m. in be authorized to meet for a hearing on abilities to be compensable by the Sec- Reauthorization of Higher Education retary of Veterans Affairs. room SD–366 of the Dirksen Senate Of- fice Building in Washington, DC. Act during the session of the Senate on S. 224 The purpose of this oversight hearing Thursday, February 27, 1997, at 10 a.m. At the request of Mr. WARNER, the The PRESIDING OFFICER. Without is to address the future of the National name of the Senator from Texas [Mrs. objection, it is so ordered. Park System and to identify and dis- HUTCHISON] was added as a cosponsor of COMMITTEE ON SMALL BUSINESS cuss needs, requirements, and innova- S. 224, a bill to amend title 10, United Mr. BROWNBACK. Mr. President, I tive programs that will insure Park States Code, to permit covered bene- ask unanimous consent that the Com- Service will continue to meet its many ficiaries under the military health care mittee on Small Business be authorized responsibilities well into the next cen- system who are also entitled to medi- to meet during the session of the Sen- tury. care to enroll in the Federal Employ- ate for a hearing on S. 208, the Because of the limited time available ees Health Benefits program, and for HUBZone Act of 1997 on Thursday, Feb- for the hearing, witnesses may testify other purposes. ruary 27, 1997, which will begin at 9:30 by invitation only. However, those a.m. in room 428A of the Russell Senate S. 260 wishing to submit written testimony Office Building. At the request of Mr. ABRAHAM, the for the hearing record should send two name of the Senator from Nebraska The PRESIDING OFFICER. Without copies of their testimony to the Sub- objection, it is so ordered. [Mr. HAGEL] was added as a cosponsor committee on Parks, Historic Preser- SUBCOMMITTEE ON HEALTH CARE of S. 260, a bill to amend the Controlled vation and Recreation, Committee on Mr. BROWNBACK. Mr. President, the Substances Act with respect to pen- Energy and Natural Resources, U.S. Finance Committee Subcommittee on alties for crimes involving cocaine, and Senate, 304 Dirksen Senate Office Health Care requests unanimous con- for other purposes. Building, Washington, DC. 20510–6150. sent to conduct a hearing on Thursday, S. 263 For further information, please con- February 27, 1997, beginning at 2 p.m. At the request of Mr. MCCONNELL, tact Jim O’Toole of the subcommittee in room SD–215. the name of the Senator from Illinois staff at (202) 224–5161. The PRESIDING OFFICER. Without [Ms. MOSELEY-BRAUN] was added as a f objection, it is so ordered. cosponsor of S. 263, a bill to prohibit SUBCOMMITTEE ON INTERNATIONAL RELATIONS the import, export, sale, purchase, pos- AUTHORITY FOR COMMITTEES TO Mr. BROWNBACK. Mr. President, I session, transportation, acquisition, MEET ask unanimous consent that the Sub- and receipt of bear viscera or products COMMITTEE ON ARMED SERVICES committee on International Relations that contain or claim to contain bear Mr. BROWNBACK. Mr. President, I of the Committee on Foreign Relations viscera, and for other purposes. ask unanimous consent that the Com- be authorized to meet during the ses- S. 306 mittee on Armed Services be author- sion of the Senate on Thursday, Feb- At the request of Mr. FORD, the name ized to meet on Thursday, February 27, ruary 27, 1997, at 11 a.m. to hold a hear- of the Senator from Florida [Mr. GRA- 1997, at 9:30 a.m. in open session, to re- ing. HAM] was added as a cosponsor of S. 306, ceive testimony concerning the De- The PRESIDING OFFICER. Without a bill to amend the Internal Revenue partment of Defense actions pertaining objection, it is so ordered. Code of 1986 to provide a decrease in to the Persian Gulf illness. SUBCOMMITTEE ON STRATEGIC FORCES the maximum rate of tax on capital The PRESIDING OFFICER. Without Mr. BROWNBACK. Mr. President, I gains which is based on the length of objection, it is so ordered. ask unanimous consent that the Sub- time the taxpayer held the capital COMMITTEE ON COMMERCE, SCIENCE, AND committee on Strategic Forces of the asset. TRANSPORTATION Committee on Armed Services be au- S. 347 Mr. BROWNBACK. Mr. President, I thorized to meet at 2 p.m. on Thursday, At the request of Mr. CLELAND, the ask unanimous consent that the Sen- February 27, 1997 to receive testimony name of the Senator from Maryland ate Committee on Commerce, Science, on ballistic missile defense programs in [Ms. MIKULSKI] was added as a cospon- and Transportation be authorized to review of the Defense authorization re- sor of S. 347, a bill to designate the meet on February 27, 1997, at 10 a.m. on quest for fiscal year 1998 and the future Federal building located at 100 Ala- TV Violence. years defense program.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1764 CONGRESSIONAL RECORD — SENATE February 27, 1997 The PRESIDING OFFICER. Without ment throughout the school district we commemorate the 250th anniversary objection, it is so ordered. and it is readily apparent why, at of his birth, and acknowledge his exem- f present, he is so sorely missed. In addi- plary service to our country. tion to his duties teaching math, Mr. Casimir Pulaski was born in Warka, ADDITIONAL STATEMENTS Koehler is a coach with Lahser’s cham- Poland on March 4, 1747. Before coming pionship winning boy’s and girl’s swim to America in 1777, he distinguished teams. He serves in the multiple roles himself in Poland’s battle for independ- MACON RIDGE ENTERPRISE of commissioner, coach, and player in ence from Russia. Forced to flee his na- COMMUNITY the school’s intramural basketball pro- tive country because of his activities ∑ Mr. BREAUX. Mr. President, on Feb- gram. He runs the school chess club. on behalf of Polish freedom, he became ruary 27, 1997, the Macon Ridge enter- And, as a major in the U.S. Army Re- an exile. prise community, consisting of por- serves, Mr. Koehler’s civic commit- When Pulaski first arrived in Amer- tions of Catahoula, Concordia, Frank- ments are hardly limited to just ica to aid the colonists in the Amer- lin, Morehouse, and Tensas Parishes in Lahser High School. ican Revolution, he led a valiant coun- Louisiana, is to be awarded the Com- Exceptional teachers are assets to terattack at the Battle of Brandywine munity Empowerment Award by the any community, as are dedicated pub- which saved the retreating American American Association of Enterprise lic servants. When someone exemplifies army from being cut off by the British. Zones. the finest qualities of both, their pres- At the insistence of Gen. George I am very proud to have Louisiana’s ence is all the more valued. Indeed, Washington, the Continental Congress own Macon Ridge recognized as the Terry Koehler is such an individual. I appointed Pulaski brigadier general best enterprise community in the Na- join his countless friends, colleagues, and the first commander of the Amer- tion. The Macon Ridge Enterprise Com- and students in wishing Terry, his wife ican cavalry. His services in the field munity is an example to the Nation of Diane and the rest of his family justly won him the title of ‘‘Father of the success that can be derived from strength and courage during this dif- the American Cavalry.’’ On October 9, 1779, at the Battle of community-based economic develop- ficult time; and I look forward to the Savannah, GA, Pulaski led a daring, ment. news of his return to good health, to but fatal, charge against the heavily The U.S. Department of Agriculture the profession he so honorably serves fortified British forces occupying the designated the Macon Ridge enterprise and to the students whose lives he touches every day.∑ city. community as 1 of the 30 rural enter- Today, the people of Illinois proudly prise communities across the United f remember General Pulaski’s coura- States, from some 227 applicants, on NEW ENGLAND COMMUNITY geous sacrifice fighting for our Na- December 21, 1994. The enterprise com- LEADERSHIP INSTITUTE tion’s independence, and his defense of munity is administered by the Macon ∑ the freedoms that we cherish in Amer- Ridge Development Region, Inc., which Mr. KERRY. Mr. President, I would like to recognize and commend the ef- ica. is a multifaceted economic develop- The anniversary of Casimir Pulaski’s forts of over 250 community residents ment organization serving 11 parishes birth will be celebrated on March 2, from all over New England who are in northeast Louisiana. 1997, at a special dinner ceremony in meeting next weekend in Boston at the The Macon Ridge enterprise commu- Chicago. I want to take this oppor- First New England Community Leader- nity has, in the first 12 months of oper- tunity to congratulate the Chicago So- ship Institute. The 3-day conference of ation, created or retained 523 jobs, ciety of the Polish National Alliance 34 classes, 16 roundtable discussions, started 3 business incubators, had over for hosting this commemorative din- and 4 networking group sessions is de- 523 residents in job training or literacy ner, and commend its efforts to help resigned to educate, rejuvenate, em- programs, and leveraged some $3.316 store the Pulaski Monument in Savan- power, and excite the core constituents million in additional funding. nah, GA. of the NeighborWorks Network of over The executive director of the Macon The Pulaski Monument, whose cor- 50 New England low- and-moderate-in- Ridge enterprise community, Mr. nerstone was laid by the Marquis La- come communities. These new and Buddy Spillers, as well as the Macon fayette in 1825, is currently in a state emerging leaders are concerned about Ridge Enterprise Community Advisory of disrepair. With the hard work and events taking place in their commu- Council and the Macon Ridge Board of dedication of the Chicago Society and nities, willing to take on these chal- Directors, are to be commended for donations from the people of Savannah, lenges, and eager to become part of the this 55-foot-tall historic monument their tireless efforts to create the op- solution. At this event, they will be portunities and partnerships in Macon will soon stand with renewed glory as a able to share experiences and solutions, symbol of patriotism for all future gen- Ridge which have brought about this motivate and encourage each other, progress. erations of Americans. and lead their neighborhoods into the Mr. President, it is my great pleasure In closing, Mr. President, I take this 21st century. occasion to offer my sincere congratu- to pay tribute to Brig. Gen. Casimir I would like to commend the tremen- Pulaski on behalf of my home State of lations to the Macon Ridge enterprise dous leadership potential of the par- Illinois. I invite my colleagues in the community, not only for meriting this ticipants and their remarkable com- Senate to join me in commemorating award, but for the vast economic devel- mitment to improving their neighbor- this heroic patriot and in honoring the opment opportunities which it has cre- hoods. Without their support and hard many accomplishments Polish-Ameri- ated in Louisiana and for the out- work, the programs, initiatives, and cans have made throughout history.∑ standing model which it provides to collaborations being formed at the f the State and the Nation.∑ State and Federal level cannot suc- f ceed. In the neighborhoods in which TRIBUTE TO ROBERT SANFORD, OWNER OF THE MASON VALLEY TRIBUTE TO TERRY KOEHLER these citizens work, we can already begin to see change taking place in the NEWS ∑ Mr. ABRAHAM. Mr. President, I rise rising home ownership rates, decreas- ∑ Mr. BRYAN. Mr. President, I rise today to extend my best wishes for a ing crime rates, and growing commu- today to pay tribute to newspaper pub- full and rapid recovery by Mr. Terry nity pride. These residents represent lisher Robert Sanford, who is cele- Koehler, a teacher at Lahser High the best hope of the future in our brating his 40th anniversary as owner School in Bloomfield Hills, MI. In- neighborhoods and Massachusetts is of the Mason Valley News. Mr. volved in a very serious skiing accident proud to welcome them.∑ Sanford’s tireless stewardship has in mid-February, Mr. Koehler is cur- f helped make the Mason Valley News rently convalescing in Reno, NV. one of the finest newspapers of its kind In the meanwhile, the entire Bloom- TRIBUTE TO BRIG. GEN. CASIMIR and a model for journalistic integrity. field Hills community eagerly looks PULASKI The Mason Valley News is a weekly forward to Mr. Koehler’s return. A ∑ Mr. DURBIN. Mr. President, I rise newspaper that serves northern Ne- quick glance at his extensive involve- today in honor of Casimir Pulaski, as vada. Since Mr. Sanford became owner

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1765 of the newspaper in 1957, the paper has synagogue in Brooklyn, NY, which is fense or the confidential conduct of the for- quadrupled its circulation and tripled celebrating its 75th anniversary on eign relations of the United States; its size—all while remaining true to its March 2, 1997. (B) will relate solely to matters of Com- roots. Young Israel of Flatbush has been in- mittee staff personnel or internal staff management or procedure; Mr. Sanford’s newspaper career start- tensely involved, and provided extraor- (C) will tend to charge an individual with ed as a printer’s devil when he was just dinary leadership, on the local, na- crime or misconduct, to disgrace or injure 14 years old. After World War II, where tional, and international scenes. It has the professional standing of an individual, or he proudly served his country for 3 anchored the enormous development of otherwise to expose an individual to public years in the Army, Mr. Sanford re- the Flatbush community in which it is contempt or obloquy, or will represent a turned home to northern Nevada and located, which is well noted for its clearly unwarranted invasion of the privacy gained experience working in virtually commitment to communal service. The of an individual; (D) will disclose the identity of any in- every aspect of the newspaper business. Young Israel has long stood for the former or law enforcement agent or will dis- He came to own the Mason Valley classic Jewish religious values which close any information relating to the inves- News at the age of 35. Mr. Sanford’s are among the shared principles of tigation or prosecution of a criminal offense two sons, David and James, also work American democracy. In particular, that is required to be kept secret in the infor the paper. the Young Israel has emphasized terest of effective law enforcement; It is with great pride and pleasure through the years aid and assistance to (E) will disclose information relating to that I congratulate Robert Sanford and the needy, both at home and abroad. the trade secrets of, or financial or commer- the Mason Valley News on 40 years of During most of its 75-year history, cial information pertaining specifically to, a given person if— dependability and accomplishment and Young Israel has been served by two (1) an Act of Congress requires the infor- I wish them the best of luck for an- outstanding spiritual leaders, Rabbi mation to be kept confidential by Govern- other successful 40 years.∑ Solomon J. Sharfman who retired in ment officers and employees; or f 1984 after 45 years of service, and Rabbi (2) the information has been obtained by Kenneth Auman, who currently occu- the Government on a confidential basis, MILWAUKEE’S MORSE MIDDLE pies the pulpit. Through their distin- other than through an application by such SCHOOL ENGINEERING TEAM guished leadership, in collaboration person for a specific Government financial or WINS NATIONAL ENGINEER’S other benefit, and is required to be kept se- with a succession of lay partners, the WEEK REGIONAL FUTURE CITIES cret in order to prevent undue injury to the Young Israel of Flatbush has been a COMPETITION competitive position of such person; or source of strength in all aspects of (F) may divulge matters required to be ∑ Mr. FEINGOLD. Mr. President, today civic and Jewish life, and at age 75, re- kept confidential under other provisions of I would like to recognize the achieve- tains the vigor and optimism of a law or Government regulations. ment of three young women from the young congregation. 3. Each witness who is to appear before the Milwaukee Morse Middle School. To- I am certain the Members of the Sen- Committee or any subcommittee shall file gether, Kayla Tepps, Alex Yale, and with the Committee, at least 24 hours in ad- ate join me in saluting the rabbis, vance of the hearing, a written statement of Carrie Schaffner, formed the winning members, and officers of the Young team in the Regional Future Cities his testimony in as many copies as the Israel of Flatbush on this auspicious Chairman of the Committee or Sub- Competition sponsored by National En- occasion and wish them continued suc- committee prescribes. gineer’s Week. They created a city plan cess in every endeavor, sacred and tem- 4. Field hearings of the full Committee, using sophisticated computer simula- poral.∑ and any subcommittee thereof, shall be tion software that allowed them to scheduled only when authorized by the f analyze and measure effects of their Chairman and ranking minority member of designs on a living, changing city. The RULES OF THE COMMITTEE ON the full Committee. students then created a 3-dimensional COMMERCE II. QUORUMS 1. Eleven members shall constitute a model of their city to present in the ∑ Mr. MCCAIN. Mr. President, in ac- competition along with their data. I cordance with Senate Rule XXVI, I quorum for official action of the Committee when reporting a bill, resolution, or nomina- commend the team’s members on the hereby submit a copy of the Rules of quality and character of their hard tion. Proxies shall not be counted in making the Committee on Commerce, Science, a quorum. work. and Transportation for publication in 2. Seven members shall constitute a I am impressed with the active role the CONGRESSIONAL RECORD. quorum for the transaction of all business as these students have taken in their edu- The rules follow: may be considered by the Committee, except for the reporting of a bill, resolution, or cation. This sort of initiative leads to [January 17, 1997] citizens who take an active role in nomination. Proxies shall not be counted in RULES OF THE COMMITTEE ON COMMERCE, their communities. Whether that role making a quorum. SCIENCE, AND TRANSPORTATION be in the political, social, or economic 3. For the purpose of taking sworn testi- I. MEETINGS OF THE COMMITTEE mony a quorum of the Committee and each arena, these young women are an ex- subcommittee thereof, now or hereafter ap- ample of the potential that our coun- 1. The regular meeting dates of the Com- mittee shall be the first and third Tuesdays pointed, shall consist of one Senator. try’s youth hold to come up with new of each month. Additional meetings may be III. PROXIES ways, better ways, to solve our prob- called by the Chairman as he may deem nec- When a record vote is taken in the Com- lems. These three Wisconsinites are a essary or pursuant to the provisions of para- mittee on any bill, resolution, amendment, example to their peers that women can graph 3 of rule XXVI of the Standing Rules or any other question, a majority of the and do succeed in pursuing subjects of the Senate. members being present, a member who is un- and careers currently dominated by 2. Meetings of the Committee, or any sub- able to attend the meeting may submit his men. For this I also commend their committee, including meetings to conduct vote by proxy, in writing or by telephone, or teacher, Dave Mongin, for taking an hearings, shall be open to the public, except through personal instructions. that a meeting or series of meetings by the IV. BROADCASTING OF HEARINGS active role in his student’s careers, and Committee, or any subcommittee, on the their engineer-mentor, Eyad Mizian, same subject for a period of no more than 14 Public hearings of the full Committee, or for taking an active role in his commu- calendar days may be closed to the public on any subcommittee thereof, shall be televised nity. They truly represent the kind of a motion made and seconded to go into or broadcast only when authorized by the leadership we need more of in today’s closed session to discuss only whether the Chairman and the ranking minority member of the full Committee. schools. I offer these students my sin- matters enumerated in subparagraphs (A) cere congratulations, I am proud that through (F) would require the meeting to be V. SUBCOMMITTEES they represent the State of Wisconsin.∑ closed, followed immediately by a record 1. Any member of the Committee may sit vote in open session by a majority of the with any subcommittee during its hearings f members of the Committee, or any sub- or any other meeting but shall not have the YOUNG ISRAEL OF FLATBUSH committee, when it is determined that the authority to vote on any matter before the matter to be discussed or the testimony to subcommittee unless he is a Member of such ∑ Mr. MOYNIHAN. Mr. President, I rise be taken at such meeting or meetings— subcommittee. to pay tribute to the Young Israel of (A) will disclose matters necessary to be 2. Subcommittees shall be considered de Flatbush, a major modern Orthodox kept secret in the interests of national de- novo whenever there is a change in the

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1766 CONGRESSIONAL RECORD — SENATE February 27, 1997 chairmanship, and seniority on the par- by a majority vote of the members present 5.6. No nomination shall be reported to the ticular subcommittee shall not necessarily and voting. A quorum for the transaction of Senate unless the nominee has filed a back- apply. Committee business, including the conduct ground and financial disclosure statement VI. CONSIDERATION OF BILLS AND RESOLUTIONS of executive sessions, shall consist of no less with the committee. It shall not be in order during a meeting of than one third of the Committee Members, RULE 6. INVESTIGATIONS the Committee to move to proceed to the except that for the purpose of hearing wit- No investigation shall be initiated by the consideration of any bill or resolution unless nesses, taking sworn testimony, and receiv- Committee unless at least five members of the bill or resolution has been filed with the ing evidence under oath, a quorum may con- the Committee have specifically requested Clerk of the Committee not less than 48 sist of one Senator. the Chairman or the Vice Chairman to au- hours in advance of the Committee meeting, 2.5. A vote by any member of the Com- thorize such an investigation. Authorized in- in as many copies as the Chairman of the mittee with respect to any measure or mat- vestigations may be conducted by members Committee prescribes. This rule may be ter being considered by the Committee may of the Committee and/or designated Com- waived with the concurrence of the Chair- be cast by proxy if the proxy authorization mittee staff members. man and the Ranking Member.∑ (1) is in writing; (2) designates the member of RULE 7. SUBPOENAS the Committee who is to exercise the proxy; f Subpoenas authorized by the Committee and (3) is limited to a specific measure or for the attendance of witnesses or the pro- RULES OF THE SELECT matter and any amendments pertaining duction of memoranda, documents, records COMMITTEE ON INTELLIGENCE thereto. Proxies shall not be considered for or any other material may be issued by the the establishment of a quorum. ∑ Mr. SHELBY. Mr. President, para- Chairman, the Vice Chairman, or any mem- 2.6. Whenever the Committee by roll call ber of the Committee designated by the graph 2 of Senate Rule XXVI requires vote reports any measure or matter, the re- Chairman, and may be served by any person that not later than March 1 of the first port of the Committee upon such measure or designated by the Chairman, Vice Chairman, year of each Congress, the rules of each matter shall include a tabulation of the or member issuing the subpoenas. Each subcommittee be published in the RECORD. votes cast in favor of and the votes cast in poena shall have attached thereto a copy of In compliance with this provision, I opposition to such measure or matter by S. Res. 400, 94th Congress, 2d Session and a ask that the Rules of the Select Com- each member of the Committee. copy of these rules. mittee on Intelligence be printed in the RULE 3. SUBCOMMITTEES RULE 8. PROCEDURES RELATED TO THE TAKING RECORD. Creation of subcommittees shall be by ma- OF TESTIMONY The rules follow: jority vote of the Committee. Subcommit- 8.1. NOTICE.—Witnesses required to appear tees shall deal with such legislation and before the Committee shall be given reason- SELECT COMMITTEE ON INTELLIGENCE—RULES oversight of programs and policies as the able notice and all witnesses shall be fur- OF PROCEDURE Committee may direct. The subcommittees nished a copy of these Rules. RULE 1. CONVENING OF MEETINGS shall be governed by the Rules of the Com- 8.2. OATH OR AFFIRMATION.—Testimony of 1.1. The regular meeting day of the Select mittee and by such other rules they may witnesses shall be given under oath or affir- Committee on Intelligence for the trans- adopt which are consistent with the Rules of mation which may be administered by any action of Committee business shall be every the Committee. member of the Committee. NTERROGATION other Wednesday of each month, unless oth- RULE 4. REPORTING OF MEASURES OR 8.3. I .—Committee interroga- tion shall be conducted by members of the erwise directed by the Chairman. RECOMMENDATIONS 1.2. The Chairman shall have authority, Committee and such Committee staff as are upon proper notice, to call such additional 4.1. No measures or recommendation shall authorized by the Chairman, Vice Chairman, meetings of the Committee as he may deem be reported, favorably or unfavorably, from or the presiding member. necessary and may delegate such authority the Committee unless a majority of the 8.4. COUNSEL FOR THE WITNESS.—(a) Any to any other member of the Committee. Committee is actually present and a major- witness may be accompanied by counsel. A 1.3. A special meeting of the Committee ity concur. witness who is unable to obtain counsel may may be called at any time upon the written 4.2. In any case in which the Committee is inform the Committee of such fact. If the request of five or more members of the Com- unable to reach a unanimous decision, sepa- witness informs the Committee of this fact mittee filed with the Clerk of the Com- rate views or reports may be presented by at least 24 hours prior to his or her appear- mittee. any member or members of the Committee. ance before the Committee, the Committee 1.4. In the case of any meeting of the Com- 4.3. A member of the Committee who gives shall then endeavor to obtain voluntary mittee, other than a regularly scheduled notice of his intention to file supplemental, counsel for the witness. Failure to obtain meeting, the Clerk of the Committee shall minority, or additional views at the time of such counsel will not excuse the witness notify every member of the Committee of final Committee approval of a measure or from appearing and testifying. the time and place of the meeting and shall matter, shall be entitled to not less than (b) Counsel shall conduct themselves in an give reasonable notice which, except in ex- three working days in which to file such ethical and professional manner. Failure to traordinary circumstances, shall be at least views, in writing with the Clerk of the Com- do so shall, upon a finding to that effect by 24 hours in advance of any meeting held in mittee. Such views shall then be included in a majority of the members present, subject Washington, D.C. and at least 48 hours in the the Committee report and printed in the such counsel to disciplinary action which case of any meeting held outside Wash- same volume, as a part thereof, and their in- may include warning, censure, removal, or a ington, D.C. clusion shall be noted on the cover of the re- recommendation of contempt proceedings. 1.5. If five members of the Committee have port. (c) There shall be no direct or cross-exam- made a request in writing to the Chairman 4.4. Routine, non-legislative actions re- ination by counsel. However, counsel may to call a meeting of the Committee, and the quired of the Committee may be taken in ac- submit in writing any question he wishes Chairman fails to call such a meeting within cordance with procedures that have been ap- propounded to his client or to any other wit- seven calendar days thereafter, including the proved by the Committee pursuant to these ness and may, at the conclusion of his cli- day on which the written notice is sub- Committee Rules. ent’s testimony, suggest the presentation of other evidence or the calling of other wit- mitted, these members may call a meeting RULE 5. NOMINATIONS by filing a written notice with the Clerk of nesses. The Committee may use such ques- 5.1. Unless otherwise ordered by the Com- tions and dispose of such suggestions as it the committee who shall promptly notify mittee, nominations referred to the Com- each member of the Committee in writing of deems appropriate. mittee shall be held for at least 14 days be- 8.5 STATEMENTS BY WITNESSES.—A witness the date and time of the meeting. fore being voted on by the Committee. may make a statement, which shall be brief RULE 2. MEETING PROCEDURES 5.2. Each member of the Committee shall and relevant, at the beginning and conclu- 2.1. Meetings of the Committee shall be be promptly furnished a copy of all nomina- sion of his or her testimony. Such state- open to the public except as provided in S. tions referred to the Committee. ments shall not exceed a reasonable period of Res. 9, 94th Congress, 1st Session. 5.3. Nominees who are invited to appear be- time as determined by the Chairman, or 2.2. It shall be the duty of the Staff Direc- fore the Committee shall be heard in public other presiding members. Any witness desir- tor to keep or cause to be kept a record of all session, except as provided in Rule 2.1. ing to make a prepared or written statement Committee proceedings. 5.4. No confirmation hearing shall be held for the record of the proceedings shall file a 2.3. The Chairman of the Committee, or if sooner than seven days after receipt of the copy with the Clerk of the Committee, and the Chairman is not present the Vice Chair- background and financial disclosure state- insofar as practicable and consistent with man, shall preside over all meetings of the ment unless the time limit is waived by a the notice given, shall do so at least 72 hours Committee. In the absence of the Chairman majority vote of the Committee. in advance of his or her appearance before and the Vice Chairman at any meeting the 5.5. The Committee vote on the confirma- the Committee. ranking majority member, or if no majority tion shall not be sooner than 48 hours after 8.6 OBJECTIONS AND RULINGS.—Any objec- member is present the ranking minority the Committee has received transcripts of tion raised by a witness or counsel shall be member present shall preside. the confirmation hearing unless the time ruled upon by the Chairman or other pre- 2.4. Except as otherwise provided in these limit is waived by unanimous consent of the siding member, and such ruling shall be the Rules, decisions of the Committee shall be Committee. ruling of the Committee unless a majority of

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Whenever the Select Committee on In- mittee staff includes employees of the Com- in the office of the Committee, the tran- telligence makes classified material avail- mittee, consultants to the Committee, or script of their testimony to determine able to any other Committee of the Senate any other person engaged by contract or oth- whether such testimony was correctly tran- or to any member of the Senate not a mem- erwise to perform services for or at the re- scribed. The witness may be accompanied by ber of the Committee, such material shall be quest of the Committee. To the maximum counsel. Any corrections the witness desires accompanied by a verbal or written notice to extent practicable, the Committee shall rely to make in the transcript shall be submitted the recipients advising of their responsi- on its full-time employees to perform all in writing to the Committee within five days bility to protect such material pursuant to staff functions. No individual may be re- from the date when the transcript was made section 8 of S. Res. 400 of the 94th Congress. tained as staff of the Committee or to per- available to the witness. Corrections shall be The Clerk of the Committee shall ensure form services for the Committee unless that limited to grammar and minor editing, and that such notice is provided and shall main- individual holds appropriate security clear- may not be made to change the substance of tain a written record identifying the par- ances. the testimony. Any questions arising with ticular information transmitted and the 10.2. The appointment of Committee staff respect to such corrections shall be decided Committee or members of the Senate receiv- shall be confirmed by a majority vote of the by the Chairman. Upon request, those parts ing such information. Committee. After confirmation, the Chair- of testimony given by a witness in executive 9.5. Access to classified information sup- man shall certify Committee staff appoint- session which are subsequently quoted or plied to the Committee shall be limited to ments to the Financial Clerk of the Senate made part of a public record shall be made those Committee staff members with appro- in writing. No Committee staff shall be given available to that witness at his or her ex- priate security clearance and a need-to- access to any classified information or reg- pense. know, as determined by the Committee, and, ular access to the Committee offices, until 8.8 Requests to Testify.—The Committee under the Committee’s direction, the Staff such Committee staff has received an appro- will consider requests to testify on any mat- Director and Minority Staff Director. priate security clearance as described in Sec- 9.6. No member of the Committee or of the ter or measure pending before the Com- tion 6 of Senate Resolution 400 of the 94th Committee staff shall disclose, in whole or in mittee. A person who believes that testi- Congress. part or by way of summary, to any person mony or other evidence presented at a public 10.3. The Committee staff works for the not a member of the Committee or the Com- hearing, or any comment made by a Com- Committee as a whole, under the supervision mittee staff for any purpose or in connection mittee member or a member of the Com- of the Chairman and Vice Chairman of the with any proceeding, judicial or otherwise, mittee staff may tend to affect adversely his Committee. The duties of the Committee any testimony given before the committee in or her reputation, may request to appear staff shall be performed, and Committee executive session including the name of any personally before the Committee to testify staff personnel affairs and day-to-day oper- witness who appeared or was called to appear on his or her own behalf, or may file a sworn ations, including security and control of before the Committee in executive session, statement of facts relevant to the testimony, classified documents and material, and shall or the contents of any papers or materials or evidence, or comment, or may submit to the be administered under the direct supervision other information received by the Com- Chairman proposed questions in writing for and control of the Staff Director. The Minor- mittee except as authorized herein, or other- the cross-examination of other witnesses. ity Staff Director and the Minority Counsel wise as authorized by the Committee in ac- The Committee shall take such action as it shall be kept fully informed regarding all cordance with Section 8 of S. Res. 400 of the deems appropriate. matters and shall have access to all material 94th Congress and the provisions of these 8.9 CONTEMPT PROCEDURES.—No rec- in the files of the Committee. ommendation that a person be cited for con- rules, or in the event of the termination of 10.4. The Committee staff shall assist the tempt of Congress shall be forwarded to the the Committee, in such a manner as may be minority as fully as the majority in the ex- Senate unless and until the Committee has, determined by the Senate. For purposes of pression of minority views, including assist- upon notice to all its members, met and con- this paragraph, members and staff of the ance in the preparation and filing of addi- sidered the alleged contempt, afforded the Committee may disclose classified informa- tional, separate and minority views, to the person an opportunity to state in writing or tion in the possession of the Committee only end that all points of view may be fully con- in person why he or she should not be held in to persons with appropriate security clear- sidered by the Committee and the Senate. contempt, and agreed by majority vote of ances who have a need to know such infor- 10.5. The members of the Committee staff the Committee, to forward such rec- mation for an official governmental purpose shall not discuss either the substance or pro- ommendation to the Senate. related to the work of the Committee. Infor- cedure of the work of the Committee with mation discussed in executive sessions of the any person not a member of the Committee 8.10. RELEASE OF NAME OF WITNESS.—Un- less authorized by the Chairman, the name Committee and information contained in pa- or the Committee staff for any purpose or in of any witness scheduled to be heard by the pers and materials which are not classified connection with any proceeding, judicial or Committee shall not be released prior to, or but which are controlled by the Committee otherwise, either during their tenure as a after, his or her appearance before the Com- may be disclosed only to persons outside the member of the Committee staff at any time mittee. Committee who have a need to know such in- thereafter except as directed by the Com- formation for an official governmental pur- mittee in accordance with Section 8 of S. RULE 9. PROCEDURES FOR HANDLING CLASSIFIED pose related to the work of the Committee Res. 400 of the 94th Congress and the provi- OR SENSITIVE MATERIAL and only if such disclosure has been author- sions of these rules, or in the event of the 9.1. Committee staff offices shall operate ized by the Chairman and Vice Chairman of termination of the Committee, in such a under strict precautions. At least one secu- the Committee, or by the Staff Director and manner as may be determined by the Senate. rity guard shall be on duty at all times by Minority Staff Director, acting on their be- 10.6. No member of the Committee staff the entrance to control entry. Before enter- half. Failure to abide by this provision shall shall be employed by the Committee unless ing the office all persons shall identify them- constitute grounds for referral to the Select and until such a member of the Committee selves. Committee on Ethics pursuant to Section 8 staff agrees in writing, as a condition of em- 9.2. Sensitive or classified documents and of S. Res. 400. ployment to abide by the conditions of the material shall be segregated in a secure stor- 9.7. Before the Committee makes any deci- nondisclosure agreement promulgated by the age area. They may be examined only at se- sion regarding the disposition of any testi- Senate Select Committee on Intelligence, cure reading facilities. Copying, duplicating, mony, papers, or other materials presented pursuant to Section 6 of S. Res. 400 of the or removal from the Committee offices of to it, the Committee members shall have a 94th Congress, 2d Session, and to abide by such documents and other materials is pro- reasonable opportunity to examine all perti- the Committee’s code of conduct. hibited except as is necessary for use in, or nent testimony, papers, and other materials 10.7. No member of the Committee staff preparation for, interviews or Committee that have been obtained by the members of shall be employed by the Committee unless meetings, including the taking of testimony, the Committee or the Committee staff. and until such a member of the Committee and in conformity with Section 10.3 hereof. 9.8. Attendance of persons outside the staff agrees in writing, as a condition of em- All documents or materials removed from Committee at closed meetings of the Com- ployment, to notify the Committee or in the the Committee offices for such authorized mittee shall be kept at a minimum and shall event of the Committee’s termination the purposes must be returned to the Commit- be limited to persons with appropriate secu- Senate of any request for his or her testi- tee’s secure storage area for overnight stor- rity clearance and a need-to-know the infor- mony, either during his tenure as a member age. mation under consideration for the execu- of the Committee staff or at any time there- 9.3. Each member of the Committee shall tion of their official duties. Notes taken at after with respect to information which at all times have access to all papers and such meetings by any person in attendance came into his or her possession by virtue of other material received from any source. shall be returned to the secure storage area his or her position as a member of the Com- The Staff Director shall be responsible for in the Committee’s offices at the conclusion mittee staff. Such information shall not be the maintenance, under appropriate security of such meetings, and may be made available disclosed in response to such requests except procedures, of a registry which will number to the department, agency, office, committee as directed by the Committee in accordance

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with Section 8 of S. Res. 400 of the 94th Con- RULE 13. COMMITTEE TRAVEL (E) of paragraph (1) shall be appointed by the gress and the provisions of these rules, or in 13.1. No member of the Committee or Com- President pro tempore of the Senate upon the event of the termination of the Com- mittee Staff shall travel abroad on Com- the recommendation of the majority leader mittee, in such manner as may be deter- mittee business unless specifically author- of the Senate and three shall be appointed by mined by the Senate. ized by the Chairman and Vice Chairman. the President pro tempore of the Senate 10.8. The Committee shall immediately Requests for authorization of such travel upon the recommendation of the minority consider action to be taken in the case of shall state the purpose and extent of the leader of the Senate. any member of the Committee staff who fails trip. A full report shall be filed with the (3) the majority leader of the Senate and to conform to any of these Rules. Such dis- Committee when travel is completed. the minority leader of the Senate shall be ex ciplinary action may include, but shall not 13.2. When the Chairman and the Vice officio members of the select committee but be limited to, immediate dismissal from the Chairman approve the foreign travel of a shall have no vote in the committee and Committee staff. member of the Committee staff not accom- shall not be counted for purposes of deter- 10.9. Within the Committee staff shall be panying a member of the Committee, all mining a quorum. an element with the capability to perform members of the Committee are to be advised, (b) No Senator may serve on the select audits of programs and activities undertaken prior to the commencement of such travel, of committee for more than eight years of con- by departments and agencies with intel- its extent, nature and purpose. The report tinuous service, exclusive of service by any ligence functions. Such element shall be referred to in Rule 13.1 shall be furnished to Senator on such committee during the Nine- comprised of persons qualified by training ty-fourth Congress. To the greatest extent and/or experience to carry out such functions all members of the Committee and shall not be otherwise disseminated without the ex- possible, one-third of the Members of the in accordance with accepted auditing stand- Senate appointed to the select committee at ards. press authorization of the Committee pursuant to the Rules of the Committee. the beginning of the Ninety-seventh Con- 10.10. The workplace of the Committee gress and each Congress thereafter shall be shall be free from illegal use, possession, sale 13.3. No member of the Committee staff Members of the Senate who did not serve on or distribution of controlled substances by shall travel within this country on Com- such committee during the preceding Con- its employees. Any violation of such policy mittee business unless specifically authorized by the Staff Director as directed by the gress. by any member of the Committee staff shall (c) At the beginning of each Congress, the be grounds for termination of employment. Committee. Members of the Senate who are members of Further, any illegal use of controlled sub- RULE 14. CHANGES IN RULES the majority party of the Senate shall elect stances by a member of the Committee staff, These Rules may be modified, amended, or a chairman for the select committee, and the within the workplace or otherwise, shall re- repealed by the Committee, provided that a Members of the Senate who are from the mi- sult in reconsideration of the security clear- notice in writing of the proposed change has nority party of the Senate shall elect a vice ance of any such staff member and may con- been given to each member at least 48 hours chairman for such committee. The vice stitute grounds for termination of employ- prior to the meeting at which action thereon chairman shall act in the place and stead of ment with the Committee. is to be taken. the chairman in the absence of the chair- 10.11. In accordance with title III of the APPENDIX A—94TH, CONGRESS, 2D SESSION Civil Rights Act of 1991 (P.L. 102–166), all per- man. Neither the chairman nor the vice sonnel actions affecting the staff of the Com- S. RES. 400 chairman of the select committee shall at mittee shall be made free from any discrimi- To establish a Standing Committee of the the same time serve as chairman or ranking nation based on race, color, religion, sex, na- Senate on Intelligence, and for other pur- minority member of any other committee re- tional origin, age, handicap or disability. poses ferred to in paragraph 4(e)(1) of rule XXV of the Standing Rules of the Senate. RULE 11. PREPARATION FOR COMMITTEE Resolved, That it is the purpose of this res- SEC. 3. (a) There shall be referred to the se- MEETINGS olution to establish a new select committee lect committee all proposed legislation, mes- 11.1. Under direction of the Chairman and of the Senate, to be known as the Select sages, petitions, memorials, and other mat- the Vice Chairman, designated Committee Committee on Intelligence, to oversee and ters related to the following: staff members shall brief members of the make continuing studies of the intelligence (1) The Central Intelligence Agency and Committee at a time sufficiently prior to activities and programs of the United States the Director of Central Intelligence. any Committee meeting to assist the Com- Government, and to submit to the Senate ap- (2) Intelligence activities of all other de- mittee members in preparation for such propriate proposals for legislation and report partments and agencies of the Government, meeting and to determine any matter which to the Senate concerning such intelligence including, but not limited to, the intel- the Committee member might wish consid- activities and programs. In carrying out this ligence activities of the Defense Intelligence ered during the meeting. Such briefing shall, purposes, the Select Committee on Intel- Agency, the National Security Agency, and at the request of a member, include a list of ligence shall make ever effort to assure that other agencies of the Department of State, all pertinent papers and other materials that the appropriate departments and agencies of the Department of Justice; and the Depart- have been obtained by the Committee that the United States provide informed and ment of the Treasury. bear on matters to be considered at the timely intelligence necessary for the execu- (3) The organization or reorganization of meeting. tive and legislative branches to make sound any department or agency of the Govern- 11.2. The Staff Director shall recommend decisions affecting the security and vital in- ment to the extent that the organization or to the Chairman and the Vice Chairman the terests of the Nation. It is further the pur- reorganization relates to a function or activ- testimony, papers, and other materials to be pose of this resolution to provide vigilant ity involving intelligence activities. presented to the Committee at any meeting. legislative oversight over the intelligence (4) Authorizations for appropriations, both The determination whether such testimony, activities of the United States to assure that direct and indirect, for the following: papers, and other materials shall be pre- such activities are in conformity with the (A) The Central Intelligence Agency and sented in open or executive session shall be Constitution and laws of the United States. Director of Central Intelligence. made pursuant to the Rules of the Senate SEC. 2. (a)(1) There is hereby established a (B) The Defense Intelligence Agency. and Rules of the Committee. select committee to be known as the Select (C) The National Security Agency. 11.3. The Staff Director shall ensure that Committee on Intelligence (hereinafter in (D) The intelligence activities of other covert action programs of the U.S. Govern- this resolution referred to as the ‘‘select agencies and subdivisions of the Department ment receive appropriate consideration by committee’’). The select committee shall be of Defense. the Committee no less frequently than once composed of fifteen members appointed as (E) The intelligence activities of the De- a quarter. follows: partment of State. RULE 12. LEGISLATIVE CALENDAR (A) two members from the Committee on (F) The intelligence activities of the Fed- 12.1. The Clerk of the Committee shall Appropriations; eral Bureau of Investigation, including all maintain a printed calendar for the informa- (B) two members from the Committee on activities of the Intelligence Division. tion of each Committee member showing the Armed Services; (G) Any department, agency, or subdivi- measures introduced and referred to the (C) two members from the Committee on sion which is the successor to any agency Committee and the status of such measures; Foreign Relations; named in clause (A), (B), or (C); and the ac- nominations referred to the Committee and (D) two members from the Committee on tivities of any department, agency, or sub- their status; and such other matters as the Judiciary; and division which is the successor to any de- Committee determines shall be included. The (E) seven members to be appointed from partment, agency, bureau, or subdivision Calendar shall be revised from time to time the Senate at large. named in clause (D), (E), or (F) to the extent to show pertinent changes. A copy of each (2) Members appointed from each com- that the activities of such successor depart- such revision shall be furnished to each mittee named in clauses (a) through (D) of ment, agency, or subdivision are activities member of the Committee. paragraph (1) shall be evenly divided between described in clause (D), (E), or (F). 12.2. Unless otherwise ordered, measures the two major political parties and shall be (b) Any proposed legislation reported by referred to the Committee shall be referred appointed by the President pro tempore of the select committee, except any legislation by the Clerk of the Committee to the appro- the Senate upon the recommendations of the involving matters specified in clause (1) or priate department or agency of the Govern- majority and minority leaders of the Senate. (4)(A) of subsection (a), containing any mat- ment for reports thereon. Four of the members appointed under clause ter otherwise within the jurisdiction of any

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standing committee shall, at the request of SEC. 5. (a) For the purpose of this resolu- formation, the disclosure of which requires a the chairman of such standing committee, be tion, the select committee is authorized in committee vote, prior to a vote by the com- referred to such standing committee for its its discretion (1) to make investigations into mittee on the question of the disclosure of consideration of such matter and be reported any matter within its jurisdiction, (2) to such information or after such vote except in to the Senate by such standing committee make expenditures from the contingent fund accordance with this section. within thirty days after the day on which of the Senate, (3) to employ personnel, (4) to (b)(1) In any case in which the select com- such proposed legislation is referred to such hold hearings, (5) to sit and act at any time mittee votes to disclose publicly any infor- standing committee; and any proposed legis- or place during the sessions, recesses, and mation which has been classified under es- lation reported by any committee, other adjourned periods of the Senate, (6) to re- tablished security procedures, which has then the select committee, which contains quire, by subpena or otherwise, the attend- been submitted to it by the executive any matter within the jurisdiction of the se- ance of witnesses and the production of cor- branch, and which the executive branch re- lect committee shall, at the request of the respondence, books, papers, and documents, quests be kept secret, such committee shall chairman of the select committee, be re- (7) to take depositions and other testimony, notify the President of such vote. ferred to the select committee for its consid- (8) to procure the service of individual con- (2) The select committee may disclose pub- eration of such matter and be reported to the sultants or organizations thereof, in accord- licly such information after the expiration of Senate by the select committee within thir- ance with the provisions of section 202(i) of a five-day period following the day on which ty days after the day on which such proposed the Legislative Reorganization Act of 1946, notice of such vote is transmitted to the legislation is referred to such committee. In and (9) with the prior consent of the govern- President, unless, prior to the expiration of any case in which a committee fails to re- ment department or agency concerned and such five-day period, the President, person- port any proposed legislation referred to it the Committee on Rules and Administration, ally in writing, notifies the committee that within the time limit prescribed herein, such to use on a reimbursable basis the services of he objects to the disclosure of such informa- committee shall be automatically discharged personnel of any such department or agency. tion, provides his reasons therefor, and cer- from further consideration of such proposed (b) The chairman of the select committee tifies that the threat to national interest of legislation on the thirtieth day following the or any member thereof may administer the United States posed by such disclosure is day on which such proposed legislation is re- oaths to witnesses. of such gravity that it outweighs any public ferred to such committee unless the Senate (c) Subpenas authorized by the select com- interest in the disclosure. provides otherwise. In computing any thirty- mittee may be issued over the signature of (3) If the President, personally in writing, day period under this paragraph there shall the chairman, the vice chairman or any notifies the select committee of his objec- be excluded from such computation any days member of the select committee designated tions to the disclosure of such information on which the Senate is not in session. by the chairman, and may be served by any as provided in paragraph (2), such committee (c) Nothing in this resolution, shall be con- person designated by the chairman or any strued as prohibiting or otherwise restrict- member signing the subpenas. may, by majority vote, refer the question of ing the authority of any other committee to SEC. 6. No employee of the select com- the disclosure of such information to the study and review any intelligence activity to mittee or any person engaged by contract or Senate for consideration. The committee the extent that such activity directly affects otherwise to perform services for or at the shall not publicly disclose such information a matter otherwise within the jurisdiction of request of such committee shall be given ac- without leave of the Senate. such committee. cess to any classified information by such (4) Whenever the select committee votes to (d) Nothing in this resolution shall be con- committee unless such employee or person refer the question of disclosure of any infor- strued as amending, limiting, or otherwise has (1) agreed in writing and under oath to mation to the Senate under paragraph (3), changing the authority of any standing com- be bound by the rules of the Senate (includ- the chairman shall not later than the first mittee of the Senate to obtain full and ing the jurisdiction of the Select Committee day on which the Senate is in session fol- prompt access to the product of the intel- on Standards and Conduct 1 and of such com- lowing the day on which the vote occurs, re- ligence activities of any department or agen- mittee as to the security of such information port the matter to the Senate for its consid- cy of the Government relevant to a matter during and after the period of his employ- eration. otherwise within the jurisdiction of such ment or contractual agreement with such (5) One hour after the Senate convenes on committee. committee; and (2) received an appropriate the fourth day on which the Senate is in ses- SEC. 4. (a) The select committee, for the security clearance as determined by such sion following the day on which any such purposes of accountability to the Senate, committee in consultation with the Director matter is reported to the Senate, or at such shall make regular and periodic reports to of Central Intelligence. The type of security earlier time as the majority leader and the the Senate on the nature and extent of the clearance to be required in the case of any minority leader of the Senate jointly agree intelligence activities of the various depart- such employee or person shall, within the de- upon in accordance with paragraph 5 of rule ments and agencies of the United States. termination of such committee in consulta- XVII of the Standing Rules of the Senate, Such committee shall promptly call to the tion with the Director of Central Intel- the Senate shall go into closed session and attention of the Senate or to any other ap- ligence, be commensurate with the sensi- the matter shall be the pending business. In propriate committee on committees of the tivity of the classified information to which considering the matter in closed session the Senate any matters requiring the attention such employee or person will be given access Senate may— of the Senate or such other committee or by such committee. (A) approve the public disclosure of all or committees. In making such report, the se- SEC. 7. The select committee shall formu- any portion of the information in question, lect committee shall proceed in a manner late and carry out such rules and procedures in which case the committee shall not pub- consistent with section 8(c)(2) to protect na- as it deems necessary to prevent the disclo- licly disclose the information ordered to be tional security. sure, without the consent of the person or disclosed, (b) The select committee shall obtain an persons concerned, of information in the pos- (B) disapprove the public disclosure of all annual report from the Director of the Cen- session of such committee which unduly in- or any portion of the information in ques- tral Intelligence Agency, the Secretary of fringes upon the privacy or which violates tion, in which case the committee shall not Defense, the Secretary of State, and the Di- the constitutional rights of such person or publicly disclose the information ordered not rector of the Federal Bureau of Investiga- persons. Nothing herein shall be construed to to be disclosed, or tion. Such reports shall review the intel- prevent such committee from publicly dis- (C) refer all or any portion of the matter ligence activities of the agency or depart- back to the committee, in which case the ment concerned and the intelligence activi- closing any such information in any case in which such committee determines the na- committee shall make the final determina- ties of foreign countries directed at the tion with respect to the public disclosure of United States or its interest. An unclassified tional interest in the disclosure of such in- the information in question. version of each report may be made available formation clearly outweighs any infringe- to the public at the discretion of the select ment on the privacy of any person or per- Upon conclusion of the information of such committee. Nothing herein shall be con- sons. matter in closed session, which may not ex- SEC. 8. (a) The select committee may, sub- strued as requiring the public disclosure in tend beyond the close of the ninth day on ject to the provisions of this section, disclose such reports of the names of individuals en- which the Senate is in session following the gaged in intelligence activities for the publicly any information in the possession of day on which such matter was reported to United States or the divulging of intel- such committee after a determination by the Senate, or the close of the fifth day fol- ligence methods employed or the sources of such committee that the public interest lowing the day agreed upon jointly by the information on which such reports are based would be served by such disclosure. When- majority and minority leaders in accordance or the amount of funds authorized to be ap- ever committee action is required to disclose with paragraph 5 of rule XVII of the Stand- propriated for intelligence activities. any information under this section, the coming Rules of the Senate (whichever the case (c) On or before March 15 of each year, the mittee shall meet to vote on the matter may be), the Senate shall immediately vote select committee shall submit to the Com- within five days after any member of the on the disposition of such matter in open mittee on the Budget of the Senate the views committee requests such a vote. No member session, without debate, and without divulg- and estimates described in section 301(c) of of the select committee shall disclose any in- ing the information with respect to which the Congressional Budget Act of 1974 regard- the vote is being taken. The Senate shall ing matters within the jurisdiction of the se- 1 Name changed to the Select Committee on Ethics vote to dispose of such matter by one or lect committee. by S. Res. 4, 95–1, Feb. 4, 1977. more of the means specified in clauses (A),

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Any vote of the Senate to dis- head of any department or agency of the committee of the Senate and the House of close any information pursuant to this para- United States involved in any intelligence Representatives on intelligence activities in graph shall be subject to the right of a Mem- activities should furnish any information or lieu of having separate committees in each ber of the Senate to move for reconsider- document in the possession, custody, or con- House of Congress, or of establishing proce- ation of the vote within the time and pursu- trol of the department or agency, or person dures under which separate committees on ant to the procedures specified in rule XIII of paid by such department or agency, when- intelligence activities of the two Houses of the Standing Rules of the Senate, and the ever requested by the select committee with Congress would receive joint briefings from disclosure of such information shall be made respect to any matter within such commit- the intelligence agencies and coordinate consistent with that right. tee’s jurisdiction. their policies with respect to the safe- (c)(1) No information in the possession of (c) It is the sense of the Senate that each guarding of sensitive intelligence informa- the select committee relating to the lawful department and agency of the United States tion; intelligence activities of any department or should report immediately upon discovery to (8) the authorization of funds for the intel- agency of the United States which has been the select committee any and all intelligence activities of the Government wheth- classified under established security proce- ligence activities which constitute viola- er disclosure of any of the amounts of such dures and which the select committee, pur- tions of the constitutional rights of any per- funds is in the public interest; and suant to subsection (a) or (b) of this section, son, violations of law, or violations of Execu- (9) the development of a uniform set of has determined should not be disclosed shall tive orders, presidential directives, or de- definitions for terms to be used in policies or guidelines which may be adopted by the ex- be made available to any person by a Mem- partmental or agency rules or regulations; ecutive or legislative branches to govern, ber, officer, or employee of the Senate except each department and agency should further clarify, and strengthen the operation of in- in a closed session of the Senate or as pro- report to such committee what actions have been taken or are expected to be taken by telligence activities. vided in paragraph (2). (b) The select committee may, in its dis- (2) The select committee may, under such the departments or agencies with respect to cretion, omit from the special study required such violations. regulations as the committee shall prescribe by this section any matter it determines has SEC. 12. Subject to the Standing Rules of to protect the confidentiality of such infor- been adequately studied by the Select Com- mation, make any information described in the Senate, no funds shall be appropriated for any fiscal year beginning after Sep- mittee To Study Governmental Operations paragraph (1) available to any other com- With Respect to Intelligence Activities, es- tember 30, 1976, with the exception of a con- mittee or any other Member of the Senate. tablished by Senate Resolution 21, Ninety- tinuing bill or resolution, or amendment Whenever the select committee makes such fourth Congress. information available, the committee shall thereto, or conference report thereon, to, or (c) The select committee shall report the keep a written record showing, in the case of for use of, any department or agency ofthe results of the study provided for by this sec- any particular information, which the com- United States to carry out any of the fol- tion to the Senate, together with any rec- mittee or which Members of the Senate re- lowing activities, unless such funds shall ommendations for legislative or other ac- ceived such information under this sub- have been previously authorized by a bill or tions it deems appropriate, no later than section, shall disclose such information ex- joint resolution passed by the Senate during July 1, 1997, and from time to time there- cept in a closed session of the Senate. the same or preceding fiscal year to carry after as it deems appropriate. (d) It shall be the duty of the Select Com- out such activity for such fiscal year. SEC. 14. (a) As used in this resolution, the mittee on Standards and Conduct 1 to inves- (1) The activities of the Central Intel- term ‘‘intelligence activities’’ includes (1) tigate any unauthorized disclosure of intelligence Agency and the Director of Central the collection, analysis, production, dissemi- ligence information by a Member, officer or Intelligence. nation, or use of information which relates employee of the Senate in violation of sub- (2) The activities of the Defense Intel- to any foreign country, or any government, section (c) and to report to the Senate con- ligence Agency. political group, party, military force, move- cerning any allegation which it finds to be (3) The activities of the National Security ment, or other association in such foreign substantiated. Agency. country, and which relates to the defense, (e) Upon the request of any person who is (4) The intelligence activities of other foreign policy, national security, or related subject to any such investigation, the Select agencies and subdivisions of the Department policies of the United States, and other ac- Committee on Standards and Conduct 1 shall of Defense. tivity which is in support of such activities; (5) The intelligence activities of the De- release to such individual at the conclusion (2) activities taken to counter similar activi- partment of State. ties directed against the United States; (3) of its investigation a summary of its inves- (6) The intelligence activities of the Fed- tigation together with its findings. If, at the covert or clandestine activities affecting the eral Bureau of Investigation, including all relations of the United States with any for- conclusion of its investigation, the Select activities of the Intelligence Division. 1 eign government, political group, party, Committee on Standards and Conduct de- SEC. 13. (a) The select committee shall military force, movement or other associa- termines that there has been a significant make a study with respect to the following breach of confidentiality or unauthorized tion; (4) the collection, analysis, production, matters, taking into consideration with re- dissemination, or use of information about disclosure by a Member, officer, or employee spect to each such matter, all relevant as- of the Senate, it shall report its findings to activities of persons within the United pects of the effectiveness of planning, gath- States, its territories and possessions, or na- the Senate and recommend appropriate ac- ering, use, security, and dissemination of in- tion such as censure, removal from com- tionals of the United States abroad whose telligence: political and related activities pose, or may mittee membership, or expulsion from the (1) the quality of the analytical capabili- Senate, in the case of a Member, or removal be considered by any department, agency, ties of the United States foreign intelligence bureau, office, division, instrumentality, or from office or employment or punishment agencies and means for integrating more employee of the United States to pose, a for contempt, in the case of an officer or em- closely analytical intelligence and policy threat to the internal security of the United ployee. formulation; States, and covert or clandestine activities SEC. 9. The select committee is authorized (2) the extent and nature of the authority directed against such persons. Such term to permit any personal representative of the of the departments and agencies of the exec- does not include tactical foreign military in- President, designated by the President to utive branch to engage in intelligence activi- telligence serving no national policy-making serve as a liaison to such committee, to at- ties and the desirability of developing char- function. tend any closed meeting of such committee. ters for each intelligence agency or depart- (b) As used in this resolution, the term SEC. 10. Upon expiration of the Select Com- ment; ‘‘department or agency’’ includes any orga- mittee on Governmental Operations With (3) the organization of intelligence activi- nization, committee, council, establishment, Respect to Intelligence Activities, estab- ties in the executive branch to maximize the or office within the Federal Government. lished by Senate Resolution 21, Ninety- effectiveness of the conduct, oversight, and (c) For purposes of this resolution, ref- fourth Congress, all records, files, docu- accountability of intelligence activities; to erence to any department, agency, bureau, ments, and other materials in the possession, reduce duplication or overlap; and to im- or subdivision shall include a reference to custody, or control of such committee, under prove the morale of the personnel of the for- any successor department, agency, bureau, appropriate conditions established by it, eign intelligence agencies; or subdivision to the extent that such suc- shall be transferred to the select committee. (4) the conduct of covert and clandestine cessor engages in intelligence activities now SEC. 11. (a) It is the sense of the Senate activities and the procedures by which Con- conducted by the department, agency, bu- that the head of each department and agency gress is informed of such activities; reau, or subdivision referred to in this reso- of the United States should keep the select (5) the desirability of changing any law, lution. committee fully and currently informed with Senate rule or procedure, or any Executive SEC. 15. (This section authorized funds for respect to intelligence activities, including order, rule, or regulation to improve the pro- the select committee for the period May 19, any significant anticipated activities, which tection of intelligence secrets and provide 1976, through Feb. 28, 1977.) are the responsibility of or engaged in by for disclosure of information for which there SEC. 16. Nothing in this resolution shall be such department or agency: Provided, That is no compelling reason for secrecy; construed as constituting acquiescence by this does not constitute a condition prece- (6) the desirability of establishing a stand- the Senate in any practice, or in the conduct dent to the implementation of any such an- ing committee of the Senate on intelligence of any activity, not otherwise authorized by ticipated intelligence activity. activities; law.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1771 APPENDIX B—94TH CONGRESS, 1ST SESSION ranking member, Senator MOYNIHAN. The PRESIDING OFFICER. Without S. RES. 9 We have worked out an arrangement objection, it is so ordered. Amending the rules of the Senate relating to where Senator MOYNIHAN is prepared to Mr. LOTT. Mr. President, I ask unan- open committee meetings have as the effective date the enact- imous consent that after the statement Resolved, That paragraph 7(b) of rule XXV ment date of this legislation—perhaps I of the Senator from Florida, my unani- of the Standing Rules of the Senate is should yield to my distinguished col- mous-consent request again recur with amended to read as follows: league, Senator MOYNIHAN, for him to H.R. 668. ‘‘(b) Each meeting of a standing, select, or speak for himself. The PRESIDING OFFICER. Without special committee of the Senate, or any sub- Mr. MOYNIHAN. Yes. I would like to objection, it is so ordered. committee thereof, including meetings to say, first of all, that I very much ap- Mr. LOTT. I yield the floor. conduct hearings, shall be open to the public, The PRESIDING OFFICER. Under except that a portion or portions of any such preciate the judgment of the Senator meetings may be closed to the public if the from Pennsylvania that the bill will be the order, the Senator from Florida is committee or subcommittee, as the case enacted, and that I propose to amend it recognized. may be, determines by record vote of a ma- such that it takes effect upon enact- Mr. GRAHAM. Mr. President, what jority of the members of the committee or ment as against the day it is actually concerns me—and why I want to make subcommittee present that the matters to be passed, which is the precedent. But this statement before we vote it—is the discussed or the testimony to be taken at with that agreement, that it will be en- irony of what we are doing at this hour such portion or portions— acted. of the night. We have spent the past ‘‘(1) will disclose matters necessary to be several days, the past several weeks, kept secret in the interest of national de- Mr. SPECTER. Mr. President, that is fense or the confidential conduct of the for- satisfactory. Enactment, after it is debating an amendment of the U.S. eign relations of the United States; passed by both Houses and signed by Constitution to require a balanced ‘‘(2) will relate solely to matters of com- the President, is the effective date that budget. I support that amendment and mittee staff personnel or internal staff man- it becomes law. look forward to voting for it on Tues- agement or procedure; Mr. MOYNIHAN. That is correct. I day. ‘‘(3) will tend to charge an individual with also agree, hearing now that it will be- In the midst of that debate, we now crime or misconduct, to disgrace or injure come law. at this hour are going to take up legis- the professional standing of an individual, or lation to extend the airline ticket tax, otherwise to expose an individual to public Mr. ROTH. Reserving the right to ob- contempt or obloquy, or will represent a ject. which has been expired for 10 of the clearly unwarranted invasion of the privacy Mr. SPECTER. Mr. President, if I past 14 months. I support that. We of an individual; may just finish the comment, I have should reenact the airline ticket tax. ‘‘(4) will disclose the identity of any in- great admiration for Senator MOY- In my opinion, we should not have al- former or law enforcement agent or will dis- NIHAN. I don’t know whether it will be- lowed it to expire as we have. close any information relating to the inves- come law or not. If it does, so be it. I But what is significant about what tigation or prosecution of a criminal offense just want to be sure that enactment is we are about to do is that we are ex- that is required to be kept secret in the in- not the day we pass it, but the enact- tending the airline ticket tax to Sep- terest of effective law enforcement; or tember 30, 1997. Why are we doing that? ‘‘(5) will disclose information relating to ment of the statute is the day which it the trade secrets or financial or commercial becomes law after passage by the Con- Is it because we do not need the re- information pertaining specifically to a gress and signed by the President. sources of this revenue source beyond given person if— With that understanding, I do not ob- September 30, 1997? Clearly not. ‘‘(A) an Act of Congress requires the infor- ject. There are extensive needs in the na- mation to be kept confidential by Govern- Mr. LOTT. I thank the Senator from tional aviation system. There are ex- ment officers and employees; or Pennsylvania and the leadership of the tensive needs in virtually every com- ‘‘(B) the information has been obtained by Finance Committee, the Senator from munity which has an airport—a com- the Government on a confidential basis, mercial airport or a general aviation other than through an application by such Delaware and the Senator from New person for a specific Government financial or York. I thank them very much for airport—which benefits by the re- other benefit, and is ruired to be kept secret their leadership. sources derived from this tax. in order to prevent undue injury to the com- The PRESIDING OFFICER. Is there In light of that, why are we enacting petitive position of such person. objection? this extension from now until Sep- Whenever any hearing conducted by any Mr. GRAHAM. Mr. President, reserv- tember 30, 1997? We paid a heavy price such committee or subcommittee is open to ing the right to object, I would like to because of the fact that this tax has the public, that hearing may be broadcast by make a statement for the RECORD prior been allowed to lapse twice in the past radio or television, or both, under such rules to final disposition of this matter. 14 months. This tax expired on January as the committee or subcommittee may The PRESIDING OFFICER. Is there 1, 1996. It was nearly 8 months later, adopt.’’. objection to the request of the Senator August 27, 1996, that it was reenacted. SEC. 2. Section 133A(b) of the Legislative Reorganization Act of 1946, section 242(a) of from Florida that he be allowed to That reenactment, however, was only the Legislative Reorganization Act of 1970, make a statement? until the end of the calendar year 1996, and section 102 (d) and (e) of the Congres- Mr. LOTT. Mr. President, reserving December 31. It has lapsed since that sional Budget Act of 1974 are repealed. the right to object, I would like to in- date until today. f quire. Is the Senator from Florida sug- So since January 1, 1996 until today, gesting that he would like to make a the tax has been in effect approxi- AIRPORT AND AIRWAY TRUST statement at this point in the RECORD? mately 4 months. It has been in a lapse FUND REINSTATEMENT ACT OF Mr. GRAHAM. I would like to make status for 10 months. Every day that 1997 a statement at this point in the this tax is not in effect reduces the rev- Mr. LOTT. Mr. President, I ask unan- RECORD prior to the disposition of this enue to the aviation trust fund by over imous consent that the Senate proceed matter. $15 million; approximately $500 million to the consideration of Calendar No. 19, Mr. LOTT. Mr. President, could I in- a month is lost to the support of safety H.R. 668. quire how long this might take? in the air because of our failure to keep Mr. SPECTER. Mr. President, reserv- Mr. GRAHAM. Approximately 10 this tax consistently, stably in place. ing the right to object, by the number, minutes. In light of that history, I ask again, I am not certain that this is the tax Mr. LOTT. Mr. President, I note the why today are we only enacting this bill. absence of a quorum. until September 30, 1997? Why are we Mr. LOTT. Mr. President, that is the The PRESIDING OFFICER. The not making this a permanent tax today airline ticket tax issue. clerk will call the roll. as it has been for most of its history? Mr. SPECTER. Mr. President, reserv- The legislative clerk proceeded to Well, Mr. President, I must sadly re- ing the right to object, we have had call the roll. port that we are doing this for exactly this discussion with the distinguished Mr. LOTT. Mr. President, I ask unan- the reason that we have gotten into a chairman of the Finance Committee, imous consent that the order for the $5.4 trillion national debt. Here to- Senator ROTH, and the distinguished quorum call be rescinded. night, in the middle of the debate on a

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1772 CONGRESSIONAL RECORD — SENATE February 27, 1997 balanced budget amendment to the hopes that that trust fund will help to a balanced budget amendment when Constitution of the United States, we make their period in the skies above we have often used the analogy with a are about to engage in what I consider America a safer experience. balanced budget that it is like a serial to be one of the more hypocritical ac- The fact is that we have removed $5 killer who has written on the wall, tions in terms of our real commitment billion of that safety over the last 14 ‘‘Stop me before I kill again,’’ that we to a balanced budget. months, and we are about to pass a bill need the balanced budget amendment What is the significance of having that is virtually guaranteeing that we to say, ‘‘Stop us before we commit def- this tax lapse on the 30th of Sep- will remove more of it. And we are icit again.’’ tember? The significance is that we are doing it solely, in my judgment, in Well, this is a good example of why going to count in our budget for the pe- order to be able to create a fictitious we will need that constitutional riod that will begin October 1, 1997, $6 $60 billion that we can then use in amendment because clearly we are not billion of revenue for the next 10 years, order to justify other spending—not showing that kind of discipline in or $60 billion of additional revenue spending in aviation but spending in adopting this legislation tonight. This based on the way in which the U.S. any area that we choose to do so, or re- is not a proud day for the Senate. It is Senate scores its legislation. The duction of taxes. If you want to know not a happy day for the U.S. taxpayers. House, which uses a 5-year rule, is why in the last 20 years we have added I hope that we can indicate to them going to score $30 billion of additional almost $4.5 trillion to the national that they will do better at some future revenue because we are allowing this debt, you are looking here tonight at date. I thank the Chair. tax to lapse on the 30th of September. an example of the very kind of ac- Mr. LOTT addressed the Chair. Mr. President, I know you are a counting gamesmanship that has got- The PRESIDING OFFICER. The ma- prominent business person and deal ten us into our current posture. jority leader. with complex financial matters. You It had been my original intention to Mr. LOTT. Mr. President, I renew my say, how can this be? What has actu- offer an amendment to this bill, as I unanimous-consent request to proceed ally happened in the last 14 months is, did in the Finance Committee, to ex- to the consideration of Calendar No. 19, we have lost $5 billion of real revenue. tend this bill at least to the end of the H.R. 668. Four percent of the Federal deficit for calendar year so that we would have an The PRESIDING OFFICER. Without fiscal year 1997 will be the loss of rev- opportunity to consider the October re- objection, it is so ordered. enue by allowing this ticket tax to port, make a reasoned judgment, and The clerk will report. lapse for 10 of the past 14 months. Yet, enact whatever permanent reforms we The legislative clerk read as follows: Mr. President, we are about to set up a want to enact without suffering an- A bill (H.R. 668) to amend the Internal Rev- process where it is almost guaranteed other lapse in revenue. enue Code of 1986 to reinstate the Airport to lapse again. However, I recognize at this late hour and Airway Trust Fund excise taxes, and for The reason we are doing it is because the chances of such an amendment other purposes. under our arcane budget rules, if the being successfully considered are nil. I The Senate proceeded to consider the tax is not in place as of the beginning also recognize the importance of get- bill. of the fiscal year, we can assume that ting this tax back in place as rapidly as Mr. MOYNIHAN. Mr. President, this it is all fresh, new revenue and there- possible so that we can stop the loss of is the first bill passed by the Com- fore we have found $60 billion in order the $5 billion. mittee on Finance in the 105th Con- to support other spending or to finance Now, some might say, isn’t it a good gress, and characteristically, it was tax reductions. It is no real additional idea to have this tax lapse for 10 of the adopted by unanimous vote. I would money. In fact, every expectation is last 14 months. Has that not resulted in point out that 6 of the 10 major pieces there will be less real money because a bonanza of savings to American com- of legislation reported by the Senate Finance Committee during the 104th there will be a hiatus in this tax after mercial aviation users? The fact is Congress also were passed unani- September 30. there has been some of that. Some air- mously. We are off to a good start in Why do I feel relatively confident, al- lines have, in fact, reduced their ticket the Finance Committee this year, and I though sadly so, that there will be a hi- price by the amount that was rep- hope we maintain this fine tradition atus in this tax after September 30, resented by the 10-percent tax which is under the able leadership of Senator 1997? The answer is because we have embedded in that price. Others have ROTH. virtually ordained that it shall be. Why not done so. So in some instances the We are here today because the taxes have we done so? Because last year we American flying consumer has paid the levied to finance the airport and air- passed an aviation reform bill, and in same amount for the ticket but has not way trust fund have expired. These that bill we provided that the Sec- received the benefit of investment in taxes largely support the operations of retary of Transportation and the Sec- the safety of our airways. our Federal Aviation Administration, retary of the Treasury would report to It will be my intention as soon as including our Nation’s air traffic con- the Congress on their collective rec- possible to introduce legislation that trol system. They also finance our air- ommendations as to what kind of per- will make this tax permanent and will port improvement program, providing manent method of taxation we should eliminate the ‘‘Perils of Pauline’’ that grant money for important airport use for commercial aviation. we have experienced first in August equipment and infrastructure improve- There is a dispute that has broken 1996 and now again in February 1997. ments. Collection of these taxes is crit- out between various segments of the One of the reasons that we are rush- ical to maintaining and improving our commercial aviation industry as to ing to enact this now is that the train national air transportation system and how the tax should be structured. The is almost at the ‘‘damsel in distress.’’ continuing to fund airport moderniza- interesting thing is that we are about The FAA has said that they are in a po- tion projects, aviation safety enhance- to pass a bill in which the tax will ex- sition now that within the next few ments, and airport security efforts. pire on September 30. When do you weeks, if not days, they will be in a po- On February 4, the Finance Com- think the report that we have already sition of having to send out notices to mittee held a hearing on the status of requested will be submitted to Con- aviation facilities across the country the trust fund, which we found to be gress? The answer is in October 1997. So that they cannot meet their obliga- critical. There is an unexpected short- we are not even going to get the report tions because the trust fund will have fall in the trust fund. The Treasury De- upon which we are supposed to make a been depleted. partment had transferred estimated judgment until after this tax has ex- For that reason, I do not believe it is trust fund excise tax receipts to the pired. prudent to add one additional absurd- trust fund based upon an assumption— I suggest we are virtually guaran- ity on top of the pile of absurdities now known to be inaccurate—regarding teeing that we will have yet another that are represented by our actions rel- the timing of tax receipts. The Treas- lapse in this tax, yet another hole in ative to this aviation tax over the last ury Department was required to re- the trust fund that millions of Ameri- 14 months. I regret that we are taking verse this transfer, and we are in- cans look to, albeit in a distant, ob- this action. I am afraid that it casts a formed that a correcting transfer of al- scure way, but they look to it with pall on our seriousness of commitment most $1.2 billion has been made.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1773 The trust fund will be depleted much games and start fulfilling one of gov- ity improvements. When we use these sooner than expected, which has con- ernment’s primary functions—pre- aviation revenues to offset spending sequences. FAA informs us that while serving the safety of the American peo- elsewhere in the budget, the American the air traffic control system will be ple. people rightfully question how we in- funded through the end of the fiscal Mr. MCCAIN. Mr. President, I rise tend to use their dedicated aviation year, funds for FAA capital programs today in strong support of the legisla- taxes. tion before us to reinstate the aviation will be depleted in March. If we do not More important, we should not play excise taxes, which support important act promptly, FAA will be forced to with this dedicated aviation revenue aviation safety and security improve- halt new airport improvement grants, stream, simply to take advantage of ments, as well as system capacity en- and to cancel contracts that are de- convoluted congressional budget proce- hancements. It is our duty to take ac- signed to improve airports and airway dures. The need for budget process re- tion now to restore this vital revenue systems in every part of the country. form is clear. I will continue to work stream. I commend the Finance Com- These programs could include better with my colleagues in the Senate to bomb detection equipment, improve- mittee for recognizing the urgency of this situation and moving the legisla- impress upon them the reality that it ments for better communication be- does not matter if revenues and appro- tween pilots and controllers, and safety tion forward on a fast track. priations are accounted for on different and security studies. The aviation excise taxes lapsed on The Finance Committee under Chair- December 31, 1996. Current estimates sides of the ledger. Even if the excise man ROTH’S leadership moved quickly. show that if we do not restore the avia- tax revenues are deposited in the trust One day after our hearing, we unani- tion trust fund taxes immediately, the fund, deficit pressures will reduce in- mously reported out a bill to extend trust fund balance will be insufficient centives to spend these funds for their the trust fund taxes through the end of to pay for the safety and security pro- dedicated purpose—aviation safety and the fiscal year, or September 30, 1997, grams we approved last year as part of capacity improvements. and to allow Treasury to transfer trust the Federal Aviation Reauthorization Budget process reform is a debate for fund tax receipts to the trust fund, no Act of 1996. The Federal Aviation Ad- a later date. Today, I rise in full sup- matter when the taxes are collected. ministration predicts, and budget offi- port of this legislation to reinstate the The House has now passed identical cials confirm, that under current cir- aviation excise taxes on a short term legislation. It therefore falls to us in cumstances capital spending on avia- basis to support critical aviation safety the Senate to pass this bill, promptly tion will come to a halt in March. We and security improvements. We must and without amendment, and to send it are clearly doing the right thing by ap- remain vigilant in seeing this legisla- to the White House for the President’s proving this legislation in these emer- tion through to enactment. Any fur- signature. gency circumstances. ther lapse in the taxes that support the Mr. HOLLINGS. Mr. President, I rise I am disappointed, however, that we trust fund would jeopardize safety-re- today in support of H.R. 668 which ex- could only agree to extend the current lated capital improvements, and shake tends the aviation ticket tax through tax structure for aviation improve- the public confidence in the Govern- the end of fiscal year 1997. This tax is ments until the end of September. I ment’s ability to safeguard the Na- essential to the day-to-day operation of fear we will face another tax lapse at tion’s air travelers. our Nation’s aviation system. Money that time, and risk jeopardizing the to improve, maintain, and run our air- trust fund sponsored programs again. We should all be held accountable for ports is wholly supported by fees paid The taxes for aviation safety and secu- not letting the excise taxes that sup- by the users of the air transportation rity should remain in place until we port our aviation system lapse in the system. It is not paid for by the taxes are ready to offer a suitable alternative future. It would be wrong and irrespon- we all pay on April 15. Air travelers to the current structure. Congress last sible for us to let the aviation trust paid for our airports in the form of a 10 year established the National Civil fund get caught up in our budget games percent ticket tax every time they flew Aviation Review Commission to study again. prior to December 31, 1996. That money and make recommendations along Mr. FORD. Mr. President, I want to has been going into the airport and air- these lines. The term of the tax exten- first thank Senator ROTH and Senator way trust fund, and the money is then sion should coincide with this process. MOYNIHAN, the entire Finance Com- disbursed through the appropriations Nevertheless, I endorse this legisla- mittee, and its staff, for acting quickly process. tion because my foremost priority on reinstating, for a short term, the We have told people to pay this tax, right now is restoring the viability of taxes that fund the Federal Aviation and we have told them we will then the trust fund. I realize that if the Sen- Administration [FAA]. Many of you spend it on airports and making im- ate successfully extended the term of may not be aware of how the FAA is provements to the air transportation the reinstatement beyond September, funded, or how critical its mission is to system. I know that there is a great the House would object. We would have our economy. need to refurbish our Nation’s airports. to take the issue up in conference, and The FAA receives its funds from two In South Carolina, I visit small air- thus delay resolution of a situation sources—the general fund and the airports and see the condition of the run- that has already reached critical mass. port and airway trust fund. The trust ways. Small airports cannot generate Realistically, we would probably end fund, up until December 31, of last the funds needed without the assist- up in a position no better than the one year, was supported by a series of ex- ance of the Federal Aviation Adminis- we are in today. tration, which provides the necessary That said, we should be clear about cise taxes—a 10 percent ticket tax, a money from the trust fund. one of the main reasons we are setting 6.25 percent freight waybill tax, a $6 Our problem now is that the ticket ourselves up for another lapse. The international departure tax, and two tax expired at the end of 1996. Due to dedicated aviation trust fund taxes noncommercial aviation fuel taxes. For budget games, the money that we have fallen victim to congressional Fiscal Year 1997, the appropriation for thought would be in the trust fund is budget games. The excise taxes that the FAA was $8.563 billion. A total of not there. Originally we were advised support our aviation system expired $3.1 billion comes from the general that the trust fund would be broke in late last year and late the year before, fund, and $5.3 billion from the trust July, but it will be depleted as early as following years of uninterrupted re- fund. March. If this situation is not cor- newal. Congress figured out that if it One thing many of us fail to really rected, millions of dollars in airport allows the aviation taxes to lapse, it comprehend is how important aviation modernization projects, aviation safety can reinstate the taxes later, and use is to our economy. We know that a safe enhancements, and airport security ef- the revenues to offset tax cuts or in- and efficient air traffic control system, forts will have to be delayed or termi- creased spending elsewhere in the and a well functioning FAA, are key nated. The obvious answer to this un- budget. components to our economy. The tenable situation is to reinstate the This is budget chicanery, pure and President recently recognized the im- aviation ticket tax, and that is why I simple. We should use the taxes paid by portance of aviation to our country by am supporting H.R. 668. I urge my fel- air travelers and shippers exclusively stepping in to stop a strike at Amer- low colleagues to quit playing budget for aviation safety, security and capac- ican Airlines.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1774 CONGRESSIONAL RECORD — SENATE February 27, 1997 Let me put some numbers out to ex- 13 members it is responsible for ap- funding needs of the FAA should be complain how critical aviation is—the pointing to the Commission despite the pleted and the work of the Commission must total annual impact of aviation to our fact that the reauthorization act was begin in earnest. Knowing of your commit- economy is $771 billion. That is a stag- signed into law nearly 5 months ago. ment to a safe and secure aviation system, we look forward to your swift action on this gering figure, but we all know that This Commission has very important matter. travel for business and travel for tour- responsibilities and it needs to begin Sincerely, ism are key components of our local its work soon. The exercise we are en- JOHN MCCAIN, economies. gaged in today clearly demonstrates Chairman. Failure to reinstate this tax will that need. SLADE GORTON, bring the FAA effectively to a halt. The Commission has a limited time Chairman, Aviation Yes, the air traffic controllers would be in which to complete its tasks and Subcommittee. paid, as would the other FAA staff. must begin its work immediately. In ERNEST F. HOLLINGS, Ranking Member. But, my colleagues should understand fact, an independent assessment of the WENDELL H. FORD, that no money—absolutely no money, funding needs of the FAA should be Ranking Member, would be available to buy new air traf- completed this week. The assessment Aviation Sub- fic control equipment and to fund air- was prepared specifically for the Com- committee. port development. mission s use. However, because the ad- Mr. LOTT. Mr. President, I wonder if This is not a simple problem. The ministration has failed to make any the distinguished chairman of the Com- FAA has under contract billions of dol- appointments, there probably will not merce Committee will yield for a ques- lars for new equipment. If the FAA is be a Commission to receive the assess- tion? not able to pay its contractors, it will ment. Mr. MCCAIN. Mr. President, I would have to give them adequate notice to The aviation leadership of the Com- be happy to yield to the distinguished shut down the programs. This means merce Committee wrote to the Presi- majority leader. more than not buying a piece of equip- dent on January 28 to request that he Mr. LOTT. I thank the Senator. As ment next week, but shutting down ex- take action to ensure that the commis- the chairman knows, the congressional isting programs underway. The lawyers sioners are appointed immediately. I leadership also has responsibility for will be suing each other for years. have also made Transportation Sec- appointing eight of the members of the I want to also state that last year, retary Slater aware on numerous occa- commission. I wanted to confirm my this body worked hard to pass an au- sions of the urgency of the Commission understanding of the congressional thorization bill for the FAA. As those appointments. leadership’s responsibility for making of you that were here will recall, we Mr. President, I ask unanimous con- appointments to the commission. Am I stayed in session an extra week to get sent that a letter to the President on correct in believing that the congres- that bill through. That bill was and is this subject from Senators GORTON, sional appointees were designed to en- important because it set a course for HOLLINGS, FORD, and myself be printed sure that the commission is not com- doing something different for the at this point in the RECORD. posed simply of people representing FAA—fundamentally changing the way There being no objection, the mate- just the views of the administration? it does business and how we fund that rial was ordered to be printed in the Mr. MCCAIN. The majority leader is agency. RECORD, as follows: absolutely correct. As mentioned in The long-term funding question re- U.S. SENATE, COMMITTEE ON COM- our letter to the President, the chief mains unanswered. To answer that MERCE, SCIENCE, AND TRANSPOR- sponsors of the FAA reauthorization question, this body voted to establish a TATION, bill wanted to be sure that the commis- Washington, DC, January 28, 1997. 21-member Commission. The work of sion was a balanced group. We fully ex- Hon. WILLIAM J. CLINTON, the Commission must move forward, The President, pected the administration to act very and it must be done expeditiously. The White House, quickly to appoint commissioners, so With reconciliation looming, any Washington, DC. that then the congressional leadership change in the current system—a new DEAR MR. PRESIDENT: As you know, the would have an opportunity to address tax system or a new user fee system— Federal Aviation Reauthorization Act of any perceived biases or omissions. must be worked out now. The entire 1996, Public Law 104–264, established the Na- Mr. LOTT. I appreciate your con- aviation industry must agree to how tional Civil Aviation Review Commission to firming my understanding of the intent address the two very important issues of much money the FAA needs, and who, aviation safety and long-term funding of the of the reauthorization act. Also, I join and how to pay for it. national air transportation system, particu- you in urging the administration to I know that many of my colleagues larly the Federal Aviation Administration. make its appointments without delay. share this view, and look forward to We worked closely with the Administration The commission must begin working working this matter out with them. to craft this legislation, and we appreciate on a long-term funding solution so that The lapse in the ticket tax and the the Administration’s support. However, the we can avoid such problems as we are uncertainty over funding, is something act set down a firm time line for the Com- addressing today. our high technology, safety organiza- mission to follow in accomplishing its many Mr. MCCAIN. I would like to thank tion—the FAA—cannot afford. Our con- tasks, including important issues related to the majority leader for providing me aviation safety. It is time now to move for- stituents and families cannot afford it ward and enable the Commission to do its this opportunity to clarify the matter either. work. of appointments to the National Civil Mr. McCAIN. Mr. President, I rise to Thirteen members of the Commission are Aviation Review Commission. His sup- discuss an important issue related to to be appointed by the Secretary of Trans- port and leadership have been instru- reinstatement of the aviation excise portation. Given the time constraints of the mental in the efforts of the Commerce taxes. Financing for the Federal Avia- act and the critical nature of the Commis- Committee to address the needs of the tion Administration [FAA], and for the sion’s duties, we hope that you will act National Aviation Transportation Sys- aviation safety and security initiatives swiftly to ensure the appointment of these commissioners. We expect that the Congres- tem. it supports, is an issue of critical im- sional leadership will move forward in con- At this point, I once again urge the portance in both the short and the long cert with the Administration in making its administration to assume responsi- term. That is why the last Congress es- own appointments. However, the leadership bility for making appointments to the tablished a process for achieving a has waited for the Administration to make a National Civil Aviation Review Com- long-term solution. move before it completes its appointments mission, so that the long-term funding The Federal Aviation Reauthoriza- so that Congressional appointees can provide needs of the FAA can be addressed. tion Act of 1996 created the National any needed balance in the composition of the Mr. FAIRCLOTH. Mr. President, on Civil Aviation Review Commission, and Commission. We urge you to take action to ensure that H.R. 668, had this been a rollcall vote, tasked it with developing specific legis- these commissioners are appointed as soon I would like for the RECORD to reflect lative proposals for long-term FAA as possible. The Commission has a great deal that I would have voted ‘‘no.’’ funding. Unfortunately, the adminis- to accomplish and time is running short. In No one is more supportive of aviation tration has failed to appoint any of the February, an independent assessment of the safety than myself. I have pointed out

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — SENATE S1775 on the Senate floor that I have actu- did. I think this is a wise move. It pro- a late-term child being pulled out, ally been in a plane crash. tects the safety of our air passengers. I mostly delivered, turned over, and then But, I oppose this measure because I thank the leader for his help in this the abortion performed. believe that the American people are matter. The lies he admitted to focus on taxed too much. Why is it that general Mr. LOTT. Madam President, I thank three major issues: No. 1, the number revenues, collected through income the Chair. of these abortions performed annually taxes, are not enough to cover such Mr. MOYNIHAN. Madam President, in the United States; No. 2, the phys- basic government services as safe may I just concur in those remarks. ical health of the mother and child in- skies. May I also report that the trust fund volved; and, No. 3, the timing of the Further, even if we were to impose began in the administration of Presi- majority of partial-birth abortions. such a fee, we should find offsetting dent Nixon, and our distinguished Sen- In an April 10, 1992, news conference spending and tax cuts so that we do not ator from Utah was the person who announcing his veto of a ban on this increase the tax burden on the Amer- managed the representation up on Cap- procedure, H.R. 1833, the Partial-Birth ican people. Regrettably, this effort itol Hill, from the Department of Abortion Ban Act, the President said, failed in the House of Representatives. Transportation. ‘‘This terrible problem affects a few Finally, this tax could be restruc- hundred Americans every year.’’ And f tured so that it does not punish trav- that has been continued to be claimed eling Americans, but such a report on MEASURE READ THE FIRST by a number of others. Yet, Mr. Fitz- restructuring is not due until October TIME—S. 378 simmons’ admission is different. In the of this year. New York Times he now says the ‘‘pro- For all of these reasons I oppose the Mr. LOTT addressed the Chair. The PRESIDING OFFICER. The ma- cedure is performed far more often ticket tax. than his colleagues have acknowl- Mr. LOTT. Madam President, I ask jority leader. Mr. LOTT. I understand that S. 378, edged, and on healthy women bearing unanimous consent the bill be consid- healthy fetuses.’’ introduced today by Senator THOMP- ered read a third time, passed, and the The Medical News story reports on SON, is at the desk, and I ask for its motion to reconsider be laid upon the an investigation done by the Record, a first reading. table. Bergen County, NJ, newspaper, and The PRESIDING OFFICER. The The PRESIDING OFFICER (Ms. COL- they stated this: LINS). Without objection, it is so or- clerk will report. The legislative clerk read as follows: The New Jersey paper reported last fall dered. that physicians at one facility performed an The bill (H.R. 668) was passed. A bill (S. 378) to provide additional funding estimated 3,000 abortions a year on fetuses Mr. LOTT. Madam President, I thank for the Committee on Governmental Affairs between 20 and 24 weeks of which at least the distinguished chairman from Dela- of the Senate. half are by intact D&E [dilation and evacu- ware for his efforts in this matter. I Mr. LOTT. I now ask for its second ation]. One of the doctors was quoted as say- think it is clearly the right thing to reading, and I object to my own re- ing, ‘‘We have an occasional amnio abnor- do. The alternative would have been a quest on behalf of Senators on the mality, but it’s a minuscule amount . . . catastrophe with our aviation pro- Democratic side of the aisle. most are for elective, not medical reasons; people who did not realize, or didn’t care, grams in this country. We did not real- The PRESIDING OFFICER. The bill how far along they were.’’ ly have any alternative, and I think we will be read a second time on the next The Washington Post investigation have taken the right step. The proof legislative day. turned up similar findings. that it is the right thing to do is that Mr. LOTT. Madam President, I yield I report that and put that forward it passed overwhelmingly in the House, the floor. here to the Senate, as this is an issue I think close to 370 votes perhaps, and f that is one of the front 10 Senate bills in the Senate, while there are some to face this body. It is a bill I hope we PARTIAL-BIRTH ABORTIONS reservations about it, we are able to can act on. It is a bill, passed last year move it with unanimous consent. Mr. BROWNBACK. Madam President, by both the House and Senate and ve- So I thank the leadership of the com- I would like to draw the Senate’s at- toed by the President, to ban this late- mittee. tention to a statement that was made Mr. MOYNIHAN. Will the majority term-abortion procedure, a procedure yesterday by an individual heavily in- that is an abhorrent procedure, op- leader yield for a comment? volved in the debate on partial-birth Mr. LOTT. I will be delighted to posed by virtually all American people. abortions. Like most Americans, I op- yield. Now we are finding out from some of pose partial-birth abortions. These lat- Mr. MOYNIHAN. Madam President, the leading people advocating on the est facts which have now come to light this is the first measure to be reported other side that they misrepresented— show that the defense of this indefen- from the Committee on Finance, and indeed, he said, ‘‘outright lied’’ about sible procedure has been built on some once again it was reported unani- the number and the timeframe as to outright lies. mously. In the last Congress, of the 10 when these were performed. Yesterday, Wednesday, February 26, major measures that came out under I hope we can move forward aggres- in the New York Times, there was a the leadership of Senator ROTH, 6 were sively and quickly on banning this pro- story that ran on page A–11, detailing unanimous, which speaks of his chair- cedure in America. And I hope the the admissions of Ron Fitzsimmons, manship and prudence and desire to en- President will reconsider, in light of the executive director of the National hance revenues. these factual statements, in light of Mr. LOTT. I am glad the Senator put Coalition of Abortion Providers. In the this information that is coming for- it so delicately, Madam President. course of that article, and in another ward from particular people involved The PRESIDING OFFICER. The Sen- published in the American Medical directly in the industry, and that he ator from Delaware. News dated March 3, Mr. Fitzsimmons will sign the bill this year, when we Mr. ROTH. Madam President, I would admits to lying, ‘‘through [his] teeth,’’ pass this, to ban this horrendous proce- just like to say to the distinguished during his defense of partial-birth abor- dure that has continued to be allowed majority leader, it would not have been tions, when he said that the procedure in our civilized country. possible to have gotten this through was used rarely and only on women I commend all Senators to read this unanimously without the active sup- whose lives were in danger or whose article that appeared yesterday in the port of the ranking member, and I pub- fetuses were damaged. New York Times, and the article I licly thank him for his contribution. ‘‘It made me physically ill’’ to make cited that is going to be appearing in I should also like to point out that these statements, he said. ‘‘I told my the Medical News. I think it will add what we did is exactly what was re- wife the next day, ‘I can’t do this new light to this situation, and, hope- quested by the administration. again.’ ’’ fully, we can move forward, united, to Mr. LOTT. Yes. The lies he admitted to focus on take away this terrible situation that Mr. ROTH. To carry it out until Sep- three major issues about partial-birth continues to happen in our country. tember 30. And that is exactly what we abortion, which is a terrible procedure, With that I yield the floor.

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1776 CONGRESSIONAL RECORD — SENATE February 27, 1997 PROGRAM IN THE COAST GUARD To be major Mr. BROWNBACK. Mr. President, for THE FOLLOWING REGULAR AND RESERVE OFFICERS IN JERRY A. COOPER, 0000 THE U.S. COAST GUARD TO BE PERMANENT COMMIS- ROSS P. GOERES, 0000 the information of all Senators, the SIONED OFFICERS IN THE GRADES INDICATED: WILLIAM R. KENT III, 0000 Senate will be in session tomorrow for BRADFORD LOYD, 0000 To be commander STEPHEN A. MAYS, 0000 a period of morning business. As an- CATHERINE M. KELLY ROBERT A. RENNICKER, 0000 RALPH T. SMART, 0000 nounced earlier, there will be no roll- To be lieutenant call votes during Friday’s session of DAVID G. TALABA, 0000 MONICA L. LOMBARDI MITCHELL L. HARVEY IN THE ARMY the Senate. The Senate will also be in MICHAEL E. TOUSLEY MARK A. HARRISON LATICIA J. ARGENTI ROBERT A. RINELLI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT session on Monday, for a period of TO THE GRADE INDICATED IN THE RESERVE OF THE THOMAS F. LENNON ERNESTO T. ROIG ARMY UNDER TITLE 10, UNITED STATES CODE, SECTION morning business. However, no rollcall SLOAN A. TYLER RICHARD T. TEUBNER 12203: votes will occur on Monday. DONALD A. LA CHANCE II ALBERT W. WYLIE Under the previous order, the Senate KAREN L. LLOYD To be colonel To be lieutenant (junior grade) will resume the balanced budget LARRY W. RACSTER, 0000 ROBERT M. HENDRY DARELL SINGLETERRY amendment on Tuesday. By order, a THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK S. YOUNG LAMAR V. JOHNSON TO THE GRADE INDICATED IN THE UNITED STATES AIR vote will occur on passage of the con- MICHAEL K. SAMS MARK D. GORDON FORCE UNDER TITLE 10, U.S.C., SECTION 624: stitutional balanced budget amend- MARK S. GILL RICHARD A. GRIMM CHRISTOPHER CURATILO ROCKY L. COLE To be colonel ment on Tuesday, at 5:15 p.m. For the WILLIAM D. BELLATTY JASON A. MERRIWEATHER BARRY S. ABBOTT, 0000 LESLIE W. CLAYBORNE PATRICK J. ST. JOHN information of my colleagues, that will CANDACE C. ABBOTT, 0000 DENNIS J. O’MARA JEFFREY A. JANSZEN DOUGLAS E. ACKLIN, 0000 be the next rollcall vote. KEVIN G. MORGAN LLOYD A. MALONE, JR. ANTHONY J. ADAMICK, 0000 JOHN K. PARK VERNON E. GRAIG f MICHAEL P. AEILLO, 0000 SCOTT A. BEAUREGARD CLAIRMONT A. AUSTIN ROBERT R. ALLARDICE, 0000 HECTOR A. AVELLA JAMES B. MORAN, JR. APPOINTMENT BY THE MAJORITY CRAIG R. ALLEN, 0000 MICHAEL A. MACON NICHOLAS R. KOESTER C.D. ALSTON, 0000 LEADER DAVID L. GARRISON, JR. STEVEN J. SAGER DAVID N. ANDERSON, 0000 CHERI BENIESAU BURT A. LAHN HOWARD P. ANDRUS, JR., 0000 The PRESIDING OFFICER. The EDWIN W. PARKINSON III JAMES A. HEALY THOMAS D. ARDERN, 0000 Chair, on behalf of the majority leader, STEVEN A. MAGARO MICHAEL E. KASZUBA JAMES E. NOE, III PAMELA A. ARIAS, 0000 THERESA L. TIERNEY JOHN A. ARRIGO, 0000 pursuant to Public Law 93–415, as SHANNAN D. BROWN JESS P. LOPEZ THOMAS W. MCDEVITT ARTHUR E. BAER, JR., 0000 amended by Public Law 102–586, an- CHARLES E. JOHNSON CAROLYN M. BALVEN, 0000 SAMUEL J. GOSWELLEN ROBERT L. SEALE III nounces the appointment of Michael W. ROBERT S. BLANCHARD JOHN A. BARTON, 0000 STEPHEN D. JUTRAS BROOKS L. BASH, 0000 McPhail, of Mississippi, to the Coordi- TRISTE A. PERCIVAL JAMES R. LANGEVIN GREGORY STANCLIK MICHAEL J. BASLA, 0000 QUENTIN C. KENT III CARLA D. BASS, 0000 nating Council on Juvenile Justice and JEAN M. TIERNEY MICHAEL C. LONG MICHAEL E. PLATT RONALD L. BEAN, 0000 Delinquency Prevention. BRYAN E. DAILEY PATRICK W. CLARK JAMES D. BEASON, 0000 KATHRYN C. DUNBAR BRANDON D. JONES FRANK E. BEATY, 0000 f DAWN M. KALLEN MICHAEL D. EVANISH JOSEPH C. BEBEL, 0000 PATRICK W. MC MAHON MICHAEL A. ARGUELLES DAVID R. BEECROFT, 0000 MEASURE PLACED ON THE KENNETH S. KOSTECKI CHARLES W. TENNEY SCOTT W. BERRY, 0000 BRYAN R. BENDER CALENDAR—S.J. RES. 18 FRANCISCO S. REGO DAVID F. BIRD, JR., 0000 PAUL R. BISSAILLON PATRICK B. OATES STEVEN A. BITLER, 0000 WARREN J. RUSSELL Mr. BROWNBACK. Madam President, FREDERICK R. READ GARY L. BLEDSOE, 0000 ERIC J. GANDEE ANTHONY J. ALAIRD RONALD R. BLICKLEY, 0000 I ask unanimous consent that Senate FRANCIS COLANTONIO, JR. PATRICK J. MURPHY JANET C. BLOOM, 0000 Joint Resolution 18 be placed on the RANDALL J. NAVARRO IAN R. KIERNAN MARK S. BORKOWSK, 0000 calendar. ROBERT L. SMITH, JR. JOHN P. SHERLOCK JEFFREY S. BOULWARE, 0000 The PRESIDING OFFICER. Without GERALD D. SLATER MICHAEL A. SMITH JOHN P. BOWLER, 0000 LAWRENCE C. GOERSS STEPHEN H. OBER THOMAS L. BOWLEN, 0000 objection, it is so ordered. SEAN P. REGAN DALE C. FOLSOM PAUL D. BRADEN, 0000 JEROME F. SINNAEVE TIMOTHY E. DARLEY WILLIAM T. BRADEN, 0000 f MARK G. PHIPPS JAMES F. MILLER WILLIAM W., BRADLEY, JR., 0000 CHARLES G. SMITH JOHN M. SEDWICK CLIFTON L. BRAY, JR., 0000 ORDERS FOR FRIDAY, FEBRUARY CAREY L. HIXSON LEONARD A. JONES TED A. BREWER, 0000 28, 1997 STEVEN A. LANG CAROL L. MC CARTHER ROBERT B.BREWSTER, 0000 VINCENT E. PATTERSON MICHAEL S. LOY JEFFREY S. BROWN, 0000 Mr. BROWNBACK. Madam President, JEFFREY F. CRANE DARYL R. PELOQUIN THOMAS D., BROWN, JR., 0000 SCOTT X. LARSON ANTHONY J. NYGRA FRANCIS M. BRUNO, 0000 I ask unanimous consent that when the JERRY A. HUBBARD ZACHARY H. PICKETT RAYMOND T. BULL, 0000 Senate completes its business today it JOHN A. THOMPSON CHRISTOPHER R. KAPLAN JAMES A. BUNYARD, 0000 BENJAMIN A. BENSON GEOFFRY D. OWEN BOYCE B., BURLEY III, 0000 stand in adjournment until the hour of DANIEL J. HIGMAN GREGG G. KELLY JAMES R. BURLING, JR., 0000 10 a.m. on Friday, February 28. I fur- STEPHEN G. LEFAVE GARY F. BALL KEVIN P. BURNS, 0000 WILLIAM J. DEGREE NICOLE S. GIRARD PAUL F. CAPASSO, 0000 ther ask, immediately following the RALPH L. BENHART, JR. RICHARD L. JUNG STEVEN R. CAPENOS, 0000 prayer, the routine requests through NANCY J. TRAUX ROBERT M. SCHAMBIER HERBERT J. CARLISLE, 0000 STUART M. SOCKMAN STEVEN J. PRUYN CHARLES G. CARPENTER, 0000 the morning hour be granted and there GARY K. POLASKI GEOFFREY J. WARREN FLOYD L. CARPENTER, 0000 then be a period of morning business THOMAS S. WAGNER MATTHEW R. WALKER STEPHEN R. CARR, 0000 GREGORY M. RAINEY KEITH A. OVERSTREET RICHARD M. CHAPIN, 0000 with Senators to speak for up to 5 min- BRYAN L. DURR JOHN M. MARIAN RANDALL W. CHAPMAN, 0000 utes each, except for the following: DOUGLAS C. DIXON Christopher D. EDD P. CHENOWETH, 0000 JOSEPH E. DEER III Beltrand ALLAN D. CHILDERS, 0000 Senator THOMAS for up to 30 minutes, BION B. STEWART II Eugene E. Johnson CRAIG T. CHRISTEN, 0000 Senator DASCHLE or designee for up to DAVID W. SAUNDERS Thomas A. Griffitts LANCE D. CHRISTIAN, 0000 BENJAMIN L. SMITH II Tung T. Ly KENNETH A.CINAL, 0000 30 minutes, Senator HAGEL for 10 min- JOHN A. BRENNER Edwin Diaz-Rosario JAY L. CLARK, 0000 utes, Senator LIEBERMAN for 10 min- RICHARD W. CONDIT Michael R. Guerin ROY A. CLELAND, 0000 JUAN LOPEZ James M. Reilly ROBERT M. CLOWERS, 0000 utes, Senator REID for 15 minutes. RICHARD O. ELLIS Edward C. Newman DOUGLAS R. COCHRAN, 0000 The PRESIDING OFFICER. Without CORNELL I. PERRY, JR. Arthur R. Shuman III ROBERT A. COE, 0000 JAMES V. ROCCO RONALD W. REUSCH DONALD C. COLEMAN, 0000 objection, it is so ordered. JOHN D. COLLIER, 0000 IN THE AIR FORCE DONAL J. COLLINS, 0000 f WILLIAM M. COLLINS, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT JOHN M. COPELAND, 0000 TO THE GRADES INDICATED IN THE U.S. AIR FORCE ADJOURNMENT UNTIL 10 A.M. ROGER T. CORBIN, 0000 UNDER TITLE 10, UNITED STATES CODE, SECTIONS TOMORROW JOHN O. COWAN, 0000 To be colonel MICHAEL D. CRANE, 0000 Mr. BROWNBACK. If there is no fur- GREGORY C. CRYSTAL, 0000 ther business to come before the Sen- JOHN L. BUSH, 0000 JOHN R. CULCLASURE, 0000 RICHARD W. COMLEY, 0000 JOHN C. CULPEPPER, 0000 ate, I now ask the Senate stand in ad- JAMES M. KEAGLE, 0000 PAUL W. CURTIS, 0000 journment under the previous order. JAMES P. KIPPERT, 0000 CHARLES CZARNIECKI, 0000 GARRY W. MATHESON, 0000 JOHN M. DAILEY, 0000 There being no objection, the Senate, KENT M. MCLEAN, 0000 MICHAEL C. DAMRON, 0000 at 7:16 p.m, adjourned until Friday, MICHAEL J. NICHOLS, 0000 THOMAS L. DARNER, 0000 To be lieutenant colonel JOEL D. DAVID, 0000 February 28, 1997, at 10 a.m. GERALD D. DAVIDSON, 0000 JEFFERY C. BRENTON, 0000 CHARLES R. DAVIS, 0000 f DOUGLAS B. DYER, 0000 JAMES S. DAVIS, 0000 CLYDE M. EGGETT, 0000 MICHAEL K. DEACY, 0000 NOMINATIONS SAMUEL P. FYE, 0000 RICHARD P. DEAVEL, 0000 Executive nominations received by CHARLES W. HORTON, 0000 MICHAEL E. DEHART, 0000 DANIEL E. JOHNSON, 0000 PAUL A. DETTMER, 0000 the Senate February 27, 1997: WILLIE B. TOMONY, 0000 HARRY J. DEVAULT, 0000

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RICHARD T. DEVEREAUX, 0000 DENNIS M. KAAN, 0000 DEAN C. RODGERS, 0000 FRANTZ DEWILLIS, 0000 JEFFREY P. KALOOSTIAN, 0000 WILLIAM H. ROEGE, 0000 GARY W. DILK, 0000 EDWARD L. KASL, 0000 MARIANNE R. ROGERS, 0000 DANIEL R. DINKINS, JR., 0000 KARL A. KASZUBA, 0000 PAUL M. ROJKO, 0000 SHARON R. DISLER, 0000 JAMES D. KELLEY, 0000 PATRICK M. ROSENOW, 0000 ROBERT D. DORSEY, 0000 TERRILL L. KEMP, 0000 JAMES A. ROWE, 0000 WILLIAM K. DOTY, JR., 0000 KEVIN G. KENKEL, 0000 DANIEL J. RUNYAN, 0000 GAIL R. DUKE, 0000 JAMES S. KENT, 0000 DONALD E. RYAN JR., 0000 DAVID D. DYCHE, 0000 OLEN S. KEY, 0000 MICHAEL Y. RYAN, 0000 DANIEL R. EAGLE, 0000 CAROL D. KING, 0000 JAMES T. RYBURN, 0000 JOHN L. EASLEY, 0000 RICHARD A. KNISELEY, 0000 PHILLIP M. SABREE, 0000 JEFFREY W. EBERHART, 0000 DONALD T. KNOWLES, 0000 WALTER W. SAEGER JR., 0000 STEVEN R. EDDY, 0000 RAYMOND O. KNOX, 0000 DAVID A. SARVER, 0000 JOHN R. EDINGER, 0000 THOMAS J. KOCH, 0000 ROBERT K. SAXER, 0000 JACK B. EGGINTON, 0000 PER A. KORSLUND, 0000 WALTER J. SCHELL, 0000 DAVID W. EIDSAUNE, 0000 JOSEPH E. KUBACKI, 0000 ROGER A. SCHILL, 0000 JAMES K. EKEN, 0000 DAVID KUHNS, 0000 CHARLES E. SCHMELING, 0000 RICHARD K. ELDARD, 0000 JEFFREY A. KWALLEK, 0000 DANIEL E. ELDRIDGE, 0000 DAVID A. LAFAVE, 0000 STEPHEN D. SCHMIDT, 0000 JACK H. ELDRIDGE, 0000 HORACE L. LARRY, 0000 JACK C. SCHOFIELD, 0000 GUS G. ELLIOTT, JR, 0000 ELISABETH A. LEASURE, 0000 JOANNE S. SCHOONOVER, 0000 ELIZABETH A. ENAS, 0000 RONALD LEE, 0000 LARRY G. SCHULTZ, 0000 THOMAS D. ENTWISTLE, 0000 ERWIN F. LESSEL, III, 0000 MARK D. SCHULTZ, 0000 ROBERT D. ESKRIDGE, 0000 DOUGLAS R. LINCOLN, JR., 0000 JAMES R. SCHUMACHER, 0000 DAVID G. ESTEP, 0000 DAVID C. LOEWER, 0000 DAVID J. SCOTT, 0000 DANIEL L. FALVEY, 0000 THOMAS C. LORIMER, 0000 RICHARD A. SEARFOSS, 0000 STEPHEN F. FARRY, JR., 0000 DONALD LUSTIG, 0000 CYNTHIA L. SEGERSTEN, 0000 GREGORY A. FEEST, 0000 JEROME S. MACKEN, 0000 WILLIAM W. SELAH, 0000 THOMAS P. FINNEGAN, 0000 MICHAEL M. MAHAR, 0000 GARY R. SELIN, 0000 MICHAEL S. FITZ, 0000 TIMOTHY J. MALLOY, 0000 PAUL J. SELVA, 0000 DAVID L. FLEMING, 0000 LEMUEL F. MARLOW, 0000 THOMAS D. SHEARER, 0000 LEO FLORICK, 0000 MICHAEL C. MARRO, 0000 WILLIAM B. SHIELDS, 0000 ALFRED K. FLOWERS, 0000 FRANCES C. MARTIN, 0000 WILLIAM J. SHIREY, 0000 JAMES M. FORD, 0000 MATTHEW F. MARTORANO, 0000 STEVEN D. SHIRLEY, 0000 PATRICIA M. FORNES, 0000 BOBBY GRAHAM MATHIS, 0000 JOHN C. SIDES, 0000 NEAL I. FOX, 0000 DENNIS M. MATTHEWS, 0000 STANLEY P. SIEFKE, 0000 WALTER FRANT, 0000 JOSEPH A. MAY, 0000 MARTIN J. SIEROCKI, 0000 KENNETH M. FREEMAN, 0000 EDWARD D. MAYFIELD, 0000 JIMMIE L. SIMMONS, JR., 0000 GREGORY B. FRICK, 0000 DENNIS M. MC CARTHY, 0000 NICHOLAS A. SIPOS, 0000 MARK W. FRY, 0000 WILLIAM N. MC CASLAND, 0000 MARK H. SKATTUM, 0000 MYRNA L. FULLER, 0000 FAYNE A. MC DOWELL, 0000 THOMAS C. SKILLMAN, 0000 RANDAL D. FULLHART, 0000 WILLIAM L. MC GILL, 0000 MARK T. SMITH, 0000 TIMOTHY D. GANN, 0000 JAMES F. MC GOVERN, JR., 0000 CHARLES E. SNAVELY, 0000 PATRICK J. GARCIA, 0000 RICHARD A. MC INTOSH, 0000 JOHN A. SNIDER, 0000 RAY T. GARZA, 0000 STEPHEN J. MC NAMARA, 0000 RANDALL L. SOILEAU, 0000 JOHN F. GAUGHAN, II, 0000 MICHAEL J. MC PHAIL, 0000 MARK S. SOLO, 0000 JONATHAN D. GEORGE, 0000 CRAIG R. MC PHERSON, 0000 KATHLEEN M. SPATOLA, 0000 PETER W. GEURTZ, 0000 CRAIG S. MENSCHNER, 0000 JAMES W. SPENCER, 0000 KRIS D. GIANAKOS, 0000 RONNE G. MERCER, 0000 KEVIN K. SPRADLING, 0000 RICHARD M. GIBALDI, 0000 CARMEN M. MEZZACAPPA, 0000 MARK E. STEARNS, 0000 FREDERICK C. GILBERT, 0000 CHRISTOPHER D. MILLER, 0000 CARL A. STEEL, 0000 ANDREW G. GILMORE, 0000 DOUGLAS L. MILLER, 0000 JAMES A. STEVENS, 0000 LEE GLASER, 0000 MICHAEL M. MILLER, 0000 RICHARD A. STEVENS, 0000 EDWARD O. GOEHE, 0000 EDDIE R. MIMS, JR., 0000 WILLIAM P. STEWART, JR., 0000 ADRIAN GOMEZ, 0000 DARPHAUS L. MITCHELL, 0000 MARK D. STILL, 0000 JOHN C. GOODMAN, 0000 THOMAS C. MOE, 0000 FREDERICK R. STRAIN, 0000 JEFFREY S. GORDON, 0000 EDWARD J. MONAHAN, 0000 JON E. STROBERG, 0000 FRANK GORENC, 0000 JOE S. MORALES, 0000 DONNA J. STROMECKI 0000 LOWELL E. GRAHAM, 0000 RANDY E. MORRIS, 0000 MICHAEL P. SULLIVAN 0000 STEVEN GRAHAM, 0000 WILLIAM E. MOSELEY, 0000 JAMES O. SUTTON III 0000 ANTIONETTE L. GREEN, 0000 HAROLD W. MOULTON II, 0000 RICHARD W. TAYLOR 0000 SANDRA A. GREGORY, 0000 JOSEPH F. MUDD, JR., 0000 CHARLIE A. TEMPLETON 0000 THOMAS E. GRIFFITH, 0000 KENT A. MUELLER, 0000 SAM C. THERRIEN 0000 REYES GUERRA, 0000 LINDA S. MURNANE, 0000 PATRICK J. THOMAS 0000 MARK A. GUNZINGER, 0000 WILLIAM P. MURRAY IV, 0000 DARRYL W. THOMPSON 0000 PAUL F. GUZOWSKI, 0000 DAVID T. NAKAYAMA, 0000 FREDERICK H. THOMPSON 0000 DALE R. HANNER, 0000 CURTIS V. NEAL, 0000 RICHARD W. TOBIN, II 0000 WILLIAM E. HANSON, 0000 JOSE A. NEGRON, JR., 0000 THOMAS P. TOOLE 0000 RICHARD C. HARDING, 0000 PAUL M. NEIHEISEL, 0000 ROBERT L. TRAPP 0000 DONALD L. HARGARTEN, 0000 JOHN M. NEILL, 0000 DAVID M. TRASK 0000 ROBERT H. HASELOFF, 0000 KATHLEEN J. NEVIN, 0000 ROBERT K. TRAYLOR 0000 CHARLES W. HASSKAMP, 0000 MICHAEL J. NEWELL, 0000 JOE E. TYNER 0000 MICHAEL L. HAUSER, 0000 MARK J. NICHOLS, 0000 HUGO S. VALDIVIA 0000 RONNIE DAVOSE HAWKINS, JR. 0000 DAVID R. NOBLE, 0000 MICHAEL R. VANHOUSE 0000 ERNST K. HAYNES, 0000 JONATHAN C. NOETZEL, 0000 CHARLES S. VOELKER 0000 MICHAEL W. HAZEN, 0000 RONALD J. NORMAN, 0000 CONRAD M. VONWALD 0000 MICHAEL G. HAZENFIELD, 0000 JONATHAN S. NORWOOD, 0000 STEVEN P. WACHOLTZ 0000 WILLIAM J. HEINEN, 0000 ANDREW E. NOTESTINE II, 0000 CHRISTOPHER J. WALECKA 0000 DONALD W. HENNEY, III, 0000 GREGORY J. O BRIEN, 0000 LARRY R. WALKER 0000 DAVID R. HENSLEY, 0000 RICK E. ODEGARD, 0000 CLINTON G. WALLACE 0000 JOHN S. HEUMANN, 0000 DANNY R. OHNESORGE, 0000 CARY R. WALLINGTON 0000 DARRYL H. HICKMAN, 0000 GEORGE T. O NEAL, 0000 BRADFORD E. WARD 0000 ALVIN L. HICKS, 0000 WILLIAM B. OSBORNE, 0000 JAMES H. WEIDNER 0000 TED A. HILBUN, 0000 MICHAEL F. O SHEA, 0000 NORMAN A. WEINBERG 0000 STANLEY L. HILL, 0000 HANS J. OTTEN, 0000 GARY C. WEST 0000 EVAN J. HOAPILI, 0000 ALLAN D. OVERBEY, 0000 JOHN M. WEST 0000 MICHAEL J. HOELZEL, 0000 THOMAS C. OWSKEY, 0000 JOHN M. WESTON 0000 LEE V. HOFFMAN, JR., 0000 JAMES V. PAINTER, 0000 CHARLES M. WHITEHURST 0000 ERIC H. HOGANSON, 0000 JOHN W. PASSEY, 0000 KENNETH L. WHITLEY 0000 JAMES R. HOLADAY, 0000 JAMES C. PATCH JR., 0000 JAMES A. WHITMORE 0000 EDWARD C. HOLLAND, III, 0000 BRUCE L. PATERSON, 0000 STEPHEN S. WHITSON 0000 MARK A. HOMRIG, 0000 MICHAEL S. PETERS, 0000 CLARK P. WIGLEY 0000 DONALD L. HOOVER, 0000 STEPHEN J. PITOTTI, 0000 CHARLEY L. WILLIAMS 0000 BILLY J. HOPPE, 0000 JAMES E. PORTER, III, 0000 PAUL WILLIAMS 0000 ROBERT W. HUGHES, 0000 JOHN M. POUTIER, 0000 PAUL S. WILLIAMS 0000 LUCY E. HURLBUT, 0000 RAFAEL PUBILLONES, 0000 WILLIAM J. WILLIAMS 0000 JAMES R. HUTCHINSON, 0000 DAVID V. PULLIAM, 0000 DAVID WILLIAMSON 0000 THOMAS W. HYDE, 0000 WILLIAM R. QUINN, 0000 DANNY S. WILMOTH 0000 MICHAEL J. ILTIS, 0000 DOUGLAS L. RAABERG, 0000 WALTER W. WILSEY II, 0000 RICHARD J. INGENLOFF, 0000 RAYMOND R. RANDALL, 0000 JOE D. WILSON 0000 DAN A. ISBELL, 0000 STEVEN W. RAPP, 0000 STUART E. WILSON 0000 ROBERT B. IVERSON, 0000 RODERICK D. REAY, 0000 STEPHEN A. WOJCICKI, 0000 RANDAL K. JAMES, 0000 MICHAEL S. REESE, 0000 CRAIG WOLFENBARGER, 0000 RANDALL L. JAMES, 0000 ROBERT S. REESE, 0000 ROBERT E. WOOD, 0000 GORDAN R. JANIEC, 0000 JOSEPH M. REHEISER, 0000 ROBERT J. WOOD, 0000 DAVID S. JANIK, 0000 MICHAEL J. RENNER, 0000 STEPHEN K. WOODS, 0000 GRAIG L. JARVIS, 0000 WILLIAM J. REW, 0000 STEVEN L. WOOLF, 0000 DAVID J. JOHNSON, 0000 JOHN F.C. RHOADES JR., 0000 STEPHEN E. WRIGHT, 0000 ELWOOD K. JOHNSON, JR., 0000 WALTER E. RHOADS, 0000 MICHAEL M. WYKA, 0000 JAMES S. JOHNSON, 0000 RONALD P. RICHARDSON, 0000 TERRENCE J. YOUNG, 0000 NORMAN E. JOHNSON, 0000 JOHN E. RICHEY, 0000 NICHOLAS F. ZUNIC III, 0000 WAYNE M. JOHNSON, 0000 NORMAN R. RIEGSECKER JR., 0000 MARK F. JOHNSTON, 0000 TOMMY M. RISENHOOVER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DUANE A. JONES, 0000 ANNA S. RIVERS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR FRASER B. JONES, JR., 0000 WILLIAM P. ROBB, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED DANIEL W. JORDAN, III, 0000 RANDY D. ROBERTS, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS JAN M. JOUAS, 0000 THOMAS S. ROBERTS, 0000 624 AND 531:

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 9801 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1778 CONGRESSIONAL RECORD — SENATE February 27, 1997 To be major DAVID J. DUSSEAU, 0000 *JAY W. MOUNKES, 0000 *JULIA P. ECKART, 0000 *PHILIP G. MOWRY, 0000 *MITTY J. ALEXANDER, 0000 STEVEN J. EHLENBECK, 0000 *WILLIAM E. MOXLEY, 0000 *MICHAEL J. ANDERSEN, 0000 *DAVID A. EVERS, 0000 *ISSAC J. NEHUS, 0000 *LAWRENCE M. ANDERSON, 0000 *CELESTE R. GAMACHE, 0000 *MARGO S. NEWTON, 0000 *THERESA M. GERRITZEN, 0000 *SARITHA R. ANJILVEL, 0000 *MICHAEL J. OSULLIVAN, 0000 KENNETH A. ARNOLD, 0000 *RUPINDER S. GILL, 0000 *MARGERETTA A. OVERLY, 0000 *RENEE T. BENNETT, 0000 *RONALD J. GOODEYON, 0000 *DONNIE W. BETHEL, 0000 *SARA A. GUENTHER, 0000 *JEFFREY S. PALMER, 0000 *SCOTT K. BRADSHAW, 0000 *AMY A. HARDMAN, 0000 *REBECCA E. PEARSON, 0000 *KENNETH W. BULLOCK, 0000 *ERIN C. HOGAN, 0000 PERRY J. PELOQUIN, 0000 BARBARA L. BURGESS, 0000 TERESA K. HOLLINGSWORTH, 0000 *PAMELA T. PERRY, 0000 *JAMES R. CANTRALL, 0000 *DARLA W. JACKSON, 0000 JAMES B. ROAN, 0000 *TODI S. CARNES, 0000 *GARY M. JACKSON, 0000 *JORGE H. ROMERO, 0000 *GUILLERMO R. CARRANZA, 0000 JOSEPH D. JACOBSON, 0000 *JEFFREY P. RUDE, 0000 *DAVID S. CASTRO, 0000 *TARA R. JENNER, 0000 *VERNOLA A. SCHLEGEL, 0000 *LOUIS J. CHERRY, 0000 *MICHAEL E. JONASSON, 0000 *GLENN W. SEBESTA, 0000 KERIC B. O. CHIN, 0000 PHILLIP J. KAUFFMAN, 0000 STEPHEN M. SHREWSBURY, 0000 *ROBERT H. CHRISTIAN, 0000 *DAVID A.G. KENDRICK, 0000 *JEFFREY J. SLAGLE, 0000 *STEVEN E. CONEY, 0000 *JOSEPH P. KINLIN, 0000 *MARK S. TESKEY, 0000 *DOUGLAS P. CORDOVA, 0000 *SIGURDS M. KROLLS, 0000 *THOMAS J. COUTURE, 0000 *BRENT H. LANDIS, 0000 KENNETH M. THEURER, 0000 *DOUGLAS B. COX, 0000 *GREGORY E. LANG, 0000 *BETH A. TOWNSEND, 0000 *JOHN A. COX, JR., 0000 *KIMBERLY A. LUDWIG, 0000 *LISA L. TURNER, 0000 *DAVID S. DALES, 0000 PETE R. MARKSTEINER, 0000 *DONNA M. VERCHIO, 0000 *EDWIN H. DANIEL, JR., 0000 *TIMOTHY D. MATHENY, 0000 *THOMAS R. WILLIAMS III, 0000 *KIRK L. DAVIES, 0000 *TERRY L. MCELYEA, 0000 *LISA A. WINNECKE, 0000 *RICHARD D. DESMOND, 0000 *MICHAEL L. MCINTYRE, 0000 *SANDRA M. WOZNIAK, 0000 *STEVEN J. DUNN, 0000 *PATRICK W. MOUDY, 0000 THOMAS F. ZIMMERMAN, 0000

VerDate Mar 15 2010 22:27 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 9801 E:\1997SENATE\S27FE7.REC S27FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 27, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E339 EXTENSIONS OF REMARKS

INTRODUCING THE BALANCED Federal Reserve and four private citizens (6) Tax cuts/Investment: Tax cuts and/or BUDGET ENFORCEMENT ACT OF nominated by House and Senate party lead- investment policies can be enacted if they 1997 ers. The Board must choose either CBO’s or are paid for. OMB’s estimates of how much deficit reduction is needed in that Session. The Board’s f HON. PETER J. VISCLOSKY choice would be binding on the President and OF INDIANA Congress, so that the deficit reduction re- IN HONOR OF BRIDGET MCGLYNN: quirement for each would be identical. Fi- IN THE HOUSE OF REPRESENTATIVES FOR SELFLESS DEDICATION TO nally, the Board would meet again after ad- THE IRISH-AMERICAN COMMU- Thursday, February 27, 1997 journment to pick either CBO’s or OMB’s estimates of how much deficit reduction was NITY OF BAYONNE Mr. VISCLOSKY. Mr. Speaker, today, I am actually accomplished by Congress during joined by our colleague, Representative CHAR- the Session. LIE STENHOLM, in introducing the Balanced (3) Requirement of President to Submit HON. ROBERT MENENDEZ Budget Enforcement Act of 1997. This legisla- Balanced Budget: The President must pro- OF NEW JERSEY tion, which was originally introduced by former pose a budget that will reach balance by 2002. IN THE HOUSE OF REPRESENTATIVES Further, the President’s budget must use the chairman of the Budget Committee, Leon Pa- Thursday, February 27, 1997 netta, would put in place tough, new measures assumptions chosen by the Board of Esti- mates, meet all discretionary caps and enti- Mr. MENENDEZ. Mr. Speaker, I rise today to reform the budget process and eliminate tlement/revenue deficit reduction targets, the Federal budget deficit by the year 2002. to pay tribute to an outstanding woman, and achieve balance in 2002 and each year Bridget McGlynn, for her dedication to the It would do so by using a unique combina- thereafter, and be voted on by Congress. tion of an annual cap on appropriations, rec- (4) Requirement of Budget Committees to Irish-American community in Bayonne. Mrs. onciliation, and sequestration, to pressure the Report Balanced Budget: Likewise, the con- McGlynn, grand marshall of the 1997 Bayonne President and the Congress to achieve annual gressional budget resolution must lay out a St. Patrick's Day Parade, will be honored at a deficit reduction goals, resulting in a balanced plan to reach balance by 2002. In addition, brunch on March 2 at the Hi-Hat Caterers in budget resolutions must use the estimating budget in 2002 and each year thereafter. Un- Bayonne, NJ. assumptions chosen by the Board of Esti- Mrs. McGlynn's wondrous journey in com- like similar pieces of legislation designed to mates, meet all discretionary caps and enti- produce a balanced budget, the Balanced tlement/revenue deficit reduction targets, munity involvement began in her native Ire- Budget Enforcement Act contains no loop- and achieve balance by 2002 and each year land. Originally from County Leitrim, she com- holes, and is designed to reward committees thereafter. pleted her education at nursing school in Eng- which meet their deficit-reduction responsibil- (5) Enforcement: A. Discretionary sav- land. Upon emigrating to the United States in ings—Appropriations. The discretionary sav- 1952, Mrs. McGlynn commenced her career ities. A more detailed summary of the legisla- ings will be achieved by keeping appropriation appears after these remarks. as a registered nurse at St. Francis Hospital in tions bills within an annual cap, and en- New York City. Countless patients have bene- Like many of my colleagues, I am extremely forced by across-the-board sequestrations of concerned that we have failed to plan for this discretionary programs. fited from Mrs. McGlynn's caring expertise Nation's future and that we are about to sad- B. Entitlement/revenue savings—Rec- over her long career. dle our children and our grandchildren with onciliation. The entitlement/revenue deficit While Mrs. McGlynn has become a valuable debts that they cannot possibly hope to pay. reduction priorities will be set through the member of her community in America, her annual budget process. The budget resolu- While we have made some progress in bring- heart is still connected to Ireland. Mrs. tion (conference agreement) will include a McGlynn has been active in Irish-American af- ing the deficit under control over the past sev- reconciliation directive targeting by com- eral years, the fact remains that in fiscal year mittee the dollar amount of deficit reduction fairs since her arrival in Bayonne in 1954. In (FY) 1996, the Federal Government spent to be achieved from entitlements and/or rev- an effort to foster the Irish culture in America, $107 billion more than it took in. What's more, enue and will generate a ‘‘spin-off bill’’ (to she has served as a member of the County the Congressional Budget Office estimates be sent to the President) putting those tar- Donegal Association, Ireland's 32 and the that under current law, the deficit will begin ris- gets into law. Irish-American League. Mrs. McGlynn, a char- C. Sequestration—Overall reconciliation ter member of the United Irish of Bayonne, ing again this year, climbing back to $278 bil- requirements will be enforced by sequestra- lion by Fiscal Year 2007. The Balanced Budg- tion; the type of sequestration in any year has run an annual event to benefit the Project et Enforcement Act of 1997 would stop this depends on whether a spin-off bill has been Children group for the past decade. In 1980, destructive trend, and set us on the path to a enacted. she was honored as the Irishwoman of the budget that is truly balanced by 2002. (1) Targeted sequestration to enforce rec- Year by the Irish American League. In closing, Mr. Speaker, I urge my col- onciliation: (applies if a spin-off bill has been Family plays a major role in our esteemed enacted, either as a result of a budget resolu- leagues to cosponsor this important legisla- honoree's life. During her studies at nursing tion or, later, as a title in a reconciliation school, Mrs. McGlynn met her future husband, tion. The sooner we begin a serious effort to bill). If a committee misses its entitlement balance the budget, the better off our children target, entitlement programs within that John, to whom she has been married for 43 and grandchildren will be. committee’s jurisdiction will be sequestered years. Within a year of entering this new BALANCED BUDGET ENFORCEMENT ACT OF 1997 by a uniform percentage to meet the target. world, Bridget and John were married at St. If revenues do not meet the revenue target, Henry's Church in Bayonne. This joyful union SUMMARY a uniform personal and corporate surtax will has produced seven children: Sean, Eileen (1) Deficit Reduction Targets (in addition be imposed to meet the target. Finck, Kevin, Mary Rose Van Woudensburg, to the amounts required by current law) to (2) Comprehensive sequestration: (applies Michael, Bernadette Mastowski, and Kiernan. reach balance in 2002. if a spin-off bill has not been enacted; this [In billions] would generally occur if the President first Mrs. McGlynn is the tremendously proud vetoes the spin-off bill, then vetoes a rec- grandmother of 12 grandchildren: Megan, Mi- 1998 1999 2000 2001 2002 Total onciliation bill containing the committee chael and Caitlin Finck, Lauren and Cara Van Discretionary caps ...... 10.6 22.1 34.8 47.9 61.3 176.8 targets). There will be a comprehensive se- Woudenberg, Christopher McGlynn, Aileen, Entitlement/revenue questration of entitlement spending and Devan and Colin Mastowski, and Alanna, scorecard ...... 19.9 40.5 55.6 69.7 85.2 271 some revenue provisions in the amount need- Debt service ...... 9 3.6 7.7 13 20 45.4 Brenda, and Connor McGlynn. ed to hit the overall target for entitlement/ It is an honor to have such a caring and dy- Grand total .... 31.4 66.2 98.2 130.6 166.6 493.2 revenue deficit reduction. For revenues, a surtax would be imposed upon personal an- namic woman residing in my District. Bridget Source: Congressional Budget Office nual incomes greater than $250,000 and cor- McGlynn epitomizes the amiable Irish spirit at (2) Setting Sound Economic Estimates: porate incomes over $10 million. This for- its best. I am certain my colleagues will join The President appoints a ‘‘Board of Esti- mula will produce $4 in entitlement spending me in recognizing this extraordinary daughter mates,’’ consisting of the Chairman of the cuts for every $1 in revenue increases. of Ireland.

∑ 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. E340 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 1997 GIVE COMMUTERS A CHOICE Sovereignty Protection Act today. This legisla- Plan'' which was advanced without public tion will require the specific approval of Con- input and has apparently been subsequently HON. JOHN LEWIS gress before any area within the United States withdrawn after strong public opposition devel- OF GEORGIA is subject to an international land use nomina- oped following discovery of the proposal; local IN THE HOUSE OF REPRESENTATIVES tion, classification, or designation. International elected officials from New York and New Mex- land reserves such as world heritage sites, ico confirmed that there is little or no input by Thursday, February 27, 1997 biosphere reserves, and some other inter- the public or elected officials into United Na- Mr. LEWIS of Georgia. Mr. Speaker, today national land use designations can affect the tions land designations. A Cornell University I am introducing the Commuter Choice Act, use and market value of non-Federal lands professor of government testified that `ìf the legislation that would help the environment adjacent to or intermixed with Federal lands. bill is seen by some as symbolic, it is still a while giving commuters greater choices in how Legislation is needed to require the specific useful symbol. It is not at all inappropriate at they get to work. approval of Congress before any area within this time to reemphasize the congressional Too often, our tax code subsidizes commut- the United States is made part of an inter- duty to keep international commitments from ing by cars at the expense of other forms of national land reserve. The rights of non-Fed- floating free of traditional constitutional re- transportation. Under current law, an employer eral landowners need to be protected if these straints.'' can provide its employees free parking valued international land designations are made. In becoming a party to these international at up to $170/month. The employee does not This legislation: First, asserts the power of land use designations through executive include this benefit as income, and the em- Congress under article IV, section 3 of the branch action, the United States may be indi- ployer may deduct the cost of providing the U.S. Constitution over management and use rectly agreeing to terms of international trea- parking when computing its own taxes. How- of lands belonging to the United States; sec- ties, such as the Convention of Biodiversity, to ever, if the employer provides its employees ond, protects State sovereignty from diminish- which the United States is not a party or which subsidized transit passes, the employee must ment as a result of Federal actions creating the U.S. Senate has refused to ratify. For ex- include the benefit as income if it exceeds international land reserves; third, ensures that ample, the Seville Strategy for Biosphere Re- $65/month. In other words, if you commute by no U.S. citizen suffers any diminishment or serves, adopted in late 1995, recommends car, you can receive the equivalent of $170/ loss of individual rights as a result of Federal that participating countries `ìntegrate bio- month tax free. If you commute by bus or sub- actions creating United Nations land reserves; sphere reserves in strategies for biodiversity way, you can only receive the equivalent of fourth, protects private interests in real prop- conservation and sustainable use, in plans for $65/month tax free. erty from diminishment as a result of Federal protected areas, and in the national biodiver- The code discriminates even more against actions designating land reserves; and fifth, sity strategies and action plans provided for in those who walk, car pool or commute by bicy- provides a process under which the United article 6 of the Convention on Biodiversity.'' cle. Suppose that, in addition to parking and States may when desirable designate lands Furthermore, the Strategic Plan for the U.S. mass transit, an employer wants to give its for inclusion in reserves under certain inter- Biosphere Reserve Program published in 1994 employees the choice of receiving a commut- national agreements. by the U.S. State Department states that a ing stipend. In other words, an employee I introduced this legislation in the last Con- goal of the U.S. Biosphere Reserve Program could choose between a parking space, a gress as H.R. 3752, which simply required is to ``create a national network of biosphere transit pass or $20/month to cover other com- congressional approval of United Nations land reserves that represents the biogeographical muting expenses. Current tax law dictates that designations in the United States. In a rollcall diversity of the United States and fulfills the the cash stipend by included as income and H.R. 3752 failedÐby a 246-to-178 voteÐto re- internationally established roles and functions taxed. In addition, if the employer offers em- ceive the two-thirds majority necessary to sus- of biosphere reserves.'' ployees the OPTION of a commuting stipend, pend the rules and pass the bill. I am amazed Also disturbing is that designation of bio- then all employees must include the value of that a single Member of Congress would op- sphere reserves and world heritage sites rare- the cash stipend as income. In other words, pose legislation requiring congressional overly involve consulting the public and local gov- the employees would have to pay taxes on the sight of international land designations within ernments. In fact, UNESCO policy apparently value of the cash stipend, even if they chose the borders of the United States. discourages an open nomination process for a parking space or transit pass. This tax treat- What is unreasonable about Congress in- biosphere reserves. The Operational Guide- ment provides a huge disincentive for employ- sisting that no land be designated for inclusion lines for the Implementation of the World Her- ers to offer a commuting stipend in lieu of a in international land reserves without the clear itage Convention state: parking space. and direct approval of Congress? What is un- In all cases, as to maintain the objectivity My legislation would level the playing field reasonable about having local citizens and of the evaluation process and to avoid pos- among commuting choices. First, it would in- public officials participate in decisions on des- sible embarrassment to those concerned, crease the value of transit subsidies that an ignating land near their homes for inclusion in State [national] parties should refrain from employee could receive tax free to $170/ an international reserve? giving undue publicity to the fact that a property has been nominated for inscription month, the same value as the parking space. Many, many Americans from all sections of our country have called my office to say that pending the final decision of the [World Her- In addition, it would allow employers to offer itage] Committee on the nomination in ques- employees the choice of a commuting stipend. they are concerned about the lack of congres- tion. Participation of the local people in the Finally, it would require employers to offer em- sional oversight over UNESCO international nomination process is essential to make ployees the option of a cash stipend of at land designations in the United States and to them feel a shared responsibility with the least $15/month. The result is that all commut- express their support for this bill. They are State party in the maintenance of the site, ing benefits are treated more equally. surprised by the expanse of our Nation's terri- but should not prejudice future decision- This bill can help reduce congestion and tory which is subject to various special inter- making by the Committee. combat air pollution, and it does so without national restrictions, most of which have By allowing these international land use raising taxes or creating new environmental evolved over the last 25 years. The most ex- designations, the United States promises to regulations. It simply gives commuters a tensive international land use designations are protect designated areas and regulate sur- choice. UNESCO biosphere reserve programs and rounding lands if necessary to protect the des- f world heritage sites. These international land ignated reserve. Honoring these agreements reserves have largely been created with mini- could force the Federal Government to prohibit INTRODUCTION OF THE AMERICAN mal, if any, congressional input or oversight or or limit some uses of private lands outside the LAND SOVEREIGNTY PROTEC- public input. international reserve unless our country wants TION ACT The Committee on Resources held a hear- to break a pledge to other nations. At a mini- ing on the American Land Sovereignty Protec- mum, this puts U.S. land policymakers in an HON. DON YOUNG tion Act in the 104th Congress. Seven wit- awkward position. These Federal regulatory OF ALASKA nesses including three local elected officials actions could cause a significant adverse im- IN THE HOUSE OF REPRESENTATIVES and a Member of Congress testified in support pact on the value of private property and on of this legislation. The former Representative local and regional economies. Thursday, February 27, 1997 and now Senator from Arkansas, the Honor- At best, world heritage site and biosphere Mr. YOUNG of Alaska. Mr. Speaker, on be- able TIM HUTCHINSON, a cosponsor of H.R. reserve designations give the international half of myself and 66 other Members of the 3752, outlined the problems associated with a community an open invitation to interfere in House, I am introducing the American Land proposed `Òzark Highland Man and Biosphere domestic land use decisions. More seriously, February 27, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E341 the underlying international land use agree- decrease the power and cost of our govern- within 5 days they would have to begin send- ments potentially have several significant ad- ment at all levels, but especially at the Federal ing out notices canceling or suspending con- verse effects on the American system of gov- level. tracts which involve safety expenditures and ernment. The policymaking authority is farther I request that a copy of the attached resolu- airport improvements. Air traffic safety is not centralized at the Federal/executive branch tion passed by the Knoxville city council be something that we can jeopardize. level, and the role that the ordinary citizen has placed in the RECORD at this point. I hope that H.R. 668 maintains the aviation excise taxes in the making of this policy through their elect- my colleagues will join the Knoxville city coun- that have been a regular feature of airline trav- ed representatives is diminished. The execu- cil and me in supporting House Joint Resolu- el since 1970 and extends them through Sep- tive branch may also invoke these agreements tion 1, the balanced budget amendment. tember 30, 1997. I do not believe that exten- in an attempt to administratively achieve an RESOLUTION sion of the 10-percent ticket tax imposes new action within the jurisdiction of Congress, but A resolution of the Council of the City of taxes on Americans. It simply maintains the without consulting Congress. Knoxville urging the U.S. Congress to pass a same financing structure we have had for over The legislation introduced today will compel balanced budget amendment to the United 20 years to take care of our air traffic facilities. the Congress to consider the implications of States Constitution. f an international land designation and protect Whereas, the City of Knoxville, Knox Coun- the rights vested in non-Federal property be- ty, and the State of Tennessee balance their SAN FRANCISCO BAY SHIPPING budgets annually; and fore a designation is made. AND FISHERIES ENHANCEMENT Whereas, Knoxville families must balance ACT f their budgets; and Whereas, a balanced federal budget would KNOXVILLE RESOLUTION reduce interest rates, thereby helping home HON. GEORGE MILLER owners and buyers; and OF CALIFORNIA HON. JOHN J. DUNCAN, JR. Whereas, Congress should set an example IN THE HOUSE OF REPRESENTATIVES OF TENNESSEE for the citizens who elect them by being fiscally responsible; and Thursday, February 27, 1997 IN THE HOUSE OF REPRESENTATIVES Whereas, last year the Balanced Budget Mr. MILLER of California. Mr. Speaker, Thursday, February 27, 1997 Constitutional Amendment failed by only today I am introducing the San Francisco Bay one vote in the United States Senate; and Shipping and Fisheries Enhancement Act. Mr. DUNCAN. Mr. Speaker, I would like to Whereas, Congress appears incapable of call to the attention of my colleagues and to balancing our national budget without a con- This legislation will protect both the economy the readers of the RECORD a resolution stitutional requirement; and and the environment of the San Francisco Bay passed by the Knoxville City Council. This res- Whereas, this proposed constitutional area by taking preventive action to reduce the olution, R±384±96, endorses a balanced amendment is supported by Congressman chances of a catastrophic oil spill in this irre- budget amendment to the U.S. Constitution. John Duncan, Congressman Zack Wamp, placeable bay. R±384±96 was sponsored by City Councilman Congressman Van Hilleary, and by Senator On October 28, 1996, diesel fuel was acci- Gary Underwood and forwarded to my atten- Bill Frist and Senator Fred Thompson. dentally released from a maritime administra- Now therefore be it resolved by the Council tion ship in dry dock in San Francisco. Only tion by the mayor of Knoxville, Victor Ashe. of the City of Knoxville: This resolution is yet another example of the Section 1: The City Council of the City of about 8,000 gallons of oil entered the water widespread support for a balanced budget Knoxville urges in the strongest possible but, due to weather and other factors, even amendment to the Constitution. The reasons terms that Congress pass a Balanced Budget this small spill got out from under the control and clearly thought out practical examples ex- Amendment to the Constitution of the Unit- of the Federal and State officials charged with pressed in R±384±96 are held by hundreds of ed States of America. containing and cleaning up oil spills. As bay thousands of Americans across our Nation. Section 2: The City Recorder for the City area residents watched, the oil spread outside For many years our national Government of Knoxville is hereby directed to forward a the Golden Gate and north of the San Rafael was dominated by those with a very liberal copy of this Resolution to the Tennessee Bridge. members of the U.S. Congress. mindset, and there was little serious interest in Section 3: This Resolution shall take effect According to the San Francisco Chronicle, attempting to balance our budget. In fact, we from and after its passage, the public welfare the cost of cleanup has exceeded $10 million, have not balanced it since 1969, and huge an- requiring it. rivaling the $14 million cleanup of the much nual deficits have resulted in a $5 trillion na- f larger spill at Shell's Martinez refinery in 1988. tional debt today. If we do not put a stop to The October spill was only about one-tenth of this madness, we will absolutely destroy the AIRPORT AND AIRWAY TRUST 1 percent of the size of the Exxon Valdez spill, standard of living of our children and grand- FUND TAX REINSTATEMENT ACT yet Valdez-sized tankers laden with millions of children. OF 1997 (H.R. 668) gallons of crude oil make dozens of trips into While I wish we did not need a balanced the bay each year. In fact, the Valdez was budget amendment, I agree with the Knoxville HON. LINDA SMITH bound for San Francisco when it ran aground city council that if one is not enacted, we may OF WASHINGTON in 1989. If a small spill like the one that oc- never balance the budget. Historically, we sim- IN THE HOUSE OF REPRESENTATIVES curred in October could cause this much dam- ply have not done a good job in limiting Fed- age, a Valdez-size spill would surely devastate eral programs and reducing waste. There are Thursday, February 27, 1997 the bay area, both economically and environ- 435 Members in the House who have their Mrs. SMITH of Washington. Mr. Speaker, I mentally, for decades. own funding priorities, another 100 Senators want to express my support of H.R. 668, the We got lucky in October. We got a wake up who have their own, and of course, the Presi- Airport and Airway Trust Fund Tax Reinstate- call the caused only modest damage. Next dent also has his funding preferences. It be- ment Act. This legislation was approved by the time we may not be so lucky. After a spill, we comes very difficult to reach an agreement on House yesterday with my full support and I can send in all the king's horses and all the the budget if we do not set absolute caps want to make clear my reasons for supporting king's men, but they still can't put Humpty which place funding limitations on Federal this much-needed legislation. Dumpty back together. When dealing with oil spending. This legislation was requested by the White spills, we need to heed the old adageÐan This issue is once again being debated in House in order to resolve a funding shortfall in ounce of prevention is worth a pound of cure. the 105th Congress, and I am proud to be a the airport and airway trust fund. The legisla- The San Francisco Bay Shipping and Fish- cosponsor of House Joint Resolution 1, which tion extends a 10-percent excise tax on airline eries Enhancement ActÐBay SAFEÐwill pro- would provide an amendment to the Constitu- tickets. This surcharge on airline tickets and vide that ounce of prevention by authorizing tion requiring a balanced budget. the other excise taxes on airline travel expired the removal of underwater rocks in San Fran- Our Federal deficit is one of the most seri- at the end of last December and have been cisco Bay that pose a danger to deep draft ous concerns facing our Nation. If we bring critical to the airport trust fund. vessels, like oil tankers. Near Alcatraz, there Government spending under control and de- Without the extension of these aviation ex- are number of rock reefs lying less than 40 regulate our economy, it could boom for many cise taxes, the Federal Aviation Administration feet below the surface. The Coast Guard con- years to come. Times are good now for some [FAA] will have trouble maintaining construc- siders these rocks to be hazards to navigation people, but they could and should be good for tion and safety improvements of our Nation's and recommends their removal. In 1992, the almost everyone. We could really reduce the aviation system. In fact, the FAA has warned San Francisco Bay Harbor Safety Committee, gap between the rich and the poor if we could that if this funding shortfall is not corrected, in its harbor safety plan, recommended that E342 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 1997 the rocks be removed to a depth of 55 feet ers: the self-employed. Larger corporations Grace Church Van Vorst is also celebrating below the low tide line. The main hazard that enjoy a permanent, 100 percent deduction of its 150th anniversary. Since its founding in these rocks present is to tankers, which in- health insurance costs, while in 1997 a self- 1847, Grace Church Van Vorst has diligently creasingly have drafts in excess of 45 feet. employed individual is only allowed to deduct worked to improve the downtown area of Jer- Bay SAFE directs the Army Corps of Engi- 40 percent of these same costs. We must ask sey City. In addition to providing low-income neers to lower these so that even the deepest ourselves a very basic and fundamental ques- housing for the impoverished residents of draft tankers will not be endangered. tion: Why should the self-employed small busi- Hudson County, it funds ``Let's Celebrate,'' an After rock hazards are removed, Bay SAFE ness person be treated differently than a large organization that assists the homeless resi- directs the Coast Guard to reroute vessel traf- corporation? dents of Hudson County. fic to minimize the risk of an oil spill. At a mini- The 104th Congress did begin to address I ask that my colleagues rise and join me in mum, the Bay SAFE navigation project will this problem, and I do not mean to take lightly honoring the Grace Church Van Vorst for its give the Coast Guard a much wider area the progress that it made. Two pieces of legis- outstanding civic contributions. I commend its through which to move deep draft vessels, lation were enacted that provided relief to the accomplishments as well as its efforts to as- thereby decreasing vessel traffic congestion self-employed. First, legislation was enacted sist the local arts community. I hope it will and the risk of head on collisions. I am con- which restored and made permanent the de- continue to serve the community for another fident that the Coast Guard, working the local ductibility that had expired during the 103d 150 years. community, can come up with a traffic separa- Congress, and raised the level of deductibility tion scheme that expedites shipping and en- from 25 to 30 percent. Second, legislation f hances environmental protection. which incrementally raised the deductibility to I am aware that there are environmental 80 percent by the year 2006 was also en- TRIBUTE TO YOUNG KEON HOOKS concerns about removing these rocks. That is acted. These were important steps, and I was why Bay SAFE directs the Army Corps to de- proud to have supported them. However, as a sign this project to minimize the impact on the matter of fairness and equity, we can and HON. C.W. BILL YOUNG environment and fisheries. The bill also pro- should do better. OF FLORIDA vides for mitigation of any unavoidable dam- By raising the deductibility to 100 percent, age. But in weighing the merits of this project, we are helping to achieve two important goals. IN THE HOUSE OF REPRESENTATIVES we must measure the long-term benefits We are strengthening the most important sec- Thursday, February 27, 1997 against the short-term costs. tor of our economy by relieving a significant According to the maritime exchange, which tax burden that self-employed small business- Mr. YOUNG of Florida. Mr. Speaker, it is tracks shipping traffic in San Francisco Bay, men and women must now shoulder. We are with heavy heart that I advise my colleagues over 800 tankers entered the bay last year, also helping to ensure that more Americans in the House of the death of a young 7-year- carrying hundreds of millionsÐif not billionsÐ have access health care, because without full old boy named Keon Hooks of Clearwater, FL. of gallons of oil and other hazardous sub- deductibility, these costs are sometimes more Keon died on Friday, February 21, 1997, of a stances. Nearly one-quarter of these tankers than a small business owner can afford. plastic anemia, a form of leukemia. are large enough to strike the submerged Let's sent a message to America's self-em- Keon was in need of a bone marrow trans- rocks near Alcatraz. If one small oil spill ployed that they are just as important as big plant, and as you know, I have championed caused $10 million in damage, how many bil- business. Let's restore fairness and equity to the National Bone Marrow Registry for years. lions of dollars in damage to fisheries and the tax code's treatment of the health care ex- Whenever I learn of a case like Keon I cannot wildlife would be caused by a major spill? If penses of self-employed individuals. I urge my help but ask myself, as well as my colleagues, this project avoids even one modest oil spill, colleagues to join me in enacting this impor- what more can we do to encourage people to I believe it will have been worth the minor distant legislation. join the National Bone Marrow Registry in an ruption to the marine environment caused by f effort to be a potential match and donor. its construction. Despite repeated drives for Keon, a match IN HONOR OF GRACE CHURCH VAN San Francisco Bay is an invaluable natural for him was not found. As a last resort his VORST’S 8TH ANNUAL CATHE- and economic resource to the bay area and to mother Stacy donated her bone marrow in Oc- DRAL ARTS FESTIVAL the entire Nation. In the coming months, I will tober, even though it was only a partial match. be taking every opportunity to increase protec- Two other transplants were needed for Keon tion of the bay area from oil or hazardous sub- HON. ROBERT MENENDEZ as his body was rejecting his mother's bone stance spills. As stated in a February 25 edi- OF NEW JERSEY marrow and succumbed to several infections. torial in the San Francisco Chronicle, Bay IN THE HOUSE OF REPRESENTATIVES Still, Keon fought valiantly for his life and al- SAFE is `à prudent move forward''. It is the ways kept a smile on his face. He was known least we can do to protect our bay. I hope my Thursday, February 27, 1997 as a practical joker, and I recall how he would colleagues will join me in this effort. Mr. MENENDEZ. Mr. Speaker, I rise today attend bone marrow drives in the African- to pay special tribute to Grace Church Van f American communities of the Tampa Bay area Vorst in Jersey City for its exceptional efforts to thank those who were signing up for the THE SELF-EMPLOYED HEALTH to strengthen the arts community and to pro- registry and to join in trying to get others to FAIRNESS ACT OF 1997 mote an appreciation for Hudson County's cul- participate. tural background. Grace Church Van Vorst will HON. SUE W. KELLY hold its 8th Annual Cathedral Arts Festival On Saturday, 1 week short of his 8th birthday, Keon will be buried. His funeral service OF NEW YORK Gala and Preview Sale on March 1, 1997. will be the birthday party he wanted to cele- IN THE HOUSE OF REPRESENTATIVES The annual festival has become an important vehicle for young artists to make their brate. Today, in Keon's memory, let us pledge Thursday, February 27, 1997 work known to the public. It serves not only as ourselves to redouble our efforts in our local Mrs. KELLY. Mr. Speaker, I rise today to in- a tremendous opportunity for local artists to communities to recruit our constituents to join troduce The Self-Employed Health Fairness showcase their talent, but also to enrich the the National Bone Marrow Registry so that Act of 1997, legislation which will raise to 100 surrounding community by exposing Hudson ``the gift of life''Ða bone marrow transplantÐ percent the deductibility of health insurance County residents to the variety of artistic styles can be passed to those who like Keon are in costs for the self-employed. This common that exist in the area. need of this lifesaving procedure. sense legislation will restore equity and fair- This year's celebration will have artwork Finally, let us set a moment aside to re- ness in the tax treatment of many of this Na- from various genres, including live perform- member Keon. The inspiration he has left in tion's small business entrepreneurs. I intro- ances. The 8th Annual Cathedral Arts Festival my district and in the entire Tampa Bay area duced identical legislation in the 104th Con- will be an evening filled with artistic discus- is hard to describe, but I know that this young gress, and received the support of over 50 bi- sion, fine food, and lively music. Individual art- man, a fighter whose disease still could not partisan cosponsors. ists will be on hand to discuss and sell their take away his admiration of his mother and Our current tax code is fundamentally unfair work. All donations will go to the physical sisters and his love of life, will be cherished by to the smallest of our Nation's business own- needs of the historic Grace Church Van Vorst. all who had come to know him. February 27, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E343 H.R. 860. THE SURFACE TRANSPOR- Just a few years ago, the OMB itself indi- sumption, and a 1994 OMB study revealed TATION RESEARCH AND DEVEL- cated that contracting is out of control. Yet this that cost-savings comparisons often are not OPMENT ACT OF 1997 large Federal expenditure has remained hid- always done. Federal agencies routinely do den in the shadows, unlike Federal agencies not compare the cost of contracting with the HON. CONSTANCE A. MORELLA and employees. There is no way to know cost of doing work in-house. Thus, my third bill OF MARYLAND whether this sector has contributed a single would require agencies to make these cost IN THE HOUSE OF REPRESENTATIVES dollar to deficit reduction. It is remarkable that comparisons and would prohibit them from en- Thursday, February 27, 1997 despite a governmentwide effort to promote tering into an outside service contract if the efficiency, we have not considered the ineffi- services could be performed at a lower cost Mrs. MORELLA. Mr. Speaker, today I am in- ciency of guaranteeing contractors an invul- by agency employees. troducing the Surface Transportation Research nerable chunk of tax dollars. Beyond the discrimination against career and Development Act of 1997 with Congress- The Clinton administration, to its credit, has employees who are denied work regardless of man GEORGE BROWN, the ranking member of worked hard to make service contractors more efficiency and costs, current contracting prac- the Science Committee. The legislation au- responsiveÐfor example, by proposing new tices are fundamentally bad business. Accord- thorizes appropriations to the Department of performance-based standards for existing ing to the GAO report, issuing service con- Transportation to carryout surface transpor- service contracts. However, the budget that tracts and hiring consultants can very often tation research and development programs for Congress is now considering proposes no cuts actually cost Federal agencies more than the next 6 years. in funds allocated specifically to service con- using Federal employees. In several of the During the 102nd Congress, the Science tractsÐthus leaving untouched a huge source cases analyzed by GAO, agencies could have Committee worked in a bipartisan fashion to of potential savingsÐwhile demanding con- saved more than 50 percent by keeping the lay the ground-work for most current surface tinuing sacrifices from the career work force work in-house. transportation research, development, and that makes up the visible government. SIZE OF CONTRACTING WORK FORCE technology transfer programs by drafting the The time is long past due for overhauling research section of the Intermodal Surface The absence of basic information, beginning the contracting practices of the Federal Gov- Transportation Efficiency Act of 1991, com- with the size of the contracting work force, ernment. With the four bills I am introducing monly referred to as ISTEA. Today, the legis- makes it impossible to make intelligent deci- today, I hope to help begin the process of relation that I am introducing will serve simply as sions about contracting out. To its credit, Con- inventing Federal contracting just as the rest a starting point as we begin the reauthoriza- gress in 1988 passed legislation requiring of the Federal Government is being re-in- tion process for these important programs. agencies to significantly cut service contracts. To accommodate our future transportation vented. However, a subsequent GAO report found that infrastructure needs and minimize congestion, FULL FEDERAL PAY RAISE there was no way to know if the agencies had we need to continue the research and devel- My first bill would cut $5.7 billion in Federal actually complied with the legislation. There- opment work that was authorized in 1991 by agency funds for service contracts and make fore, my fourth bill requires the OMB to de- the Science Committee through ISTEA. These this money available for pay raises that are velop a governmentwide system for determin- programs seek to develop and deploy new due Federal employees in 1998. Federal em- ing and reporting the number of non-Federal technologies and innovative solutions that im- ployees are again being required to give up employees engaged in service contracts. prove our current infrastructure's performance part of their statutory pay increases while con- All four of these bills would provide more and capacity. Research and development is tract employees paid from the same Federal systematic ways for monitoring and constrain- our best chance to address our burgeoning budget again remain untouched. The intent of ing the expenses associated with contracting transportation needs in a cost effective and this bill is to eliminate the discrimination that out of servicesÐjust as we have insisted for environmentally responsible manner. allows the Government to extract sacrifices Federal agencies and employees. Efficiency f from civil servants without considering ways to and deficit reduction must not stop at the door seek some savings from contractors. The of the Federal agency. We need to bring the INTRODUCTION OF FOUR BILLS TO process of competitive bidding does not insure shadow government into the full light of day so IMPROVE FEDERAL CONTRACT- savings and efficiency, but only that the Gov- that the sacrifices demanded in the name of ING PRACTICES ernment may get the best deal among those re-inventing government may be shared by all who are competing. The 5 percent cut would employees and by every area of Government. HON. ELEANOR HOLMES NORTON compel contractors to scrutinize themselves f OF THE DISTRICT OF COLUMBIA for efficiency in the same way as we are now REGIONAL COOPERATION ACT IN THE HOUSE OF REPRESENTATIVES requiring of Federal agencies. Especially when Thursday, February 27, 1997 compared with the sizable reductions agencies have experienced, this cut is so small that it HON. JAMES A. TRAFICANT, JR. Ms. NORTON. Mr. Speaker, in a season should be beyond debate. OF OHIO that will be dominated by deficit reduction, all IN THE HOUSE OF REPRESENTATIVES Federal spending must be scrutinized and BUYOUT REFORM made accountable. Today I am introducing My second bill would plug a hole in the Thursday, February 27, 1997 four bills to bring accountability for the first buyout legislation reauthorized last year. Mr. TRAFICANT. Mr. Speaker, today I am time to the shadow government. While the When enacting the initial legislation in 1994, introducing the Regional Cooperation Act Federal agency work force is being cut each Congress went to extraordinary lengths to en- [RCA], a significant first step in the effort to year, we are continuing to support a growing sure that civil servants who were bought out discourage fractionalization and encourage co- and largely unmonitored private contract serv- with cash, could not be replaced with new operation among America's communities. I ice sector and work force from which the Fed- hires and that the resulting 272,900 planned urge my colleagues to cosponsor this impor- eral Government procures services. The huge reductions in the Federal work force would be tant measure. $114 billion service contracting portion of the permanent. However, as it stands now, the The Federal Government has always been Federal budget has avoided reductions while buyout law would allow untold numbers of a powerful force in funding economic develop- deficit reduction has spared few others. Mem- contract employees to replace bought-out Fed- ment opportunities. From the voyages of bers who favor contracting out and privatiza- eral employees. Congress did not intend for Christopher Columbus to the establishment of tion and those who prefer that the work be buyouts to result in a simple substitution of the New York and Virginia colonies, nations done by Federal agencies can all agree that contract employees for career employees. have invested in the efforts of their people in both must be held accountable, because both Rather, Congress made the judgment that the order to build stronger national economies. are funded by taxpayer dollars. Government should be smaller and that con- Unfortunately, while Federal support is an Service contracting constitutes the fastest siderable saving should result. The anticipated important undertaking in general, it has in growing area of Federal procurement, ac- savings will not be made if one set of FTE'sÐ many circumstances led to infighting and counting for over $114 billion of the $200 bil- Full-time equivalent employeesÐare sub- fractionalization. In the quest for limited Fed- lion spent each year on outside contracts. In stituted for another. eral resources, communities have battled their only 3 years, between fiscal year 1989 and fis- COST COMPARISONS neighbors and, as a result, undercut their re- cal year 1992, the number of contractors The reason most often advanced for con- gional economies. Dr. Gil Peterson, an expert doing business with the Government rose from tracting out work is that it is cheaper. How- in urban studies at Youngstown State Univer- 62,819 to 82,472. ever, a 1994 GAO study contradicts this as- sity, noted: `Àll too often, political decisions E344 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 1997 are made to reward as many political entities INTRODUCTION OF THE MARIAN Abernathy and the thousands of individuals as possible, and the level of investment is ANDERSON CENTENNIAL COM- who participated in the Poor People's Cam- spread too thin to be effective.'' MEMORATIVE COIN ACT paign. The National Association of Public Adminis- During the 1960's, I was honored to be a trators [NAPA] agrees. In its publication `À HON. GEORGE E. BROWN, JR. part of the civil rights movementÐa movement Path to Smarter Economic Development: Re- OF CALIFORNIA that changed the face of our Nation. People assessing the Federal Role'', NAPA asserts IN THE HOUSE OF REPRESENTATIVES from throughout our NationÐold and young, that government agencies ``tend to perpetuate black and white, rich and poorÐjoined the Thursday, February 27, 1997 a focus on small political and geographic units nonviolent revolution that made our country a rather than regions.'' Mr. BROWN of California. Mr. Speaker, 100 better, fairer, more just Nation. During this The RCA is an important first step in chang- years ago, on February 27, 1897, Marian An- time, I was fortunate to get to know Dr. Martin ing the Federal Government's divisive ap- derson, one of the world's greatest singers, a Luther King, Jr., and his partner in the move- proach to funding economic development ac- champion for civil rights, and a leader in the mentÐDr. Abernathy. tivities. The RCA encourages regional co- advancement of global peace, was born to a Dr. Abernathy was an inspiring and commit- operation by amending the criteria used by the poor family in Philadelphia. PA. She died at ted leader from the earliest days of the move- U.S. Department of Housing and Urban Devel- the age of 96 on April 8, 1993. To honor the ment. When Rosa Parks was arrested for re- opment [HUD] to award Economic Develop- centennial of the birth of this great individual fusing to stand in the back of the bus while ment Initiative [EDI] grants. The new criterion during Black History Month, I am today intro- there were empty seats in the white section of will simply read: ``When applicable as deter- ducing with my 13 other colleagues, the Mar- the bus, she inspired the Montgomery bus mined by the Secretary, the extent of regional ian Anderson Centennial Commemorative boycott. As ministers of the two leading black cooperation demonstrated by the proposed Coin Act. churches in Montgomery, AL, Dr. King and Dr. plan.'' Note that my measure in no way man- This legislation is a bipartisan effort to honor Abernathy worked together to organize and dates regional cooperation. Rather, if such co- Ms. Anderson's life of achievements and ac- sustain that boycott. Thus began the strong operation is appropriate, applicants will benefit complishments. Marian Anderson, a master of bonds of friendship and commitment that if their proposals reflect a sense of coopera- repertoire across operatic, recital, and Amer- would last as long as the two men lived. tion with their neighboring communities. ican traditional genres, played a vital role in Dr. Abernathy had a lifelong commitment to EDI's potency as a tool for enhancing and the acceptance of African-American musicians securing and protecting basic civil rights for all expanding economic activity make it an appro- in the classical music world. In 1939, the Americans. I marched with him many times priate starting point for encouraging regional Daughters of the American Revolution [DAR] throughout the South, including Selma and cooperation. Since its inception, over $400 refused to allow Anderson to sing at Constitu- Montgomery. After the assassination of Dr. million in EDI grants have funded the revital- tion Hall because of her race. As a result of King in 1968, Dr. Abernathy assumed leader- ization efforts of over 100 communities. Fur- the ensuing public outcry, Eleanor Roosevelt ship of the Southern Christian Leadership ther, EDI funds are competitively awarded, are resigned from the DAR and helped arrange a Conference, and worked to carry on the limited to a percentage of the section 108 and concert at the Lincoln Memorial that drew an dream of Dr. Martin Luther King, Jr. After Dr. must work in tandem with the loan guarantee. audience of 75,000Ðan audience far larger King's death, Dr. Abernathy continued to orga- As such, the amount of an EDI award is con- than Constitution Hall could ever accommo- nize and lead marches and other events, in- trolled, yet no formula has been uprooted to date. cluding the Poor People's Campaign, a mas- implement my measure. Marian Anderson was awarded 24 honorary sive demonstration to protest rising unemploy- The Tri-County Mini-Loan Fund, Inc., a re- degrees by institutions of higher learning. In ment, held in Washington, DC. volving loan fund for small business ventures 1963, she was given a Presidential Medal of The Reverend Abernathy passed away 7 in my congressional district, is a nationally re- Freedom. Congress passed a resolution in years ago. Today, I am introducing a resolu- nowned program that boasts strong regional 1974 to have a special gold medal minted in tion authorizing the construction of a memorial cooperation. Since its inception in 1992, the her name. Marian Anderson was also an alter- to the Reverend Abernathy and the Poor Peo- Mini-Loan Fund has pumped nearly $2 million nate delegate to the United Nations where she ple's Campaign on the National Mall. I invite into the regional economy with few defaults. received the U.N. Peace Prize in 1977. In ad- my colleagues to join me in supporting this ef- dition, she was awarded the National Arts fort. The monument will celebrate the achieve- In establishing the Mini-Loan Fund, we ob- Medal in 1986. ments of the past, commemorate those who served the impact of fractionalized efforts and The surcharges from the sale of coins will marched alongside us many years ago, and took a different path. We worked with banks, be distributed to the Smithsonian Institution pay special tribute to the sacrifices and the local universities, and non-profit organizations and the Corporation for Public Broadcasting contributions of Dr. Abernathy and others who from all over Ohio's Mahoning Valley to en- for the endowment of exhibits and educational participated in the Poor People's Campaign. sure the entire market would benefit from the programs related to African-American art, his- Thousands of people participated. Some had fund, not just those within specified political tory, and culture, as well as on the life of Mar- small roles, others large roles. The Reverend boundaries. In applying for EDI and section ian Anderson. In addition, this bill assures that Ralph David Abernathy had many roles, often 108 funding to enhance the program, three minting and issuing coins will not result in any at the same time. He was a teacher, a leader, counties and three cities submitted six sepa- net cost to the U.S. Government. an organizer, a soldier, and a friend. Many rate applications and bundled them together to As we celebrate the centennial of the birth were inspired by his spirit, his good humor, form a singular, powerful application. of this great individual during Black History and his guidance. Today, I invite my col- As a results, HUD not only awarded our Month, I urge my colleagues in joining us to leagues to join me in celebrating his legacy Mini-Loan Fund nearly $8 million in grants and support the passage of the Marian Anderson and his life. loan guarantees, but then-Assistant Secretary Centennial Commemorative Coin Act. f Andrew Cuomo declared it a ``national model f of regional economic development.'' The now- IN HONOR OF MORTIMER LEVITT Secretary Cuomo went on to thank the com- THE LATE REVEREND RALPH ON HIS 90TH BIRTHDAY missioners and mayors of the respective coun- DAVID ABERNATHY, JR. ties and cities for ``pooling your resources to HON. CAROLYN B. MALONEY grow jobs for the region.'' HON. JOHN LEWIS OF NEW YORK Mr. Speaker, the Federal Government is OF GEORGIA IN THE HOUSE OF REPRESENTATIVES and will continue to be a key in successful IN THE HOUSE OF REPRESENTATIVES local community development activities. It just Thursday, February 27, 1997 needs to play its role a little smarter. Instead Thursday, February 27, 1997 Mrs. MALONEY of New York. Mr. Speaker, of playing communities off one another, it Mr. LEWIS of Georgia. Mr. Speaker, I am it is with great pleasure and esteemed respect needs to bring them together. As we wit- once again pleased and honored to introduce that I acknowledge my constituent, Mortimer nessed in my district, such cooperation can be legislation honoring the Reverend Ralph David Levitt, for his many achievements. a powerful tool for revitalizing not only a com- Abernathy, Jr., leader of the National Poor Mr. Levitt, founder of the Custom Shop munity, not an entire region. People's Campaign of 1968. My legislation Shirtmakers, started his venture in 1937. After Again, I urge my colleagues to cosponsor would authorize the construction of a memorial losing his job and his savings in the height of the Regional Cooperation Act. on the National Mall in honor of the Reverend the Great Depression, Mr. Levitt courageously February 27, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E345 launched his business, the Custom Shop HAWAII HUMANE SOCIETY’S 100TH dent with particular emphasis on the role of Shirtmakers. He now owns 73 Custom Shop ANNIVERSARY the local police, and to repeal those portions Shirtmaker stores. of the Penal Code which give license to Mus- Mortimer Levitt, however, is not just an ar- HON. NEIL ABERCROMBIE lims to persecute Christians and other reli- chetype in the fashion industry. He is also a OF HAWAII gious minorities. philanthropist, Broadway producer, and author IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my colleagues to join me in calling on Pakistani Prime Minister Nawaz of four books. The custom shirtmaker is the Thursday, February 27, 1997 founder and biggest contributor to the Levitt Sharif to speak out against religious discrimi- Pavilion for the Performing Arts. He contrib- Mr. ABERCROMBIE. Mr. Speaker, I rise nation and to work to create a climate of toler- uted funds to the building of the arts center today to salute the Hawaii Humane Society ance and religious harmony in Pakistan. and has since helped raise half of the pavil- [HHS] and the caring individuals who are em- f ion's annual budget. He is on the board of di- ployed by, or volunteer at this facility. I am pleased to say that today the HHS celebrates THE PLUMBING STANDARDS rectors for the Lincoln Center Film Society, the IMPROVEMENT ACT OF 1997 Manhattan-based Young Concert Artists, and 100 years of success in their service to our founder of the Manhattan Theater Club where community. not only was he on the board, but also pro- The Hawaii Humane Society is a private, HON. JOE KNOLLENBERG duced over 20 plays. Levitt has also made sig- nonprofit charitable organization that promotes OF MICHIGAN nificant contributions to Lincoln Center and en- the humane treatment of animals to perpet- IN THE HOUSE OF REPRESENTATIVES dowed a scholarship fund at Mercy College in uate the bond between humans and animals. Thursday, February 27, 1997 Dobbs Ferry, NY. Its animal welfare activities are based on a philosophy of encouraging responsible pet Mr. KNOLLENBERG. Mr. Speaker, I rise Mortimer Levitt, for the past 60 years, has ownership through education, legislation, and today to introduce The Plumbing Standards provided jobs for his community, has raised prevention. Improvement Act of 1997. funding for the arts, and has been an inspira- I ask my colleagues to join me in applaud- My bill would repeal the plumbing fixture tion to the world of fashion. It is for these rea- ing the 28,000 donors and volunteers who flow restrictions that were enacted by the En- sons and many more that I would like to rec- give their time for this worthwhile cause. The ergy Policy and Conservation Act of 1992. ognize Mr. Levitt on his 90th birthday. Hawaii Humane Society's programs are inno- Specifically, they limited the capacity of all vative and are models for animal welfare orga- newly manufactured toilets to 1.6 gallons per f nizations across the country. With their signifi- flush, and showerheads to 2.5 gallons per cant contributions in encouraging respect for minute. TAIWANESE PEOPLE AND THEIR all living creatures the HHS continues to im- Through originally enacted to conserve STRUGGLE FOR SELF-DETER- prove the humane treatment of all animals in water, these restrictions have had a number of MINATION our community. unintended consequences, which I believe I am proud to pay tribute to the Hawaii Hu- make a strong case for their repeal. mane Society, and I am honored to add my First and foremost is their impact on the HON. PETER DEUTSCH voice to the praises of the many friends who public safety and health of the American peo- OF FLORIDA gather to salute this fine organization. ple. The most damning evidence comes from a recently-released study by the University of IN THE HOUSE OF REPRESENTATIVES f Cincinnati. It shows that the increased mist Thursday, February 27, 1997 REGARDING PERSECUTION OF levels created by restricted flow showerheads CHRISTIANS IN PAKISTAN have led to a higher incidence of respiratory Mr. DEUTSCH. Mr. Speaker, a few years illnesses. And as you all know, children and ago, a Taiwanese-American constituent gave HON. GARY L. ACKERMAN the elderly are usually the most susceptible. me a book entitled ``Formosa Betrayed'' writ- OF NEW YORK In addition, I have heard from several ten in 1965 by American diplomat George IN THE HOUSE OF REPRESENTATIVES plumbing contractors in my district. They tell Kerr. The book describes a painful episode in me that these showerheads have resulted in Taiwan's history, which is today known as the Thursday, February 27, 1997 more scalding episodes, by causing a delay 2±28 Massacre. Mr. ACKERMAN. Mr. Speaker, I rise today between the adjustment of the hot water knob Tomorrow marks the 50th anniversary of the to speak out against religious intolerance in and the resulting temperature increase. Thus, massacre. Pakistan. Earlier this month, tens of thousands people, especially children, are over-adjusting After Japan had lost World War II, Taiwan of Muslims angered by the alleged desecration the hot water and sustaining minor burns. was put under temporary administrative con- of a Koran, and incited by local Muslim lead- Regarding the toilets, it is apparent that new trol of Chiang Kai-shek's Nationalist Kuo- ers, burned thousands of homes of Christian 1.6 gallon models are not as effective as their mintang. At the time, the Kuomintang was still villagers, along with a hospital, a school, a prerestriction counterparts. Plumbers and fighting its civil war with Mao Tse-tung's Com- Catholic church, and a dormitory. While this plumbing supply stores have been over- munists on mainland China. The Nationalists event by itself is despicable, the conduct of whelmed with complaints from unsatisfied con- under Governor Chen Yi treated Taiwan as a the local police in this affair is unforgivable. sumers, and black markets for the old 3.5 gal- conquered territory. Initial euphoria about the According to reports, local police actually told lon models have popped up across the coun- arrival of the nationalist troops in Taiwan soon residents to leave their homes because they try since the restrictions were put in place. changed to conflict when the new authorities could not protect them from the mobs. Yet it But beware: if you or I buy a 3.5 gallon toilet turned out to be repressive and corrupt. That took only a small army unit to halt the ram- off the black market or remove the restrictor anger resulted in the 2±28 Massacre which page, which destroyed shops and homes, and plate from our water-saver showerhead, under claimed the lives of an estimated 18,000± restore order to the village. current law we would be subject to Federal 28,000 Taiwanese in 1947. The event rep- This is only the latest incident in what the fines as high as $2,500. Simply put, this provi- resents the beginning of 40 years of Martial Christian Voice of Pakistan reports is ongoing sion is making criminals out of normal, law Law on the island during which Chiang's main- persecution of Christians by Muslims in Paki- abiding citizens who only want a decent show- landers ruled the island with an iron fist. stan. The State Department's ``Human Rights er and a toilet that needs to be flushed only Report on Pakistan'' points out that ``Discrimi- once. Mr. Speaker, the date February 28 is etched natory religious legislation has encouraged an Finally, even if my bill is passed and the in the hearts and minds of the Taiwanese peo- atmosphere of religious intolerance.'' In fact, Federal restriction is repealed, there is nothing ple. Beginning this year, Taiwan dedicates section 295(c) of the Penal Code stipulates stopping governments in water-scarce areas February 28 as a national holiday. the death penalty for blaspheming the Prophet from passing these kind of restrictions. Some On the 50th anniversary of the 2±28 Mas- Mohammed. This provision has been used by governments may find it necessary to do so, sacre, we recognize the sacrifice of the Tai- Muslims to intimidate religious minorities in but it is a decision that seems best done at wanese people and their struggle for self-de- Pakistan. the State and local level. termination and reaffirm our commitment to a I met yesterday with the Pakistani ChargeÂ I urge my colleagues to take a close look at free and democratic Taiwan and to the strong d'Affaires to ask the Pakistani Government to this. It is my belief that if Congress knew relationship between our two countries. launch an immediate investigation of the inci- about the safety and health risks alone, it E346 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 1997 would not have included these restrictions in As one of ADA's past presidents, I am in- dent of Congress, John Hancock, who was a the first place. I think the bottom line is that deed honored to have this opportunity to high- descendent of the Ulster family. Also note- the Federal Government should be out of the light some of the accomplishments of this worthy, Matthew Thornton, James Smith, and bathrooms. most important organization. Also, it is only fit- George Taylor were Irish-born. f ting that I point out that New Yorkers have The Irish love of freedom played an integral had a long and favorable association with the role in the fight for American independence. NOTING THE PASSING OF LUELLA organization. In fact, many are founders of the County Derry-born Charles Thompson made HYATT CLAY ADA. the first finished copy of the Declaration of The list of New York citizens credited for Independence. John Nixon, whose father was HON. LOUIS STOKES founding ADA includes the following: union born in County Wexford, was the first to read OF OHIO leader David Duminsky, historian Arthur the document publicly. John Dunlop, born in IN THE HOUSE OF REPRESENTATIVES Schlesinger, Jr., and former First Lady Eleanor County Tyrone, printed the first copy. Edward Roosevelt. Also included on that list of notable Thursday, February 27, 1997 Fox, a Dublin native, contributed almost a mil- New Yorkers is a Manhattan Borough Presi- lion dollarsÐa staggering sum in those daysÐ Mr. STOKES. Mr. Speaker, it is with sad- dent Stanley Isaacs, a Republican. to help finance the Continental Army. He later ness that we acknowledge the passing of Mrs. As a former president, I have first hand died penniless because of his commitment. Luella Hyatt Clay, the mother of our friend and knowledge regarding the importance of this or- Throughout our history, several prominent colleague, Congressman BILL CLAY. Mrs. Clay ganization. During my tenure, 1989±1991, I Americans have been Irish-Americans. Two departed this Earth on February 21, 1997, at was delighted to watch ADA grow in member- hundred years ago, James Hoban and other the age of 94. I am certain that my colleagues ship, stature and program. Our staff and mem- Irish immigrants assisted in the construction of in this Chamber and others throughout the Na- bership doubled during that time and we the U.S. Capitol building. One hundred and tion join me in expressing our deep sorrow at waged relentless battles against the excesses ninety years ago, Irish-born John Barry was the loss of BILL's mother. As we mourn her of the Bush administration. the first naval hero of the American Revolution passing, we pause to reflect upon the life of As an example, the ADA performed a thor- and is known as the Father of the United Luella Hyatt Clay. ough review of the Bush administration's for- States Navy. Eighteen Presidents have proud- Mr. Speaker, Mrs. Clay was born in Black eign policy record relating to Panama and ly proclaimed their Irish-American heritage. Jack and was the second of eight children. At Granada, and concluded that a failing grade Irish immigrants have always been willing to the age of 5, the family moved to what is now should be issued. Additionally, ADA evaluated take on the lowliest, most dangerous and St. Louis' Baden neighborhood because St. the Bush administration's performance on backbreaking of jobs. Their accomplishments Louis County did not provide schools for black budget issues, and once again issued a grade include the building of the eastern portion of children. When she was 17, Mrs. Clay married of F for programs which rewarded the wealthy the transcontinental railroad and working in Irving Charles Clay, Sr., a welder. They had at the expense of the Nation's neediest. ADA our Nation's coal mines. seven children and were married 56 years. Mr. is also credited for telling the truth about the Because of the significant contributions of Clay died in 1975. real rate of unemployment. The effort to pro- Irish-Americans, and their continued work to- Throughout her life, Mrs. Clay was devoted vide more accurate unemployment information ward the betterment of our country, the month to her family and church. She was affection- resulted in the release of similar such statis- of March has historically been recognized as ately known as ``Sis'' and loved by all who tical information by the Bureau of Labor Statis- Irish-American Heritage Month. I invite my col- knew her. Mrs. Clay was one of the oldest tics. ADA's leadership in this arena culminated leagues to join with me in observance and members of St Nicholas Catholic Church, in our being able to better gauge the number recognition of the sacrifices and significant which she and her husband joined in the of job training programs required for those un- contributions of Irish-Americans by recognizing 1940's. She also was a member of the employed. March as Irish-American Heritage Month. church's Ladies Sodality. The ADA has been a leader on may dif- f Mr. Speaker, in addition to Congressman ferent fronts, including civil rights and civil lib- BILL CLAY, Mrs. Clay leaves to mourn he pass- erties issues, nuclear arms control, apartheid WE MUST PROTECT OUR ing a son, St. Louis Alderman Irving C. Clay, in South Africa, workers rights, women's is- FREEDOMS Jr. She also leaves to mourn two daughters, sues, increases in the minimum wage and Mary Elizabeth Lloyd and Flora Everett. In ad- Federal budget and tax policies. Most recently HON. PHILIP M. CRANE dition to her children, Mrs. Clay leaves behind ADA provided support for the international OF ILLINOIS 20 grandchildren, including State Senator Wil- family planning resolution, which sought the IN THE HOUSE OF REPRESENTATIVES liam Lacy Clay; 30 great-grandchildren; and early release of 1997 funds to international or- Thursday, February 27, 1997 14 great-great-grandchildren. ganizations. Mr. Wife, Jay, joins me in expressing our The ADA is an invaluable organization, Mr. CRANE. Mr. Speaker, continuing a tra- condolences to BILL and Carol and other whose efforts need to be recognized. Its his- dition begun in the 98th Congress, today I members of the Clay family. It is our hope that tory is one of influence and effectiveness. May once again introduce legislation which reaf- the family will find comfort in knowing that oth- it continue for another 50 years. firms the commitment of this body to protect ers share their sorrow. Mrs. Clay was a very f the second amendment to the Constitution. special individual who touched the lives of The Founding Fathers recognized the right many. She will always be remembered. HONORING IRISH-AMERICAN of men to defend themselves, and guaranteed f HERITAGE MONTH Americans that this right would be preserved by the second amendment. At the time of our COMMEMORATING THE 50TH ANNI- HON. JAMES E. ROGAN Nation's founding, guaranteeing this right was VERSARY FOR THE AMERICANS OF CALIFORNIA an idea foreign to the monarchies that ruled FOR DEMOCRATIC ACTION IN THE HOUSE OF REPRESENTATIVES most of the world. James Madison noted this when he wrote that the right to keep and bear HON. CHARLES B. RANGEL Thursday, February 27, 1997 arms was an advantage which Americans pos- OF NEW YORK Mr. ROGAN. Mr. Speaker, I rise today to sess over the people of almost every other na- IN THE HOUSE OF REPRESENTATIVES recognize the significant contributions Irish- tion. Americans have made to our country and The 104th Congress did not bring the type Thursday, February 27, 1997 draw attention to March as Irish-American of assault on the second amendment as we Mr. RANGEL. Mr. Speaker, I rise today to Heritage Month. There are now more than 44 saw in the 103d Congress. However, unfortu- pay special tribute to the Americans for Demo- million Irish-Americans in the United States, or nately, the 104th Congress was unable to re- cratic Action, which is celebrating its 50th an- one in every six persons in our country. In verse or repeal some of the more egregious niversary. California, there are presently 4 million people errors made in this area by past Congresses. ADA is a prestigious organization whose of Irish descent. Indeed, only the House succeeded in passing achievements should be recognized. It is one Irish-Americans have been helping to forge legislation to repeal one such law, the so- of the largest and oldest liberal advocacy our country from the very beginning. At least called Federal assault weapon ban. groups in the country, with a membership in eight signers of the Declaration of Independ- Gun control laws have never worked to re- excess of 25,000. ence were of Irish origin, including the Presi- duce crime in America. Washington, DC, has February 27, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E347 some of the most restrictive gun control laws First Lady, Eleanor Roosevelt to resign from who have distinguished themselves, their in America, yet leads the Nation in per capita DAR and Secretary of the Interior Harold L. school, their community and the Common- murders. My own State of Illinois has some Ickes to invite Ms. Anderson to sing at the Lin- wealth of Virginia. very tough standards before its citizens can le- coln Memorial on Easter Sunday, April 9, The Hampton High School Crabbers Foot- gally possess firearms, yet since those laws 1939, which she did, to a huge crowd of sup- ball team had an awesome season this past went into effect, the crime and murder rates porters. year and I believe that the Crabbers deserve have dramatically increased. In 1955, Ms. Anderson became the first Afri- formal recognition for their accomplishments. I find it necessary, therefore, to remind my can-American artist to perform at the Metro- They are the 1996 group AAA Virginia State colleagues that our Nation's crime problems politan Opera and was named as a delegate Champions with a remarkable 14±0 record. cannot be solved by infringing upon the rights to the General Assembly of the United Nations The Hampton Crabbers have now won a of peaceful law-abiding Americans to own by President Eisenhower. She earned many total of 14 State championships and 5 over arms. Instead of an attack on guns, our laws distinctions during her lifetime which included the last 11 years. should focus on keeping behind bars the small more than 24 honorary degrees from various And when the Crabbers win, they don't just percentage of criminals who are responsible colleges and universities, medals from the win. This year, they set a national record by for committing the vast majority of crimes in Governments of Sweden, Finland, and Japan, outscoring their opponents 819 to 83. This the United States. Law abiding gun owners America's 1986 National Medal of Arts and the year's team won their 14th State champion- are not a threat to peace in America, rather first recipient of the Presidential Medal of ship game by final score of 51±0. criminals threaten the peace and security of Freedom. The Hampton Crabbers also broke the our families. It is fitting, Mr. Speaker that we pause to record for most touchdown passes in a sea- We must demonstrate to Americans that we create an official record in the annals of Con- sonÐ36Ðbreaking the old record of 30; and are resolved to protecting this right by support- gress in honor of this great American. most touchdowns scored in a seasonÐ40Ð ing this resolution to reaffirm the second f breaking the old record of 36. The team just amendment and the right of individuals to didn't make headlines in the Tidewater area. keep and bear arms, and I urge my col- RECOGNITION OF THE REPUB- This season the team was ranked No. 2 in the leagues to join as cosponsors of this resolu- LICAN WOMEN OF ANNE ARUN- Nation by USA Today; and ranked No. 1 by tion. DEL COUNTY the Sporting News, The Dick Butkus Football f Network, The National Prep Football Poll and HON. ROBERT L. EHRLICH, JR. the National Sporting News Service and the MARIAN ANDERSON—100TH OF MARYLAND National High School Athletic Coaches Asso- BIRTHDAY TRIBUTE ciation. IN THE HOUSE OF REPRESENTATIVES Over the last 26 seasons, the Hampton HON. CHAKA FATTAH Thursday, February 27, 1997 High Crabbers, led by Coach Mike Smith, OF PENNSYLVANIA Mr. EHRLICH. Mr. Speaker, I rise today to have amassed a record of 271 wins, 41 losses and 2 ties. During that period the Crabbers IN THE HOUSE OF REPRESENTATIVES pay tribute to an organization in my district celebrating its 60th anniversary this year. The have broken several State and national Thursday, February 27, 1997 Republican Women of Anne Arundel County records. In recognition of this remarkable sea- Mr. FATTAH. Mr. Speaker, on the occasion was formed in 1937 as the Federation of Re- son, Coach Smith has been named coach of of the 100th birthday of the great American publican Women of Anne Arundel County. Its the year by the National Sports News Service opera singer, Marian Anderson, Carnegie Hall founder was Edna Payne of Annapolis. and the National High School Athletic Coach- will resound with a tribute in her honor. On It is the oldest and largest Republican orga- es Association. Thursday, February 27, 1997, Robert Shaw nization in Anne Arundel County and the f will conduct the orchestra of St. Luke's and fourth largest in Maryland. Its current member- OHIO STATE TREASURER KEN the Morgan State University choir in the Mar- ship stands over 130 members and in- BLACKWELL MAKES THE CASE ian Anderson 100th Birthday Tribute. The pro- creasesÐboth men and womenÐyearly. FOR A BALANCED BUDGET gram will feature a range of music from oper- This group of civic-minded people is much AMENDMENT atic arias to spirituals reflecting the broad ar- more than a partisan organization. It is a com- tistic reach of Ms. Anderson's repertoire. Cele- passionate group which contributes countless brated guests, friend, and family will gather to hours and energy toward serving the people of HON. STEVE CHABOT remember this amazing woman with song, Anne Arundel County. It is a prime supporter OF OHIO IN THE HOUSE OF REPRESENTATIVES photographs, letters, and personal for a local domestic abuse shelter, makes con- reminiscences. From her first performance at tributions to the Salvation Army, the local food Thursday, February 27, 1997 Carnegie Hall in 1920 until her last in 1989, bank, and other important charities. Mr. CHABOT. Mr. Speaker, I want to insert Ms. Anderson performed over 50 times on the Mr. Speaker, this organization is a living ex- into the RECORD today an excellent article writ- Carnegie Hall stageÐmore than any other ample of the spirit of citizenship envisioned by ten by my friend, Ohio State Treasurer Ken venue in her career. the founders of this great Nation. Political and Blackwell. Ken has become one of the Na- Born to Anna and John Anderson on Feb- charitable participation are the duties of every- tion's leading voices for tax and budgetary re- ruary 27, 1897, in Philadelphia, PA, Marian one in a true democracy. The Republican form, community empowerment and economic Anderson became an internationally renowned Women of Anne Arundel County regularly growthÐpositions he articulated as a col- contralto and an aspiring symbol to all who prove that actions speak louder than words. I league of mine on the Cincinnati City Council, strive to achieve against tremendous odds. want to congratulate them on reaching this later as Assistant Secretary at the U.S. De- Ms. Anderson began her singing career like so 60th anniversary milestone. partment of Housing and Urban Development, many African-Americans, by singing in the f and now as Ohio treasurer. church choir of Union Baptist Church where Earlier this week, I had an opportunity to funds were raised to help pay for her voice RECOGNIZING THE ACCOMPLISH- participate in a Cincinnati event with Treasurer lessons. MENTS OF THE 1996 HAMPTON Blackwell in which he made a very strong In 1925, she won first prize at a contest HIGH CRABBERS FOOTBALL case for immediate adoption of a balanced held by the New York Philharmonic at Lewi- TEAM—VIRGINIA STATE CHAM- budget amendment to the Constitution of the sohn Stadium. In 1930, she toured Europe, PIONS United States. He elaborates on that message winning from Toscanini the tribute, ``the voice in his excellent op-ed piece, published recently that comes once in a 100 years.'' In 1939, Ms. HON. ROBERT C. SCOTT in the Washington Times. I agree with him Anderson became the center of national atten- OF VIRGINIA wholeheartedly and I commend the column to tion when the Daughters of the American Rev- IN THE HOUSE OF REPRESENTATIVES my colleagues. olution [DAR], barred her from singing at Con- [From the Washington Times, Jan. 21, 1997] Thursday, February 27, 1997 stitution Hall in Washington, DC and the sub- BALANCED BUDGET AMENDMENT TIMING sequent refusal of the Washington, DC School Mr. SCOTT. Mr. Speaker, on behalf of Con- (By Kenneth Blackwell) Board to grant her use of Central High gressman HERB BATEMAN and myself, it is with Every generation or so, an idea that re- School's auditorium. Resulting publicity and honor and great pride that I rise today to rec- quires amendment or reinterpretation of the DAR's public snub of Ms. Anderson, led the ognize a group of young men from my district Constitution comes along. E348 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 1997 Just over 200 years ago, the idea was the to fight wars or recessions. One sentence be taken. Mr. Speaker, this Member com- Bill of Rights, adopted to make sure Amer- from the 14th Amendment will dispose of mends to his colleagues the following editorial ican citizens would never be subject to arbi- this objection: ‘‘Congress may, by a vote of written by the Norfolk Daily News in Norfolk, trary federal intrusions on their liberty. two-thirds of each house, remove such a dis- In the aftermath of the Civil War, the idea ability.’’ And if two-thirds of each house can- NE. It touches upon some of the areas in was embodied in the 13th, 14th and 15th not be persuaded to agree, then maybe the which the U.S. Government can take addi- amendments abolishing slavery, conferring bills for such wars or economic problems are tional positive steps in the effort to stop illegal citizenship and extending voting rights to a not ones we should leave for our grand- immigration. If we as a nation are to stop ille- sizable and productive segment of our soci- children. gal immigration, we must stop illegal aliens ety. The historian Henry Brooks Adams wrote from using fraudulent documentation and ac- In the first two decades of the 20th cen- in 1907 in ‘‘The Education of Henry Adams’’ quire jobs and other benefits accorded to legal tury, the idea was women’s suffrage. In the that ‘‘Practical politics consists in ignoring residents, and we must improve upon recent middle decades, the idea was fulfilling the facts.’’ promise of the 13th through 15th amend- With the amendment, our elected rep- efforts to stop aliens from gaining long-term il- ments. resentatives at the federal level will have to legal residence in the United States by over- The idea now is the Balanced Budget choose between offending taxpayers by pay- staying their visas. Amendment. ing for programs as we go or offending im- In implementing voluntary worksite enforce- In ‘‘My American Journey,’’ Colin Powell portant constituencies by facing the fact ment and pilot programs in employment eligi- says correctly the ‘‘great domestic challenge that we cannot afford their programs. With bility verification, reducing the number of work of our time is to reconcile the necessity for no amendment, our politicians can meet the authorization documents, and making border fiscal responsibility with the explosive Adams test of practicality by continuing to crossing identification cards tamper-resistant, growth in entitlement programs,’’ and that ignore the fact that their programs are af- we have to face up to reducing the entitle- fordable only if we stick generations to come Congress and the administration has taken ment system or raise taxes to pay for it—we with the tab. some necessary initial steps toward hindering cannot continue to pass on to ‘‘your children The only salient questions about a Bal- the ability of aliens to illegally enter the U.S. and grandchildren the crushing debt that we anced Budget Amendment have been asked for employment or other purposes. It is imper- are currently amassing as their inherit- before in the context of all the other amend- ative that the establishment of tamper-resistance.’’ ments. ant Social Security cards and the implementa- Nobody these days is expressing much dis- If not us, who? If not now, when? tion of tested, effective, mandatory employ- agreement with the general’s point. Elimi- The questions are unanswerable for oppo- nating the deficit is the motherhood issue of nents of the amendment. For proponents, the ment eligibility verification programs be among the ’90s. Everybody is in favor of it. The answers are clear. some of the next steps that this country takes question I ask opponents of a Balanced Budg- The who is us. And the time is now. in addressing the problem of illegal immigra- et Amendment is: If they are so in favor of f tion. In this Congress, the Gentleman from the motherhood, what do they have against mar- 8th Congressional District of Florida, Mr. riage? Why should we not solemnize with a STEMMING THE RISING TIDE OF McCollum, has introduced legislation of which constitutional contract our commitment to ILLEGAL IMMIGRATION: THE this Member is proud to be an original cospon- do what they agree must be done about our NEXT STEPS spending? sor. This legislation would improve the integ- Two of William F. Buckley’s current ‘‘Fir- rity of the Social Security card and system and ing Line’’ series feature the Balanced Budget HON. DOUG BEREUTER provide criminal penalties for fraud and related Amendment. I was part of the team support- OF NEBRASKA activity involving work authorization docu- ing it; the other side was led by Sen. Daniel IN THE HOUSE OF REPRESENTATIVES ments. Patrick Moynihan. I think most observers Thursday, February 27, 1997 Mr. Speaker, more time is needed to ade- would agree that nobody opposing the quately measure the beneficial effects of the amendment is likely to grasp and articulate Mr. BEREUTER. Mr. Speaker, the Immigra- Illegal Immigration Reform and Immigrant Re- the arguments more effectively than he, so it tion and Naturalization Service [INS] recently sponsibility Act of 1996. It is clear to this follows for me that if his points can be ad- announced that the estimated population of il- dressed, the case for the amendment is made. Member that the 105th Congress and the ad- The senator asserts that we should not try legal aliens living in the United States in- ministration must work together and propose to solve every political problem by tinkering creased by well over 1 million people to a total additional tough measures that will assist in with the Constitution. True, but if it were of 5 million in the last 4 years. This revelation closing the door to massive numbers of illegal not for some tinkering in 1913, the senator should act as a call to action for all who serve aliens. A country that cannot effectively control would now occupy his office only if he were the best interests of our Nation. The integrity its borders against illegal immigration is failing able to campaign as effectively among mem- and well-being of the United States continues a basic responsibility of a sovereign nation. bers of the upper house of the New York leg- to be under siege from a rising tide of individ- [From the Daily News, Feb. 19, 1997] islature as he does among the state’s reg- uals who, by entering the U.S. illegally and ex- istered voters. MORE ILLEGALS DESPITE REFORM—NUMBERS We have been trying to fix the deficit prob- ploiting the rights and privileges accorded to MUCH THE SAME AS IN 1986 WHEN NEW LEG- lem with legislative action for more than 20 legal residents, demonstrate a fundamental ISLATION WAS ADOPTED years, but our legislative and executive lack of respect for this country's laws and the There are 5 million illegal immigrants in branches have lacked the political will to get rights and commitments of American citizens America, according to the Immigration and it done. Some political problems can be who honor and abide by them. Naturalization Service. It is an estimate solved only by amendment. The 17th Amend- Mr. Speaker, illegal immigration continues to only. That means the problem is the approxi- ment was not tinkering, and neither is the have a profound negative impact on our job mate equivalent of that which prompted the Balanced Budget Amendment. market and workforce, our public assistance Immigration Reform and Control Act of 1986. The senator noted that states have become Under that act, 3 million long-termers were dependent on federal monies, and he asked programs, our educational institutions, and our legalized and subsequent steps were taken to what the impact of the amendment would be health care system. Moreover, massive illegal limit new illegal arrivals. on Ohio. The answer is it will be a $2.4 billion immigration places a tremendous strain on the Obviously, and despite strengthening bor- hit or about 8 percent of the state’s budget. social fabric of this Nation and our society's der patrols and creating additional physical Cutting spending enough to make up for this capacity to continue to welcome generous barriers, the flow continues. Many (41 per- loss will not be fun, but we are already mak- numbers of legal immigrants to America. The cent by INS estimates) of the illegals are ing plans to do it, and other states can do negative impact of illegal immigration is being people who entered the United States legally the same. felt by not just one or a few regions of the but have simply remained in the country Opponents say the federal budget is too after their visas expired. complex, that a workable amendment simply country in particular; it is being felt throughout A stab at immigration reform last year, cannot be drafted. If they really believed the NationÐfrom the rural communities of Ne- which increased the enforcement manpower that, we would not be having this debate. braska and Iowa to the metropolitan areas of levels to create tighter border control, does The opponents would pass it, watch it fall of New York and California. not appear to have had much effect. its own weight, spend around the wreckage, Last year, the 104th Congress took a major Members of Congress continue to reject the and blame proponents for a dumb plan. step toward stemming the tide of illegal immi- idea of a mandatory identification card for Forty-eight states have a working balanced gration when it passed the most sweeping im- workers. But with such a system, fake docu- budget requirement. It is precisely because ments might not be quite so easy to obtain. it can be made to work at the federal level migration reform legislation introduced in re- Employers could be expected to exercise that they are so against it. cent history, the Illegal Immigration Reform more control in hiring. Opponents say an ironclad amendment and Immigrant Responsibility Act of 1996. Americans already carry driver’s licenses; would leave us unable to come up with funds However, it is clear that further steps need to photo IDs are required for air travel these February 27, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E349 days. Social Security cards are needed, Companion For Justice For All People . . .’’, Brown served on the executive board of the though there is no penalty for not having Brown was rubbing elbows with people who National Bar Association, he received nu- one in your billfold. Americans who want to held esteem for equal justice for all Ameri- merous honors and awards which includes travel abroad do have to prove citizenship cans such as Wiley Branton, Sr., Esquire, the C. Francis Stratton Award of the Na- and be issued passports. (now deceased); U.S. Representatives Louis tional Bar Association, the NAACP Legal So the intrusion on personal freedom of an Stokes, Michael Espy, Mervyn Dymally, Defense and Educational Fund Award; and, identification card for workers seems slight Walter Fauntroy and Julian Dixon; William the Illinois State University Award of under the circumstances. And if it would be Coleman, Jr., former Secretary of the De- Achievement. Brown’s fraternal affiliations a help to employers to make sure they are partment of Transportation; Ramsey Clark, included Phi Beta Sigma Fraternity, the not hiring illegals, and to all those officials former U.S. Attorney General; and AME Elks, and L.K. Atwood Lodge. Brown was a being paid to enforce immigration laws, then Bishop H. H. Brookins. member of Pratt United Methodist Church in it would be worthwhile. Brown was accustomed to such invitations Jackson, Mississippi. Injustice is done to all legal immigrants and honors: a civil rights lawyer, he had When asked about her greatest contribu- and to all American citizens and taxpayers served as a member of the team lawyers who tion to R. Jess’ and his undaunted efforts to by ineffective controls. Surely the require- had systematically dismantled the discrimi- gain equality under the law for American ment for ID cards is preferable to financing natory segregationists and ‘‘Jim Crow’’ laws with African heritage, Mrs. Brown said ‘‘R. higher barricades or hiring more border pain America, especially in the South and Mis- Jess was a humanitarian, educator, and trol officers. sissippi. Brown’s contributions to American fighter for civil rights. I made my contribu- f society are a reading of U.S. History and tion as a friend, wife, mother to our children Mississippi History. and someone with whom he could confide ONE OF AMERICA’S GREATEST In 1948, Brown joined Gladys Noel Bates in and consult with on any subject. I have given TREASURES seeking equal salaries for black teachers in it to R. Jess, he valued and respected my Jackson when very few, if any, blacks dared opinions and my knowledge.’’ to oppose the historically white supremacy AT FIRST GLANCE FACT ABOUT R. JESS BROWN HON. BENNIE G. THOMPSON power structure in the Magnolia State. September 2, 1912—December 31, 1989. OF MISSISSIPPI Jether Walker Brown, his widow who still Formal Education: Public Schools of IN THE HOUSE OF REPRESENTATIVES lives in Jackson, said ‘‘when Jess stepped in to help Mrs. Bates, almost no one was speak- Muskogee, Oklahoma. Thursday, February 27, 1997 ing to her because of intimidation by whites. Undergraduate Education: Illinois State Jess stepped in and almost immediately University. Mr. THOMPSON. Mr. Speaker, I rise today Graduate Education: Indiana University. to recognize one of Mississippi's most out- made the Black people feel ashamed for their actions.’’ Jether Brown went on to say that Legal Education: Texas Southern Univer- spoken heroes and one of America's greatest ‘‘things were not easy for him (Jess) or any sity School of Law. Admitted To Practice Law: All Mississippi treasures. Although the contributions that of us during this time. Anyone or any group State Courts; U.S. District Courts for the Americans of African descent have made to associated with helping Blacks get equal Southern/Northern Districts of MS. this country are inexplicably woven into the treatment ‘‘receiving death threats harass- Profession: High School Teacher, College ment and vindictive and cruel intimidation; very fiber of freedom and democracy upon Professor, Lawyer. this included men, women and children. This which this country was founded, they are con- Married to Jether Lee Walker Brown; was especially true for Jess, me and our two sistently overlooked and seldom find their Jackson, MS. children. Oh Lord, it wasn’t easy!’’ place in history books alongside those of their Mrs. Brown also said that her husband rep- Children: Jacqueline Brown Staffney; white counterparts. However, because the rec- resented a lot of Black people in cases where Jackson, MS and Richard Jess Brown; Jack- ognition of these contributions has been rel- Mississippi sought the death penalty; but, son, MS. egated to 1 month out of the yearÐthis these Black folk were never executed be- MAJOR ACCOMPLISHMENTS monthÐinstead of everyday, I would like to cause her husband would keep on appealing Filed the first civil rights suit in Mis- take a moment to share with you an article their cases until some judge or court would sissippi seeking the enforcement of the right from ``The Mississippi Link'', a paper in the overrule Mississippi’s decision to execute. of Americans with African heritage to be- In the 1950’s Brown filed the first civil district I represent. This article commemorates come registered voters. rights suit in Mississippi in Jefferson Davis Represented James Meredith in opening the life of Mr. R. Jess BrownÐCivil Rights pio- County seeking the enforcement of the right the doors of the University of Mississippi to neer and true supporter of democracy. of Black citizens to become registered vot- American with African heritage with other ‘‘R. JESS BROWN: A MEMORIAL TRIBUTE TO ers. He was successful in obtaining Clyde lawyers from the NAACP Legal Defense KEEP HIS MEMORY ALIVE’’ Kennard’s release after Kennard was con- Fund. (By Nettie Stowers) victed for the theft of chicken feed after at- MEMORIAL TRIBUTE tempting to register to vote at Mississippi SPECIAL TO THE MISSISSIPPI LINK Southern University. In the 1960’s, Brown The Magnolia Bar Association (R. Jess R. Jess Brown, a citizen of Mississippi re- was among the team of lawyers who rep- Brown was a co-founder) presents the R. Jess siding in the city of Jackson, in September, resented James Meredith in opening the Brown Award to a deserving attorney. 1988 was summoned by the U.S. Congres- doors of Ole Miss to Blacks. R. Jess Brown Park; Capitol Street; Jack- sional Black Caucus and the Congressional The civil rights lawyer represented Mack son, Mississippi. Black Caucus Foundation, Inc. to the Na- Charles Parker in the Circuit Court in Pearl f tion’s Capitol. Brown had been invited to at- River County, Miss., who was lynched and tend and participate in ‘‘A Special Tribute thrown in the Pearl River after Brown raised INTRODUCING THE LAND To A Great American, The Honorable the jury selection question prior to Parker’s RECYCLING ACT OF 1997 Thurgood Marshall, U.S. Supreme Court Jus- trial. And, while serving as counsel for the tice’’ that was hosted by the Black Caucus American Civil Liberties Union (ACLU), and Foundation. Brown was successful in obtaining reversals HON. JAMES C. GREENWOOD This invitation to attend and participate of convictions of Black defendants because OF PENNSYLVANIA in the tribute was due Brown, in part, be- discrimination against blacks in jury selec- IN THE HOUSE OF REPRESENTATIVES cause the Jackson, Miss. attorney had been a tion in Scott and Warren Counties. Thursday, February 27, 1997 member of the NAACP Legal Defense Fund Before Brown’s untimely death in 1989, At- which had also included Justice Marshall. torney Firnst J. Alexander, Jr., assisted Mr. GREENWOOD. Mr. Speaker, today I According to the Magnolia Bar Association, Brown in obtaining an acquittal for a Black am introducing the Land Recycling Act of in his august career, Brown ‘‘played a major defendant accused of being involved in at- 1997, legislation designed to spur economic role with the NAACP Legal Defense lawyers tempted armed robbery of an alleged white growth in virtually every community across the in (ending) the discrimination against victim in Neshoba County, Miss., where the country, particularly in America's urban core. Blacks in the areas of transportation and alleged victim was shot. other public accommodations along with Mrs. Brown said, ‘‘All of R. Jess’ cases THE BROWNFIELDS EPIDEMIC (the) Honorable Thurgood Marshall, then As- were important; but I’d say that lawyers in My bill is an aggressive attack on sociate Justice of the United States Supreme the State of Mississippi were hard to find brownfields, abandoned or underutilized Court (now deceased); (the) Honorable Con- and Mississippi had a rule that out-of-State former industrial properties where actual or stance Baker Motley and Robert L. Carter, civil rights lawyers could not come in and potential environmental contamination hinders now (both are) residing judges in the United represent the people who were suffering and States District Court for the State of New dying from discrimination—a local lawyer redevelopment or prevents it altogether. The York; and other NAACP Legal Defense law- had to take the lead.’’ That’s how we got U.S. Environmental Protection Agency [EPA] yers.’’ some of the lawyers in Mississippi whose estimates that there may be as many as At this tribute, billed as ‘‘A Special Trib- names are a part of civil rights history like 500,000 such sites nationwide. In my own ute To Thurgood Marshall . . . The Lifetime Carsie Hall, Jack Young, Sr. and others. congressional district, the southern portion of E350 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 1997 Bucks County is estimated to have 3 square In stark contrast, 32 States have launched the environment. Accordingly, my bill makes miles of abandoned or underutilized industrial so-called voluntary cleanup programs. Under numerous exceptions to the EPA enforcement property. these initiatives property owners comply with ban. Sites listed on the Superfund National This epidemic poses continuing risks to State cleanup plans and are then released Priorities List [NPL] are not eligible, for in- human health and the environment, erodes from further environmental liability at the site. stance, nor would any site that EPA proposed State and local tax bases, hinders job growth, The subcommittee has received testimony in for listing on the NPL; nothing in the legislation and allows existing infrastructure to go to the past from a variety of States and the U.S. limits EPA's current authority to investigate waste. Moreover, the reluctance to redevelop Environmental Protection Agency [EPA] dem- sites pursuant to CERCLA section 104 to de- brownfields has led developers to undevel- onstrating that these State voluntary cleanup termine whether they are eligible for listing on oped greenfields, which do not pose the risk programs have been responsible for the rede- the NPL. Thus, Federal enforcement authori- of liability. Development in these areas con- velopment of hundreds of brownfields. ties will not be limited at any site that is truly tributes to suburban sprawl, and eliminates fu- In the first year the Commonwealth of Penn- of national significance. Further, the limitations ture recreational and agricultural uses. The sylvania enacted its brownfields program, it on enforcement will not apply to any site that Land Recycling Act will help stop urban ero- succeeded in cleaning 35 sites. is already being addressed pursuant to con- sion, and provide incentives to the redevelop- Although many of these State laws have sent decrees or other agreements with the ment of our cities and towns across the coun- proven successful, States, businesses, and United States. If someone has agreed with try. other experts have tested that they could be EPA to clean up a site, they should clean it THE SOURCES OF THE PROBLEM far more effective if participation in a State vol- upÐthe Act is not an escape hatch for parties The brownfields problem has many sources. untary cleanup program also included a re- responsible for cleaning up environmental con- Foremost among them is Federal law itself. lease from Federal environmental liability. At tamination. Under the Comprehensive Environmental Re- field hearings in my district last September This limitation on enforcement will allow par- sponse, Compensation and Liability Act and in Columbus, OH, on February 14, 1997, ties tremendous certainty in their decisionmak- [CERCLA], more commonly known as the House Commerce Subcommittee on Fi- ing. Knowing that they only have to deal with Superfund, parties who currently own or oper- nance and Hazardous Materials, chaired by a State, redevelopers can be certain that once ate a facility can be held 100 percent liable for Mr. OXLEY heard testimony that the possibility they have reached agreement with a State on any cleanup costs regardless of whether they of continuing Federal liability despite an agree- the scope and extent of any necessary clean- contributed to the environmental contamination ment to limit State liabilityÐthe so-called dual up, that agreement will not be second- and regardless of whether they were in any master problemÐseriously diminishes the ef- guessed by the Federal Government. way at fault. The imposition of this liability has fectiveness of State voluntary cleanup pro- The act has two provisions aimed directly at led to tragic consequences, including the po- grams. Because redevelopers face the poten- ensuring Superfund's sweeping liability tential that a completely innocent purchaser of tial for cleanup obligations above and beyond scheme does not apply to innocent parties. property can be held liable for catastrophic en- what a State has decided is appropriate to The first protects prospective purchasers of vironmental damage. Because of the potential protect health and the environment, they may property from Superfund liability if they con- for this kind of liability, it is no wonder that po- hesitate to enter into agreements with sellers duct a baseline assessment of a facility's con- tential developers recoil from any site with a to purchase idle properties. The testimony es- tamination, do not contribute to any contami- history of industrial activity. It is simply not tablishes, in my mind, that if brownfields rede- nation at a property, and otherwise comply worth dealing with the environmental exposure velopers could be confident that the cleanup with law. It is EPA's current policy to grant this when they have the alternative of developing agreements entered into with States would not relief, but it may only be accomplished through in rural areas with no potential for liability. The Resource Conservation and Recovery be second-guessed by EPA, then they would the cumbersome, time-consuming process of Act [RCRA] poses nearly identical concerns. be far more likely to agree to conduct a clean- negotiating and entering into an agreement Under section 7003 of that law, for instance, up. with the United States. The bona fide prospec- EPA has broad authority to order a current THE LAND RECYCLING ACT SOLUTIONS tive purchaser provision is self-executing, and owner-operator to address environmental con- Based on the input of all of the stakeholders therefore obviates the need to conduct a time- tamination, again, regardless of fault. in the brownfields debateÐthe Federal Gov- consuming negotiation for a prospective pur- RCRA also hinders redevelopment of prop- ernment, States, local governments, sellers, chaser agreement with EPA. erties that may be subject to its corrective ac- buyers, developers, lenders, environmental- Another provision deals with innocent land- tion program, many of which are in Pennsylva- ists, community interests, and othersÐand in owners. Building on language that has had a nia and throughout the Great Lakes region. particular based on my own experiences in my bipartisan consensus over the last several Enacted in 1984, RCRA's corrective action district, I have drafted the Land Recycling Act years, the Land Recycling Act shields innocent provisions comprise two relatively innocuous to remove Federal barriers to the cleanup of landowners from CERCLA liability if they have looking paragraphs requiring environmental brownfields across the country. The solutions made all appropriate inquiry into the condition cleanup of hazardous waste releases for cer- I propose, I am proud to say, do not cost the of a property prior to acquiring it. The bill retain regulated facilities. Unfortunately, Con- American taxpayers one nickel. Instead, they quires an environmental assessment of the gress failed in these provisions to set out with will unleash the enormous capital of the pri- property to have been performed within 180 any real specificity how EPA was to implement vate sector to get brownfields cleaned up and days of acquisition in order to satisfy the all these requirements. As a result, well over a put back to productive use. appropriate inquiry standard. decade after enactment of the statute, EPA First, the act removes what I believe is the I believe these three straightforward solu- still has not finalized regulations governing the most significant obstacle to redevelopment: tions will provide an aggressive antidote to the corrective action program. The glacial pact of the fear of EPA intervention at a site being epidemic of brownfields in America. Let me EPA's rulemaking, in turn, has left many own- cleaned up pursuant to a State voluntary say, though, that I am not, nor do I think my ers of facilities subject to corrective action in cleanup program. The Land Recycling Act pro- original cosponsor Congressman KLINK, are a regulatory void, either unwilling to begin en- hibits any personÐother than a StateÐfrom wedded to any particular provision contained vironmental cleanups because of the uncer- using any enforcement provision of CERCLA in the bill. I know that my friends in the envi- tainty as to what will be required of them, or or RCRA with respect to a release of hazard- ronmental community will have concerns with simply unable to because of the lack of regu- ous substances at any facility that is being ad- some of the approaches we have taken. Some latory guidance. Like other brownfields, these dressed pursuant to a State voluntary cleanup in industry, on the other hand, have told me sites lie idle. In many instances, it simply program. In order to take advantage of this li- that legislation like this does not go nearly far makes no business sense to begin performing ability shield, a State must certify to EPA that enough, either in the kinds of sites it address- cleanups in the absence of some certainty as it has enacted a voluntary cleanup program es nor in the certainty that it provides under to what standards will be used in addressing and that it has the resources necessary to Federal environmental law. I look forward to a them. This is frustrating for the business that carry out the program, and notify EPA of the vigorous debate because I am confident that own these properties and for the communities facilities being addressed pursuant to the pro- we can resolve these issues. in which they are located. gram. THE NEED FOR COMPREHENSIVE REFORM In the past several years Congress has con- I am very sensitive to the concern that this While I am confident that the Land Recy- sidered a variety of proposals to combat these provision could lead to a ``race to the bottom'' cling Act will go a very long way toward get- problems. Unfortunately, we have not yet en- among the States, which, some argue, may ting the half million brownfields sites across acted, been able to enact, amendments to lower their cleanup standards in order to at- the country cleaned up, we in Congress have CERCLA or RCRA. tract new jobs at the expense of health and a much larger task at hand. I strongly support February 27, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E351 a comprehensive overhaul of the Superfund If the Internal Revenue Service were to effort by the Congress to actually solve Puerto Program to ensure that we do not perpetuate allow the public to pay taxes with a credit Rico's political status. the brownfields problem across the country. card, it could not absorb the 3-percent service I appreciate the strong bipartisan support for The Congress needs to address liability is- charge per credit card transaction. this legislation by such a large number of sues, remedy selection concerns, and other Under Mastercard and Visa's policy, the IRS Members of Congress during the 104th Con- matters that have prevented Superfund from would have to absorb the $300 million in serv- gress, and now in the 105th Congress. I par- accomplishing more in its 17-year existence. I ice charges the two companies would collect ticularly want to thank Speaker GINGRICH for am both dissatisfied with the current pace of on $10 billion worth of credit card tax pay- his involvement and support of this measure NPL site cleanups convinced that the roots of ments. State and local government agencies since its inception. Puerto Rico's delegate, many of the brownfields problems lie through- face a similar obstacle. Resident Commissioner CARLOS ROMERO- out the Superfund statute. The legislation I am introducing will remove BARCELOÂ , has been working side-by-side with I look to the chairman of the Commerce this obstacle and provide the public a conven- the sponsors of this bill, and his cooperation Committee, Mr. BLILEY, and the chairman of ient option for conducting their business with and leadership has been critical to this en- the Finance and Hazardous Materials Sub- public agencies at a minimum of expense. deavor. My colleague from New York, JOSEÂ committee, Mr. OXLEY, for leadership on com- I urge my colleagues to support this legisla- SERRANO, has also been particularly support- prehensive Superfund reform. These two tion. ive and helpful in this process. I also want to chairmen ably fought for Superfund reform in f thank Chairman GALLEGLY, Chairman GILMAN, the last Congress, but the process unfortu- Chairman BURTON, Chairman POMBO, and Mr. THE INTRODUCTION OF THE UNIT- nately broke down in the mire of election year KENNEDY from Rhode Island for their outstand- ED STATES-PUERTO RICO POLIT- politics. I hope that 1997 offers more promise, ing efforts to address Puerto Rico throughout ICAL STATUS ACT and that they will consider including the Land the 104th Congress; Chairman SOLOMON of Recycling Act as part of their Superfund re- the Rules Committee for his excellent work on form package. HON. DON YOUNG the fast track procedures, as well as all the f OF ALASKA other distinguished co-sponsors for both political parties. MAKING GOVERNMENT AGENCIES IN THE HOUSE OF REPRESENTATIVES MORE ACCESSIBLE Thursday, February 27, 1997 Resolving Puerto Rico's political status is a top priority of the Committee on Resources Mr. YOUNG of Alaska. Mr. Speaker, today, Oversight Plan for the 105th Congress. The HON. JAMES P. MORAN I'm pleased to introduce the United States- leadership of the House also recognizes this OF VIRGINIA Puerto Rico Political Status Act (H.R. 856). as a matter of the highest priority. This landmark legislation will end 100 years of IN THE HOUSE OF REPRESENTATIVES To demonstrate the commitments of this uncertainty for the people of Puerto Rico and Thursday, February 27, 1997 Congress to act quickly on this matter, three allow them to determine the political status for hearings have been scheduled on this legisla- Mr. MORAN of Virginia. Mr. Speaker, today themselves and future generations. tion. The first will be held in Washington, DC, I am introducing legislation that will amend the The text of the legislation is identical to the on Wednesday, March 19, 1997 to enable the truth in savings law to make Government updated version of the bill introduced as H.R. leaders of the Government of Puerto Rico and agencies more accessible to the public. 4281 in the 104th Congress on September 28, the political parties to express their views re- In recent years State and local govern- 1996. This bill reflects the efforts of many of garding their preferred status. I will also ask ments, along with the Federal Government, my colleagues during the last 2 years to for- the Clinton administration to present their for- have made a conscientious effort to improve mulate a fair, clear, and complete process that mal position regarding the legislation at this the quality and efficiency of their customer will once and for all, provide for the final reso- hearing. In addition, two hearings will be con- services. lution of Puerto Rico's political status. This is ducted in Puerto Rico, the first in San Juan on Public expectations now focus on conven- the starting point in the process which is long April 19 and the second in Mayaguez on April ience, quickness, and completeness when re- overdue and the people of Puerto Rico de- 21. ceiving public services. serve. Given the option, many people would prefer The Legislature of Puerto Rico has once Those hearings will be dedicated to allow to register their car, pay their water bill, or again asked the Congress to take action to re- Congress to hear directly from the widest pos- their real estate and personal property taxes solve Puerto Rico's political status. Two weeks sible spectrum of views of the people of Puer- over the telephone with a credit card. ago, a bipartisan delegation from Puerto Rico to Rico. No proposal or idea will be excluded It is quick, convenient, and spares people personally delivered copies of the resolution, from the process, but we intend for Congress the time and expense of visiting the motor ve- asking the 105th CongressÐand I quote: to work its will on this question in 1997. hicle office or tax office and spending their to respond to the Democratic aspirations That is what the people of this Nation, in- time waiting in long lines. of the American citizens of Puerto Rico in cluding our fellow citizens in Puerto Rico, de- Payment of taxes with credit cards has the order to attain a process which will guaran- serve from the 105th Congress, and in my added benefit of enabling taxpayers to avoid tee the prompt decolonization of Puerto view that is what the national interest requires the stigma and added expense of late tax pay- Rico, through a plebiscite sponsored by the us to do. ments, since the card holder can avoid the Federal Government, which shall be held no Following is the text of House Concurrent later than 1998. late penalty fee and extend their payments out Resolution 2, enacted by the Puerto Rico Leg- over several months. This bill answers the Legislature's request islature of January 23, 1997, which asks the This legislation is necessary because the by providing for a vote on Puerto Rico's politi- 105th Congress and the President to sponsor major credit card companies insist that public cal status before December 31, 1998. a vote in Puerto Rico on political status before agencies be treated the same as department As the only Representative from AlaskaÐa the end of 1998: stores and restaurants who are prohibited by State that made the transition from territorial HOUSE CONCURRENT RESOLUTION 2 the credit card companies from passing the status to full self-governmentÐI know first cost of credit card transactions directly onto hand that the process does work. This bill pro- To request of the One Hundred Fifth Con- the customer. vides the process by which Congress and the gress and the President of the United States residents of Puerto Rico define and approve of America to respond to the democratic as- Merchants must swallow this cost or pass pirations of the American citizens of Puerto this cost on to their cash paying customer politically acceptable options through a multi- Rico, in order to achieve a process that guar- through higher prices. Few merchants com- staged Democratic process. This allows for antees the prompt decolonization of Puerto plain because they can raise their prices and the political will of the United States and Puer- Rico by means of a plebiscite sponsored by encourage their customers to buy more on to Rico to be determined freely and democrat- the Federal Government, which must be held credit than they could pay with cash. ically. no later than 1998. Public agencies are different. The U.S. Congress and the President have STATEMENT OF MOTIVES The Government should not raise every- a moral obligation to act so the people of As the present century draws to a close one's taxes to pay for credit card user fees. Puerto Rico can finally resolve their status. and a new millennium full of hope is about Moreover, State and local law may prohibit We are taking action today by re-introducing to begin, men of good will must act affirma- or restrict public agencies from absorbing or the United States-Puerto Rico Political Status tively to leave any colonial vestige behind spreading this cost. Act. Today marks the beginning of a historic them. E352 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 1997 The United States of America has contrib- nority Leader of the House, stating their goals of political, economic and social devel- uted to fundamental changes towards democ- total support of H.R. 3024, which had been opment that constitute the legacy of a cen- racy and full participation in political proc- presented to that body in response to Con- tury in which the political status of Puerto esses in other countries, thus asserting the current Resolution No. 62. Rico has evolved within the flexibility al- universal principles of human rights. The Subcommittee on Insular and Native lowed under the American constitutional Just as the United States has successfully American Affairs of the United States House framework. Although historical forces have promoted democratic values in the inter- of Representatives, exercised primary juris- caused the ongoing evolution of Puerto Rico national sphere, it is now appropriate for diction over the matters set forth in Concur- towards self-determination to be delayed at that nation to attend to the claims for full rent Resolution No. 62. While studying and sometimes and accelerated at others, now is political participation of the 3.75 million approving H.R. 3024 on June 12, 1996, the Sub- the time to take the final step. This historic American citizens of Puerto Rico. committee considered proposals—rejected moment requires the adoption of measures On November 14, 1993, the Government of until then—for the adoption of the redefini- that are carefully pondered yet decisive, in Puerto Rico supported a plebiscite on Puerto tion of Commonwealth, either as included in order to solve the political status of Puerto Rico’s status. Three different political op- the 1993 plebiscite ballot or, as an alter- Rico by the beginning of a new century and tions were submitted to the People: State- native, the non binding and never-adopted a new millennium. hood, represented by the New Progressive definition presented in a 1990 legislative re- In 1998 Puerto Rico must not complete one Party; Independence, represented by the port to the United States House of Rep- hundred years of colonialism under the Puerto Rican Independence Party; and Com- resentatives on the status of Puerto Rico. American flag without at least being in an monwealth, represented by the Popular Both proposals on Commonwealth were over- irreversible, inevitable process of Democratic Party. This last option, rede- whelmingly defeated in votes of ten to one decolonization. fined by its advocates, is based on a bilateral for the first, and eight to one, for the second. Be it Resolved by the Legislative Assembly of pact that cannot be revoked or amended uni- On June 26, 1996, the House Committee on Puerto Rico: laterally by Congress. It had the following Rules adopted House Report 104–713, Part 2, Section 1.—To request of the One Hundred essential elements: first, parity of founding which endorsed well-founded provisions for Fifth Congress and the President of the Unit- with the states in federal assistance pro- the purpose of facilitating congressional con- ed States of America to respond to the demo- grams; second, tax exemption within the sideration of the measures that responded to cratic aspirations of the American citizens of scope of the former Section 936 of the United the results of the self-determination process, Puerto Rico, in order to achieve a means of States Internal Revenue Code, since re- as contemplated in H.R. 3024, which set forth guaranteeing the prompt decolonization of pealed; and third, the power of the Common- a 3-stage decision-making process, with peri- Puerto Rico through a plebiscite sponsored wealth to impose tariffs on agricultural odic referral in the event of an inconclusive by the Federal Government, to be held no products imported into Puerto Rico. The result in any of the stages. later than 1998. Commonwealth option obtained 48.2% of the We recognize that substantial progress was Section 2.—It is hereby ordered that this votes cast in the 1993 plebiscite, while State- achieved during the One Hundred Fourth Concurrent Resolution be delivered to all hood obtained 46% and Independence, 4%. In Congress in establishing a federal policy to members of the Congress of the United a prior plebiscite, convoked by the Govern- promote the decolonization of Puerto Rico. States of America, to the President, the Hon. ment of Puerto Rico in 1967, Commonwealth But today, at the commencement of the William J. Clinton, and to the Secretary had obtained 60% of the votes, while State- work of the One Hundred Fifth Congress, the General of the United States. hood obtained 37.8%. reality of the situation is that after almost Section 3.—The Speaker of the House of On December 14, 1994, the Legislative As- a century during which Puerto Rico has been Representatives and the President of the sembly of Puerto Rico approved Concurrent under the sovereignty of the United States, Senate of Puerto Rico are hereby authorized Resolution No. 62. By means of this Resolu- the Federal Government has never approved to designate a Special Joint Committee tion, Congress was asked to state its opinion or implemented specific measures geared to made up of legislators from the three politi- on the redefinition of Commonwealth men- promoting a process in a conclusive binding cal parties of Puerto Rico, for the sole pur- tioned above. If the elements of that redefi- manner, by which the American citizens of pose of personally delivering the text of this nition were deemed not to be viable, Con- Puerto Rico may democratically express Concurrent Resolution to the Speaker of the gress was requested to inform the people of their wishes regarding their final political House of Representatives and the President Puerto Rico about which status options it status. Pro-Tempore and the Majority Leader of the would be willing to consider in order to re- We also recognize that even though impor- Senate, and to the leaders of the Minority solve our colonial problem, and what proce- tant votes on the political status in Puerto delegations of the Congress. dural steps should be taken to this effect. Rico were carried out in 1967 and 1993 under Section 4.—This Concurrent Resolution On February 29, 1996, the leaders of the the auspices of the Government of Puerto shall take effect immediately after its ap- United States House of Representatives Rico, other voting events will be required in proval. Committee on Resources of the One Hundred order to resolve the status question once and f Fourth Congress and its Subcommittee on for all; and that Congress has still not de- Insular and Native American Affairs, to- fined the interests and responsibilities of the TRIBUTE TO ROBERT C. GRAVES, gether with the House Committee on Inter- Federal Government regarding that process. A FOUNDER OF THE NATIONAL national Relations and its Subcommittee on The need to resolve Puerto Rico’s political the Western Hemisphere, answered the Peo- status persists. It must be carried out by MARROW DONOR PROGRAM ple and the Legislative Assembly of Puerto means of an effective and enlightened proc- Rico by means of a Statement of Principles, ess, whose legitimacy is acceptable to Con- HON. C.W. BILL YOUNG indicating the unfeasibility of accepting the gress, acting in the exercise of the sov- OF FLORIDA redefinition of Commonwealth submitted in ereignty of the United States over Puerto IN THE HOUSE OF REPRESENTATIVES the 1993 plebiscite. These same Congressional Rico, pursuant to the full powers granted leaders also expressed their interest in pro- under the Territorial Clause of the Constitu- Thursday, February 27, 1997 moting Federal legislation so that the One tion of the United States, Article IV, Section Mr. YOUNG of Florida. Mr. Speaker, it is Hundred Fourth Congress could expedite the 3, Clause 2 and which enables the People of steps to be followed in resolving the status Puerto Rico to achieve a sovereign political with great sadness that I report to my col- problem of Puerto Rico. They fulfilled their status through realistic and decolonizing al- leagues the death of Robert C. Graves, pledge by submitting H.R. 3024 and S.R. 2019 ternatives. D.V.M., who was a founder and the first chair- with bipartisan support, for the purpose of Following the plebiscites carried out by man of the board of the National Marrow responding to Concurrent Resolution No. 62, local initiative in 1967 and 1993 and the cor- Donor Program. approved in 1994 by the Legislative Assembly responding results, the Congress of the Unit- Dr. Graves, who died February 13, 1997, at of Puerto Rico. ed States has refused to accept and imple- his home in Fort Collins, CO, was one of the On June 28, 1996 four Congressmen who are ment as permanent and binding the defini- most unique people I have every been associ- members of the Minority Delegation of the tion of Commonwealth that was presented to House of Representatives of the United the voters in 1993. As a result, we must es- ated with during my service in Congress. A States also responded to Concurrent Resolu- tablish a process based on options defined in veterinarian and rancher, he was a colorful tion No. 62, through a letter in which they such a way that both Congress and the and persuasive individual who decided our stated that ‘‘it is clear that Puerto Rico re- American citizens of Puerto Rico recognize Nation needed a national registry of potential mains a non-incorporated territory that is that a choice based upon perpetuating the bone marrow donors. He worked tirelessly to subject to the authority of Congress under lack of political suffrage and the subordina- create such a registry that today saves lives the Territorial Clause . . .’’, thus upholding tion to the plenary powers of Congress under every day. the conclusions set forth in the February 29, the Territorial Clause does not represent the He will be forever remembered for his work 1996 letter, mentioned above. best interests of the residents of Puerto Rico Barely a month later, on July 11, 1996, elev- nor the rest of the United States. to help establish the National Marrow Donor en Congressmen belonging to the Minority The final, permanent status of Puerto Rico Program. He was spurred onward in his drive Delegation of the House of Representatives should be consistent with the democratic to establish a national registry by his daughter of the United States sent a letter to the Mi- principles of freedom, human rights and the Laura, who received the first unrelated marrow February 27, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E353 donor transplant in 1979. At that time, there exemptions that prevent the District of Colum- sent out by the lender when the account is 45 was no centralized listing of potential marrow bia from taxing favored special interests within days delinquent and includes a 1±800 number donors. Instead, there were a few small, com- its borders. The bill targets 36 organizations, that directs the borrower to the nearest hous- munity-based listings of possible donors, many without regard to political affiliation or influ- ing counseling agency. developed around the plight of a patient like ence, which have been given property or in- Shamefully, the law exempts from notifica- come tax breaks on an ad hoc special interest tion requirements veterans who receive loans Laura, suffering from leukemia. basis. Although Laura was fortunate enough to find backed by the U.S. Department of Veterans Congress granted each of these tax exemp- Affairs [VA]. My bill, which was approved by an unrelated matched donor, she lost the bat- tions prior to home ruleÐmany in the 19th tle to leukemia. Her father, however, never the House during the 103d Congress, will re- centuryÐwhen Congress governed the District move this exemption. gave up the fight and one day in 1986 we met and freely allowed tax breaks for Members' fa- here in the halls of the U.S. Capitol, both on It is common knowledge that the housing vorite special interests. My bill would remove counseling program administered by the U.S. a quest to achieve the same goalÐthe estab- these prehome rule exemptions. lishment of a national bone marrow registry. Department of Housing and Urban Develop- Removing these congressionally mandated Together with Adm. Elmo R. Zumwalt, Jr., ment [HUD] has helped to dramatically stave tax exemptions will not solve the District's fi- off foreclosures of FHA-backed loans. By whose family like that of Bob Graves was nancial crisis, but will correct profound dis- touched by the need for a bone marrow donor, working with individuals and families to avoid crimination and inequity at a time when the foreclosure and eviction, the program has we found an interest in this project with the District is on its financial knees. Congress U.S. Navy. By providing a small appropriation saved the Federal Government $6 for every should no longer contribute to the District's fi- dollar invested. in 1986, we gave birth to a national registry, nancial crisis by denying it access to ordinary to honor all those such as Laura Graves who revenue. I urge my colleagues to pass the As such, I have worked to expand the reach inspired us to find a way to save lives. Bob District of Columbia Tax Revenue Non- of housing counselors. In 1989, I successfully Graves became the first chairman of the board discrimination Act and let Congress finally be- extended the program to include those with for the National Marrow Donor Program and come a part of the solution to the District's fi- conventional loans through enactment of the during its formative months played a major nancial crisis, rather than remaining a major Emergency Homeownership Counseling [EHC] role in its organization and in its activation. contributor to the District's financial problems. Program. Today, 10 years later, it is with great pride The following is a list of the 36 organiza- Although veterans can participate in the that I report the National Marrow Donor Pro- tions covered by this bill: American Chemical housing counseling program, they are still ex- gram is a true success story. With more than Society, American Forestry Association, cluded from receiving notification. For the past 2.5 million volunteers in the national registry, Brookings Institution, Medical Society of the two Congresses I have attempted to rectify we proved many people wrong, including a District of Columbia, National Academy of this situation but to no avail. In 1993, my col- former Director of the National Institutes of Science, American Pharmaceutical Associa- leagues in the House approved of removing Health, who told the three of us that we would tion, National Geographic Society, National the exclusion, but the measure died in the never be able to find more than 50,000 people Lutheran Home, American Association to Pro- Senate as part of an otherwise contentious willing to sign up for such a national program. mote the Teaching of Speech to the Deaf, Dis- Housing authorization bill. Bob Graves was a plain spoken but focused abled American Veterans, National Society of Under my bill, the VA is still free to offer its man who devoted a good part of his life to the Colonial Dames of America, Jewish War own counseling services. In fact, my measure helping others. He not only worked the Halls Veterans, Louise Home, Oak Hill Cemetery, in no way impacts, burdens, or requires any of Congress and the Colorado State Legisla- Corcoran Gallery of Art, Luther Statue Asso- involvement from the VA. Instead, my bill ture, but traveled the world to recruit foreign ciation, Young Women's Christian Association, gives borrowers additional means to avoid a nations to be partners with the national reg- Young Men's Christian Association, Edes nightmare. istry. In large part through his efforts, we now Home, General Education Board, Daughters of It should be pointed out, however, that have agreements with 14 other countries, the American Revolution, National Society HUD's notification process is more effective which allows bone marrow to cross inter- United States Daughters of 1812, National So- than the VA's because the VA does not notify national borders on a regular basis. ciety of the Sons of the American Revolution, the delinquent borrower until he or she is 105 To honor Bob and Laura Graves, the board American Legion, National Education Associa- days delinquent. As anybody who has faced of the National Marrow Donor Program, estab- tion, Society of the Cincinnati, American Veter- foreclosure can attest, 90 days is already too lished the Laura Graves Award, given annually ans of WWII, Veterans of Foreign Wars, Na- late, let alone 105. Consequently, although the to an individual who has contributed greatly to tional Women's Party, American Association of delinquency rate of HUD-backed loans is high- saving lives through advancing unrelated bone University Women, National Guard Association er than VA-backed loans, the percentage of marrow transplantation. My wife Beverly and I of the United States, Woodrow Wilson House, loans in foreclosure is nearly the same for are honored to have been a recipient of this American Institute of Architects, Federal Na- both types. The notification process has also award, which is displayed prominently in my tional Mortgage Association (Fannie Mae), helped to work wonders for conventional office. It is a constant reminder of Dr. Robert Federal Home Loan Mortgage Corporation loans, where the number of loans in fore- C. Graves, who we were blessed to know as (Freddie Mac), and Student Loan Marketing closure is less than 1 percent. partner in our quest to save lives, and as a Association (Sallie Mae). Housing counselors have urged me to help true friend. f the roughly 3.5 million borrowers with VA- Mr. Speaker, my deepest sympathy goes backed loans avoid foreclosure. I believe the out to his wife Sherry and his children. They HOUSING COUNSELING Housing Counseling Enhancement Act is a can be consoled by knowing that Bob touched ENHANCEMENT ACT step in that direction. The MBA has ex- the lives of more people throughout the world pressed, from a lender perspective, that the than he would ever know. Many of those peo- HON. JAMES A. TRAFICANT, JR. bill is economically sound because it helps to ple owe their lives today to this crusading prevent costly foreclosures. In a letter of sup- rancher from Fort Collins, CO who had a vi- OF OHIO IN THE HOUSE OF REPRESENTATIVES port to my office, the MBA wrote: ``Counseling sion and never would be deterred until he ful- for veteran borrowers experiencing payment filled that vision and a promise to his daugh- Thursday, February 27, 1997 difficulties is a valuable tool in preventing fore- ter. closures and we, respectfully, urge congres- f Mr. TRAFICANT. Mr. Speaker, today I am introducing the Housing Counseling Enhance- sional approval of your bill.'' INTRODUCTION OF THE DISTRICT ment Act to help veterans stave off foreclosure We would be wise to heed MBA's input. OF COLUMBIA TAX REVENUE and to keep their homes. I urge my colleagues With each foreclosure costing the Government an average of $28,000, Congress can ill-afford NONDISCRIMINATION ACT OF 1997 to once again cosponsor and support this important legislation. not to adopt the bill. The bill, supported by such diverse groups Mr. Speaker, at times Congress passes HON. ELEANOR HOLMES NORTON as the Mortgage Bankers Association [MBA] spending programs that appear one-way in OF THE DISTRICT OF COLUMBIA and the National Federation of Housing Coun- nature. We spend the money, but never see IN THE HOUSE OF REPRESENTATIVES selors, corrects a flaw in the Housing and the benefits. Housing counseling, however, is Urban Development Act of 1968. a preventive program with a proven track Thursday, February 27, 1997 Under current law, borrowers with conven- record of helping homeowners avoid night- Ms. NORTON. Mr. Speaker, today I intro- tional loans and borrowers with loans backed marish and costly foreclosures. duce the District of Columbia Tax Revenue by the Federal Housing Administration [FHA] Again, I urge my colleagues to sign on as Nondiscrimination Act of 1997, a bill which receive notification informing them that hous- a cosponsor to the Housing Counseling En- would remove congressionally established tax ing counseling is available. The notification is hancement Act. Thursday, February 27, 1997 Daily Digest

HIGHLIGHTS The Senate and House held a Joint Meeting to receive an address by His Excellency Eduardo Frei, President of the Republic of Chile Senate 39 nays (Vote No. 20), Senate tabled the amend- Chamber Action ment.) Pages S1708±21 Routine Proceedings, pages S1689–S1778 Bumpers motion to refer the joint resolution to Measures Introduced: Fourteen bills and one reso- the Committee on the Budget with instructions to lution were introduced, as follows: S. 368–381, and report back forthwith with Bumpers/Feingold S.J. Res. 18. Page S1734 Amendment No. 12, in the nature of a substitute. Measures Passed: (By 65 yeas to 34 nays (Vote No. 23), Senate tabled the motion. Pages S1722±26 Airport/Airway Trust Fund: Senate passed H.R. Withdrawn: 668, to amend the Internal Revenue Code of 1986 Hollings/Specter/Bryan Amendment No. 9, to add to reinstate the Airport and Airway Trust Fund ex- a provision proposing an amendment to the Con- cise taxes, clearing the measure for the President. stitution of the United States relating to contribu- Pages S1771±75 tions and expenditures intended to affect elections. Balanced Budget Constitutional Amendment: Page S1726 Senate continued consideration of S.J. Res. 1, pro- Conrad (for Rockefeller) Amendment No. 18, to posing an amendment to the Constitution of the establish that Medicare outlays shall not be reduced United States to require a balanced budget, taking in excess of the amount necessary to preserve the sol- action on amendments proposed thereto, as follows: vency of the Medicare Health Insurance Trust Fund. Pages S1689±97, S1698±S1726 Page S1726 Rejected: A unanimous-consent time-agreement was reached Graham/Robb Amendment No. 7, to strike the providing for further consideration of the resolution limitation on debt held by the public. (By 59 yeas on Tuesday, March 4, 1997, with a vote to occur to 39 nays (Vote No. 19), Senate tabled the amend- thereon. Page S1728 ment.) Pages S1690±97 Feingold Amendment No. 13, to require approval Campaign Financing—Agreement: A unanimous- of the amendment to the Constitution within 3 years consent agreement was reached providing for the after the date of its submission to the States for rati- consideration of a Senate joint resolution relating to fication. (By 69 yeas to 31 nays (Vote No. 21), Sen- campaign financing. Page S1776 ate tabled the amendment.) Pages S1701±03, S1721 Appointments: Feingold Amendment No. 14, to permit the use Coordinating Council on Juvenile Justice and of an accumulated surplus to balance the budget Delinquency Prevention: The Chair, on behalf of during any fiscal year. (By 60 yeas to 40 nays (Vote the Majority Leader, pursuant to Public Law No. 22), Senate tabled the amendment.) 93–415, as amended by Public Law 102–586, an- Pages S1703±08, S1721±22 nounced the appointment of Michael W. McPhail, of Leahy (for Kennedy) Amendment No. 10, to provide that only Congress shall have authority to en- Mississippi, to the Coordinating Council Juvenile force the provisions of the balanced budget constitu- Justice and Delinquency Prevention. Page S1776 tional amendment, unless Congress passes legislation Messages From the President: Senate received the specifically granting enforcement authority to the following messages from the President of the United President or State or Federal courts. (By 61 yeas to States: D148 February 27, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D149 Transmitting the notice of the continuation of the PERSIAN GULF ILLNESS national emergency relating to Cuba; referred to the Committee on Armed Services: Committee concluded Committee on Banking, Housing, and Urban Affairs. hearings to examine the Department of Defense re- (PM–18). Page S1732 sponse to reports that service members may have Nominations Received: Senate received the follow- been exposed to chemical agents while serving in the ing nominations: Persian Gulf and to research efforts into the causes Routine lists in the Air Force, Army, Coast and treatment of Persian Gulf related illnesses, after Guard. Pages S1776±78 receiving testimony from John P. White, Deputy Messages From the President: Page S1732 Secretary of Defense; Lt. Gen. Carlton W. Fulford, Jr., USMC, Commanding General, I Marine Expedi- Messages From the House: Pages S1732±33 tionary Force (Camp Pendleton, California); Brig. Measures Placed on Calendar: Page S1733 Gen. Daniel R. Zanini, USA, Chief of Army Staff; Measures Read First Time: Page S1775 Stephen C. Joseph, Assistant Secretary of Defense for Health Affairs; Elaine L. Larson and Adm. Donald Petitions: Pages S1733±34 Custis, USN (Ret.), both on behalf of the Presi- Statements on Introduced Bills: Pages S1734±62 dential Advisory Committee on Gulf War Veterans’ Additional Cosponsors: Pages S1762±63 Illnesses; and Gen. H. Norman Schwarzkopf, USA (Ret.). Notices of Hearings: Page S1763 AUTHORIZATION—DEFENSE Authority for Committees: Pages S1763±64 Committee on Armed Services: Subcommittee on Strate- Additional Statements: Page S1764 gic Forces held hearings on proposed legislation au- Record Votes: Five record votes were taken today. thorizing funds for fiscal year 1998 for the Depart- (Total—23) Pages S1697, S1721, S1722, S1726 ment of Defense and the future years defense pro- Adjournment: Senate convened at 11 a.m. and ad- gram, focusing on ballistic missile defense programs, journed at 7:16 p.m., until 10 a.m., on Friday, Feb- receiving testimony from Lt. Gen. Lester L. Lyles, ruary 28, 1997. (For Senate’s program, see the re- USAF, Director, Ballistic Missile Defense Organiza- marks of the Acting Majority Leader in today’s tion, Department of Defense. Record on page S1776.) Subcommittee recessed subject to call. TV RATINGS SYSTEM Committee Meetings Committee on Commerce, Science, and Transpor- (Committees not listed did not meet) tation:Committee held hearings to examine the impact and adequacy of the current television ratings APPROPRIATIONS—AGRICULTURE system, receiving testimony from Senators Boxer, Committee on Appropriations: Subcommittee on Agri- Coats, Conrad, Leahy, and Lieberman; Representa- culture, Rural Development, and Related Agencies tives Bono, Burton, Foley, Gallegly, Joseph Ken- held hearings on proposed budget estimates for fiscal nedy, and Markey; Joan Dykstra, National PTA, year 1998 for the Department of Agriculture, receiv- Eddie Fritts, National Association of Broadcasters, ing testimony from Dan Glickman, Secretary, Rich- Jack Valenti, Motion Picture Association of America, ard Rominger, Deputy Secretary, Keith Collins, Robert T.M. Phillips, American Psychiatric Associa- Chief Economist, and Stephen B. Dewhurst, Direc- tion, and Andrea Sheldon, Traditional Values Coali- tor, Office of Budget and Program Analysis, all of tion, all of Washington, D.C.; Lois Salisbury, Chil- the Department of Agriculture. dren Now, Oakland, California; Matt Blank, Subcommittee will meet again on Tuesday, March Showtime Network, New York, New York; Joanne 4. Cantor, University of Wisconsin, Madison; Kevin Saunders, University of Oklahoma, Norman; and APPROPRIATIONS—AID Brian Wilcox, University of Nebraska, Lincoln, on Committee on Appropriations: Subcommittee on Foreign behalf of the American Psychological Association. Operations held hearings on proposed budget esti- Hearings were recessed subject to call. mates for fiscal year 1998 for the Agency for Inter- national Development and to review bilateral eco- MEDICARE nomic assistance programs, receiving testimony from Committee on Finance: Committee held hearings to ex- J. Brian Atwood, Administrator, Agency for Inter- amine the views of certain Congressional advisory national Development. commissions on the Administration’s proposed budg- Subcommittee recessed subject to call. et request for fiscal year 1998 for Medicare, receiving D150 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 1997 testimony from Joseph P. Newhouse, Chairman, Pro- AUTHORIZATION—HIGHER EDUCATION spective Payment Assessment Commission; and Gail ACT R. Wilensky, Chair, Physician Payment Review Committee on Labor and Human Resources: Committee Commission. held hearings to examine the Administration’s post- Hearings were recessed subject to call. secondary education policy and proposed legislation MEDICARE authorizing funds for programs of the Higher Edu- Committee on Finance: Subcommittee on Health Care cation Act, receiving testimony from Richard W. resumed hearings to examine the financial soundness Riley, Secretary of Education. of the Medicare program and its future status, re- Hearings will continue on Friday, March 14. ceiving testimony from Thomas R. Saving and An- drew J. Rettenmaier, both of the Private Enterprise HUBZONE ACT Research Center/Texas A&M University, College Sta- Committee on Small Business: Committee held hearings tion; Stuart H. Altman, Brandeis University Grad- on S. 208, to provide Federal contracting opportuni- uate School for Social Policy, Waltham, Massachu- ties for small business concerns located in historically setts; and Len M. Nichols, Urban Institute, Wash- underutilized business zones, receiving testimony ington, D.C. from Barry N. Corona, Production Products Manu- Hearings were recessed subject to call. facturing and Sales, Inc., St. Louis, Missouri; J. 1998 STATE DEPARTMENT BUDGET Glynn Loope, Alleghany Highlands Economic Devel- Committee on Foreign Relations: Subcommittee on opment Authority, Covington, Virginia; Ursula International Operations concluded hearings to ex- Powidzki, Baltimore Advisors, Inc., Baltimore, amine the President’s proposed budget request for Maryland, on behalf of the Initiative for a Competi- fiscal year 1998 for the Department of State’s ad- tive Inner City; and Fabio Sampoli, Greater New ministration of foreign affairs, after receiving testi- Haven Chamber of Commerce, New Haven, Con- mony from Patrick F. Kennedy, Acting Under Sec- necticut. retary of State for Management. Hearings were recessed subject to call. h House of Representatives Recess: The House reconvened at 11:45 a.m. Chamber Action Pages H674 Bills Introduced: 46 public bills, H.R. 856–901; Committee Leave of Absence: Read a letter from and 5 resolutions, H.J. Res. 57, and H. Con. Res. Representative Watts of Oklahoma wherein he re- 27–30, were introduced. Pages H699±H702 quests a leave of absence from the Committee on Reports Filed: No reports were filed today. Banking and Financial Services. Page H675 Journal: By a yea-and-nay vote of 332 yeas to 38 Joint Economic Committee: The Chair announced nays with 2 voting ‘‘present’’, Roll No. 28, the the Speaker’s appointment of Representatives House agreed to the Speaker’s approval of the Jour- Manzullo, Sanford, Thornberry, Doolittle, and nal of Wednesday, February 26. Pages H671, H675 McCrery to the Joint Economic Committee. Recess: The House recessed at 9:03 a.m. Page H671 Page H675 Address by President Frei of Chile: The Senate Presidential Message—National Emergency Re and House held a Joint Meeting to receive an ad- Cuba: Read a message from the President wherein dress by His Excellency Eduardo Frei, President of he transmits his report concerning the national the Republic of Chile. President Frei was escorted to emergency with respect to the Government of and from the House Chamber by Senators Nickles, Cuba—referred to the Committee on International Mack, Coverdell, Lugar, Dodd, Harkin, and Graham Relations and ordered printed (H. Doc. 105–48). of Florida, and by Representatives Armey, DeLay, Pages H675±76 Boehner, Cox of California, Gilman, Gallegly, Gep- Recess Proceedings: It was made in order that the hardt, Bonior, Kennelly, Hoyer, Hamilton, and recess proceedings of the Joint Meeting be printed Menendez. Pages H671±74 in the record. Page H676 February 27, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D151 Meeting Hour: Agreed that when the House ad- Diseases; Kenneth Olden, M.D., Director, National journs today, it adjourn to meet at 2 p.m. on Mon- Institute of Environmental Health Sciences; and day, March 3, 1997. Agreed that when the House James B. Snow, Jr., M.D., Director, National Insti- adjourns on Monday, it adjourn to meet at 12:30 tute on Deafness and other Communication Dis- p.m. on Tuesday, March 4, for morning-hour debate. orders. Page H679 MILITARY CONSTRUCTION Calendar Wednesday: Agreed that the business in APPROPRIATIONS order under the Calendar Wednesday rule be dis- Committee on Appropriations: Subcommittee on Mili- pensed with on Wednesday, March 5. Page H679 tary Construction held an Overview hearing. Testi- Referrals: One Senate-passed measure, S. 305, was mony was heard from John J. Hamre, Comptroller, referred to the Committee on Banking and Financial Department of Defense. Services. Page H671 NATIONAL SECURITY APPROPRIATIONS Senate Messages: Message received from the Senate today appears on page H671. Committee on Appropriations: Subcommittee on Na- tional Security met in executive session to hold a Quorum Calls—Votes: One yea-and-nay vote de- hearing on the U.S. European Command and on the veloped during the proceedings of the House today U.S. Atlantic Command. Testimony was heard from and appears on page H675. There were no quorum the following officials of the Department of Defense: calls. Gen. George Joulwan, USA, Commander-in-Chief, Adjournment: Met at 9 a.m. and adjourned at 3:25 U.S. European Command; and Gen. John Sheehan, p.m. USMC, Commander-in-Chief, U.S. Atlantic Com- mand. Committee Meetings MEDICARE MANAGED CARE AGRICULTURE, RURAL DEVELOPMENT, Committee on Commerce: Subcommittee on Health and FDA, AND RELATED AGENCIES Environment held a hearing on Medicare Managed APPROPRIATIONS Care: Payment and Related Issues. Testimony was Committee on Appropriations: Subcommittee on Agri- heard from Bruce M. Fried, Director, Office of Man- culture, Rural Development, Food and Drug Admin- aged Care, Health Care Financing Administration, istration, and Related Agencies held a hearing on the Department of Health and Human Services; Jona- FDA. Testimony was heard from Michael Friedman, than Ratner, Associate Director, Health Financing Deputy Commissioner, Operations, FDA, USDA. Systems, Health, Education, and Human Services, GAO; Donald A. Young, M.D., Executive Director, FOREIGN OPERATIONS, EXPORT Prospective Payment Assessment Commission; and FINANCING AND RELATED PROGRAMS Roger S. Taylor, M.D., Commissioner, Physician APPROPRIATIONS Payment Review Commission. Committee on Appropriations: Subcommittee on Foreign Operations, Export Financing and Related Programs OVERSIGHT—REHABILITATION ACT held a hearing on the Secretary of the Treasury. Tes- Committee on Education and the Workforce: Subcommit- timony was heard from Robert E. Rubin, Secretary tee on Postsecondary Education, Training and Life- of the Treasury. Long Learning held an oversight hearing on the Re- LABOR, HHS, EDUCATION habilitation Act of 1973. Testimony was heard from APPROPRIATIONS the following officials of the Department of Edu- cation: Judy Heumann, Assistant Secretary, Office of Committee on Appropriations: Subcommittee on Labor, Special Education and Rehabilitative Services; and Health and Human Services, and Education held a Frederic Schroeder, Commissioner, Rehabilitation hearing on the National Center of Human Genome Services Administration; P. Charles LaRosa, Com- Research, the National Institute of Allergy and In- missioner, Department of Vocational Rehabilitation, fectious Diseases, the National Institute of Environ- State of South Carolina; and public witnesses. mental Health Sciences and the National Institute on Deafness and other Communication Disorders. OVERSIGHT—HUD Testimony was heard from the following officials of Committee on Government Reform and Oversight: Sub- the Department of Health and Human Services: committee on Human Resources and Intergovern- Francis S. Collins, M.D., Director, National Human mental Relations held an oversight hearing on the Genome Research Institute; Anthony S. Fauci, M.D., Department of Housing and Urban Development: Director, National Institute of Allergy and Infectious Mission, Management, and Performance. Testimony D152 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 1997 was heard from Andrew M. Cuomo, Secretary of Military Health Care Issues, GAO; Stephen Joseph, Housing and Urban Development. M.D., Assistant Secretary (Health Affairs), Depart- OVERSIGHT—NATIONAL DRUG CONTROL ment of Defense; and public witnesses. STRATEGY DEFENSE R&D FOR FUTURE READINESS Committee on Government Reform and Oversight: Sub- Committee on National Security: Subcommittee on Mili- committee on National Security, International Af- tary Research and Development held a hearing on fairs, and Criminal Justice held an oversight hearing Defense research and development for future readi- on the 1997 National Drug Control Strategy. Testi- ness. Testimony was heard from the following offi- mony was heard from Barry R. McCaffrey, Director, cials of the Department of Defense: Anita K. Jones, Office of National Drug Control Policy. Director, Defense Research and Engineering; Lee Bu- FREE SPEECH AND CAMPAIGN FINANCE chanan, Deputy Director, Defense Advanced Re- REFORM search Projects Agency; Patricia Sanders, Director, Test Systems Engineering and Evaluation; and Committee on the Judiciary: Subcommittee on the Con- Thomas Perdue, Acting Deputy Under Secretary stitution held a hearing regarding Free Speech and (Advanced Technology). Campaign Finance Reform. Testimony was heard from Senator McConnell; Representatives Gephardt NATIONAL GEOLOGIC MAPPING ACT and Frank of Massachusetts; and public witnesses. REAUTHORIZATION AND AMENDMENTS OVERSIGHT Committee on Resources: Subcommittee on Energy and Mineral Resources approved for full Committee ac- Committee on the Judiciary: Subcommittee on Immi- tion as amended H.R. 709, to reauthorize and gration and Claims held an oversight hearing regard- amend the National Geologic Mapping Act of 1992. ing deception of a Congressional Task Force delega- Prior to this action, the Subcommittee held a tion to the Miami District of the Immigration and hearing on this legislation. Testimony was heard Naturalization Service. Testimony was heard from from P. Patrick Leahy, Chief Geologist, U.S. Geo- the following officials of the Department of Justice: logical Survey, Department of the Interior; and a Stephen Colgate, Assistant Attorney General, Ad- public witness. ministration; and Doris Meissner, Commissioner and Chris Sale, Deputy Commissioner, both with the Im- NATIONAL SEA GRANT COLLEGE migration and Naturalization Service. PROGRAM ACT MILITARY CONSTRUCTION BUDGET Committee on Resources: Subcommittee on Fisheries REQUESTS Conservation, and Wildlife and Oceans, held a hearing on H.R. 437, to reauthorize the National Sea Committee on National Security: Subcommittee on Mili- Grant College Program Act. Testimony was heard tary Installations and Facilities held a hearing on the from Representative Stupak; Ronald C. Baird, Execu- fiscal year 1998 military construction budget request tive Director, National Sea Grant College Program, for programs of the Secretary of Defense, the Defense Office of Oceanic and Atmospheric Research, Agencies, and the Active and Reserve Components of NOAA, Department of Commerce; and public wit- the Department of the Army. Testimony was heard nesses. from the following officials of the Department of Defense: John B. Goodman, Deputy Under Secretary NOAA BUDGET REQUEST (Industrial Affairs and Installations); Robert M. Committee on Resources: Subcommittee on Fisheries Walker, Assistant Secretary of the Army (Installa- Conservation, Wildlife and Oceans held oversight tions, Logistics and Environment); Maj. Gen. Ran- hearing on the NOAA fiscal year 1998 budget re- dolph House, USA, Assistant Chief of Staff, Installa- quest, which includes funding for the National Ma- tions Management, Department of the Army; Brig. rine Fisheries Service. Testimony was heard from D. Gen. William Bilo, Deputy Director, Army National James Baker, Under Secretary, Oceans and Atmos- Guard; and Brig. Gen. James Helmly, Deputy Chief, phere, Department of Commerce. Army Reserve. OVERSIGHT—RESEARCH AND RESOURCES DOD HEALTH CARE ALTERNATIVES MANAGEMENT Committee on National Security: Subcommittee on Mili- Committee on Resources: Subcommittee on National tary Personnel held a hearing on Department of De- Parks and Public Lands held an oversight hearing on fense health care alternatives for Military Medicare- Research and Resource Management in the National Eligible Beneficiaries. Testimony was heard from Park Service. Testimony was heard from Barry T. Stephen P. Backhus, Director, Veterans’ Affairs and Hill, Associate Director, Energy, Resources and February 27, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D153

Science Issues, Resources, Community and Economic Hearings continue March 4. Development Division, GAO; the following officials of the Department of the Interior: Richard B. VA BUDGET REQUEST Keigley, Ecologist, U.S. Geological Survey; Roger G. Committee on Veterans’ Affairs: Held a hearing on the Kennedy, Director, National Park Service; and Mark Administration’s fiscal year 1998 VA Budget. Testi- Schaefer, Deputy Assistant Secretary, Water and mony was heard from Frank Q. Nebeker, Chief Science; and public witnesses. Judge, U.S. Court of Veterans Appeals; and representatives of veterans organizations. HOUSE RULES RECODIFICATION Committee on Rules: Bipartisan Ad Hoc Task Force on ENCOURAGING ADOPTION the Recodification of House Rules met to discuss the Committee on Ways and Means: Subcommittee on Task Force agenda and goals. Human Resources held a hearing on Encouraging The Task Force received a briefing on the Recodi- Adoption. Testimony was heard from Mark Nadel, fication of House Rules by Charles Johnson, Chief Associate Director, Income Security Issues, GAO; Parliamentarian of the House. and public witnesses. ETHICS REFORM COMMITTEE ORGANIZATION Committee on Standards of Official Conduct: Task Force Committee on Ways and Means: Subcommittee on So- on Ethics Reform met in executive session to hold cial Security met for organizational purposes. a hearing on Ethics Reform. Testimony was heard from Members of Congress. ETHICS REFORM SURFACE TRANSPORTATION RESEARCH Task Force on Ethics Reform: Met in executive session to discuss Ethics Reforms. Committee on Science: Subcommittee on Technology f held a hearing on Surface Transportation Research Needs for the Next Century. Testimony was heard COMMITTEE MEETINGS FOR FRIDAY, from Mortimer L. Downey, Deputy Secretary, De- FEBRUARY 28, 1997 partment of Transportation; David L. Winstead, Sec- (Committee meetings are open unless otherwise indicated) retary, Department of Transportation, State of Mary- land; and a public witness. Senate ISTEA REAUTHORIZATION Committee on Labor and Human Resources, business meeting, to consider pending calendar business, 9 a.m., Committee on Transportation and Infrastructure: Sub- SD–430. committee on Surface Transportation continued hearings on ISTEA Comprehensive Reauthorization Pro- House posals: On the Administration’s and Other Com- Committee on National Security, Subcommittee on Mili- prehensive Reauthorization Proposals. Testimony was tary Research and Development, hearing on the Federal heard from Rodney E. Slater, Secretary of Transpor- response to terrorist incidents involving weapons of mass tation; and public witnesses. destruction, 10 a.m., 2118 Rayburn. D154 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, February 28 2 p.m., Monday, March 3

Senate Chamber House Chamber Program for Friday: Senate will conduct no legislative Program for Monday: No legislative business. business.

Extensions of Remarks, as inserted in this issue

HOUSE Fattah, Chaka, Pa., E347 Rangel, Charles B., N.Y., E346 Greenwood, James C., Pa., E349 Rogan, James E., Calif., E346 Abercrombie, Neil, Hawaii, E345 Kelly, Sue W., N.Y., E342 Scott, Robert C., Va., E347 Ackerman, Gary L., N.Y., E345 Knollenberg, Joe, Mich., E345 Smith, Linda, Wash., E341 Bereuter, Doug, Nebr., E348 Lewis, John, Ga., E340, E344 Stokes, Louis, Ohio, E346 Brown, George E., Jr., Calif., E344 Maloney, Carolyn B., N.Y., E344 Thompson, Bennie G., Miss., E349 Chabot, Steve, Ohio, E347 Menendez, Robert, N.J., E339, E342 Traficant, James A., Jr., Ohio, E343, E353 Crane, Philip M., Ill., E346 Miller, George, Calif., E341 Visclosky, Peter J., Ind., E339 Deutsch, Peter, Fla., E345 Moran, James P., Va., E351 Young, C.W. Bill, Fla., E342, E352 Duncan, John J., Jr., Tenn., E341 Morella, Constance A., Md., E343 Young, Don, Alaska, E340, E351 Ehrlich, Robert L., Jr., Md., E347 Norton, Eleanor Holmes, D.C., E343, E353

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